Planning & Development

Application Checklist: Special Use or Interim Use, General

A special use permit applies to applications for those special uses listed for
specific zone districts in Table 50‐19.8 of the UDC. See UDC Section 50‐37.10 for
more information.

Starting the Application Process

  • Call 218‐730‐5580, email planning@duluthmn.gov or visit www.duluthmn.gov/eplace to request a pre‐application meeting. The pre‐application meeting is intended to discuss the application process and general timeline. A comprehensive review of the proposed project is not possible at this meeting; detailed review of the project will occur once a complete application, with sufficient supporting information and exhibits, is submitted.

Your Application

  • Submit your application materials by the Planning Commission
    application deadline.
  • Visit www.duluthmn.gov/eplace to submit your application
  • Click on “Apply” and search for your application type. (You will need to sign in to the system, or create a new account if you do not already have one.)
  • Follow the prompts to fill in information. Required information is
    indicated with an asterisk.
  • On the attachments page, upload the following:
    • Survey of the property (required for any with spatial impacts;
      survey requirement can only be waived in writing by the Land Use
      Supervisor)
    • Site plan with accurate depiction of the lot size, existing and
      proposed structures, parking, and any other relevant features
      (required)
    • Landscape or screening plan (if required) detailing species type and
      number of trees and shrubs. The City may require an escrow fee to
      ensure that the landscape is installed and maintained as approved.
    • Projects that may create more than 100 trips per hour or 1,000
      trips may day will require a traffic study.
    • Any materials needed to confirm compliance with Use‐Specific
      Standards in Section 50‐20 or any Development Standards in Article
      4, to be determined at the pre‐application meeting: ____________________________________________________
    • Materials for specific uses:
      • Solid waste disposal facility:
      • A detailed plan for excavation, grading, dumping, filling, covering, landscaping, and closure of the facility
      • Engineering certification, signed by the project engineer, which must certify that the design for construction is in accordance with standards in the UDC and State statutes
        • Drainage plan that provides for diversion of surface water around and away from the disposal area and does not increase the rate of runoff, from the predevelopment condition, from the site onto adjoining properties
        • Ground water monitoring plan as and if required by State statutes or rules
        • A detailed dust control plan for the facility and for roadways in and leading to and from the facility
      • Mining, extraction and storage: A plan or map showing the area to be excavated; existing contour lines and proposed contour lines which will result from the excavation or removal; existing and proposed drainage on the premises; all street and public easements; proposed routes of access to
        public highways from the area to be excavated; and location, size and use of all buildings.
  • After your application is complete, click “Add to Cart” for the fee listed, and pay the fee. Incomplete applications will not be reviewed or accepted.

After Submitted Your Application 

1. Determination of Completeness. Within 15 business days of your application, you should expect to:

  • Receive an “Applicant Letter,” which acknowledges a complete application, shares the date of the Planning Commission meeting and the assigned staff person, and notifies you of State‐mandated deadlines for the City to make a decision, OR
  • Receive notification that your application is incomplete, with details on further information to submit.

2. Public Notice. A mailed notice will be sent by the City to property owners within 350 feet.

  • You are required to post a sign notice on the property at least two weeks before the date of the public hearing. See UDC Section 50‐37.1.H for information on size, placement, and content of each sign; you may want to contact a sign company or printing company to have the sign made. You must provide evidence that the signs were in place; submit photo(s) of the signs to the Planning Division at least two weeks before the date of the public hearing.

3. Staff Review. Planning staff will evaluate your application and prepare a staff report. When considering a recommendation for an interim use, Planning Staff generally review the Comprehensive Plan (including the Future Land Use Map, Governing Principles, and Policies), surrounding land uses and zoning, individual factors that are unique or special to the proposal, compliance with any approved district plan for the area, any additional UDC criteria, and other related factors.

  • You will receive an email with the Planning Commission agenda and a link to this staff report about 5 days prior to the meeting.

4. Planning Commission Decision. Planning Commission meetings are scheduled at 5:00 pm on the second Tuesday of each month. We ask that applicants or an agent attend this meeting.

The Planning Commission will hold a public hearing and make a decision to adopt, adopt with modifications, or deny the application.

5. Development Agreement. Interim Use Permits require a development agreement, to be finalized and signed after City Council approval. Staff will discuss the format and content of the development agreement with you.

 

Note that other City codes may apply to your project. Please be aware of any applicable Building Code (Construction Services Division), Fire Code (Life Safety Division), and stormwater/engineering (Engineering Division) regulations. The zoning approval may be only the first step in a several step process.

If a wetland delineation is needed for the project to proceed, it must be reviewed and approved before any zoning application will be accepted.

If a wetland replacement plan is required for a project to proceed, it must have been submitted and accepted as a complete application before the project zoning application will be accepted.