Aitkin City Zoning Code

ADMINISTRATION

§ 152.265 ZONING ADMINISTRATOR.

(A) The Zoning Administrator shall be appointed by the City Council.

(B) Duties and responsibilities of the Zoning Administrator:

(1) Determine if applications are complete and comply with the terms of this chapter;

(2) Direct or conduct inspections of sewage systems and other uses of the land to determine compliance with the terms of this chapter;

(3) Maintain permanent and current records of this chapter including, but not limited to, maps, amendments, zoning or use permits, conditional use permits, variances, subdivisions, appeals and applications, and a separate file for future conditions or expiration of permits;

(4) Review, file and forward applications for appeals, variances, conditional uses, subdivisions and zoning amendments;

(5) To review and approve all metes and bounds property divisions within the city that results in parcels that are greater than ten acres;

(6) Enforce the provisions of this chapter by reviewing complaints and by pursuing contacts with any violator in accordance with standard procedures as adopted and modified from time to time;

(7) Mail notices relative to public hearings for variances, conditional uses and zoning changes;

(8) Under the direction of the Chairperson of the Planning Commission, prepare and distribute meeting agendas at least one week prior to the meeting;

(9) Attend meetings and provide research and findings to the Board of Adjustment/Planning Commission;

(10) Issue approved building permits and zoning permits upon application for structures on lots conforming to this chapter when the conditions of this chapter are met; to issue conditional use permits when directed by the Planning Commission; to issue variances when directed by the Board of Adjustment; to issue notices of a zoning change when directed by the City Council;

(11) To mail a copy of the findings to applicants;

(12) To file copies of conditional use permits, zoning map amendments and variances with the County Recorder;

(13) To communicate with the DNR where required by this chapter or state law;

(14) To ensure that the City Council, Planning Commission and Board Adjustment review land use applications or public hearing applications as prescribed by state statutes;

(15) To conduct periodic and final inspections of property subject to conditions of approval relating to variances, conditional use permits and other land use applications every two years;

(16) To issue land use certificates of compliance; and

(17) Keep the city up to date with regards to changes in state and county land use regulations.

(1) To maintain a record of elevation of the lowest floor (including basement) and the elevation to which structures are flood-proofed for all new structures and alterations or additions to structures within the floodplain;

(2) To notify adjacent communities, the Commissioner of the Department of Natural Resources and the Chicago Regional Office of the Federal Emergency Management Agency of any proposed alteration or relocation of a watercourse or bed of a public water;

(3) To notify the Chicago Office of the Federal Emergency Management Agency when any physical changes increase or decrease the 100-year flood elevation as soon as practicable after any supporting information indicating the change is made available; and

(4) (a) Floodplain designation; restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.

(b) Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.

(c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 152.056(B)(3) of this chapter.

(Ord. 332, passed 5-19-2008)

§ 152.266 BOARD OF ADJUSTMENT.

(A) The Board of Adjustment shall consist of the members of the Planning Commission, and shall hold its meetings concurrently with the Planning Commission meeting on an as-needed basis at the discretion of the Chairperson. The Chairperson and Vice-Chairperson of the Planning Commission shall have the same duties on the Board of Adjustment.

(B) Duties and responsibilities of the Board of Adjustment are:

(1) To consider appeals from the action of the Zoning Administrator wherein the Board will take the authority of the Administrator;

(2) To hold hearings on variances after proper public notice in the official newspaper and individual notice by regular mail to any property owners within a minimum of 350 feet distance of any variance in question. The notice shall be given at least ten days before the hearing date;

(3) To approve or deny variances within the required time frame and develop findings to justify the action; and

(4) To keep a record of its proceedings, notifications and justifications for its actions.

(Ord. 332, passed 5-19-2008)

§ 152.267 PLANNING COMMISSION.

(A) Organization of the Planning Commission.

(1) The Planning Commission shall consist of six members appointed by the City Council; four members of the general public; one member of the City Council; and one alternate member. The alternate member shall be a non-voting member unless a regular member is absent, in which case the alternate member shall act as a regular voting member. The Council member shall vote only when needed to decide a tie vote and shall act as a liaison to the City Council. Each member other than the Council liaison shall hold office for three years and terms shall be staggered. The Mayor shall appoint the Council liaison on an annual basis with the City Council concurrence. Vacancies shall be filled for the remainder of the term by action of the City Council.

(2) The Commission shall elect a Chairperson and Vice-Chairperson from its members for a term of one year.

(3) The Commission shall meet a minimum of 11 times a year, once each month, at a regular meeting unless the docket is empty; in which case, the Mayor and/or Chairperson can approve suspension of a meeting. Special meetings shall be advertised in the official newspaper and posted in the City Hall at least ten days in advance of the meeting.

(B) Duties and responsibilities of the Planning Commission under this chapter.

(1) To hold hearings after proper public notice in the official newspaper and individual notice by regular mail of property owners within a minimum of 350 feet of the subject property. The notices shall be given at least ten days before the hearing date; and

(2) To decide within the required time frame the following:

(a) Recommendations to the City Council regarding requested zoning district boundary changes or amendments to this chapter;

(b) To review and provide recommendations to the City Council on proposed plats and to provide recommendations on final plats to the City Council;

(c) To review and approve all metes and bounds property divisions within the city that results in parcels that are under ten acres;

(d) To review and approve requests for conditional use permits with complete findings to justify the decision;

(e) To periodically review the zoning map and ordinances and consider their role in shaping the growth of the community and to recommend changes to the City Council of these documents. To guide growth and current land use toward the goals of the Comprehensive Plan;

(f) To review past actions and direct future actions of the Zoning Administrator;

(g) To recommend on a timely basis that the City Council review the Comprehensive Plan when appropriate;

(h) To keep a record of its proceedings, notifications and justifications for its actions; and

(i) It shall be the duty of each individual member to be present at all meetings of the Planning Commission and Board of Adjustment. More than three absences in any one-year period shall be grounds for replacement by the City Council.

(Ord. 332, passed 5-19-2008)

§ 152.268 PARK COMMITTEE.

Duties of the Park Committee under this chapter are:

(A) To make recommendations to the City Council on implementation of the Comprehensive Plan;

(B) To make recommendations to the City Council on park dedication fees and/or land dedications within new subdivisions; and

(C) To periodically review the park plan and ordinances and consider their role in shaping the growth of the community and to recommend changes to the City Council of these documents to guide growth and current land use toward the goals of the Comprehensive Plan.

(Ord. 332, passed 5-19-2008)

§ 152.269 CITY COUNCIL.

The City Council shall have the following duties under this chapter:

(A) Appoint the Zoning Administrator by a majority vote or terminate the Zoning Administrator by a four-fifths vote;

(B) Confirm the appointments by the Mayor of members to the Board of Adjustment/Planning Commission members by a majority vote, or to remove members by a four-fifths vote; and

(1) Recommendations from the Planning Commission for changes in this chapter and zoning district boundaries;

(2) Recommendations from the Planning Commission for acceptance of proposed plats, final plats, condominium plans and other matters directed to them;

(3) To hear or initiate appeals from the actions of the Board of Adjustment regarding variances from this chapter;

(4) To hear or initiate appeals of the decisions of the Board of Adjustment on appeals previously heard and considered by the Board;

(5) To hear or initiate appeals from the actions of the Planning Commission on conditional use permits; and

(6) To direct enforcement of this chapter.

(Ord. 332, passed 5-19-2008)

§ 152.270 CONDITIONAL USE PERMITS.

(A) Conditional use permits shall run with the property for structures or other specified uses, as approved by the Planning Commission after a public hearing. All applications for a conditional use permit shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice at least ten days in advance of this hearing to the DNR if the proposed conditional use permit is in shoreland or floodplain. At the applicant’s option, the applicant may request a sketch plan review with no action by the Planning Commission and with no fee by giving 14-days’ notice thereof to the Zoning Administrator, meeting time permitted.

(B) The applicant shall complete the conditional use permit application approved by the City Council. The application shall contain submittal requirements, criteria for approval, procedure for consideration and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.

(C) Conditional use permit applications in which the property which is the subject of the application is within floodplain shall be subject to the following.

(1) The applicant shall submit the following information, in addition to all other information required by this section:

(a) Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel; and

(b) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

(2) The city may submit the information specified by division (C)(1) above to a licensed engineer or other expert person or agency for evaluation of the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. All reasonable costs for professional assistance incurred by the city in evaluating a conditional use permit under this provision shall be paid by the applicant prior to the issuance of any conditional use permit.

(D) No conditional use permit application shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Conditional use permits can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.

(E) No conditional use permit application shall be accepted by the Zoning Administrator for a property located within the floodplain, until the applicant demonstrates that all required state and federal permits have been obtained. The applicant shall submit a copy of all required state and federal permits to the Zoning Administrator concurrently with the required conditional use permit application form, fee and all other required application materials.

(F) In permitting a new conditional use or alteration of an existing conditional use, the Planning Commission may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions that the Planning Commission considers necessary to protect the best interest of the surrounding area or the city 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 or decreasing the number of required off-street parking spaces;

(6) Limiting the number, size, location or lighting of signs;

(7) Requiring berming, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

(8) Designating sites for open space;

(9) Modifications of waste treatment and water supply facilities;

(10) Limitations on period of use, occupancy and operation;

(11) Imposition of operational controls, sureties and deed restrictions; and

(12) For properties which are the subject of a conditional use permit located within a floodplain, the following conditions may also be required:

(a) Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures; and

(b) Flood-proofing measures, in accordance with the Building Code adopted by the city and this chapter. The applicant shall submit a plan or document certified by a licensed engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(G) The Planning Commission shall decide the issue with consideration to the following:

(1) The following must be met:

(a) The use or development is an appropriate conditional use in the land use zone;

(b) The use or development, with conditions, conforms to the Comprehensive Land Use Plan;

(d) The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of the city.

(2) The following must be considered.

(a) The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity.

(b) The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

(c) The conditional requirements at public cost for public facilities and services will not be detrimental to the economic welfare of the community.

(d) The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares.

(e) Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use.

(f) Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result.

(g) The conditional use will not result in the destruction, loss or damage of a natural, scenic or historical feature of major significance.

(h) The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients.

(3) For properties within floodplain, the following shall also be considered:

(a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

(b) The danger that materials may be swept onto other lands or downstream to the injury of others;

(c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

(d) The susceptibility of any proposed use and its contents to flood damage and the effect of the damage on the individual owner;

(e) The importance of the services to be provided by the proposed use to the community;

(f) The requirements of the facility for a waterfront location;

(g) The availability of viable alternative locations for the proposed use that are not subject to flooding;

(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

(i) The relationship of the proposed use to the Comprehensive Land Use Plan and floodplain management program for the area;

(j) The safety of access to the property in times of flood for ordinary and emergency vehicles; and

(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

(H) When costs to the city involved in processing and reviewing an application exceed the original application fees, the applicant shall reimburse the city for any additional costs. The expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to retain in reviewing permits.

(I) Violations of the conditions of a conditional use permit shall automatically suspend the permit. A review of the violation shall be conducted by the Planning Commission. The Planning Commission shall make a recommendation to the City Council on conditions for reinstating the permit or revocation. The City Council shall make the final decision on reinstating or revoking the suspended permit.

(J) Failure by the owner to act on a conditional use permit within 12 months, or failure to complete the work under a conditional use permit within two years, unless extended by the Planning Commission, shall void the permit. A second extension shall require a new public hearing.

(K) A CUP application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.

(L) Appeals of an action of the Planning Commission shall be filed with the City Administrator for consideration and action by the City Council. The appeal shall be made within 30 days of action by the Planning Commission.

(M) Appeals from the action of the city shall be filed with District Court within 30 days after Council action.

(N) The conditional use permit shall be filed with the County Recorder within 45 days of approval.

(O) The conditional use permit shall be filed with the Commissioner of the Department of Natural Resources within ten days of approval if the property which is the subject of the conditional use permit is within shoreland or floodplain.

(P) The conditional use permit runs with the land and applies to subsequent purchasers of the land so long as the conditions are being met.

(Q) The following concern §§ 152.070 through 152.075, 152.101, 152.102 and 152.220 through 152.225 of this chapter.

(1) The applicant may submit a sketch plan to the Planning Commission for review and discussion at least 14 days prior to the meeting.

(2) Based on discussion, the applicant can formally apply by submitting preliminary documents, prepared with professional help, including as a minimum the CUP application, and further shall contain the following:

(a) Proposed concept of plan operation;

(b) Proposed plat or floor plan, if applicable;

(d) Proposed timing;

(e) Proposed final security; and

(f) Proposed development contract.

(3) The Planning Commission shall review the submissions and make a recommendation to the City Council within a reasonable time frame with a complete finding of facts.

(4) The City Council shall review the recommendations and render a decision within a reasonable time.

(5) The applicant shall then proceed within the time frame accepted under the preliminary proposal to provide final documents as required, including:

(a) Financial security;

(b) Development contract;

(d) Final plat or floor plan;

(e) Surveyors plat check;

(f) Final covenants and associated documents;

(g) Final time schedule;

(h) Final site plan which will control development; and

(i) MPCA/MnDH approval letter on sewage system and water supply.

(Ord. 332, passed 5-19-2008)

§ 152.271 INTERIM USE PERMITS.

(A) Purpose and intent. The purpose and intent of allowing interim uses is:

(1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction;

(2) To allow a use that is presently acceptable, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced by a permitted or conditional use allowed within the respective district; and

(3) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that the use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

(B) General standards. An interim use permit may be granted only if the City Council finds as follows:

(1) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations;

(2) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety and welfare of the community;

(3) The use will not adversely impact implementation of the Comprehensive Plan;

(4) The date or event that will terminate the use is identified with certainty;

(5) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future;

(6) The user agrees to all conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit;

(7) There are no delinquent property taxes, special assessments, interest or city utility fees due upon the subject parcel; and

(8) The term of the interim use does not exceed three years.

(C) Application. Applications for an interim use permit shall be made by the fee owner or authorized representative of the fee owner of the property upon which the interim use is proposed. All applications shall include the following:

(1) A completed application form signed by the fee owner of the property or by the fee owners authorized representative;

(2) Application fee;

(3) Proof of ownership or authorized representation for the property on which the interim use is requested;

(4) A letter from the applicant explaining the proposal and stating the date or event that will terminate the use;

(5) A location map showing the general location of the proposed use within the community; and

(6) A map showing all principal land uses within 500 feet of the parcel on which the interim use is proposed;

(a) For cannabis business interim use permit applications only, an additional map must be provided showing all school property lines located within 900 feet of the proposed cannabis business parcel property line, as found in § 114.03.

(7) Development plans for the proposed use showing all information deemed necessary by the Zoning Administrator to ensure the community can determine whether the proposed development will meet all applicable development standards. The information may include, but shall not be limited to, the following:

(a) Site plan drawn to scale showing parcel and existing topography;

(b) Location of all buildings and their size, including square footage;

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

(e) Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated;

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

(g) Proposed floor plan and elevations of any building with use indicated;

(h) Sanitary sewer and water plan with estimated flow rates; and

(i) Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made part of the application.

(8) A signed consent agreement, provided by the city, agreeing:

(a) The applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit;

(b) The interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and

(c) The applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the interim use permit.

(9) Any other information that may be reasonably required by the city to evaluate the application.

(D) Planning Commission review and public hearing.

(1) The Zoning Administrator shall refer complete applications to the Planning Commission for consideration and a public hearing at the next available regular meeting as determined by the Zoning Administrator. Prior to the meeting, the Zoning Administrator or his or her assign(s) shall complete the following:

(a) Distribute the application to appropriate city departments and commenting agencies to receive feedback;

(b) Publish notice of the purpose, time and place of the public hearing in the official newspaper of the community, and mail notices to all property owners located within a minimum of 350 feet of the property described in the application, at least ten days prior to the date of the hearing. 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 records of the proceedings. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings; provided, a bone fide attempt to comply with the provisions of this section has been made; and

(c) Prepare a staff report analyzing the request under city code requirements for consideration by the Planning Commission.

(2) After considering the application, the staff report, testimony from the applicant and the public and any other relevant information; the Planning Commission shall recommend approval, approval with conditions or denial of the request. The recommendation of the Planning Commission shall be forwarded to the City Council as soon as practical, and in a manner which allows the City Council time to make a final determination on the request within the state mandated timelines for reviewing land use applications.

(E) City Council action. After considering the application, recommendation of the Planning Commission, any staff reports, testimony from the public hearing and any other relevant information; the City Council shall take action on the application through approval, approval with conditions, or denial. Should the City Council approve the application, the City Council shall make findings on conformance to the IUP general standards in division (B) above; specify the term of the interim use permit; the event(s), circumstances or conditions that shall cause termination; and any conditions of approval.

(F) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:

(1) The date stated in the permit;

(2) Upon violation of conditions under which the permit was issued;

(3) Upon change in the city’s zoning regulations which renders the use non-conforming; and

(4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(G) Suspension and revocation. The City Council may suspend or revoke an interim use permit upon finding that the activities allowed under the permit adversely affect the public health, safety or welfare in ways not anticipated during approval of the permit. A suspension or revocation of an interim use permit shall be preceded by written notice to the permittee and a hearing. The notice shall provide at least ten-days’ notice of the time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may, at the City Councils option, be before the City Council or in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions.

(H) Amendments. All requested amendments to an existing interim use permit shall be processed in the same manner as a new application.

(I) Renewal. The following process may be used to renew an active interim use permit that is set to expire. Terminated or suspended interim use permits cannot be renewed.

(1) Application. Application requirements for renewal of an existing interim use permit shall be the same as for a new application.

(2) Review. Upon receiving a complete application for an interim use permit renewal, the Zoning Administrator shall send notice of the requested renewal to all property owners within 350 feet of the parcel(s) containing the interim use. If any objections are raised within ten days of the mailed notice, the application shall be processed in the manner of a new application. If no objections are raised, the Zoning Administrator shall prepare a resolution of approval outlining the conditions and stipulations of the renewal for consideration by the City Council. Council, at its discretion, may approve or deny the request with findings. Denial of a renewal request does not constitute termination of the existing interim use permit.

(J) Recordkeeping. The Zoning Administrator shall maintain a record of all applications and all interim use permits issued, including information on the use, location, conditions imposed by the community, time limits, review dates and such other information as may be appropriate.

(Ord. 347, passed 7-6-2010; Ord. 418, passed 10-20-2025)

§ 152.272 VARIANCES.

(A) Pursuant to M.S. § 462.357, subd. 6, as it may be amended from time to time, the Board of Adjustment, may issue variances from the provisions of the zoning ordinance. A variance is a modification or variation of the provisions of this chapter as applied to a specific piece of property.

(B) Variances shall run with the property and shall be transferable with the property. Variances shall not be transferred to other properties.

(C) Variances shall require a public hearing. All applications for a variance shall be submitted to the Zoning Administrator a minimum of 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice at least ten days in advance of this hearing to the DNR, if the proposed variance is in shoreland or floodplain.

(D) The applicant shall complete the variance application approved by the Board of Adjustment. The application shall contain submittal requirements, criteria for approval, procedure for consideration and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.

(E) Variances shall only be permitted:

(1) When they are in harmony with the general purposes and intent of the ordinance; and

(2) When the variances are consistent with the Comprehensive Plan.

(F) Variances may be granted when the applicant for the variance establishes that there are “practical difficulties” in complying with the zoning ordinance:

(1) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means that:

(a) The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

(b) The plight of the property owner is due to circumstances unique to the property and not created by the owner; and

(2) Economic considerations alone do not constitute practical difficulties; and

(3) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(G) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when in harmony with this chapter.

(H) The Board of Adjustment shall not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the property owner’s land is located with the following exception: the Board of Adjustment may permit, as a variance, the temporary use of a single-family dwelling as a two-family dwelling.

(I) The Board of Adjustment may impose conditions in the granting of variances; provided, all conditions are directly related to the variance request, and each condition bears a rough proportionality to the impact created by the variance.

(J) When costs to the city involved in processing and reviewing an application exceed the original application fees, the applicant shall reimburse the city for any additional costs. The expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to retain in reviewing permits or applications.

(K) No variance application shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Variances can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.

(L) No variance application shall be accepted by the Zoning Administrator for a property located within the floodplain, until the applicant demonstrates that all required state and federal permits have been obtained. The applicant shall submit a copy of all required state and federal permits to the Zoning Administrator concurrently with the required variance application form, fee and all other required application materials.

(M) No variance shall permit a lower degree of flood protection than required under state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied for all properties located within floodplain which are the subject of a variance considered under this section.

(1) Variances shall not be issued if any increase in flood levels during the base flood discharge would result.

(2) Variances shall only be issued if it is determined by the Board of Adjustment that the granting of the variance will not result in increased flood heights.

(3) Variances shall be issued only upon the determination by the Board of Adjustment that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(N) The Zoning Administrator must notify the applicant for a variance that:

(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(2) The construction below the base or regional flood level increases risks to life and property. The notification must be maintained with a record of all variance actions.

(O) Failure by the owner to act within 12 months on a variance unless extended by the Board of Adjustment shall void the variance. A second extension shall require a new public hearing. This provision shall apply to any variance outstanding at the time of the ordinance adoption.

(P) A variance application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.

(Q) Violations of the conditions of a variance shall void the variance.

(R) (1) Appeals of an action of the Board of Adjustment shall be filed with the City Administrator for consideration and action by the City Council within 30 days of action by the Board of Adjustment.

(2) Appeals from the action of the City Council shall be filed with the District Court within 30 days after Council action.

(S) The variance shall be filed with the County Recorder within 45 days of approval.

(T) Decisions of variances granted to properties within floodplain shall be forwarded by mail to the DNR within ten days of the action by the Board of Adjustment.

(Ord. 332, passed 5-19-2008; Ord. 359, passed 8-6-2012)

§ 152.273 BUILDING PERMITS; ZONING PERMITS.

(A) Building permits shall be required for all new construction, structural alterations and where otherwise required by the Building Code adopted by the city. Zoning permits are required for all new structures and any change in structure dimensions, structural components, number of bedrooms, construction of, or additions to, driveways, walkways and similar construction and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. Building permits and zoning permits shall only be issued to the owner of the property.

(B) All building permits may be reviewed by department heads or designee, Building Official and Zoning Administrator to assure compatibility with surrounding uses and ensure adequate safety devices are installed to mitigate the potential for unplanned issues or incompatible land uses. Any comment or concern shall be forwarded to the Zoning Administrator within ten days. The Zoning Administrator will work with the building permit applicant to see the safety concern mitigated and incompatible land use abated.

(C) Where a proposed use requires action of the Board of Adjustment, Planning Commission or Council or posting of financial security, the action shall occur and the conditional use permit, variance, zoning district change, final plat plan approval, or minor subdivision approval shall be issued or security posted before any building permit or zoning permit is issued.

(D) The city shall not accept applications where the applicant has past due fees or charges due to the city or the county until the account is made current.

(E) No applications shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Permits can only be issued to contractors or property owners with outstanding violations by majority vote of the Planning Commission after the violation has been resolved to the satisfaction of the Planning Commission.

(F) The building permit or zoning permit shall contain the parcel identification number of the property, the signature of the fee or contract owner of the property and any other reasonable information needed to determine compliance with this chapter.

(G) Lot corners shall be visible on the lot. The Zoning Administrator may require a new survey when stakes are not visible or have been removed through erosion, construction or other action and require that a new certificate with existing and recorded dimensions shall be provided.

(H) Where a covenant is required by this chapter, evidence that such a covenant has been recorded shall be provided to the Zoning Administrator.

(I) Unless extended by the Zoning Administrator, where a building permit or zoning permit has been issued but no action has occurred within six months, the building permit or zoning permit shall be null and void. Exterior work on the structure shall be complete in 12 months from the issuance of the permit. The time limit may be extended up to six months by the Zoning Administrator for good cause. A second extension shall be decided by the Planning Commission.

(J) Granting of a building permit or zoning permit shall occur when all requirements of the ordinance have been met, but shall not be considered a statement of compliance with regional, state or federal codes, statutes or laws or approval of the design of the structure or accessories or description of the property. Subsequent actions of the Zoning Administrator shall not be considered acceptance of structural components or workmanship, but rather shall be for the purpose of determining general compliance with the ordinance.

(K) If the Zoning Administrator determines that any violation of a permit or other section of the ordinance has occurred, the permit shall become null and void. Any violation of a building permit or provision of a Building Code adopted and administered by the city shall be subject to the proper enforcement procedures under the Building Code or other provision of law, statute or rule governing the administration and enforcement of the Building Code and this chapter.

(L) A building permit or zoning permit application shall include, in addition to any other information required by the application, the nature, location, dimensions and elevations of the lot, all pertinent dimensions, existing or proposed buildings, structures, significant natural features having an influence on the permit, any proposed fill, any proposed storage of materials or equipment, and shall show the location of fill or storage of materials in relation to the stream channel.

(Ord. 332, passed 5-19-2008)

§ 152.274 SUBDIVISION.

Subdivision standards are provided within §§ 152.240 through 152.251 of this chapter.

(A) Pre-application meeting. At the subdivider’s option, a pre-application meeting shall be held including the subdivider, City Zoning Administrator, City Engineer, if requested by the Zoning Administrator and the City Administrator. Discussion at this meeting shall be limited to procedure, ordinance requirements and timing.

(B) Sketch plan review meeting with Planning Commission. At the subdivider’s option, a review of a sketch plan will be made by the Planning Commission prior to a public hearing. Discussion at this meeting shall be limited to procedure, ordinance requirements and timing.

(1) The subdivider shall submit nine copies of the sketch plan, 14 days prior to the normal Planning Commission meeting, and request a position on the formal agenda.

(2) The Planning Commission shall not take action on the proposal, but may make suggestions to facilitate the preparation of an approvable preliminary plat or plan.

(1) Purpose. The minor subdivision process allows for the division of certain property described by metes and bounds legal description and is an abbreviated review process in which there are fewer requirements than a normal subdivision. This process may be an administrative review process and the Zoning Administrator may refer the matter to the Planning Commission, or consultant if necessary. This process is limited to specific situations as set forth in this section.

(2) Qualification.The following may be considered a minor subdivision provided that the parcel of land has not been part of a minor subdivision within the last one year: Division of land into not more than three new lots in a one-year period fronting on an existing public street which does not:

(a) Require any new street;

(b) Require the creation of any public improvement;

(d) Conflict with any provisions of the comprehensive plan, zoning code, or any other city regulations, including this chapter.

(3) Filing and review of application.

(a) Application. Before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the subdividing owner or authorized agent, shall file an application and secure approval of a minor subdivision.

(b) Placement on the Planning Commission agenda. The city must receive an application form and all of the required information. Upon receipt, the matter may be placed on the next Planning Commission meeting agenda which is at least 30 days after the date the application was received. The Zoning Administrator or appointee may submit copies of the application and required information to other staff, committees, consultants, or agencies as appropriate who may make written comments to the Planning Commission if needed.

(c) Incomplete application. The city shall have the authority to request additional information. An application may not be heard by the Planning Commission if incomplete. The Zoning Administrator or appointee will notify applicant of missing information within 15 days of receiving the application. Failure to provide the necessary supportive information may be grounds for denial of the request.

(d) Transportation and Highway Department review. A minor subdivision abutting any existing or proposed trunk highway, county road or highway or county state-aid highway shall be subject to review by the Minnesota Department of Transportation and/or County Highway Department. Written notice and a copy of the proposed minor subdivision shall be filed with the Minnesota Department of Transportation and/or County Highway Department for review and comment. Final action on a minor subdivision shall not be taken until the required comments and recommendations have been received or until the minimum 30-day review period has elapsed.

(e) DNR. When the land in the minor subdivision is located within a shoreland district or floodplain district, the Department of Natural Resources shall be notified of the minor subdivision as required by law. Any requirements of the Department of Natural Resources shall be met prior to the issuance of a building permit.

(f) Watershed. When the land in the minor subdivision is located within a Watershed District, the Watershed District shall be notified. Any requirements of the Watershed District shall be met prior to the issuance of a building permit.

(g) Planning Commission meeting. The minor subdivision application may be submitted to the Planning Commission for its review and recommendation. The Planning Commission shall review and comment on the subdivision's acceptability in relation to the Comprehensive Plan, zoning code, and any other city regulation.

(h) Attendance at Advisory and Planning Commission meetings, and Council meetings. Attendance at Advisory and Planning Commission meetings is mandatory. Attendance at City Council meeting is suggested.

(4) Information required for minor subdivision. Unless waived by the Planning Commission and/or Zoning Administrator, all items identified in § 152.242 shall be included on an exhibit.

(5) Minor subdivision approval. Where appropriate under the provisions of this chapter, the subdivider shall submit documents containing the essential information of a proposed plat or plan as specified in § 152.242 and including dimensions computed to one-hundredth of a foot and bearing computed to equivalent accuracy to the Planning Commission and/or Zoning Administrator for approval. The resulting legal description must be a complete legal and not reference a separate legal nor should it be overly complicated. The review of the Planning Commission need not include a public hearing.

(6) Conditions of approval.

(a) All necessary utility and drainage easements are provided for.

(b) All new lots created by the minor subdivision conform to lot area and width requirements established for the zoning district in which the property is located.

(c) The minor subdivision does not require dedication of public right-of-way for the purpose of gaining access to the property.

(d) Any existing structures on site of the minor subdivision, meets setbacks and all other standards as specified elsewhere in the city's zoning and subdivision ordinances.

(7) Minor subdivision review.

(a) The subdivider shall submit five copies of his or her proposal to the Zoning Administrator 30 days prior to the normal Planning Commission meeting and pay the corresponding fee.

(b) The Zoning Administrator shall review the minor subdivision for compliance with the zoning ordinance including a field review at his or her discretion. The Zoning Administrator may give final approval or refer the matter to the Planning Commission.

(c) If the matter is referred, the Planning Commission shall decide on approval of the subdivision within a reasonable time based on the resulting lots complying with the chapter, the feasibility of the resulting lots for their intended purpose, and the provision for access to adjacent properties. Conditions may be attached to an approval requiring appropriate improvements. No more than three lots shall be allowed in a one-year period of time using the minor subdivision process. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.

(d) The resulting land descriptions shall be prepared and signed by a licensed surveyor and shall comply with all provisions of this chapter.

(e) Failure of the subdivider to act after an approval of a minor subdivision within one year shall void the approval unless extended by the Planning Commission.

(D) Lot consolidation/lot line adjustment.

(1) Purpose. The lot consolidation/lot line adjustment process is an administrative review process in which there are limited requirements to combine multiple lots into one parcel or to adjust a common lot line affecting existing parcels. Parcels resulting from these procedures must be consistent with all zoning code requirements and other applicable regulations. Lot consolidation is required prior to a building permit being issued. In areas which are not will defined, or where lots are irregular in shape and/or are included in more than one plat, the city may require that lot line adjustment/lot consolidation occur through the preliminary and final subdivision platting requirements.

(2) Qualifications.

(a) Lot consolidation. Two or more parcels, not separated across a street, ally or right-of-way with one or more common lot lines whether recorded platted lots or not, may be consolidated into one parcel.

(b) Lot line adjustment. Properties must be adjacent with one or more common lot line and the resulting lot line adjustment may not create additional lots, create or increase a nonconforming use on either property or create an unbuildable lot.

(c) Rezoning. If the adjustment or combination would cause one of the parcels to have two different zoning classifications, the applicant must rezone the property to achieve a consistent zoning classification for the newly created parcel.

(d) Easements. Any easements that becomes unnecessary as a result of the combination of parcels must be vacated. In addition, new easement must be established where appropriate.

(3) Filing and review of application.

(a) Before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed property shall be granted, an application, payment of corresponding fee and approval of a lot consolidation or lot line adjustment is required.

(b) The Zoning Administrator shall review the application and required information to determine conformance with the comprehensive plan, zoning code, and any other city regulation. The Zoning Administrator shall give final approval. In reviewing the application, the Zoning Administrator may refer the matter to the Planning Commission, or consultant if necessary.

(4) Information required for lot consolidation/lot line adjustment. Unless waived by the Planning Commission, all items identified in § 152.242 shall be included on an exhibit.

(5) Lot consolidation/lot line adjustment approval.

(a) Lot line adjustment. Where appropriate under the provisions of this chapter, the applicant shall submit documents containing the essential information as specified in §152.242 and including dimensions computed to one-hundredth of a foot and bearing computed to equivalent accuracy to the Zoning Administrator for approval. The resulting legal description must be a complete legal and not reference a separate legal nor should it be overly complicated. A lot line adjustment conveyance document shall be prepared by the applicant, reviewed by the Zoning Administrator, County Recorder and County Land Surveyor and recorded in the Office of the County Recorder.

(b) Lot consolidation. A lot combination conveyance document shall be prepared by the applicant, reviewed by the Zoning Administrator and County Recorder and recorded in the Office of the County Recorder.

(6) Conditions of approval.

(a) All necessary utility and drainage easements are provided for.

(b) The lot consolidation/lot line adjustment does not create additional lots or an increase a non-conforming use or create an unbuildable lot on either parcel.

(c) The lot consolidation/lot line adjustment does not require dedication of public right-of-way for the purpose of gaining access to the property.

(d) The Zoning Administrator shall review the proposed lot consolidation/lot line adjustment tor compliance with the Zoning Ordinance including a field review at his or her discretion.

(e) The resulting land descriptions shall be prepared and signed by a licensed surveyor and shall comply with all provisions of this chapter. The land descriptions shall be accompanied by a survey exhibit when determined necessary by the Zoning Administrator.

(f) Failure of the applicant to act after an approval of a minor subdivision within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.

(E) Preliminary plat or preliminary condominium plat approval. The preliminary plat or preliminary condominium plat approval constitutes formal approval of the concept and design of the subdivision. The Planning Commission review shall include a public hearing and may include a field review at their discretion. All reports of city staff, DNR, road authorities and Park Committee as well as citizen comments shall be reviewed and included in the hearing record. Related variance requests, rezoning requests and conditional use requests shall be heard concurrently with a subdivision request.

(1) The subdivider shall submit nine copies of his or her proposed plat or condominium plat to the Zoning Administrator 30 days prior to the normal Planning Commission meeting, pay the required fees and request a public hearing.

(2) The Zoning Administrator shall notify all property owner's within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing, including sufficient legal property description in the advertisement. The Zoning Administrator shall distribute:

(a) One copy to each Planning Commission member;

(b) If the proposal is adjacent to a County Highway, one copy to the County Engineer;

(d) If the proposal is adjacent to or abutting state highway, one copy to the Minnesota Department of Transportation postmarked at least ten days before the public hearing for review and comment.

(3) The Zoning Administrator shall review the proposed plat or plan as to content standards, necessary variances from the zoning ordinance and this chapter, necessary rezoning or necessary Conditional Use Permits, and advise the subdivider and the Planning Commission of his or her findings.

(4) The subdivider shall make additional application for the necessary permits at least 30 days prior to the normal Planning Commission or Board of Adjustment meeting as applicable, if subdivider desires to have a concurrent public hearing for variance, conditional use or rezoning.

(5) The Planning Commission shall hold the public hearing and may continue the hearing as it deems necessary to allow all factual input it deems necessary to allow a decision. Lack of submission of comments by outside agencies shall be construed to mean the agency has no objections.

(6) The Planning Commission shall recommend the approval or disapproval of the preliminary plat or preliminary condominium plat to the Council within 120 days of submission, and the findings shall be sent to the subdivider. The Planning Commission shall consider the following in its decision:

(a) Is the property zoned properly?

(b) Does the proposal conform to the Comprehensive Plan?

(d) Does the proposal conform to the requirements of the Subdivision Ordinance?

(e) Have the concerns of the affected agencies been addressed?

(7) The City Council shall review the findings and recommendations of the Planning Commission at its next regular meeting and make the final determination.

(8) The City Council will hear any appeal within 30 days of the Planning Commission action and will re-notify anyone noticed for the public hearing. The appeals will be filed with the City Administrator within 15 days of the decision.

(9) Failure of the subdivider to act after an approval of preliminary plat or preliminary condominium plat within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.

(F) Final plat or final condominium plat approval. Upon approval by the Planning Commission, the subdivider shall cause the final plat or final condominium plat, documents and concurrent documents to be prepared and submitted to the Planning Commission for recommendation to the City Council. All coincident variance requests, conditional use permit requests and/or rezoning requests shall either have been decided or be pending approval simultaneously with the final plat.

(1) The subdivider shall submit nine paper copies of the final plat or final condominium plat and concurrent documents to the Zoning Administrator 30 days prior to the Planning Commission meeting.

(2) The Zoning Administrator shall distribute the information received to the City Attorney, the City Engineer and an independent licensed surveyor, who shall review the submission for conformance with the standards and comment thereupon to the Planning Commission. The Zoning Administrator shall compare the final plat to the preliminary plat and comment thereupon. The City Attorney shall ascertain that all parties with an interest in the parcel to be divided are indicated as signers of the documents. The City Engineer shall determine that the improvements required have been completed or have been included in a development contract and that the required security has been posted with the City Council. The independent licensed surveyor shall compare the approved preliminary plat with the final plat, provide a plat check of the final plat and verify that the final plat meets the survey standards required by state statutes.

(3) The Planning Commission shall review the reports of the City Attorney, City Engineer, Zoning Administrator and independent licensed surveyor and make recommendation to the City Council within 45 days of submission. The Planning Commission shall consider the following:

(a) Has the applicant complied with all conditions and requirements upon which the preliminary approval is expressly conditioned wither through performance or execution of appropriate agreements assuring performance?

(b) Does the final plat or final condominium plat agree with the preliminary plat or preliminary condominium plat?

(d) Does the City Engineer agree that all improvements required are satisfactorily completed or are guaranteed by contract with adequate financial security?

(e) Does an independent licensed surveyor agree the final document meets the statutory requirements?

(f) Has financial security been posted in the appropriate amount?

(4) The City Council shall review the proposal at its next regular meeting and decide the approval or denial within 60 days of the submission of the final plat or final condominium plat to the city.

(5) Following approval by the City Council, the subdivider shall submit to the Zoning Administrator, two double mounted cloth backed prints on card stock (hard-shells) and two Mylar prints of the final plat or final condominium plat for signature by the Mayor and City Administrator.

(6) Upon signature, the subdivider shall file all pertinent documents with the County Recorder. Failure to file a final plat or plan, within two years shall void the approval unless extended by the City Council.

(Ord. 332, passed 5-19-2008; Ord. 418, passed 10-20-2025)

§ 152.275 FEES.

(A) (1) Applicable fees are established in § 152.015 of this chapter. No permit shall be issued, or request brought before the Board of Adjustment or Planning Commission until the fees are paid.

(2) All applications where work has already started shall require the payment of an after-the fact fee as outlined in § 152.015 of this chapter.

(B) The city shall not accept applications where the applicant has any past due fees or charges due to the city until the account is made current.

(Ord. 332, passed 5-19-2008)

§ 152.276 FINANCIAL REQUIREMENTS.

(A) Applications will not be accepted as complete where an applicant has any utility charges, delinquent taxes, delinquent assessments or other fees past due with the city or county. The past due account must be paid to bring the account current before an application will be accepted.

(B) (1) When costs associated with processing or reviewing an application exceed the original application fees, the applicant shall reimburse the city for any additional costs. The expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to hire in reviewing permits.

(2) Outstanding fees shall be paid before issuance of the permit and any construction of the project begins.

(Ord. 332, passed 5-19-2008)

§ 152.277 REQUIRED DECISION MAKING TIME FRAMES.

The city shall make land use decisions pursuant to time frames established in state statutes. It shall be the applicant’s responsibility to submit a completed application packet, which shall by definition include the application forms approved by the city, site plan with all information required by this chapter and remit proper fees for the land use application. The review time frame shall commence once the Zoning Administrator or designee determines the application and all required materials to be complete. An extension of the application review time frame may be granted by the Planning Commission consistent with state statutes.

(Ord. 332, passed 5-19-2008)

§ 152.278 NON-CONFORMITIES.

(A) A use, structure or occupancy of land which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions.

(B) Historic structures, as defined in § 152.003(B) of this chapter, are subject to the provisions of divisions (B)(1) through (B)(7) below.

(1) Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

(2) Any addition or structural alteration to a non-conforming structure or non-conforming use which would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted in divisions (B)(3) through (B)(7) below.

(3) If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any non-conforming structure, then the entire structure must meet the standards of this chapter for new structures. For property subject to floodplain overlay ordinance restrictions herein depending upon whether the structure is in the Floodway or Flood Fringe District, respectively, the cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.

(4) If any non-conforming use, or any use of a non-conforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The Assessor must notify the Zoning Administrator in writing of instances of non-conformities that have been discontinued for a period of more than one year.

(5) If any non-conformity is substantially damaged, as defined in § 152.003(B) of this chapter, it may not be reconstructed, except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in § 152.056(D) and (E) of this chapter will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

(6) If any non-conforming use or structure experiences a repetitive loss, as defined in § 152.003(B) of this chapter, it must not be reconstructed, except in conformity with the provisions of this chapter.

(7) Any substantial improvement, as defined in § 152.003(B) of this chapter, to a non-conforming structure requires that the existing structure and any additions must meet the requirements of this chapter. Properties subject to the floodplain overlay ordinance must also meet the requirements of § 152.056(D) and (E) of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

(Ord. 332, passed 5-19-2008) Penalty, see § 152.999

§ 152.999 PENALTY.

(A) This chapter shall be administered and enforced by the Zoning Administrator who is hereby designated the enforcing officer. If the violation of this chapter constitutes a criminal violation, it shall be the duty of the city’s Police Department to investigate and implement any such action, with the prosecution of the criminal violation to be pursued by the City Attorney.

(B) In the event of a violation or a threatened violation of this chapter, the City Council may institute appropriate actions or proceedings to prevent, restrain, correct or abate the violations or threatened violations. It shall be the duty of the Zoning Administrator and/or the city’s Police Department and/or City Attorney to institute the action.

(C) Any taxpayer or taxpayers of the city may institute mandamus proceedings in the District Court to compel specific performance by the proper official or officials of any duty required by this chapter.

(D) The violation of any of the provisions of this chapter or the misrepresentation or declaration of any false statement in any document required to be submitted under the provisions hereof by any person, firm or corporation shall be a misdemeanor and, upon conviction thereof, be punished by a fine as set forth in § 10.98 of this code. Each day that a violation continues shall constitute a separate offense. The owner of the subject property and any contractor(s) involved shall be considered jointly liable.

(E) The contractor(s) performing any work requiring a permit under this chapter shall be in violation of this chapter if working on the site prior to the issuance of a permit.

(F) Any persons in violation of the provisions of this chapter shall be subject to administrative penalties as established by the city in addition to any other fines, actions or penalties prescribed herein.

(G) Every person who shall construct, establish, substantially change, alter or repair any existing structure or use, or permit the growth of any tree without having complied with the provision of § 152.059 or who, having been granted a permit or variance under the provisions of § 152.059, shall construct, establish, substantially change or substantially alter or repair any existing growth or structure or permit the growth of any tree, except as permitted by the permit or variance, shall be guilty of a misdemeanor. Each day a violation continues to exist shall constitute a separate offense. The Airport Zoning Administrator may enforce all provisions of this chapter through the proceedings for injustice relief and other relief as may be proper under the laws of M.S. § 360.073, as it may be amended from time to time, and other applicable law.

(Ord. 332, passed 5-19-2008; Ord. 337, passed 12-21-2009; Ord. passed 3-15-2018)