Benson City Zoning Code

   (A)   The City Manager shall appoint a Zoning Administrator who shall have the duty and responsibility of enforcing and administering this code.

   (B)   The Zoning Administrator shall enforce this code and in addition thereto and in furtherance of that authority he or she shall:

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

      (2)   Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it;

      (3)   Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints;

      (4)   Maintain permanent and current records of this code, including but not limited to all maps, amendments, conditional uses, variances, appeals, and applications thereto;

      (5)   Receive, file, and forward all applications for amendments, variances, conditional uses, development plans or other matters to the Planning Commission and City Council;

      (6)   Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustments and Appeals;

      (7)   Have additional duties as may be provided by the City Council.

(Ord. 1112.03, passed 8-25-03)

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

   (B)   Procedure.

      (1)   Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the city.

      (2)   The application may be accompanied by a non-refundable fee as set forth in the city code for administrative permit applications.

      (3)   The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this chapter.

      (4)   The Zoning Administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be based upon (but not limited to) the following factors:

         (a)   Compliance with and effect upon the Comprehensive Plan and public facilities plans.

         (b)   The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort.

         (c)   The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

         (d)   The establishment of the use, event, or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

         (e)   Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity that is proposed.

         (f)   The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located.

         (g)   The use, event or activity and site conform to the performance standards as outlined in all applicable provisions of this chapter.

         (h)   The Zoning Administrator shall make a determination on approval or denial of the administrative permit within 60 days from the date of submission of a complete application.

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

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

         (k)   Unresolved disputes as to administrative application of the requirements of this division shall be subject to appeal as defined by § 154.181.

   (C)   Information requirement. The information required for all administrative permit applications shall include:

      (1)   A concise statement describing the proposed use, event, or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application;

      (2)   A copy of the approved site plan for the property or an “as built” survey that accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and that accurately indicates any proposed temporary structures, including tents, stands, and signs;

      (3)   An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of the available entrances and exits;

      (4)   A copy of the current sales tax certificate issued by the State of Minnesota, if applicable.

   (D)   Performance standards. All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

   (E)   Administration and enforcement.

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

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

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

   (F)   Certification of taxes paid. Prior to approving an application for an administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the administrative permit application relates.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99

    (A)   Generally.

      (1)   The City Council may grant variances from the strict application of the provisions of this code and impose conditions and safeguards in the variances so granted when it is in the public interest to grant such a variance, the variance is in harmony with the general purposes and intent of the ordinance, and the variance is consistent with the comprehensive plan.

      (2)   Variances may only be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance.

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

            1.   The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;

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

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

         (b)   Practical difficulties include, but are not limited to, the following:

            1.   Narrowness, shallowness, or odd size or shape of the lot;

            2.   Exceptional topographic conditions, water conditions, or other extraordinary and exceptional conditions of the lot;

            3.   The owner can show that the strict compliance with the zoning regulations is unreasonable.

      (3)   The Planning Commission and City Council may take into consideration the present and possible future use of the property and possible benefits that may inure to the city.

   (B)   Applications. Applications for variances shall be filed with the Zoning Administrator and shall state the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for a variance.

   (C)   Referral to Planning Commission. All applications for variances shall be referred to the Planning Commission that shall hear the applicant, or a representative thereof, at its next regular meeting after the filing of the application or at some other specified time. The Planning Commission shall recommend such conditions relating to the granting of a variance as it deems necessary to adjust the hardship or special situation so as to carry out the intent and purpose of this code or it may deny the request.

   (D)   Action by City Council. Upon receiving the recommendation of the Planning Commission or within 60 days after referral of the application for a variance to the Planning Commission if no recommendation has been transmitted, the City Council shall place the request on the agenda for its next regular meeting. The City Council shall reach a decision upon the request within 60 days after the date of the above meeting.

   (E)   Variance for use. No variance shall be granted for the purpose of allowing a use that is not eligible in a district. Variances in use of land shall require a conditional use permit.

   (F)   Granting of variance. In considering all requests and in taking subsequent action, the Planning Commission and the City Council shall make a finding of fact that the proposed action will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger the public safety, unreasonably increase the congestion in the public streets, unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this code before any such variance may be granted.

(Ord. 1112.03, passed 8-25-03; Ord. 1137.11, passed 9-6-11) Penalty, see § 10.99

   (A)   Purpose. The purpose of a conditional use permit is to authorize and regulate uses that may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in that such uses are located regarding conditions of operation, location, arrangement, and construction.

   (B)   Procedure. Pursuant to M.S. § 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional 60 days unless this limitation is waived by the applicant. Additional city requirements are as follows:

      (1)   Request for conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use and list of property owners located within 350 feet of the subject property in a format prescribed by the Zoning Administrator. The application shall be considered as being fully submitted and complete when the applicant has complied with all the specified information requirements.

      (2)   Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, and report its finding and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description, a description of request, and a map detailing property location and shall be mailed to all owners of property within 350 feet of the boundary of the property in question.

      (3)   Failure of a property owner to receive said notice shall not invalidate any such proceeding as set forth within this chapter.

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

         (a)   Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans;

         (b)   The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort;

         (c)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

         (d)   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

         (e)   The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located;

         (f)   The conditional use complies with the general and specific performance standards as specified by this section and this chapter.

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

      (6)   The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

      (7)   The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. Such recommendation shall be in writing.

      (8)   The City Council shall not grant a conditional use permit until they have received a report and recommendation from the Planning Commission, or until 60 days after the first regular Planning Commission meeting at which the request was considered.

      (9)   Upon receiving the report and recommendation of the Planning Commission, the City Manager shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent record of the City Council meeting.

      (10)   Upon receiving the report and recommendation of the Planning Commission, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they consider necessary to protect the public health, safety and welfare.

      (11)   If upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendations of the City Council will differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.

      (12)   Approval of a request shall require passage by a majority vote of the entire City Council.

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

   (C)   Granting of permit. In considering applications for conditional use permits under this code, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, and welfare of occupants of surrounding lands, existing and anticipated traffic conditions, including parking facilities on adjacent streets, and the effect on values of property in the surrounding area, and the effect of the proposed use on the Comprehensive City Plan. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of this chapter and the Comprehensive City Plan, the City Council may grant such permits and may impose safeguards and conditions therein. Any conditional use permit shall apply only to the use stated on the permit.

   (D)   Denial. Conditional use permits may be denied by motion of the City Council and such motion shall constitute a finding and determination by the City Council that the conditions required for approval do not exist.

   (E)   Conditional use permits for home occupations. Conditional use permits for home occupations shall be issued for a term of one year and for consecutive periods of one year thereafter if upon review by the Planning Commission a determination is made that the criteria of § 154.018 are still met. A public hearing as provided in division (B) is not required to renew a conditional use permit, but is required to terminate a conditional use permit.

(Ord. 1112.03, passed 8-25-03) Penalty, see § 10.99 

   Fees shall be payable at the time the applications are filed with the Zoning Administrator and are not refundable unless the application is withdrawn prior to referral to the Planning Commission or the City Council. There may be no fee in the case of applications initiated in the public interest by members of the City Council or by the Planning Commission. The City Council may establish revision of fees contained in this section by resolution of the City Council, published in the official newspaper.

(Ord. 1112.03, passed 8-25-03)

   (A)   Authorization. In accordance with the provisions of the Minnesota Statutes, the City Council may, from time to time, adopt amendments to this chapter.

   (B)   Initiation of amendment. The City Council or the Planning Commission may, upon its own motion, initiate a request to amend the text or the districting map of this chapter. Any person, persons, firm, or corporation owning real estate may initiate a request to amend the district boundaries so as to affect the said real estate or a larger parcel that shall include said real estate. Any resident or owner of real estate in the city may initiate a request to amend the text of this chapter.

   (C)   Application for amendment. All applications for amendments that are initiated by the petition of owners of property or residents shall be filed with the Zoning Administrator. When the application involves the changing of zoning districts and boundaries thereof it shall be accompanied by a map or plan showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the property proposed to be rezoned, together with the names and addresses of the owners of the lands in such area.

   (D)   Referral to Planning Commission. All petitions for amendments shall be referred to the Planning Commission which shall hold an official public hearing.

   (E)   Hearing. At the time and place specified in such notice, the Planning Commission shall meet and conduct a public hearing upon the proposed zoning code amendment.

   (F)   Action by Planning Commission. If the request is for a district change, notices shall be mailed to all owners of property according to the submitted list of owners within 350 feet of the parcel included in the request not less than ten days nor more than 30 days prior to the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter. The Planning Commission shall reach a decision and make its recommendation to the City Council within 60 days of filing of the request unless the applicant has granted a deferment of action in writing, and if so, the City Council shall be so notified.

   (G)   Action by City Council. The City Council shall, upon receiving the recommendation of the Planning Commission, place such request on the agenda of its next regular meeting and decide the issue within 30 days. Notification to the applicant shall be made of the City Council’s action.

(Ord. 1112.03, passed 8-25-03)

   (A)   Board designation. The Planning Commission shall serve as the Board of Adjustments and Appeals.

   (B)   Applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.

   (C)   Filing. An appeal from the ruling of an administrative officer of the city shall be filed by the property owner or their agent with the Zoning Administrator within 30 days after the making of the order being appealed.

   (D)   Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustments and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order that may be granted by a court of record on application, and upon subsequent notice to the city.

   (E)   Procedure. The procedure for making such an appeal shall be as follows:

      (1)   The property owner or their agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application may be accompanied by a reasonable fee as set by the City Council.

      (2)   The Zoning Administrator shall instruct the appropriate staff person to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action of the Board of Adjustments and Appeals.

      (3)   The Board of Adjustments and Appeals shall make its decision by resolution within 60 days from the date on which a completed application is filed.

      (4)   The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail.

   (F)   Appeals from the Board of Adjustments and Appeals. Any person or persons, any private or public board, or taxpayer of the city aggrieved by any decision of the Board of Adjustments and Appeals shall have the right to seek review of the decision with the City Council, and any private or public board, or taxpayer of the city aggrieved by any decision of the City Council shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented, or replaced.

(Ord. 1112.03, passed 8-25-03)