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r;=n\ANU Uhfc. PI ANN I NU <br />commonly shared by other property owners. Vari­ <br />ances are normally limited to_heiqht, bulk, density^ <br />and yard requirements and .are not to be used to <br />’allow a use of land prohibited by the zoning ordi­ <br />nance. <br />Conditional Use (or Special Exception) <br />These are uses which may be permitted within <br />certain zoning districts if it is found that they meet <br />specified standards and are not detrimental to the <br />district. The zoning ordinance must contain a list of <br />uses permitted as "conditional uses" within each <br />zone. Ti*e zoning ordinances should also contain <br />explicit standards which the conditional use must <br />meet in order to qualify for a permit. The standards <br />must insure that the conditional use is permitted <br />only when the public convenience and welfare will <br />be served and the* appropriate use of neighboring <br />property will not be substantially or peimanently <br />injured. <br />In most cases, requests for one of these functions <br />begin when a landowner asks for a permit to do <br />so.iiething which the zoning ordinance does not <br />allow. When confronted with such a request, the <br />zoning administrator must refuse to issue the permit. <br />■ ■ i <br />The zoning administrator should then explain to the <br />landowner the alternatives which exist and give <br />advice regarding* the proper zoning function and the <br />likelihood of such a request being approved <br />The landowner then must decide from the follow­ <br />ing: <br />Appeal the decision of the zoning adminis­ <br />trator to the board of adjustment; <br />Apply for the appropriate zoning function; or <br />Stop action entirely. <br />On the following pages, each of three zoning <br />functions is discussed in detail. Particular emphasis <br />is given to the procedures and the roles and respon ­ <br />sibilities of the different organizations. <br />One word of caution: the procedures described <br />are consistent with the Minnesota Planning Act <br />(M S. 462.351 - 462.364). However, the Act per­ <br />mits a certain amount of flexibility. Therefore, the <br />zoning ordinance in force in your city should be <br />consulted and compared with the procedures in this <br />manual. Where there are differences, your zoning <br />ordinance should be followed ... or changed. If <br />there are legal questions, your city attorney should <br />be consulted. <br />......