(A)   The Zoning Administrator shall be responsible for enforcing the special provisions contained herein and no building permit or certificate of occupancy shall be approved unless the Zoning Administrator shall first determine that the proposed use or addition will conform to these special provisions.

(‘81 Code, § A1-52)

   (B)   (1)   The Council shall designate a Zoning Administrator who shall be primarily responsible for the enforcement of this chapter.

      (2)   The enforcing officer shall enforce this chapter and, in furtherance of the authority, may:

         (a)   Enter upon the land or within a building during reasonable working hours as found necessary to fulfill his or her duties as Administrator of this chapter;

         (b)   Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;

         (c)   Maintain permanent and current records of this chapter including, but not limited to, maps, amendments and conditional uses, variances, appeals, nonconforming uses, certificates of occupancy and applications thereto;

         (d)   Institute, in the name of the city, appropriate actions or proceedings against a violator as provided by law; and

         (e)   Establish and enforce necessary or desirable regulations, in writing, clarifying or explaining any provision of this chapter.

(‘81 Code, § A1-69)

(Ord. 291, passed 4-21-83)

   (A)   Members. The Board of Appeals and Adjustments for the city shall consist of the individual members of the city’s Planning Commission.

   (B)   Functions. Functions of the Board of Appeals and Adjustments:

      (1)   The Board shall make written recommendations to the City Council on petitions received under this chapter within 90 days after having been filed with the city;

      (2)   The Board shall have the duty of hearing all appeals where it is alleged that there is an error in any order, requirement, decision or determination by the Zoning Administrator under this chapter or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the zoning map; and

      (3)   The Board shall also have the duty of hearing requests for variances from the literal provisions of this chapter as provided under § 155.397(B).

   (C)   Procedures and organization.

      (1)   The Board may establish its own rules of procedure which shall not be inconsistent with or contrary to the statutes of the state or the ordinances of the city.

      (2)   The Board shall keep written records of its minutes and the findings and determinations made by it on all matters.

      (3)   Petitions or appeals shall be made on forms pertaining thereto provided by the city.

      (4)   All findings and determinations of the board shall be advisory to the Council and shall have no binding effect. The City Council may take action on the findings and recommendations of the Board as it deems proper under the circumstances. All final actions shall be by a majority vote of a quorum of the City Council.

(‘81 Code, § A1-70) (Ord. 291, passed 4-21-83)

   (A)   Request for a variance, conditional use permit or rezoning. A request for a variance, conditional use permit or rezoning which has been acted upon may not be requested again until a period of 12 months has passed, unless the applicant can show to the satisfaction of the City Council that the conditions which were present when the earlier request was filed, have changed or that the request is substantially different.

(‘81 Code, § A1-20) (Ord. 291, passed 4-21-83)

         (a)   The Board of Appeals and Adjustments may hold a public hearing on the variance request if it deems it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in § 155.400, except that the public hearing shall be held by the Board.

         (b)   The Board may recommend to the City Council and the City Council may grant approval, approval with conditions, or denial of the request. In considering a request for a variance and whether the applicant established that there are practical difficulties in complying with provision(s) of this chapter, the Board and City Council shall consider the following factors:

            (i)   Special conditions apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;

            (ii)   The granting of the proposed variance will not be contrary to the intent of this chapter;

            (iii)   The special conditions or circumstances do not result from the actions of the owner/applicant;

            (iv)   The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and

            (v)   The variance requested is the minimum variance necessary to alleviate the practical difficulty.

         (c)   The Council may grant the variance and impose certain conditions and safeguards therein that are directly related to and bear a rough proportionality to the impact created by the variance. The variance, however, may not be granted for a use that is otherwise not allowed in a particular zoning district, that is inconsistent with the comprehensive guide plan, or that is not in harmony with the general purpose and intent of the zoning provisions of this chapter.

(‘81 Code, § A1-71) (Ord. 291, passed 4-21-83; Am. Ord. 920, passed 6-23-11)

   No structure shall hereafter be erected or structurally altered until a building permit is issued by the city, except for farm buildings and dwellings as exempted by the Minnesota State Building Code. No structure, except one- or two-family dwellings shall hereafter be occupied after construction until a certificate of occupancy has been issued by the city.

(‘81 Code, § A1-15) (Ord. 291, passed 4-21-83)

   (A)   Purpose.  

      (1)   In order to give the district use regulations of this chapter the flexibility necessary to achieve the objectives of the comprehensive guide plan in certain districts, conditional uses are permitted subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When the circumstances exist, a conditional use permit may be granted.

      (2)   Conditions may be applied to issuance of a permit and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person or firm. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this section have been met.

   (B)   Petition, public hearing, notice and procedure. Except as otherwise noted and provided under this section, the petition, public hearing, public notice and procedural requirements for conditional use permits shall be the same as those for zoning chapter amendments provided in § 155.400.

   (C)   Action by the City Council. The City Council may grant a conditional use permit, as the use permit was applied for or in modified form, if it is determined that the proposed location of the conditional use is in accord with the objectives of the comprehensive guide plan and the purposes of the district in which the site is located and would not be materially injurious to properties or improvements in the vicinity. The City Council may grant a conditional use permit only by an affirmative vote of a majority of a quorum of the City Council.

   (D)   Standards. The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location:

      (1)   Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city.

      (2)   Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions.

      (3)   Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.

      (4)   Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools.

      (5)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.

      (6)   Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets.

      (7)   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

      (8)   These standards apply in addition to specific conditions as may be applied throughout the code.

   (E)   Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the Council shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

   (F)   Denial for noncompliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders the denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section.

   (G)   Periodic review, term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use.

   (H)   Lapse of conditional use permit by non-use. Whenever within one year after granting a conditional use permit, the use as allowed by the permit shall not have been completed or utilized, then the permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use that has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for decision.

   (I)   Enforcement and revocation. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall constitute sufficient cause for termination of the conditional use permit by the City Council following a public hearing. Written notification of the public hearing shall be mailed at least ten days prior to the hearing to the current holder of the conditional use permit. The notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the conditional use permit of the opportunity to be heard at the public hearing. In addition to other remedies provided in this code or at law, failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall be a misdemeanor.

(‘81 Code, § A1-72) (Ord. 291, passed 4-21-83; Am. Ord. 512, passed 5-9-91)

   (B)   Initiation. Proceedings for amendment of the chapter shall be initiated by:

      (1)   A petition of the owner or owners of the property which is to be rezoned;

      (2)   By action of the Planning Commission; and

      (3)   By action of the City Council.

   (C)   Petitions. All petitions for amendments which are initiated by the owner or owners of the property shall be filed with the City Clerk and, if the application involves the changing of zoning districts and boundaries thereof, the application shall be accompanied by an abstractor’s certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. The petition shall be forwarded to the Planning Commission by the City Administrator.

   (D)   Public hearing, notice and procedure. The Planning Commission shall hold at least one public hearing, affording the parties interested the opportunity to be heard, and shall give not less than ten days’ notice of the time and place of the hearing, published in the designated legal newspaper for the city. The notice shall also include the description of the land and the proposed changes in zoning. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owners of the property and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceeding provided a bona fide attempt to comply with this requirement has been made. The City Council may waive the above mailed notice requirement in connection with a citywide zoning or amendment to the text of this chapter initiated by the Planning Commission or the City Council.

   (E)   Referral to Planning Commission. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the Planning Commission for its consideration and recommendation.

   (F)   Maps or descriptions included. Petitions for rezoning shall include a detailed map and legal description clearly indicating the land or area to be rezoned.

(‘81 Code, § A1-73) (Ord. 291, passed 4-21-83; Am. Ord. 965, passed 5-8-14)

   (A)   (1)   Purpose. An interim use permit may be issued for a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit it.

      (2)   Conditions. The Council may issue interim use permits for an interim use of property if:

         (a)   The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is proposed to be located and the use conforms to the zoning regulations herein;

         (b)   The date or event that will terminate the use can be identified with certainty;

         (c)   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;

         (d)   The user agrees to any conditions that the Council deems appropriate for permission of the use; and

         (e)   The use meets the standards set forth in the zoning regulations herein governing conditional use permits.

      (3)   Termination. Any interim use permitted shall terminate upon the effective date of any amendment to this section that results in the interim use being no longer permitted.

      (4)   Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of the review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard.

      (5)   Public hearing required. Public hearings on the granting of interim use permits shall be required and shall be held in accordance with § 155.400 of this chapter and, in all manner, conform with M.S. § 462.357, subd. 3.

(‘81 Code, § A1-23)

   (B)   (1)   Petitions for permits as described in division (A) above shall be filed with the City Clerk in accordance with § 155.400. The petition shall include a clear and complete description of the proposal, including a dimensioned site plan illustrating the location on the property where the interim use is proposed to occur.

      (2)   The City Council shall review petitions for special permits at its next meeting. Approvals by the City Council may include special conditions related thereto including a time limit not to exceed one year.

(‘81 Code, § A1-74)

(Ord. 291, passed 4-21-83; Am. Ord. 644, passed 3-12-98)

   (A)   (1)   Building permits for any principal structure(s) shall not be issued by the city for any structures, except one- and two-family dwellings on platted property and except for alterations or repairs, until the building, site and landscape plans related thereto shall have been reviewed by the Planning Commission and the plans shall have been approved by the City Council.

      (2) The review and approval by the City Council shall be valid for a period of one year, wherein, if a building permit has not been issued, the approval shall be null and void.

(‘81 Code, § A1-24)

   (B)   (1)   In order to ensure compliance with the intent and purpose of this chapter and compatibility with adjacent uses, the City Council shall review and approve all building permits for commercial, industrial, public and multiple-residential buildings before the same is finally issued by the City Building Inspector.

      (2)   Petition. In addition to completing the application for a building permit, the petitioner shall provide the following information:

         (a)   A landscape plan as required under § 155.349;

         (b)   Building plans including scaled elevation plans;

         (c)   A detailed and dimensioned site plan;

         (d)   Drainage and utility plans;

         (e)   Building material sample(s); and

         (f)   Building massing model of proposed building, site, paving, topography and surrounding structures. Vertical and horizontal scales shall be 1 inch equals 50 feet.

      (3)   Procedure.

         (a)   All information shall be submitted to the city staff and the Planning Commission for review and recommendation to the City Council.

         (b)   The City Council shall take the final action.

(‘81 Code, § A1-75)

(Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89)

   The city shall provide the necessary petition forms for all petitions required under this chapter.

(‘81 Code, § A1-76) (Ord. 291, passed 4-21-83)

   (A)   The required fees paid for each petition required under this chapter shall be as specified in the appendix to Chapter 35. Where the fees do not cover costs incurred by the city in reviewing, investigating, administering and processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an itemized invoice from the city.

   (B)   Any costs incurred by the city for any legal services rendered by its attorneys in connection with any zoning project under this chapter shall be paid by the petitioner.

   (C)   When the city determined that a project will necessitate the outside review or involvement of its consultants that it will incur costs in excess of $250, a non-interest bearing cash escrow may be required. An escrow account shall be established in accordance with the appendix to Chapter 35.

(‘81 Code, § A1-77) (Ord. 291, passed 4-21-83; Am. Ord. 317, passed 4-12-84; Am. Ord. 480, passed 4-12-90; Am. Ord. 534, passed 2-13-92)