06.01 - Req for Appeal-Dog Boarding-Public Hearing

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256. Zoning Permit. A permit issued by the Zoning Administrator to allow the construction of a structure or to allow a land use when the provisions of this ordinance have been met, when approval of any conditional use permits or variances have been granted and when the fees are paid. A zoning permit may have administrative conditions specific to the subject site when called for by the Ordinance. Comment: As indicated previously, construction related to the kennel was underway prior to CUP approval and continued thereafter rejection. Please supply permitting history as this is inconsistent with Land Use policies. ARTICLE 4. GENERAL PROVISIONS Section 17 -4.1 APPLICATION OF THE ORDINANCE 1. The provisions of this Chapter shall be held to be the minimum requirements for the maintaining of the public health, safety, and welfare. 2. Where the provisions of the Ordinance are either more restrictive or less restrictive then applicable provision of other laws, ordinances, statutes, resolutions, covenants or regulations of any kind, the more restrictive condition, standard or requirement shall prevail, except as authorized by the more restrictive agency. Comment: Breezy Pines subdivision covenants are based on Crow Wing County Ordinance and are more restrictive. Specifically, Dog Kennels were excluded in 1982 and still are today. The more restrictive agency is Crow Wing County. 3. Except as this Chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in any manner which is not in conformity with this ordinance. 4. Any existing structure or use of property subject to conditions of approval for a Variance, Conditional Use Permit or other land use application must have a Land Use Certificate of Compliance issued within twelve (12) months of the approval. The Land Use Certificate of Compliance, when issued, shall state that the building or use appears to be in compliance with the conditions of approval. 5. Ambiguities in the Ordinance shall be resolved by interpretation of the Planning and Zoning Administrator. If an applicant wishes to appeal the interpretation of the Administrator, an appeal can be made through a hearing of the Planning Commission. Comment. An inconsistent or ambiguous nature of an ordinance (as evidenced by and introduced with the submittal to exclude kennels in RR at the July P &Z meeting) is the responsibility of P &Z and the Administrator to resolve such ambiguities in favor of the more restrictive condition. Section 17 -4.6 OTHER STANDARDS The provisions of this Chapter were prepared to be at least as restrictive as the "Statewide Standards for 'Management of Shoreland Areas "' effective July 3, 1989. Where the conditions of the Shoreland Standards are more restrictive, or in case of oversight, exclusion, or ambiguity in this Chapter, the Shoreland Standards shall govern, except for applications involving non - conforming uses or other applications approved by the Commissioner. The provisions of this Chapter do not take precedent over other Federal, State or Local laws that may be more restrictive. In the case of a more restrictive standard applied by a governing body that has land use authority within the City, the non -local standard would apply. In the case where this Chapter is the most restrictive standard, the provisions of the Ordinance shall apply where allowed by law. ARTICLE 5. ZONING DISTRICTS AND DISTRICT PROVISIONS Section 17 -5.1 GENERAL 6. The following provisions apply to all zoning districts: Page 9 of 20