Subd. 1. Enforcing officer. The clerk/treasurer shall serve as the zoning administrator. The zoning administrator shall enforce this ordinance and shall perform the following duties:

A.

Issue building and other permits upon review and approval of the building inspector to ensure compliance with the building code, and make and maintain records thereof.

B.

Insures that the building inspector conducts inspections of buildings and use of land to determine compliance with the terms of this ordinance.

C.

Maintain permanent and current records of this ordinance, including, but not limited to: all maps, amendments, and conditional uses, variances, appeals and applications therefor.

D.

Receives, files, and forwards all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

E.

Serves as ex-officio member of the planning commission.

Subd. 2. Planning and zoning commission.

A.

A planning and zoning commission has been established for the city under separate ordinance which delineates its membership; terms of office, removal from office and vacancies; functions, powers, and duties.

B.

As an advisory board to the council, the planning commission shall review, hold public hearings, and make recommendations to the council on all applications for zoning amendments and conditional use permits using the criteria in subdivisions 4A and 5A of this section.

Subd. 3. Board of adjustments and appeals.

A.

The council shall appoint a three member board of adjustments and appeals. Members shall serve a one year term that shall expire on December 31 of the year of the appointment, or until successors have been appointed and qualified. One member shall be from the planning commission, one from the council and one from the city-at-large. Vacancies shall be filled by the council for the unexpired term of the vacating commissioner.

B.

The board of adjustments and appeals shall have the power and duty of hearing and deciding appeals or requests in the following cases:

1.

Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this ordinance.

2.

Requests for variances using the criteria in subdivision 6A of this section.

C.

The decision of the board of adjustments and appeals shall not be final and any person having an interest affected by such decision shall have the right to appeal to the council.

Subd. 4. Zoning amendments.

A.

Criteria for granting zoning amendments. The council may adopt amendments to this ordinance by a two-thirds vote of all its members relative to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.

B.

Kinds of amendments.

1.

A change in the districts boundary.

2.

A change in a districts regulations.

3.

A change in any other provisions of this ordinance.

C.

Initiation of proceedings. Proceedings for amending this ordinance shall be initiated by at least one of the following three methods:

1.

By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed.

2.

By recommendation of the planning commission.

3.

By action of the council.

D.

Procedure. The procedure for a property owner to initiate a rezoning or district regulation change is:

1.

The property owner or his agent shall meet with the zoning administrator to explain his proposal, obtain procedures, and an application form.

2.

The applicant shall file the completed application form together with any exhibits and that [the] required fee with the zoning administrator. All applications for rezoning shall be received in the office of the clerk/treasurer no later than 30 days prior to a planning commission meeting.

3.

The zoning administrator shall transmit the application and any exhibits to the planning commission and shall notify all property owners within 350 feet of the outer boundaries of the property in question.

4.

The zoning administrator shall set the date for the public hearing and shall have notices of such hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to said hearing. The council may waive the mailed notice requirements for a citywide amendment to this ordinance initiated by the planning commission of the council.

5.

The planning commission shall hold the public hearing and then shall recommend, within 60 days of the public hearing, one of the three actions—approval, denial, or conditional approval.

6.

The planning commission shall transmit its recommendations to the council for the council's official action upon the application within 60 days after receiving the recommendation of the planning commission.

7.

No reapplication of a property owner for an amendment to the text of this ordinance shall be considered by the planning commission within a one year period following a denial of such request, except that the planning commission may permit a new application, if, in the opinion of the planning commission, new evidence or a change of circumstances warrant it.

Subd. 5. Conditional use permits.

A.

Criteria for granting conditional use permits. In granting a conditional use permit, the council shall consider the advice and recommendations of the planning commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the council shall consider the following findings where applicable:

1.

The use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city;

2.

The use will be harmonious with the general and applicable specific objectives of the comprehensive plan of the city and this ordinance;

3.

The use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area;

4.

The use will not be hazardous or disturbing to existing or future neighboring uses;

5.

The use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use;

6.

The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

7.

The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors;

8.

The use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;

9.

The use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance;

10.

The use will conform to specific standards of this ordinance applicable to the particular use.

B.

Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the council may impose, in addition to these standards and requirements expressly specified by this ordinance, additional conditions which the council considers necessary to protect the best interest of the surrounding area or community as a whole. These conditions may include, but are not limited to, the following:

1.

Increasing the required lot size or yard dimension.

2.

Limiting the height, size or location of buildings.

3.

Controlling the location and number of vehicle access points.

4.

Increasing the street width.

5.

Increasing the number of required off-street parking spaces.

6.

Limiting the number, size, location or lighting of signs.

7.

Requiring additional compatible fencing, screening landscaping or other facilities to protect and buffer adjacent or nearby property.

8.

Designating sites of open space.

C.

[Record of conditional use permits issued.] The zoning administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and condition made by the council; time limits, review dates, and other information as may be appropriated.

D.

Procedure. The procedure for applying for a conditional use permit is as follows:

1.

The property owner or his agent shall meet with the zoning administrator to explain his proposal, learn the procedures, and obtain an application form.

2.

The applicant shall file the completed application form together with any exhibits and required fee with the zoning administrator. All applications for a conditional use permit must be received 30 days prior to a planning commission meeting.

3.

The zoning administrator shall transmit the application to the planning commission and shall notify all property owners within 350 feet of the outer boundaries of the property in question.

4.

The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to said hearing.

5.

The planning commission shall hold the public hearing and shall then study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and recommend one of the three actions—approval, denial, or conditional approval.

6.

The planning commission shall transmit, within 60 days of the public hearing, its recommendation to the council for the council's official action.

7.

The council shall take appropriate action on the request for conditional use permit within 60 days of receiving the recommendations by the planning commission. If it grants a conditional use permit, the council may impose conditions, including time limits it considers necessary to protect the public health, safety, and general welfare, and such conditions may include a time limit for the use to exist or operate.

F.[E].

Revocation of conditional use permits.

1.

Where a conditional use permit has been issued pursuant to provisions of this ordinance, such permit shall become null and void without further action by the planning commission or council unless work thereon commences within one year of the date of granting such conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

2.

In the event that the applicant violates any of the conditions set forth in this permit, the council shall have the authority to revoke the conditional use permit.

Subd. 6. Variances.

A.

Criteria for granting variances. A variance to the provision of this zoning ordinance may be issued by the board of adjustments and appeals to provide relief to the land owner in those cases where this ordinance imposes undue hardship or practical difficulties to the property owner in the use of his land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist:

1.

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property, since the effective date of this ordinance, have had no control.

2.

The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

3.

That the special conditions or circumstances are not a consequence of the petitioners' own action or inaction.

4.

That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other owners of land, structures or buildings within the same district.

5.

That the variance requested is the minimum variance which would alleviate the hardship. Economic considerations alone shall not be considered a hardship.

6.

A variance would not be materially detrimental to the purposes of this ordinance, or to other property in the same zone.

7.

The proposed variance will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

B.

[Restrictions and conditions.] The board of adjustments and appeals may impose such restrictions and conditions upon the premises benefited by the variance as may be necessary to comply with the standards established by this ordinance, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

1.

Time limits may be established.

2.

Variance will become null and void in two years after approval if no substantial action is taken on the property by the owner.

C.

Procedures. The procedures for obtaining a variance from the regulations of this ordinance are as follows:

1.

The property owner or agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form.

2.

The applicant shall file the completed application form together with any exhibits and the required fee with the zoning administrator. Applications for variances must be submitted to the office of the clerk/treasurer no later than 75 days prior to a board of adjustments and appeals meeting.

3.

The zoning administrator shall transmit the application to the board of adjustments and appeals with a copy to the planning commission and shall notify all property owners within 350 feet of the outer boundaries of the property in question of the public hearing.

4.

The planning commission shall study the application and shall make a recommended decision to the board of adjustments and appeals within 60 days of the application [with] one of three actions—approval, denial, or conditional approval.

5.

The board of adjustments and appeals upon conducting the public hearing shall not make any decision until the planning commission has remitted its recommendation within the required period. The board of adjustments and appeals shall make a decision with one of three actions—approval, denial, or conditional approval.

6.

No reapplication by a property owner for a variance shall be submitted to the board of adjustments and appeals within a 12 month period following denial of such request, except that the board of adjustments and appeals may permit a new application if, in the opinion of the board, new evidence or a change of circumstances warrant it.

7.

The council may revoke a variance if any conditions established by the board, as part of granting the variance request, are violated.

Subd. 7. Enforcement.

A.

Enforcing officer. It shall be the duty of the zoning administrator, in cooperation with the building inspector, to cause the provisions of this ordinance to be properly enforced through the proper legal channels.

B.

Building permit.

1.

Hereafter, no person shall erect, alter, remodel, wreck or move any kind of structure or building or part thereof without first securing a building permit.

2.

Applications for commercial, industrial, and multiple dwelling building permits shall be accompanied by a completed application form together with building and site development plans showing buildings, location, dimensional parking and loading arrangement, vehicular and pedestrian access and egress, surface drainage plan, landscaping, utility plan, screening, size and location of all signs, building and floor plans of all floors, elevations of all sides of all buildings, and sections and outline material specifications as appropriate.

3.

Applications for single- and two-family building permits shall be accompanied by a completed application form together with building and site plans.

4.

The enforcing officer may waive, or require additional, submission materials as may be necessary to issue a permit.

C.

Procedure.

1.

Persons requesting a building permit shall fill out a building permit form and site plan application form available from the zoning administrator.

2.

Completed building permit forms shall be submitted to the zoning administrator. Upon review and approval of the building inspector, and if the proposed development conforms in all respects to this ordinance, a building permit shall be issued by the zoning administrator within a period of 60 days upon permit fee payment.

3.

If the proposed development involves a zoning amendment, variance, or conditional use permit, the application, together with a building permit, shall be submitted to the planning commission or board of adjustments and appeals, where applicable, and council for review and appropriate action.

D.

Violation and penalties.

1.

Any person who shall violate or refuse to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor. Violations of any condition of a conditional use permit will result in immediate termination of such permit by the council, following a public hearing. Notice of hearing shall be given by the council to the interested party or parties by certified mail or in lieu thereof, one legal published notice at least ten days before the public hearing date, which notice shall be given by the council within a reasonable time.