Every person who violates this chapter when he performs an act thereby prohibited or declared unlawful or who fails to act when such failure is thereby prohibited or declared unlawful, upon conviction, shall be punished as for a misdemeanor in accordance with this Code. If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly.

(Code 1980, § 11.99; Code 1997, § 74-56; Ord. No. 114, 3d, § 1, 2-11-2008)

(a)

The city manager is authorized and directed to enforce all the provisions of this chapter. He may delegate this authority to any administrative official of the city and supporting staff if deemed necessary, who shall be directly under the control of the city manager. Such staff shall have the duty to:

(1)

Issue all permits and certificates required by this chapter, and receive, process and forward all applications as stipulated in this chapter for various zoning requests.

(2)

Cause any building, structure, land, place or premises to be inspected and examined and order in writing the remedying of any condition found to exist therein in violation of any provision of this chapter.

(3)

Act as secretary for the board of zoning appeals and carry out and enforce any decisions or determinations of such board.

(b)

If the city manager or his designee shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The development services department shall order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings or structures or of additions, alterations or structural changes thereto; order discontinuance of any illegal work being done; or take other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. In carrying out such duties and responsibilities, the city manager and development services department may request assistance of the city attorney and initiate policy powers as necessary to ensure compliance where violations exist.

(Code 1980, § 11.90, subd. 1; Code 1997, § 74-57)

(a)

It is unlawful to use or occupy or permit the use or occupancy of any building or land or both or part thereof created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure for which a building permit has been issued by the development services department without a certificate of occupancy stating that the proposed use of the building or land conforms to the requirements of this chapter.

(b)

The development services department shall maintain a record of all certificates of occupancy, and copies will be furnished upon request to any person. Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under section 1.013.

(c)

All certificates of occupancy must be applied for coincident with the application for a building permit and must be issued within five (5) days after a request for the certificate has been made in writing to the development services department after the erection or alteration of such building or part thereof shall have been completed or land used in conformity with this chapter.

(d)

A temporary certificate of occupancy may be issued by the development services department for a period of not exceeding six (6) months during alteration or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

(Code 1980, § 11.90, subds. 7, 8; Code 1997, § 74-58)

(a)

Generally. In addition to those uses specifically classified and permitted in each zoning district, there are certain uses which it may be necessary to allow because of their unusual characteristics or the service they provide to the public. These conditional uses require particular consideration as to their proper location in relation to adjacent established or intended uses or to the planned development of the community. The conditions controlling the location and operation of such conditional uses are established by the following subsections of this section.

(b)

Authority. The council shall have the authority, after having received the recommendations of the planning commission, to permit or deny the conditional uses of land or structures or both, if the council finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site.

(c)

Procedures.

(1)

An application, available on request in the city planner's office, shall be filed in triplicate with the city planner and may be made by any governmental office, department, board, or commission or by any person having a freehold interest or a contractual interest which may become a freehold interest applicable to the parcel described in the application.

(2)

Applications may not be made for noncontiguous or scattered sites. Each site shall require its own application and each application shall be considered on its own merits.

(3)

A fee set from time to time and a schedule of which is on file in the city clerk's office is authorized for the filing of each such application.

(4)

A public hearing shall be held on each application within thirty (30) days after submittal of the application to the planning commission. The planning commission shall make its findings based on the following points:

a.

Current and anticipated traffic congestion.

b.

Population and density.

c.

Noise.

d.

Effect on adjoining land values.

e.

Public health, safety and welfare.

f.

Aesthetics.

(5)

Notice of the public hearing shall be published in the local newspaper not less than ten (10) days prior to the date of hearing. Such notice shall include the date, time and place of the hearing and a reasonable identification of the subject site.

(6)

All property owners within three hundred fifty (350) feet of the subject site shall be notified by U.S. mail not less than ten (10) days prior to the public hearing. Such notice shall contain the date, time, place and purpose of the public hearing. Upon filing with the city an application for a conditional use permit in the floodplain, the city shall submit by mail to the commissioner of natural resources a copy of the application for proposed conditional use sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting conditional use permits within the floodplain shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.

(7)

The planning commission shall present its findings and recommendations to the council within thirty (30) days following the date of the public hearing.

(8)

The council may, upon recommendation of the planning commission, impose such conditions and safeguards upon the premises benefitted by a conditional use permit as may be deemed necessary to prevent injurious effects therefrom upon other properties in the neighborhood. The council shall act on the recommendations of the planning commission within thirty (30) days of their receipt. The council may also request that evidence of sufficient bonding be supplied by the property owner to ensure satisfactory compliance with the conditions established by the conditional use permit.

(9)

There shall be required a five-sevenths (5/7) vote of the council to override a recommendation of denial from the planning commission.

(10)

Denial of a conditional use permit shall constitute a finding that the conditions required for approval do not exist. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of the denial, except on new grounds of new evidence or proof of changes of conditions found to be valid by the planning commission. Each resubmission shall constitute a new filing, and a new currently required filing fee shall be paid.

(11)

Upon denial of a conditional use permit, the applicant shall be notified in writing of the denial and the reasons for the denial.

(12)

Once the council has approved a conditional use permit, all work related to the permit shall begin within twelve (12) months of the date that the conditional use permit is approved, or the conditional use permit shall be considered invalid.

(13)

Procedures to be followed in reviewing and approving a conditional use permit within all floodplain districts shall be as follows:

a.

The applicant shall furnish the following information and any additional information as deemed necessary by the city for determining the suitability of the particular site for the proposed use:

1.

Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of such to the location of the stream channel.

2.

Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

b.

Transmit one (1) copy to each of the following of the information described in subsection (c)(13)a of this section for evaluating 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:

1.

City planner.

2.

City engineer.

3.

Department of natural resources.

4.

Army Corp of Engineers.

5.

U.S. Soil Conservation Service.

6.

County watershed district.

c.

Based upon the technical evaluation of the agencies enumerated in subsection (c)(13)b of this section, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(14)

The city shall make its decision regarding the requested conditional use permit subject to all of the requirements of this section and the following:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachment.

b.

The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

e.

The importance of the services provided by the proposed facility to the community.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

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 plan and floodplain management programs for the area.

j.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

k.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

l.

Such other factors which are relevant to the intent of this chapter and chapter 38.

(15)

Conditions attached to conditional use permits. Upon consideration of the factors and findings required in this section, the city shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:

a.

Modification of waste treatment and water supply facilities.

b.

Limitations on period of use, occupancy, and operation.

c.

Imposition of operational controls, sureties, and deed restrictions.

d.

Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

(Code 1980, § 11.90, subd. 9; Code 1997, § 74-59; Ord. No. 114, 3d, § 1, 2-11-2008)

(a)

Purpose. An interim use may be allowed as a temporary use of property until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer allow it. The city council may approve an interim use of property, as defined and authorized by Minn. Stats. § 462.359, that allows a use under certain conditions that would otherwise not be allowed under the zoning regulations, but because of its temporary nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses.

(b)

Authority. The city council may authorize interim uses of property by issuance of interim use permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. Interim uses that fail to comply with the zoning standards established for the district within which the use is located may also be authorized.

(c)

General requirements/findings. In addition to the requirements of a conditional use permit in section 50.0052, the city council shall not issue an interim use permit until it finds that the following additional requirements have been met:

(1)

The use shall conform to all zoning regulations.

(2)

The use will not delay the permanent development of the site or prevent the orderly development of surrounding sites.

(3)

The use will not adversely impact implementation of the comprehensive plan.

(4)

The use will not be in conflict with any provisions of this Code.

(5)

The use will not adversely impact nearby properties through characteristics, including, but not limited to, nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety and welfare of the community.

(6)

The date or event that will terminate the use has been identified.

(7)

The use shall not cause or impose additional costs to the city.

(8)

Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

(9)

In the event of a public taking of property after the interim use is established, the property owner shall not be entitled to compensation for any increase in value attributable to the interim use.

(10)

The applicant/property owner shall comply with the terms stated through approval of an interim use permit regarding the terms and conditions of the approved interim use. The interim use permit will not be in effect until such time that the interim use permit resolution is executed and recorded with the county, and the city is provided with recording information.

(d)

Standards for review of interim uses.

(1)

The applicant shall submit an interim use permit application in accordance with the application requirements listed for a conditional use permit stated in section 50.0052. Additionally, the applicant shall submit a narrative of information to fully describe the nature of the request and use, its operation and intensity, location on site, potential impact to surrounding properties, and site improvements necessary to conduct the use.

(2)

If the interim use permit application relates to any development fronting a state highway and/or a county highway, the state department of transportation and/or county engineer shall be given notice of the application ten (10) days prior to the hearing date.

(3)

Notice of the interim use permit application shall be provided to the property owner of record for properties located within three hundred fifty (350) feet of the lot or parcel to which the application applies, at least ten (10) days prior to the hearing date, and the same procedures allowed in accordance with a review of a conditional use permit, as outlined in section 50.0052.

(4)

Procedures to be followed in reviewing and approving an interim use permit within all floodplain districts shall follow the provisions stated in the applicable Code section of this chapter.

(e)

Conditions imposed. The planning commission may recommend and the city council may place restrictions, conditions and requirements on an interim use permit to protect the health, safety and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to:

(1)

Buffering and screening measures.

(2)

Ingress and egress to the property.

(3)

Parking.

(4)

Landscaping.

(5)

Design and location compatibility with the adjacent properties and other properties in the district.

(6)

Utilities with reference to location, availability and compatibility.

(7)

Hours of operation, and seasons of operation, if applicable.

(8)

An escrow account to cover the costs to restore the property to its original condition, if necessary.

(f)

Expiration and termination. An interim use permit shall expire and the interim use permit shall terminate at the earlier of:

(1)

The expiration date established by the city council at the time of approval.

(2)

Occurrence of any event identified in the interim use permit for the termination of the use.

(3)

Upon an amendment to this Code that no longer allows the interim use.

Because of its temporary nature, an interim use permit shall not be renewed. Continuation of an interim use beyond the date of expiration of its interim use permit requires approval of a new interim use permit, according to the application procedures and processes set forth in this section. The interim use permit shall run with the applicant, and will require a new application and consideration should the property be sold.

(g)

Suspension and revocation.

(1)

The city council may suspend or revoke an interim use permit upon failure of the interim use, or the interim use permit holder, owner, operator, tenant or user, to comply with city codes, the laws of the state, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety or welfare.

(2)

A suspension or revocation of an interim use permit shall be preceded by written notice to the permit holder and a hearing before the city council. The notice shall provide at least ten (10) days' notice of the time and place of the hearing and shall state the nature of the violations.

(Code 1997, § 74-60; Ord. No. 177, 4d, § 1, 12-23-2013)

(a)

The board of appeals has the authority and duties to hear, decide and recommend to the city council, in accordance with chapter 2, article VI, division 3, and chapter 50, article II, divisions 1 through 3, the following:

(1)

Interpretation of chapter and map. Where the street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the zoning map, the board, after notice has been given to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In any question as to the location of any boundary line between zoning districts or where there is uncertainty as to the meaning and intent of textual provisions of this chapter, a request for interpretation of the zoning map or the textual provision in question may be made to the board, and a determination shall be made by the board, after consultation with appropriate city staff. A copy of the written determination shall be submitted to the city council.

(2)

Administrative review. The board of appeals shall have the authority to hear and decide appeals filed as provided in this division where it is alleged by the appellant that there is an error in any order, requirement, decision, determination, grant or refusal made by the development services department in the enforcement and interpretation of the provisions of this chapter.

(3)

Variances. The board of appeals shall have the authority and duties to hear and recommend to the city council the issuance of variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. The term "practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control, where the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction, as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with the official controls. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The board of appeals may recommend and the city council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(b)

In exercising the authority and responsibilities enumerated in this division, the action of the board of appeals shall be governed by chapter 2, article VI, division 3, and relevant state law.

(Code 1980, § 11.90, subd. 10; Code 1997, § 74-86; Ord. No. 141, 4d, § 1, 9-12-2011; Ord. No. 150, 4d, § 1, 7-9-2012)

(a)

Board of appeals. The board of appeals and city council for this city shall have the powers granted under section 50.0080 and Minn. Stats. § 462.357, subd. 6, as they may be amended from time to time.

(b)

Variances.

(1)

Pursuant to Minn. Stats. § 462.357, subd. 6, as it may be amended from time to time, the board of appeals may recommend and the city council may issue variances from the provisions of this chapter. The term "variance" means a modification or variation of the provisions of this chapter, as applied to a specific piece of property.

(2)

Permitted/granted.

a.

Variances shall only be permitted:

1.

When they are in harmony with the general purposes and intent of this chapter; and

2.

When the variances are consistent with the comprehensive plan.

b.

Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter.

(3)

The term "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 landowner is due to circumstances unique to the property not created by the landowner; and

c.

The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(4)

Variances shall be granted for earth sheltered construction, as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter. No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The board of appeals may recommend and the city council may permit as a variance the temporary use of a one (1) family dwelling as a two (2) family dwelling. The board of appeals may recommend and the city council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(Code 1980, § 11.90, subd. 11; Code 1997, § 74-87; Ord. No. 141, 4d, § 1, 9-12-2011; Ord. No. 150, 4d, § 1, 7-9-2012)

Appeals to the board of zoning appeals may be made by any person aggrieved or by any city officer or department affected by a decision of the development services department. Such appeal shall be taken within such time as shall be prescribed by the board of general rule, by filing with the development services department and with the board an application of appeal specifying the grounds thereof. The development services department shall forthwith transmit to the board all of the papers constituting the records upon which the action appealed from was taken. A written application of appeal on forms provided for any adjustment or variation shall be made to the development services department. The applicant shall set forth the action requested and the reasons which make compliance with this chapter a hardship or practical difficulty beyond that of other persons or uses in the same area. An appeal shall stay all proceedings in furtherance of the action appealed from unless the development services department certifies to the board after the notice of appeal has been filed with them that, because of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application or notice to the development services department on due cause shown.

(Code 1980, § 11.90, subd. 12; Code 1997, § 74-88)

The board of zoning appeals shall fix a reasonable time and place for the hearing of the appeal as provided in section 50.0082, shall give due notice thereof not less than ten (10) days prior to the date of the hearing to all parties of interest, including all owners of record of property within three hundred fifty (350) feet of the premises in question, such notice to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll; and shall render a decision within a reasonable time. Notice of hearing shall also be published in the local newspaper at least ten (10) days prior to the public hearing. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(Code 1980, § 11.90, subd. 13; Code 1997, § 74-89)

(a)

Airspace and airport safety zones. Requests for action by the board of zoning appeals regarding airspace and airport safety zones shall be submitted to the state department of transportation, aeronautics division, for its review and comment prior to board action. The board may take action on the request thirty (30) days from the date the request was submitted to the state department of transportation, aeronautics division.

(b)

Floodplain zones. Requests for action by the board of zoning appeals regarding floodplain zoning shall be subject to the following conditions:

(1)

No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for a given area, or permit standards lower than those required by state law.

(2)

Variances shall not be issued by the city within the designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(3)

Variances shall only be issued by the city upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, created nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(4)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

Flood insurance notice. The zoning administrator shall notify the applicant for a variance that 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

(6)

Submittal of hearing notices to the department of natural resources (DNR). The zoning administrator shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.

(7)

Submittal of final decisions to the DNR. A copy of all decisions granting variances will be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.

(8)

Recordkeeping. The zoning administrator shall maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

(c)

Shoreland management district.

(1)

Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. The commissioner shall respond in writing within thirty (30) days of the hearing date or the city will assume the commissioner's approval of the request.

(2)

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten (10) days of the final action.

(3)

The city, at its discretion, may also request the commissioner's review of building permits, request for land modifications, and conditions applicable to proposed certificates of compliance, and when such discretionary requests are made, the city shall allow the commissioner thirty (30) days from the date of request to respond prior to issuing the building permit or certificate of compliance.

(Code 1980, § 11.90, subd. 14; Code 1997, § 74-90; Ord. No. 425, 2d, § 4, 11-28-1994; Ord. No. 114, 3d, § 1, 2-11-2008; Ord. No. 188, 5d, §§ 6, 7, 10-27-2014)

(a)

No building or structure or part thereof shall be erected, abutted, demolished, repaired, altered, enlarged or moved until a building permit has been obtained by the owner or his agent, which includes a certification by the development services department that plans, specifications and the intended use for such structure do in all aspects conform to this chapter and any state, federal and local codes and regulations relating to the proposed use. In addition, it is unlawful to change the type of use of land or to change the type of use or type of occupancy of any building or to extend any use on any lot on which there is a nonconforming use until the development services department has issued for such intended use a building permit, including a certification of its determination that the proposed use does, in all respects, conform to this chapter.

(b)

Permit applications for properties within the shoreland management district (section 50.0171) must include the necessary information so that the development services department can determine the site's suitability for the intended use and that a complaint sewage treatment system or connection to public sewer will be provided. A permit authorizing an addition to an existing structure within the shoreland management district shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced or connection made to the public sewer in accordance with the provisions of this section.

(c)

In the floodplain, a permit issued by the zoning administrator in conformity with the provisions of this section shall be obtained prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

(Code 1980, § 11.90, subd. 2; Code 1997, § 74-116; Ord. No. 425, 2d, § 3, 11-28-1994; Ord. No. 114, 3d, § 1, 2-11-2008)

(a)

An application for a building permit required under this division shall be submitted in such form as the development services department may prescribe.

(b)

Such application shall contain the full names and addresses of the applicant and of the owner and, if the owner is a corporate body, of its responsible officer.

(c)

Such application shall describe briefly the proposed work and shall give such additional information as may be required by the development services department for an intelligent understanding of the proposed work.

(d)

The application shall include a description of the land on which the proposed work is to be done, by lot number, street address or by metes and bounds.

(e)

The application shall include such other information as lawfully may be required by the development services department, including existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.

(Code 1980, § 11.90, subd. 3; Code 1997, § 74-117)

With the application for the building permit required under this division, there shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, and all dimensions figured, showing accurately the following:

(1)

Actual dimensions and shape of lot to be built upon.

(2)

The size and exact location of all proposed new construction or alteration or, for demolition, of such construction as is to be demolished.

(3)

The size and exact location of all existing buildings and structures that are to remain.

(4)

The type of use or occupancy to be made of all parts of the structure.

(5)

Provisions for required off-street parking.

(6)

A landscape plan prepared, in accordance with section 50.0935, for all areas of the site not covered by buildings, paved parking, or paved driveways. Such plan shall be prepared by a landscape architect or other qualified landscape designer and shall include trees, shrubs, planted ground cover, screening materials, as necessary, and existing materials to be retained.

(7)

A grading plan for the entire site showing existing and proposed contours, drainage flow and stormwater retaining methods, erosion control and the relationship to surrounding properties.

(Code 1980, § 11.90, subd. 4; Code 1997, § 74-118; Ord. No. 93, 3d, § 2, 6-27-2005)

(a)

The owner, contractor or authorized agent thereof shall file an application for the building permit required under this division, in writing, with the development services department, on a form furnished for that purpose, accompanied by plans and plot diagrams in duplicate. An agent may be required to submit evidence to indicate his authority. The development services department shall examine applications for permits within a reasonable time after filing, not to exceed fifteen (15) days.

(b)

One (1) copy of the plans and plot diagram shall be returned to the applicant by the development services department after they shall have marked such copy either as approved or disapproved and attested to such by signature on such copy. The second copy of the plans and plot diagrams, similarly marked, shall be retained by the development services department.

(c)

A permit under which work is not commenced within one hundred twenty (120) days after issuance shall expire by limitation. A new application shall be filed and a new permit required before work is started, except as may be modified under division 4 of this article.

(Code 1980, § 11.90, subd. 5; Code 1997, § 74-119)

(a)

If the work described in any building permit application has not begun within one hundred twenty (120) days from the date of issuance thereof, the permit shall expire and be canceled by the development services department, and written notice thereof shall be given to the persons affected.

(b)

If the work described in any permit has not been substantially completed within one (1) year of the date of issuance, the permit shall expire and be canceled by the development services department, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a special permit has been obtained.

(c)

At the discretion of the development services department, such special permit may be based on the original application or it may require submission on a new application. The special permit may include limitations on time allowed for substantial completion of the work and provisions for a reasonable performance bond to ensure completion within the time limit set.

(Code 1980, § 11.90, subd. 6; Code 1997, § 74-120)

The council may, from time to time, by a majority vote of its members, amend this chapter by changing or supplementing the district map or parts thereof or zoning classifications or other regulations or provisions of this chapter. A proposed amendment may be initiated by the council, by the advisory planning commission or by the board of zoning appeals in response to a request from a property owner or on their own initiative.

(Code 1980, § 11.95, subd. 1; Code 1997, § 74-146)

The council shall require a report from the advisory planning commission on any proposed amendment to this chapter or the zoning map before taking final action thereon. Before making such a report, the advisory planning commission shall hold a public hearing on the proposed rezoning. Notice shall be given of such public hearing by published notification in the official paper of the city no less than ten (10) days prior to the time and place of the hearing. Such notice shall include a reasonable identification of the property to be considered for rezoning. If the advisory planning commission fails to report to the council on a proposed zoning change within sixty (60) days after the date of referring of a zoning amendment to such commission, the council shall proceed to hold the hearing and act on such amendment without a report from the advisory planning commission. If a protest against a proposed zoning district amendment is presented duly signed by the owners of one-third (⅓) or more of the property area proposed to be altered or the owners of one-third (⅓) or more of the area contiguous thereto, such amendment shall not be passed except by a five-sevenths (5/7) affirmative vote of the members of the council.

(Code 1980, § 11.95, subd. 2; Code 1997, § 74-147)

The council shall require a report from the advisory planning commission on any proposed amendment to the airport zoning sections of this chapter or zoning map before taking final action thereon. Before making such a report, the advisory planning commission shall hold a public hearing on the proposed rezoning. A second public hearing shall be held at the next regular meeting of the planning commission, and the proposed change in zoning must be approved by the commissioner of transportation prior to being referred to the city council. Notice shall be given of such public hearing by published notification in the official paper of the city no less than ten (10) days prior to the time and place of the hearing. Such notice shall include a reasonable identification of the property to be considered for rezoning. If the advisory planning commission fails to report to the council on a proposed zoning change within ninety (90) days after the date of referring of a zoning amendment to such commission, the council shall proceed to hold the required hearings and act on such amendment without a report from the advisory planning commission.

(Code 1980, § 11.95, subd. 3; Code 1997, § 74-148)

The floodplain designation on the floodplain zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error and 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 natural resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this chapter relating to floodplains shall be submitted to the state commissioner of natural resources at least ten (10) days prior to the public hearing thereon and approved by the commissioner prior to adoption. All amendments to the floodplain zoning map also require prior approval by the Federal Emergency Management Agency.

(Code 1980, § 11.95, subd. 4; Code 1997, § 74-149; Ord. No. 114, 3d, § 1, 2-11-2008)

A certificate of compliance issued by the zoning administrator in conformity with this chapter shall be secured prior to the erection, addition or alteration of any building, structure or portion thereof prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within a flood district.

(Code 1980, § 11.91, subd. 1; Code 1997, § 74-176)

An application for certificate of compliance required under this division shall be made to the zoning administrator on a form supplied by the development services department. The following shall be provided with the certificate of compliance application:

(1)

A plan drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of such features in relation to the stream channel, floodplain boundaries or boundaries of the floodable area.

(2)

The elevations of the site and the location of the regulatory flood protection elevation shall be certified by a registered engineer, surveyor or architect.

(Code 1980, § 11.91, subd. 2; Code 1997, § 74-177)

Prior to granting a certificate of compliance required under this division, the zoning administrator shall determine that:

(1)

All necessary state and federal permits have been obtained.

(2)

The use is consistent with the floodplain district in which it is being proposed and is consistent with the underlying zoning district.

(3)

The zoning administrator shall maintain and record the elevation of the first floor, including the basement, of all new structures or additions to existing structures to which the certificate applies.

(4)

The zoning administrator shall maintain a record of the elevation of the lowest floor, including basement or cellar, of all new structures and alterations or additions to existing structures in the floodplain. The zoning administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.

(Code 1980, § 11.91, subd. 3; Code 1997, § 74-178)

The zoning administrator shall enforce the certificate of compliance issued under this division to ensure that development occurs only in accordance with the use, arrangement and construction set forth in the approved plans and only for the development for which the certificate of compliance was granted. Any use, arrangement or construction at variance with that authorized in the certificate of compliance shall be deemed a violation of this chapter. The applicant shall submit certification by a registered professional engineer, land surveyor or architect or some other qualified person designated by the city that the elevations of finished fill and elevations of buildings or structures or other work authorized by a certificate of compliance has been completed in accordance with the requirements of this chapter and in accordance with the certificate of compliance.

(Code 1980, § 11.91, subd. 4; Code 1997, § 74-179)

The zoning administrator shall issue a certificate of compliance for each activity requiring a permit as specified in section 50.0112. This certificate will specify that the use of land conforms to the requirements of this article. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this article and shall be punishable as provided in section 50.0112.

(Ord. No. 425, 3d, § 5, 11-28-1994; Code 1997, § 74-180)