Afton City Zoning Code

ADMINISTRATION

§ 153.025 ZONING ADMINISTRATOR; DUTIES.

(A) The Zoning Administrator shall enforce the provisions of this chapter as provided herein.

(B) In addition to the duties and powers of the Zoning Administrator under this chapter, express or implied, he or she shall have the duty and power to:

(1) Issue permits required by this chapter;

(2) Conduct inspections of land, buildings or structures at reasonable times, to determine compliance with and enforce the provisions of this chapter;

(3) Maintain all records necessary for the enforcement of this chapter, including, but not limited to all maps, amendments and conditional use permits, variances, appeal notices and applications therefor;

(4) Receive, file and forward all appeals, notices, applications for variances, conditional use permits or other matters to the appropriate officials or boards; and

(5) Institute in the name of the city, any appropriate actions or proceedings to enforce this chapter.

Action	When Applicable	Property Owner Shall Apply To	Application Approved or Denied By	Appeal Considered By	Public Hearing Required	Reference
Administrative permit	Ensure compliance with more unusual uses or zoning requirements	Zoning Administrator	Review and recommendation by Planning Commission; final approval by City Council	Court	No	§ 153.028
Amendment of zoning ordinance	Petition of property owner or initiative of Planning Commission or City Council	City Administrator	Review and recommendation by Planning Commission; final approval by City Council	Court	Yes	§ 153.029
Building permits	Any proposed construction	Building Official	Building Official or inspector	Court	No	Building Code
Certificate of occupancy	Certifies building or structure meets current codes and can be occupied	Building Official (issued upon completion of structure)	Building Official and Zoning Administrator	Court	No	§ 153.035
Conditional use permit	May allow for uses not normally permitted in a specific zoning district	Zoning Administrator	Review and recommendation by Planning Commission; final approval by City Council	Court	No	§ 153.027
Driveway permit	Prior to application for building permit	Zoning Administrator	Zoning Administrator	Court	No	§ 153.033
Land reclamation and land grading	Moving 50 cubic yards or more of materials and/or disturbance of 1,000 square feet or more of land per lot	Zoning Administrator	Zoning Administrator	Court	No	§§ 153.101, 153.102
Moving permit	Relocating a structure	Zoning Administrator	City Administrator	Court	No	§ 153.031
Septic permit	Prior to application for driveway permit and building permit	Building Official	Building Official	Court	No	Ch. 154
Sign permit	Erection of any sign	Zoning Administrator	See § 153.130	Court	Option of City Council	§ 153.130
Subdivision	Creating new lots	City Administrator	Review and recommendation by Planning Commission; final approval by City Council	Court	Yes	Ch. 160 and § 153.050
Tree or vegetative cutting permit	See Lower St. Croix River Bluffland and Shoreland Management Ordinance, Ch. 157 of this code	Zoning Administration	Zoning Administrator	Court	No	Ch. 157
Variance	Difficulties with dimensional provisions of zoning ordinance	Zoning Administrator	Review and recommendation by Planning Commission; approval by Board of Adjustment and Appeals	Court	Yes	§ 153.026
Zoning ordinance amendment	Petition of property owner or initiative of Planning Commission or City Council	City Administrator	Review and recommendation by Planning Commission; final approval by city	Court	Yes	§ 153.029
*Fees are established from time to time by resolution of the City Council, see § 153.036 of this code

(Prior Code, § 12-76) (Res. 1997-16, passed 6-17-1997; Ord. 8-2005, passed 5-17-2005; Ord. 02-2009, passed 4-21-2009; Ord. 01-2014, passed 5-20-2014)

§ 153.026 APPEALS AND VARIANCES; BOARD OF ADJUSTMENT AND APPEALS.

(A) Board of Appeals and Adjustments hearings.

(1) Appeals to the Board of Appeals and Adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by this chapter. The Board of Appeals and Adjustments has the following powers with respect to this chapter:

(a) To hear and decide 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 chapter; and

(b) To hear requests for variances from the literal provisions of the ordinances in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and to grant variances only when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the Comprehensive Plan. Practical difficulties, as used in connection with the granting of a variance, includes a three-factor test, all three of which must be met in order for a variance to be granted.

1. The property owner proposes to use the property in a reasonable manner not permitted by this chapter.

2. The plight of the landowners is due to circumstances unique to the property not created by the landowner.

3. The variance, if granted, shall not alter the essential character of the locality.

(2) Economic considerations alone shall not constitute practical difficulties if reasonable use for the property exists under the terms of the ordinance. Practical difficulties also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

(3) The Board of Adjustments and Appeals may not permit as a variance any use that is not permitted under the provisions for property in the zone where the affected person’s land is located. Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subdivision 14, as it may be amended from time to time, when in harmony with these provisions.

(4) The Board may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(B) Composition. The City Council shall serve as the Board of Adjustments and Appeals. Any question of whether a particular Board member shall be disqualified from voting upon an issue shall be determined by a majority vote of all members, except the member who is being challenged.

(C) Appeals. An appeal from any order, requirement, decision or determination of any administrative official may be initiated by any person affected thereby, or by any officer, department, board or bureau of the city, county or state within 30 days from the date of any order, requirement, decision or determination by filing with the Zoning Administrator a written notice of appeal.

(1) The notice of appeal shall state:

(a) The particular order, requirement, decision or determination from which the appeal is taken;

(b) The name and address of the appellant;

(d) The relief requested by the appellant.

(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken certifies that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property.

(3) The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit.

(D) Variances.

(1) Application for a variance shall be filed with the Zoning Administrator. The application shall be accompanied by development plans for the proposed use showing the information as may be reasonably required by the Administrator, including but not limited to those items listed below. The plans shall contain sufficient information for the city to determine whether the proposed development shall meet all applicable development standard:

(a) Name and mailing address of the applicant;

(b) The legal property description of the land involved in the request, including the street address, if any, of the property;

(d) Site plan drawn to scale, dimensions indicated, including proposed structure, house, existing accessory buildings, well, septic system (tank and drainfield), adjacent public streets, driveway, lot size and lot dimensions:

1. Distance between existing structures, proposed structures, well and septic system;

2. Setbacks of existing and proposed structures from lot lines, non-buildable easements, public street right-of-way line or centerline, shoreline, bluffline or crest of slope 18% or steeper; and

3. Possible location of any and all detached accessory buildings permitted by this chapter for the property for which the application is being made.

(e) Landscaping and screening plans including species and size of trees and shrubs proposed;

(f) Finished grading and drainage plans sufficient to drain the developed portion of the site and to retain as much run-off on the site as possible;

(g) Type of business or activity and proposed number of employees or occupants;

(h) Proposed floor plan and elevations of all buildings with the use indicated;

(i) Soil type and soil limitations for the intended use: A plan or statement indicating the soil conservation practice or practices to be used to overcome any soil limitation shall be made part of the application;

(j) A location map showing the parcel’s general location within the city;

(k) Proof of ownership of the property for which the application is submitted, consisting of an abstract of title or registered property certificate certified by a licensed abstractor, or a title opinion prepared by an attorney licensed to practice in the state, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership;

(l) An accurate list showing the names and mailing addresses of the record owners of all property located within 500 feet of the property owned by the applicant; and

(m) A complete description of the request for variance including a description of the unique conditions and practical difficulties that make a variance necessary, the sections of the city code from which a variance is requested and the reasons for the variance request.

(2) The Board of Adjustment and Appeals may impose conditions in the granting of a variance which the Board may reasonably determine to be necessary to protect the adjacent properties, preserve the public health, safety and welfare, and comply with the intent and purposes of this chapter and with the Comprehensive Plan. The Board of Adjustment and Appeals may also impose the conditions and requirements as are necessary to ensure compliance with the terms of the variance.

(E) Hearing procedure.

(1) The Zoning Administrator shall, upon the filing of a notice of appeal or an application for a variance, refer the matter to the Board of Adjustment and Appeals and the Planning Commission and establish a time for the hearing thereof by the Board and Commission no less than 15 days after the filing of the notice or application and no more than 45 days after the filing thereof. On variance applications, the Planning Commission shall hold at least one public hearing, affording an opportunity for all parties interested to be heard, and shall give no less than ten days’ nor more than 30 days’ notice of the time and place of the hearing, published in the designated legal newspaper for the city.

(2) The notice shall also contain a description of the land and the requested variance. At least ten days before the hearing, the Zoning Administrator shall mail an identical notice to the owner and to each of the property owners of record for property within 500 feet of the outside boundaries of the land in question. The Planning Commission shall review all requests for variances prior to final action by the Board; a recommendation may be made to the Board for approval, denial or approval with conditions deemed to be in the public interest. The Board of Adjustment and Appeals shall decide any appeal or any application for a variance and issue its order with respect thereto within 30 days from the date of the hearing thereon.

(F) Findings of the Board. The Board of Adjustments and Appeals shall make written findings in any case of an appeal or application for a variance and shall state therein the reasons for its decision.

(1) In addition to meeting the criteria set forth in § 153.026 of this code, the following criteria must be met before a variance may be granted.

(a) The variance, if granted, shall not have a significant adverse effect on the public health, safety, welfare or environment.

(b) The granting of the variance requested shall not confer on the applicant any special privilege that is denied by this chapter to owners of other land, structures or buildings in the same district.

(c) Exceptional or extraordinary circumstances apply to the property which does not apply generally to other properties in the same zoning district or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of the property have had no control.

(d) The literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other property in the same district under the terms of this chapter.

(e) The variance requested is the minimum variance that would alleviate the practical difficulty.

(2) The order issued by the Board of Adjustments and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the appellant or applicant.

(a) A certified copy of any order issued by the Board of Adjustments and Appeals acting upon any appeal from an order, requirement, decision or determination of an administrative officer or upon any application for a variance, shall be filed with the County Recorder.

(b) The filing shall be made by the Zoning Administrator or other agent designated by the Board as soon as is reasonably possible after the filing of the order with the Zoning Administrator.

(G) Finality of decision. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision or determination by an administrative officer or upon an application for a variance shall be final except that any aggrieved person may have any decision or order of the Board reviewed by an appropriate remedy in district court as provided by law.

(H) Time limit for implementing a variance. A variance must be implemented within one year from the date the variance was approved. “Implementing a variance” means that a grading permit (if needed) has been approved, site work has been completed, a building permit has been issued, construction activities have begun and substantial progress has been made toward completion of the project, as determined and verified in writing by the Building Inspector and Zoning Administrator. The implementation time limit may be extended administratively one time, for a period not to exceed one-year, if sufficient progress toward implementation is demonstrated, as determined and verified in writing by the Building Inspector and Zoning Administrator, and if a construction plan and timeline have been provided. In addition, the implementation time limit may be extended one time by the City Council, for a period not to exceed one year, if the need is demonstrated and a clear plan for completion is provided. For complex projects, a time limit for implementing a variance may be established that exceeds two years at the time of the variance approval, if the extended time limit is requested as part of the variance application and is based on a construction timetable that exceeds two years. If an implementation time limit beyond two years is approved, annual monitoring of progress is required. Any variance not implemented within one year of the date of approval, or within an approved extension is considered to be expired and must be reapplied for and is subject to any amendment to this chapter and any new conditions the Council to ensure compliance with the terms of the variance.

(I) Variances to impervious coverage in VHS-C and VHS-R Districts.

(1) Based on the findings listed below, the city has determined that a variance to exceed 20% impervious surface as required per the Department of Natural Resources Lower St. Croix River Bluffland and Shoreland District is acceptable in the VHS-C and VHS-R Districts subject to meeting the requirements of § 153.051 of this code, including the review and comment of the Department of Natural Resources.

(a) The properties in the VHS-C and VHS-R Districts are constrained in lot size.

(b) A precedent has been set that a maximum of 20% impervious coverage prohibits reasonable use within the district.

(c) The conditions of § 153.051 of this code allow for adequate review and improved protection from erosion concerns, groundwater contamination and surface water discharge.

(d) The city is required to adhere to and enforce the Lower St. Croix River Bluffland and Shoreland regulations.

(Prior Code, § 12-77) (Ord. 1997-10, passed 5-19-1998; Ord. 02-2009, passed 4-21-2009; Ord. 2004-17, passed 12-21-2004; Ord. 02-2014, passed 5-20-2014; Ord. 01-2022, passed 5-17-2022) Penalty, see § 153.999

§ 153.027 CONDITIONAL USE PERMITS.

(A) Purpose. The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all other factors the city shall deem a prerequisite of consideration in determining the effect of the general welfare, public health and safety. Conditional use permits may be granted in accordance with this subdivision for any use or purpose listed as a conditional use for the zoning districts per § 153.053 of this code.

(B) Application. Requests for conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a deposit and fee per the city’s current fee schedule. The application shall also include development plans for the proposed use showing information as may be reasonably required by the Administrator, including but not limited to the following:

(1) Name and mailing address of the applicant;

(2) The legal property description of the land involved in the request, including the street address, if any, of the property;

(3) The names and mailing addresses of the owners of the property and any other persons having a legal interest therein;

(4) Site plan drawn to scale, dimensions indicated, including: proposed structure, house, existing accessory buildings, well, septic system (tank and drainfield), adjacent public streets, driveway, lot size and lot dimensions:

(a) Distance between existing structures, proposed structures, well and septic system;

(b) Setbacks of existing and proposed structures from: Lot lines, non-buildable easements, public street right-of-way line or centerline, shoreland, bluffline or crest of slope 18% or steeper; and

(c) Possible location of any and all detached accessory buildings permitted by this chapter for the property for which the application is being made.

(5) Landscaping and screening plans including species and size of trees and shrubs proposed;

(6) Finished grading and drainage plans sufficient to drain the developed portion of the site and to retain as much run-off on the site as possible;

(7) Type of business or activity and proposed number of employees or occupants;

(8) Proposed floor plan and elevations of all buildings with use indicated;

(9) Photometric lighting plan;

(10) Soil type and soil limitations for the intended use: A plan or statement indication the soil conservation practice or practices to be used to overcome any soil limitation shall be made part of the application;

(11) A location map showing the parcels general location within the city;

(12) Proof of ownership of the property for which the application is submitted, consisting of an abstract of title or registered property certificate certified by a licensed abstractor, or a title opinion prepared by an attorney licensed to practice in the state, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership; and

(13) An accurate list showing the names and mailing addresses of the recorded owner of all property within a minimum of 500 feet of the boundaries of the property for which the application is submitted, the accuracy of which is verified by the applicant.

(C) Staff review/technical procedure reports. Upon receipt of an application for a conditional use permit, the Zoning Administrator shall refer the request to appropriate staff to ensure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.

(D) Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next regularly scheduled Planning Commission meeting occurring at least ten working days from the date as a notice of the hearing is published in the official newspaper. The notice shall contain a legal property description and description of the request, and shall be published no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property in question. Failure of the property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter.

(E) Planning Commission action. The Planning Commission shall conduct the public hearing at which time the applicant or a representative thereof shall appear to answer questions concerning the proposed request.

(1) The Planning Commission shall consider possible adverse effects of the proposed conditional use permit. Its judgment shall be based upon (but not limited to) the following factors:

(a) The proposed action has been considered in relation to the specific policies and provision of and has been found to be consistent with the official city Comprehensive Plan;

(b) The proposed use is or shall be compatible with present and future land uses of the surrounding area;

(d) The proposed use conforms with all performance standards contained herein.

(2) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relations to all pertinent sections of this code.

(3) The Planning Commission shall make a recommendation for either denial or approval with conditions as they deem necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written recommendation of the Planning Commission shall be forwarded to the Zoning Administrator for referral to the City Council.

(F) Referral to City Council. Upon receipt of the Planning Commission report and recommendation, or within 60 days of receipt of a complete application, unless the review period of the application is extended pursuant to M.S. § 15.99, as it may be amended from time to time, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the City Council.

(G) City Council action. Upon receiving the request and any report and recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact.

(1) Approval of a proposed conditional use permit shall require passage by a majority vote of all members of the City Council.

(2) In the case of a conditional use permit, the City Council may impose any condition it considers necessary to protect the public health, safety and welfare.

(3) A certified copy of any conditional use permit issued by the City Council shall be filed with the County Recorder. The filing shall be made by the Zoning Administrator or other agent designated by the City Council as soon as is reasonably possible after the filing of the conditional use permit with the Zoning Administrator. The cost of the filing with the County Recorder shall be borne by the applicant.

(4) Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial, unless a decision to reconsider the matter is made by not less than a majority vote of the full City Council.

(H) Performance bond.

(1) Except in the case of a non-income producing residential property, upon approval of a conditional use permit the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall be non-cancelable and shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the city.

(2) The security shall be in the amount of 125% of the total cost of the site improvements to be installed by the applicant pursuant to the conditional use permit.

(3) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the Building Official.

(4) Failure to comply with the conditional use permit or the ordinances of the city shall result in forfeiture of the security.

(I) Conditional use permit amendments. Any change involving structural alteration, enlargement, intensification of use or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and shall procedures shall apply as if a new permit where being issues. An amended conditional use permit application and requests for changes in conditions shall be administered in a manner similar to that required for a conditional use permit.

(J) Revocation. If an approved conditional use permit is in violation of this chapter or the conditions of permit approval, the city may initiate a process to revoke the conditional use permit. The city shall then conduct a public hearing to consider the revocation of a conditional use permit. The public hearing shall be conducted by the Planning Commission, which shall make a recommendation to the City Council. In considering revocation, the Planning Commission and the City Council shall consider compliance with the approved conditions of the conditional use permit and the standards listed in division (E) above.

(Prior Code, § 12-78) (Ord. 2004-16, passed 12-21-2004; Ord. 02-2009, passed 4-21-2009) Penalty, see § 153.999

§ 153.028 ADMINISTRATIVE PERMIT.

(A) Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matter requiring the approvals of the Zoning Administrator with the goal of protecting the health, safety and welfare of the citizens of the city.

(B) Application. Requests for administrative permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a deposit and fee per the city’s current fee schedule. The application shall also include the information required below, however, the Zoning Administrator may waive submission information not deemed necessary for the administrative review:

(1) Name and mailing address of the applicant;

(2) The legal property description of the land involved in the request, including the street address, if any, of the property;

(3) The names and mailing addresses of the owners of the property and any other persons having a legal interest therein;

(4) Site plan drawn to scale, dimensions indicated, including proposed structure, house, existing accessory buildings, well, septic system (tank and drainfield), adjacent public streets, driveway, location of existing and proposed utility lines, lot size and lot dimensions:

(a) Distance between existing structures, proposed structures, well and septic system;

(b) Setbacks of existing and proposed structures from lot lines, non-buildable easements, public street right-of-way line or centerline, shoreline, bluffline or crest of slope 18% or steeper; and

(c) Possible location of any and all detached accessory buildings permitted by this chapter for the property for which the application is being made.

(5) Landscaping and screening plans including species and size of trees and shrubs proposed;

(6) Finished grading and drainage plans sufficient to drain the developed portion of the site and to retain as much run-off on the site as possible;

(7) Type of business or activity and proposed number of employees or occupants;

(8) Proposed floor plan and elevations of all buildings with use indicated;

(9) Photometric lighting plan;

(10) Soil type and soil limitations for the intended use: A plan or statement indicating the soil conservation practice or practices to be used to overcome any soil limitation shall be made part of the application;

(11) A location map showing the parcel’s general location within the city;

(C) Administrative action. The Zoning Administrator shall make a determination on approval or denial of the administrative permit within 60 days from the date of submission of a complete application unless the review is extended as allowed by M.S. § 15.99, as it may be amended from time to time.

(D) Review criteria. The Zoning Administrator shall consider possible adverse effects of the proposed administrative permit. This decision shall be based upon (but not limited to) the following factors.

(1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the city’s Comprehensive Plan.

(2) The proposed use is or shall be compatible with present and future land uses of the area.

(3) The proposed use conforms with all performance standards contained herein.

(4) The use, event or activity is allowed by administrative permit and conforms to the applicable standards outlined in the zoning district in which the use, event or activity is proposed.

(E) Approval report. A written report or letter of approval shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances and the standards of this chapter shall be attached to the permit or letter.

(F) Non-compliance. Determination of non-compliance with applicable codes, ordinances and the standards in this chapter shall be communicated to the applicant in writing and the application of the permit shall be considered denied; unless, within ten days of the date of the notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance.

(G) Disputes. Unresolved disputes as to administrative application of the requirements of this chapter shall be subject to appeal to the City Council.

(H) Administration and enforcement.

(1) The Zoning Administrator shall keep a record of applications and administrative permits or approvals.

(2) A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator.

(3) (a) Enforcement of the provisions of this chapter shall be in accordance with § 153.009 of this code.

(b) Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications.

(Prior Code, § 12-79) (Ord. 2004-16, passed 12-21-2004; Ord. 02-2009, passed 4-21-2009) Penalty, see § 153.999

§ 153.029 AMENDMENTS AND REZONINGS.

(A) Initiation. An amendment to this chapter may be initiated by the City Council, the Planning Commission or by petition of affected property owners as defined herein. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report, as hereinafter provided, and may not be acted upon by the Council until it has received the recommendation of the Planning Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the Planning Commission.

(B) Records. The City Administrator shall maintain a record of all applications for amendments to this chapter.

(C) Application. Where an amendment to this chapter is proposed by a property owner, an application therefor shall be filed with the City Administrator; the application shall be accompanied by development plans, if any, for the use which requires the rezoning.

(1) The plans shall contain sufficient information for the city to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the Comprehensive Plan.

(2) The development plans shall show the information as may be reasonably required by the Administrator, including but not limited to the following:

(a) Site plan drawn to scale showing the parcel, building dimensions and topography;

(b) Location of all buildings and their sizes;

(d) Landscaping and screening plans including species and size of trees and shrubs proposed;

(e) Finished grading and drainage plan sufficient to drain the developed portion of the site and to retain as much run-off on the site as possible;

(f) Type of business or activity and proposed number of employees or occupants;

(g) Proposed floor plan and elevations of all buildings with the use indicated;

(h) Location of on-site sewage treatment system and well with the estimated flow rates;

(i) Soil type and soil limitations for the intended use: A plan or statement indicating the soil conservation practice or practice to be used to overcome any soil limitation shall be made part of the application;

(j) A location map showing the parcel’s general location within the city;

(k) A map showing all principal land use within 500 feet of the parcel for which the application is being made;

(l) Proof of ownership of the property for which the amendment or rezoning is requested, consisting of an abstract of title or registered property certificate certified by a licensed abstractor, or a title opinion prepared by an attorney licensed to practice in the state, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership; and

(m) An accurate list of the names and mailing addresses of the record owners of all property within a minimum of 500 feet of the boundaries of the property for which the amendment or rezoning is sought, verified as to accuracy by the applicant.

(D) Hearing. The City Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting; provided however, if the next regular meeting of the Planning Commission is within seven days of the date of filing, then the consideration may be at the second regular meeting after the filing.

(1) At that meeting, the Planning Commission shall set a date for a public hearing on the application. The public hearing shall be not more than 60 days after the date of filing of the application with the City Administrator.

(2) Notice of the purpose, time and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application, and other persons as the Planning Commission may direct at least ten days prior to the date of the hearing.

(3) A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the record of the proceedings. The failure to give mailed notice to individual property owners, or defects in notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

(3) The applicant or his or her representative shall appear at the public hearing to answer questions concerning the proposal.

(E) Planning Commission report. The Planning Commission shall make its report on the application to the Council, in writing, within 60 days after the public hearing, unless the applicant consents to extended consideration by the Planning Commission. The report shall recommend that the amendment or rezoning be granted or denied and shall include the Planning Commission’s recommendation as to any conditions to be imposed if the amendment or rezoning is granted, including time limits or provisions for periodic review and shall state the reasons therefor.

(1) The Planning Commission’s report shall be filed with the City Administrator who shall refer the same to the Council for consideration at its next regular meeting; provided however, if the next regular meeting of the Council is within seven days of the date of filing, then the consideration may be at the second regular meeting after the filing. At the same time, the City Administrator shall mail to the applicant a copy of the Planning Commission’s report and a notice of the time and place of the meeting at which the report shall be considered by the Council.

(2) If the Planning Commission fails to file a report with the City Administrator within the time provided by this section, the application shall be referred to the Council as herein provided, without report, after the time for filing the report has expired. Minutes of the public hearing and its regular meeting may be used by the Planning Commission as its report.

(F) Council action on application. The Council shall make its decision on the application within 60 days of the filing of the Planning Commission’s report with the City Administrator or after the last day for filing same, if no report is filed.

(1) The Council shall make written findings and shall state therein the reasons for its decision. Any order shall be filed with the City Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the applicant.

(2) If the order directs amendment of this chapter, the City Administrator shall refer the order to the City Attorney to prepare an amendment of this chapter as provided by law.

(3) Any amendment must be approved by a two-thirds’ vote of the members of the City Council.

(G) Reapplication. No reapplication for zoning amendment or rezoning shall be resubmitted for a period of six months from the date of the denial of a previous application.

(H) Zoning and the Comprehensive Plan. Any amendment to this chapter or rezoning shall amend the Comprehensive Plan in accordance therewith. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan shall or shall not be amended.

(I) Public hearing. Prior to approval of any rezoning or amendment of this chapter that does not conform to the Comprehensive Plan, a public hearing shall be conducted by the Planning Commission and the results noted in the minutes of the official proceedings. The public hearing required for the rezoning or amendment may also serve as the public hearing for an amendment to the Comprehensive Plan.

(J) Agreement with Comprehensive Plan. In granting or recommending any rezoning provided for in this chapter, the Planning Commission and Council shall find that the proposed development conforms substantially to the policies, goals and standards of the Comprehensive Plan.

(Prior Code, § 12-80) (Res. 1997-18, passed 6-17-1997; Ord. 97-45, passed 11-13-2001; Ord. 02-2009, passed 4-21-2009)

§ 153.030 BUILDING PERMITS AND THE BUILDING CODE.

(A) No structure shall hereinafter be erected or structurally altered until a building permit shall have been issued, indicating that the existing or proposed structure and the use of the land comply with this chapter and all Building Codes.

(B) No building permit shall be required for normal maintenance such as painting and other similar improvements, which do not involve structural changes to the building, with the exception of the installation of siding, windows and doors for which the International Residential Code (IRC) requires a building permit.

(C) No site preparation work, including rough grading, driveway construction, footing excavation, tree removal or other physical changes to the site shall occur prior to the issuance of a building permit and any zoning permits as required by this chapter.

(D) Applications for permits as required by this section shall be made to the Building Official. The Building Official shall maintain a record of all applications for and all permits issued under this section.

(E) Application for a building permit shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon; the size and location of the building, utilities including on-site septic systems and accessory buildings to be erected; the vegetation and major topographic changes; drawings of the improvement in sufficient detail to allow checking against the Building Code; and other information as the Building Official may reasonably require to determine compliance with this chapter and the Building Code. The Building Official may require a certificate of survey before a building permit will be issued.

(F) No building permit shall be issued for any improvement which would result in a use, building or structure violation of this chapter, or Ch. 150, 154, 156, 157, 159, 160, 161 and 162 of this code or other city ordinances.

(G) The work for which a building permit is issued shall commence within 180 days after the date thereof, unless an application for an extension of 90 days has been submitted to the Building Official and approved by him or her.

(H) Permits issued by the Building Official under the provisions of this section and the Building Code shall expire and be null and void if the work authorized by a permit is abandoned or suspended for a period of 180 days or if work is not commenced or completed within the time limitations of division (G) above.

(I) A building permit for new construction shall not be issued for a lot which either does not meet the minimum area of acceptable soils for on-site sewage disposal and treatment or does not have enough acceptable soils within the lot or under legal contract to construct at least two complete septic drainfield systems.

(J) The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this chapter and the Building Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any city ordinance, regulation or code.

(Prior Code, § 12-81) (Res. 1997-18, passed 6-17-1997; Ord. 1997-20, passed 4-20-1999; Ord. 07-2012, passed 12-18-2012) Penalty, see § 153.999

§ 153.031 MOVING PERMITS AND RELOCATED STRUCTURES.

(A) Before any building or structure which has been wholly or partially erected on any premises, located either within or outside of the city, can be moved to and be placed upon any other premises in this city, a building permit shall be obtained. The applicant shall submit along with the application for a building permit:

(1) Photographs taken from two or more angles of the structure to be moved;

(2) Photographs of the lots on which the structure is to be located; and

(3) Photographs of adjacent lots and structures.

(B) Any building or structure shall conform to all the provisions of this chapter and the Building Code in the same manner as a new building or structure. These requirements do not apply to construction sheds, agricultural buildings or temporary structures to be located on a lot for 12 months or less. If the City Administrator concurs with the Building Official that a building or structure would depreciate or otherwise be incompatible with the area into which it is to be moved, it may withhold issuance of a permit for the relocation. If the City Council grants a moving permit, it may impose conditions as it deems to be in the public interest.

(Prior Code, § 12-82) (Res. 1997-18, passed 6-17-1997)

§ 153.032 SEPTIC PERMITS.

(A) No building permit for any use requiring on-site sewage treatment and disposal shall be issued until a septic permit has first been issued by the Building Official.

(B) A septic permit shall be issued only after proof is furnished by the applicant that a suitable on-site sewage treatment and disposal system can be installed on the applicant’s lot. In the Historic Village Septic Treatment Service Area, no new permits shall be issued for individual septic treatment systems. All septic systems shall conform to all of the requirements of Ch. 154 of this code.

(C) Not withstanding the procedures and regulations specified in § 154.03 of this code, existing on-site sewage treatment systems shall be evaluated to determine location, condition and function, and shall be brought into conformance with this chapter and Ch. 154 of this code when:

(1) An application for a building permit for construction of an addition onto the principal structure or a structural alteration of the principal structure is submitted to and approved by the Building Official;

(2) The use of a structure or property changes;

(3) A conditional use permit for a duplex is granted by the City Council;

(4) The Building Official deems it necessary to upgrade the existing system, based upon evidence of the system failing to function properly, failing to adequately treat sewage or otherwise posing a hazard to the public health; or

(5) Upon sale or transfer of the property.

(D) Notwithstanding the provisions specified in §§ 154.03 and 154.04 of this code, when an existing nonconforming septic system is required to be upgraded according to § 153.032 of this code, the new on-site sewage treatment system shall be installed prior to the issuance of a building permit unless a financial guarantee equal to 125% of the cost of installing such a system and is valid for one year is issued to the city.

(Prior Code, § 12-83) (Res. 1997-18, passed 6-17-1997; Ord. 1997-10, passed 5-19-1998; Ord. 04-2015, passed 9-15-2015)

§ 153.033 DRIVEWAY ACCESS PERMITS AND STANDARDS.

(A) Access required. All lots or parcels shall have direct adequate physical access for emergency or public safety vehicles along the frontage of the lot or parcel from either an existing improved city street or an existing private road approved by the city. In addition to the required direct physical access, a lot or parcel may have a private easement access driveway to the lot over adjacent lots or parcels.

(B) Permit required. Construction or alteration of all driveways onto city streets, approved private roads, county roads and state roads shall require a driveway access permit. All driveways onto a street designated as a state highway shall require an access permit from the state. All driveways onto a street designated as an approved private road or city street shall require an access permit from the City Engineer. All driveways onto a county road shall require an access permit from the county’s Highway Department and must meet all county regulations. A performance deposit shall be required as per the city ordinance.

(C) Permit application. All applications for a city driveway permit shall be submitted to the Zoning Administrator. Applications shall include:

(1) Application for driveway permit;

(2) A site plan drawn to scale including, but not limited to, the following information: Proposed location of driveway, all structures on the lot, septic system drainfield, well and major topographic features;

(3) Financial guarantee; and

(4) Copy of an issued county or state access permit if required.

(D) Driveway design standards.

(1) All driveways and all related applications shall indicate that the proposed driveway meets the following standards:

	Residential Uses	Commercial and Industrial Uses
Culverts	Size and type to be determined by the Zoning Administrator as per engineering standards. Aprons or an alternative as per engineering standards shall be required
Maximum grade in right-of-way	3%	3%
Maximum side	4:1, but slopes as steep as 3:1 may be allowed in an area of fill subject to approval of the City Engineer. Where existing slopes are steeper than 3:1, a driveway may be permitted upon compliance with a stabilization plan prepared by a registered professional engineer to the satisfaction of the City Engineer	4:1
Maximum slope	12%, but driveways with slopes greater than 10% must have bituminous surface	8%
Maximum turning radius onto street	15 feet	40 feet
Maximum width	22 feet	As determined by the city
Minimum clearance each side of centerline	6 feet, but if less 10 feet bituminous surface may be required by City Engineer	10 feet
Minimum driveway angle in right-of-way	60 degrees to 90 degrees	60 degrees to 90 degrees
Minimum lot line setback	10 feet	10 feet
Minimum setback from intersection of two or more rights-of-way	60 feet (20 feet in VHS)	60 feet
Minimum setback from principal structure	3 feet	5 feet
Minimum turning radius onto street	5 feet	10 feet
Minimum vertical	12 feet	12 feet clearance
Minimum width	12 feet	16 feet
Minimum width in right-of-way	16 feet	As determined by the Zoning Administrator
Surface strength	Minimum of 6 inches class V gravel or its equivalent as determined by the City Engineer

(2) All applications for a driveway permit that do not meet these minimum standards shall submit any additional information as may be required by the Zoning Administrator.

(E) Turnaround. All residential structures set back more than 150 feet from the centerline of the fronting city street or approved private road shall provide a turnaround in the driveway near the principal structure. The turnaround area shall be a minimum of 40 feet by 50 feet, have a minimum turning radius of 45 feet if a cul-de-sac, or be a design approved by the Zoning Administrator. All turnarounds shall have the same surface strength as required for the driveway.

(F) Permit issuance restricted. No building or septic permit shall be issued for a particular parcel of property until a driveway permit has been approved or issued.

(G) Conformity of work. Before any site preparation work is done, that part of the driveway located in the street right-of-way shall be constructed according to the permit.

(H) Number and type. The number and types of driveways onto city streets may be controlled and limited in the interests of public safety and efficient traffic flow as determined by the Zoning Administrator.

(I) Change of use. Upon a change in land use or a major change in the traffic pattern of the existing use, existing driveways are not automatically perpetuated and a new driveway application may be required.

(J) Financial guarantee. To assure compliance with this chapter and the conditions of any driveway permit, the Zoning Administrator may require a financial guarantee from each applicant. The financial guarantee may be in the form of a performance bond, irrevocable letter of credit or escrow deposit as regulated in other sections of this chapter. The amount of the financial guarantee shall be equal to 125% of the estimated cost of the construction of the driveway, or an amount determined by the Zoning Administrator. A financial guarantee shall be released to the applicant upon satisfactory completion of the driveway installation according to this chapter and any conditions of the driveway permit.

(K) Typical driveway cross-section.

(L) Typical driveway profile.

(M) Review and approval.

(1) The City Engineer shall review and approve driveway plans that have greater than a 10% grade, provide less than a 16-foot clearance, and have less than a 4:1 side slope. The City Engineer shall determine if the plans must be prepared by a registered professional engineer and if a financial guarantee in the amount of 125% of the cost of construction of the driveway and stabilization of the slopes must be posted with the city.

(2) A financial guarantee valid for one year following completion may be required for erosion control and slope stabilization. Soil conservation service and Watershed District approval (where applicable) shall be required.

(3) The applicant shall be responsible for all costs incurred by the city for review of the plans, inspection, as well as preparation of any legal documents required for approval.

(Prior Code, § 12-84) (Res. 1997-16, passed 6-17-1997)

Cross-reference:

Streets and Sidewalks, Ch. 151

§ 153.034 FARM SITE PLAN PERMITS.

(A) Agricultural buildings and/or structures, as defined in M.S. § 326B.103, as it may be amended from time to time, on parcels of 20 and more acres shall require a farm site plan permit to be issued by the Zoning Administrator.

(B) An application for a farm site plan permit shall include but not be limited to the following:

(1) Location of all existing structures on the property;

(2) Dimensions of existing structures;

(3) Use of existing structures;

(4) Location of driveway, well, septic tank and septic drainfield;

(5) Location of proposed structure;

(6) Dimensions of proposed structure;

(7) Use of proposed structure;

(8) Setbacks of all existing and proposed structures from lot lines, street, slopes exceeding 18%, drainage courses, wetlands and bodies of waters; and

(9) Any other information as may be required by the Zoning Administrator.

(Prior Code, § 12-86) (Ord. 12-2005, passed 9-20-2005)

§ 153.035 CERTIFICATE OF OCCUPANCY.

(A) No person may change the use of any land except for agricultural purposes or for the construction of essential services and transmission lines, or occupy a new or structurally altered building used for nonagricultural use after the effective date of the ordinance from which this chapter was derived, unless he or she has first obtained a certificate of occupancy.

(B) (1) Application for a certificate of occupancy for a new building or for an existing building which has been so altered may be filed with the Building Official any time after the application for a building permit for the building.

(2) The certificate of occupancy shall be issued within ten days after the construction or alteration of the building or part thereof has been completed in conformity with the provisions of this chapter and the Building Code.

(3) Pending the issuance of the certificate, a temporary certificate of occupancy may be issued, subject to the provisions of the Building Code for a period not to exceed 12 months during the completion of the erection or the alteration of a building. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter except under the restrictions and provisions as shall adequately ensure the safety of the occupants.

(4) The use of any structure for which a building permit is required shall be considered a violation of this chapter unless a certificate of occupancy has been issued.

(C) Application for a certificate of occupancy for a new use of land shall be made to the Building Official before any land shall be so used. The certificate shall be issued within ten days after this application if the use is in conformity with the provisions of this chapter.

(D) A record of all applications for and certificates of occupancy shall be kept on file.

(Prior Code, 12-87) Penalty, see § 153.999

§ 153.036 FEES.

There shall be an application fee for all applications made pursuant to the provisions of this chapter and other city ordinances as set by resolution from time to time by the City Council.

(Prior Code, § 12-88)

§ 153.037 ENVIRONMENTAL ASSESSMENT WORKSHEETS (EAW) AND ENVIRONMENTAL IMPACT STATEMENTS (EIS).

(A) No zoning use permit, building permit, structure or land use, variance or ordinance amendment shall be approved prior to review by the Zoning Administrator to determine the necessity for completion of an EAW as required by the Environmental Quality Board (EQB) environmental review program, Minn. Rules parts 4410.1000 through 4410.1700.

(B) The purpose of an EAW is to assess rapidly, in a worksheet format, whether a proposed action is a major action with the potential for significant environmental affects, or in the case of a private action, whether it is of more than local significance.

(1) Construction of a new or expansion of an existing industrial or commercial facility equal to or in excess of 100,000 square feet of gross floor area;

(2) Development of a facility for the extraction or mining of sand, gravel, stone or other nonmetallic minerals which shall excavate 40 or more acres of land to a mean depth of ten or more feet during its existence;

(3) Construction of a permanent or potentially permanent residential development of 50 or more unattached dwelling units;

(4) Construction of a street on a new location over one mile in length that shall function as a collector;

(5) Construction of additional travel lanes on an existing street for a length of one or more miles;

(6) The addition of one or more new interchanges to a completed limited-access highway;

(7) Construction or cumulative expansion of a marina or harbor project which results in a total of 20,000 or more square feet of temporary or permanent water surface area used for docks, docking or maneuvering of watercraft;

(8) The diversion or channelization of a designated trout stream or a natural watercourse with a total watershed of ten or more square miles;

(9) Actions that shall change or diminish the course, current or cross-section of one acre or more of any protected water or protected wetland;

(10) Actions that shall change or diminish the course, current or cross-section of 40% or more or five or more acres of a Type 3 through Type 8 wetland (as defined in United States Department of Interior, Fish and Wildlife Service, Circular 39, Wetlands of the United States, 1956, excluding protected wetlands, if any part of the wetland is within a shoreland area, delineated floodplain or a state or federally designated Wild and Scenic River District;

(11) Actions resulting in the conversion of 640 or more acres of forest or naturally vegetated land to a different open space land use;

(12) Actions resulting in the permanent conversion of 80 or more acres of agricultural, forest or naturally vegetated land to a more intensive, developed land use;

(13) The construction of an animal feedlot facility with a capacity of 1,000 animal units or more or the expansion of an existing facility by 1,000 or more animal units; and

(14) Destruction of a property that is listed on the National Register of Historic Places.

(D) An optional EAW may be required by the Zoning Administrator or City Council if it determines that because of the nature or location of any proposed action or development, the action or development may have the potential for significant adverse environmental effects.

(E) As part of any permit approval, the city shall require the applicant to submit an EAW to any governmental unit that might require one for the particular proposed use or action.

(F) Those activities listed in 6 MCAR § 3.041 shall be exempt from these regulations.

(G) (1) Prior to or together with any application for a permit or other form of approval for an activity, the proposer shall prepare an EAW of the action’s environmental effects, reasonable alternatives to the project and measures for mitigating the adverse environmental effects. Blank EAW forms shall be available from the Zoning Administrator and the City Administrator. The proposer shall submit the completed EAW to the Zoning Administrator. The Zoning Administrator shall review the EAW and determine the adequacy of the document. The Zoning Administrator shall use the standards of the state’s environmental review program rules in its determination of adequacy. If the Zoning Administrator determines the document is inadequate, he or she shall return the document to the proposer to correct the inadequacies.

(2) The preparation of an EAW must be done by a consultant with the credentials required by state statutes and/or administrative rules and the consultant must be approved by the city. The consultant shall meet with the Zoning Administrator and the city’s engineering consultant prior to the preparation of the EAW to confirm the credentials of the consultant and to identify the key elements of the EAW as it relates to the specific proposed project and the key information to be provided in the EAW.

(H) The Zoning Administrator shall submit a copy of the EAW to the Planning Commission and City Council members, to any person upon request, to any local unit of government that might be affected by the proposal and to the EQB. The EQB shall publish notice of the availability of the EAW in the EQB Monitor. The Zoning Administrator shall also publish a release in the official newspaper stating the name and location of the action, a brief description of the activity, the location at which copies of the EAW are available for review, the date the comment period expires and the procedures for commenting.

(1) The Planning Commission shall review the EAW at its next regularly scheduled meeting after the Zoning Administrator accepts the EAW from the proposer. The Planning Commission shall recommend to the City Council whether or not there are significant environmental effects from the project to require the preparation of an EIS.

(2) Comments on the EAW shall be submitted to the Zoning Administrator within 30 days following the publication of the notice of availability in the EQB Monitor. The Planning Commission may hold a public hearing to receive comments on the EAW if it determines that a hearing is necessary or useful. The hearing may be combined with any other meeting or hearing for a permit or other approval for the project. Public notice of the hearing shall be published as required in § 153.027 of this code.

(I) The City Council shall decide whether or not an EIS must be filed according to its review of the EAW no later than 60 days after the publication of the notice of availability in the EQB Monitor. The City Council shall, whenever practicable and consistent with other ordinances and regulations, require that mitigation measures identified in the analysis be incorporated in the project’s design and construction. The City Council shall notify the EQB and all persons and governmental units that commented on the EAW of its decision within ten days.

(J) If preparation of an EIS is required, the proposer shall follow the procedure outlined in the state’s environmental review program rules.

(K) Any proposed project or use for which an EIS is required shall be considered a conditional use permit as defined in this chapter and shall comply with the procedure for approval of a conditional use permit.

(L) Time delays in the normal permit process caused by the filing and review of an EAW and/or EIS shall not be considered part of the permit approval time requirements within this chapter. Delays shall be considered as additional required time for each required permit. The permit process for the proposed project may be continued from the point it was interrupted by the EAW/EIS process.

(M) Any applicant shall reimburse the city prior to the issuance of any permits, for all reasonable costs, including legal and consulting fees, incurred by the city in review of the applicant’s project and its impact on the community.

(N) The applicant shall deposit with the city from time to time an amount determined by the Zoning Administrator, necessary to cover the costs prior to commencement of the review or stage of the review. The applicant shall reimburse the security fund for any deficits caused if the amount actually expended or billed to the city by the consultants exceeds the security fund balance. The city shall refund any money deposited in the security fund and not expended within 30 days after final action on the application. The city shall not pay interest on security funds.

(Prior Code, § 12-89) (Res. 1997-16, passed 6-17-1997; Ord. 01-2020, passed 1-21-2020)