Big Lake City Zoning Code

SECTION 1002

ADMINISTRATION

§ 1002.01 Duties of Zoning Administrator.

This chapter shall be administered and enforced by the Zoning Administrator, who is appointed by the City Administrator. The Zoning Administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter, or ordinance. The Zoning Administrator’s duties shall include, but not be limited to, the following:

Subd. 1. Oversee the creation and maintenance of permanent and current records of the zoning ordinance, including, but not limited to, all maps, amendments, conditional use permits, vacations, variances, appeals, interim use permits, administrative permits, and site plans required by law;

Subd. 2. Oversee all applications for the Board of Zoning Adjustments and Appeals, Planning Commission, or City Council for amendments, conditional use permits, vacations, variances, appeals, interim use permits, administrative permits, and site plans as required herein;

Subd. 3. Examine all applications pertaining to use of land, buildings, or structures, and approve applications when the application conforms with the provisions of this chapter;

Subd. 4. Interpret the application and provisions of this chapter, which may be appealed to the Planning Commission and City Council pursuant to the process identified herein;

Subd. 5. Serve as a liaison to the Planning Commission and prepare applications for zoning related matters, prepare and submit public hearing notices to the official newspaper, prepare reports and other information for Planning Commission and City Council meetings and enforce all zoning regulations, provisions and conditions pertaining to the approval of applications by the Planning Commission and City Council; and

Subd. 6. Provide technical assistance to the City Council and Planning Commission.

§ 1002.02 Enforcement.

Subd. 1. The Zoning Administrator or his or her designated agent shall in the name of the city take any appropriate actions or proceedings to enforce this chapter. These actions may include, but are not limited to:

1. Conduct periodic inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter;

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 and a time for compliance;

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 ensure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints;

4. Issue stop work orders of any and all site improvement activities or construction when and where a violation of the provisions of this chapter has been documented; and

5. Issue zoning certificates establishing the existence of legal non-conforming uses.

Subd. 2. The City Council may direct the Clerk or other person appointed by the City Council to administer this chapter to send a notice of any violation. When so directed, a notice of a violation shall be mailed by the Clerk or other person appointed by the City Council to administer this chapter to any person who, in the opinion of the Clerk or other person appointed by the City Council to administer this chapter, is in violation of the provisions of the zoning code. The notice shall state the nature of the violation and the penalty for the violation. A person who is issued a notice of violation may appeal the issuance to the City Council within 90 days.

Subd. 3. If the person to whom the notice of violation is directed fails to comply with the applicable provisions of the zoning code, that person is guilty of a misdemeanor and shall be punished as provided by Section 130.

Subd. 4. Each day the violation continues is a separate offense.

Subd. 5. The city may also enforce any provision of this Zoning Code by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction.

Subd. 6. A person who knowingly makes or submits a false statement or document in connection with an application or procedure required by this section is guilty of a misdemeanor and shall be punished as provided by Section 130.

Subd. 7. A person who violates, fails to comply with or assists, directs or permits the violation of a performance standards must reimburse the city or its agent for the actual costs of the tests, measurements or other procedures necessary to demonstrate that violation.

Subd. 8. A violation of this chapter or a condition imposed under this chapter is a public nuisance. The public nuisance may be abated in accordance with Chapter 5.

Subd. 9. No section or part of this chapter designating the duties of an official, employee or appointee of the city may be construed to make that official, employee or appointee liable for the penalty provided by the city ordinances for violation of this chapter.

§ 1002.03 Building Permits.

Subd. 1. General. Except as provided in this subsection, no person, firm, or corporation shall construct, erect, alter, wreck, or move any building or structure or parts thereof within the corporate limits of the city without first securing a building permit.

Subd. 2. Application. Application for a building permit shall be made to the Building Official on forms to be furnished by the city. Applications shall contain such other information as may be deemed necessary for the proper enforcement of this or any other ordinance. Additional requirements for lots within the Shoreland District are in subsection 1004.03.

Subd. 3. Plans and Specifications. With each application for a building permit, and when otherwise required by the Building Official for enforcement of this chapter, plans and specifications shall be submitted. A certificate of survey of the lot upon which the proposed building or construction is to be done shall be required for construction of a new principal structure.

1. As part of a building permit application for a single-family home, a site survey with information as identified on the city’s survey handout must be submitted and certified by the developer that it is consistent with the approved final plat grading and drainage plan.

2. The developer or contractor must submit as built information that work was performed consistent with the approved final plans of the subdivision.

Subd. 4. Fees. The fee for a building permit shall be as set in the fee schedule adopted from time to time by City Council ordinance.

Subd. 5. Issuance. The Building Official shall issue the building permit only after determining that the building plans, together with the application, comply with the terms of this chapter.

1. a. A permit is issued with the understanding that the elevations of the proposed lot and the established or proposed street grade shall not conflict in such manner as to cause damage by altering the drainage or flow or surface waters to the street or nearby streets or to the adjacent or nearby premises.

b. The proposed unit type and elevations shall be consistent with the approved grading and drainage plans for the site. In the event that part of the proposed structure falls outside of the building pad (as shown on the approved grading plan), the applicant shall provide written documentation, signed by a registered engineer, certifying that there will be no impact upon the drainage patterns caused by the construction outside of the building pad which was approved as part of the grading plan.

2. The Building Official may deny a permit for the construction of a building or structure upon ground which is too low for proper drainage. No obstruction, diversions, ridging, or confining, temporary or permanent, of the existing channel or any natural waterway through or over which any lake, stream, or surface water naturally flows shall be made without approval of the City Engineer and/or any agency or official responsible for the review of such applications.

§ 1002.04 Zoning Certificate.

The owner of any non-conforming use may make application to the Zoning Administrator for a zoning certificate establishing that the non-conforming use lawfully existed prior to the adoption of the provision which made the use non-conforming. Said zoning certificate shall be obtained within one year of the zoning ordinance amendment publication date and shall include the site address, legal description, property identification number (PIN), ordinance amendment number, and publication date. Additional information such as a site plan, certificate of survey, photographs, and/or building plans shall be provided, if required by the Zoning Administrator, to establish the physical site improvements and/or use as of the date of the zoning certificate.

§ 1002.05 Administrative Permits.

Subd. 1. Purpose. The purpose of this subsection 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 or designee with the goal of protecting the health, safety, and welfare of the citizens of the city.

Subd. 2. Procedure. The applications which may be approved by administrative permit include: zoning permits; building permits; temporary use permits; site plans; zoning certificates; provided they comply with all sections of this chapter. The procedure for filing administrative permits is outlined below.

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

2. The application shall be accompanied by a non-refundable filing fee and escrow, as set forth by City Council for administrative permit applications. Applications for amending permits shall be accompanied by a non-refundable fee as set forth by City Council for administrative permits.

3. The Zoning Administrator or designee 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 subsection. The Zoning Administrator or designee shall notify the applicant, in writing, of an incomplete application within 15 business days of the date of submittal. The request shall be considered as being officially submitted when all of the information requirements are deemed to be complete by the Zoning Administrator and the applicable fees and escrows have been paid. The formal review will not commence until such a time as the application is complete.

4. The Zoning Administrator or designee 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 which is proposed;

f. The use, event, or activity shall, in all other respects, conform to the applicable regulations in which it is located; and

g. The use, event, or activity and site conform to the performance standards outlined in Section 1006 and all other applicable provision of this chapter.

5. The Zoning Administrator or designee shall make a determination on approval or denial of the administrative permit within 60 days from the date of submittal of a complete application.

6. 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.

7. Determination of non-compliance with applicable codes, ordinances, and the standards in this item 2.7 shall be communicated to the applicant in writing and the application for the permit shall be considered denied.

8. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by subsection 1002.13 of this chapter.

Subd. 3. Information Requirement. The information required for all administrative permit applications shall include all information as identified on the city’s administrative permit handout.

Subd. 4. Performance Standards. All structures, uses, events, or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such structure, use, event or activity is proposed, as well as the applicable standards in Section 1006 of this chapter.

Subd. 5. 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. Enforcement of the provisions of this item 3 shall be in accordance with subsection 1002.02 of this chapter. Violation of an issued permit or of the provisions of this subsection also shall be grounds for denial of future permit applications.

Subd. 6. Inspection. The city hereby reserves the right, upon issuing any administrative permit, to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.

Subd. 7. Performance Agreement. Upon approval of an administrative permit the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the administrative permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by Section 1006.

§ 1002.06 Amendments (Text and Map).

Subd. 1. Purpose. The purpose of this subsection is to establish regulations and procedures for the processing and consideration of amendments to the text and maps of the Comprehensive Plan and zoning ordinance. The City Council may adopt amendments to the Comprehensive Plan and zoning ordinance (map and text) in relation both to land uses within a particular area of the community or district or to the location of the land use/zoning district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the Comprehensive Plan or changes in conditions in the city.

Subd. 2. Procedure. Proceedings for amending the Comprehensive Plan or zoning ordinance shall be initiated by petition of an owner or owners of property which is proposed for a change in land use and/or zoning designation or for which district regulation changes are proposed, by recommendation of the Planning Commission or by action of the City Council. The procedure for amending the Comprehensive Plan and/or zoning ordinance (map and text) is outlined as follows.

1. Prior to filing an application for amendment, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.

2. The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.

3. The City Council shall approve, deny, or conditionally approve the amendment within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a late date agreed to in writing by the applicant.

4. Following receipt of a complete application, the Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location, and brief description of the proposal in the official newspaper at least ten days prior to the public hearing. Written notices shall be mailed at least ten days prior to the public hearing to all owners of land within 500 feet of the boundary of the property to which the amendment relates, if notification is required by state statute.

a. A copy of the public hearing notice for applications under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.

b. A copy of the public hearing notice for applications under floodplain controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing. All amendments to subsection 1004.02, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency’s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption.

5. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this section.

6. The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed amendment. The judgment of the Planning Commission with regard to the application shall be based upon, but not limited to, the following factors:

a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the objectives of the Comprehensive Plan, including public facilities and capital improvement plans;

b. The proposed action meets the purpose and intent of this chapter or, in the case of a map amendment, it meets the purpose and intent of the individual district;

c. There is adequate infrastructure available to serve the proposed actions; and

d. There is an adequate buffer or transition provided between potentially incompatible uses or districts.

7. The Planning Commission and city staff shall have the authority to request the applicant to provide additional information concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant. Said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

8. Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall hold a public meeting to act on the application. The City Council may, before taking final action and subject to the limitations provided under M.S. § 15.99, as it may be amended from time to time, refer the matter back to the Planning Commission for further consideration based upon new information, or if the City Council finds that specific inconsistencies exist in the review process. The City Council shall provide the Planning Commission with a written statement detailing the reasons for referral.

9. Approval of a proposed amendment shall require a majority vote of all members of the City Council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial shall require a super majority vote of all members of the City Council. A copy of approved amendments under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.

10. The amendment shall not become effective until such time as the City Council approves a resolution (in the case of a Comprehensive Plan amendment) or an ordinance (in the case of a zoning ordinance amendment), and the ordinance is published in the official newspaper.

11. Denial of applications for amendment shall be accompanied by written findings of fact of the City Council including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this chapter and is otherwise injurious to the public health, safety, and welfare.

12. No application which has been denied wholly or in part shall be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the Zoning Administrator.

Subd. 3. Information Requirement. All information as required by the city’s amendment handout.

§ 1002.07 Environmental Review.

Subd. 1. Purpose. The purpose of this subsection is to determine whether certain projects have or may have the potential for significant environmental effects and should undergo special procedures of the State Environmental Review Program.

Subd. 2. Procedures.

1. When an environmental assessment worksheet (EAW), alternative urban areawide review (AUAR), or environmental impact statement (EIS) is required or otherwise ordered or submitted, the applicable review procedures shall be as set forth in the State Environmental Quality Board regulations for the Environmental Review Program, as authorized by Minnesota Statutes and specified in Minn. Rules Chapter 4410, as amended from time to time.

2. An EAW, AUAR, or EIS application, together with the completed data portions of the environmental document, shall be accompanied by a fee and cash escrow as set forth in ordinance. Costs of city time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the project proposer shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the project proposer after all claims and charges thereto have been deducted.

3. Upon completion of the EAW, AUAR, or EIS for distribution, the Zoning Administrator or designee shall provide mailed notice of the availability of the EAW, AUAR, or EIS and date of the meeting at which the Planning Commission will consider the matter to all property owners within 500 feet of the boundaries of the property which is the subject of the EAW, AUAR, or EIS. Said notice shall be mailed at minimum ten days before the date of the Planning Commission meeting during which the EAW, AUAR, or EIS will be considered.

4. Review by Planning Commission. During the 30-day comment period that follows publication of the notice of availability of the EAW, AUAR, or EIS in the EQB monitor, the Planning Commission shall review the EAW, AUAR, or EIS. The Commission shall make recommendations to the City Council regarding potential environmental impacts that may warrant further investigation before the project is commenced.

5. Decision by City Council. The City Council shall act on the EAW, AUAR, or EIS document as required by M.S. Chapter 4410, as it may be amended from time to time.

§ 1002.08 Conditional Use Permits (CUP).

Subd. 1. Purpose. The purpose of a conditional use permit (CUP) is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health, and safety.

Subd. 2. Procedure. The process for filing a conditional use permit is outlined below.

1. Prior to filing an application for conditional use permit, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items, including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.

3. The City Council shall approve, deny, or conditionally approve the conditional use permit within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a later date agreed to in writing by the applicant.

b. A copy of the public hearing notice for applications under floodplain management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.

5. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this section.

6. The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed conditional use permit. The judgment of the Planning Commission with regard to the application shall be based upon (but not limited to) the following factors:

b. The proposed action meets the purpose and intent of this chapter and the intent of the underlying zoning district;

c. The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity;

d. There is an adequate buffer yard or transition provided between potentially incompatible uses or districts;

e. The proposed use is or will be compatible with present and future land uses of the area;

f. The proposed use conforms with all performance standards contained within this chapter; and

g. Traffic generation by the proposed use is within capabilities of streets serving the property.

7. The Planning Commission and city staff shall have the authority to request additional information be provided by 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 to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

9. Approval of a conditional use permit shall require passage by a majority vote of the Council members present at the City Council meeting. Said approval shall be in the form of a resolution setting forth the findings of fact and conditions of approval associated with the conditional use permit.

a. A copy of approved final decisions granting conditional uses under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.

b. A copy of approved final decisions granting conditional uses under local floodplain management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.

10. Denial of applications for conditional use permits shall be accompanied by written findings of fact of the City Council, including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this chapter and is otherwise injurious to the public health, safety, and welfare.

11. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.

Subd. 3. Information Requirements. All information as required by the city’s conditional use permit handout.

Subd. 4. Performance Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the performance standards in Section 1006.

Subd. 5 Permit Modifications. Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the city. Proposed permit modifications shall be classified as major or minor, as determined by the Zoning Administrator. Major permit modifications may include, but shall not be limited to, hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed as follows.

1. Minor Permit Modifications, Additional Qualifications. In addition to other considerations noted above, minor permit modifications shall meet the following criteria:

a. Sites shall be in non-residential zoning districts, and shall not abut any residential zoned property;

b. All sites must be in the urban service area as defined by the Comprehensive Plan;

c. All sites must be legal parcels of record at the time of application;

d. All permit modification proposals shall meet or exceed the standards of all applicable codes, ordinances, and policies and shall be free of variances from those standards;

e. Only applications for amendments to existing conditional uses classified as conditional uses within the respective zoning districts of this chapter are eligible for administrative approval; and

f. Administrative approval of minor permit modifications shall be subject to the requirements of subsection 1002.05.

2. Major Permit Modifications, Qualifications. Any permit modification not classified or qualifying as minor shall be classified as major. Major permit modifications shall be processed according to the procedure set forth for processing conditional use permits and shall be subject to all requirements and standards of this subsection.

Subd. 6. Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this chapter, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing conditional use permits by this subsection. The Zoning Administrator shall provide the applicant a copy of the proceedings and findings of the Planning Commission and City Council.

Subd. 7. Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued; or, unless before the expiration of the one-year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

Subd. 8. Filing CUP with the County. A certified copy of all conditional use permits shall be filed with the County Recorder pursuant to Minnesota Statutes.

Subd. 9. Inspection. The city hereby reserves the right upon issuing any conditional use permit to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.

Subd. 10. Site Improvement Performance Agreement. Upon approval of a conditional use permit, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.

§ 1002.09 Interim Use Permits (IUP).

Subd. 1. Purpose. The purpose of allowing interim uses is to allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 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 said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

Subd. 2. Procedure.

1. Existing Uses. Uses defined as interim uses which presently exist as a legal use or a legal non-conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses.

2. New Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by subsection 1002.08.

Subd. 3. Information Requirements. All information as required by the city’s interim use permit handout.

Subd. 4. General Standards. An interim use shall comply with the following:

1. Meet the standards of a conditional use permit set forth in subsection 1002.08;

2. The use is allowed as an interim use in the respective zoning district and conforms to zoning regulations;

3. The date or event that will terminate the use can be identified with certainty;

4. The use will not impose additional unreasonable costs on the public if it is necessary for the public to take the property in the future; and

5. The user agrees to any conditions that the City Council deems appropriate for permission of the use.

Subd. 5. Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:

1. The date or event stated in the permit; and/or

2. Upon violation of conditions under which the permit was issued.

Subd. 6. Limitations on Renewal. An interim use permit that has expired or has been terminated shall not be eligible for renewal if a change in the city’s zoning regulations has rendered the use non-conforming.

Subd. 7. Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued; or, unless before the expiration of the one-year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator or designee. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

Subd. 8. Site Improvement Performance Agreement. Upon approval of an interim use permit, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the interim use permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.

§ 1002.10 Temporary Uses.

Subd. 1. Purpose. Certain uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis. This may be due to the lack of development on existing property due to a short-term need (such as highway construction), or to the limited degree of adverse effects upon adjacent land use. Accordingly, it is the intention of this subsection to recognize certain temporary uses as being potentially allowable and provide regulations for their control, if permitted.

Subd. 2. Procedure. Where not specifically listed in the underlying zoning district, all temporary uses identified in Subd. 3 below shall be permitted in any zoning district provided they apply for and receive approval of an administrative permit, building permit, and/or appropriate city license.

Subd. 3. Permitted Temporary Uses. The following temporary uses may be permitted subject to administrative permit requirements of subsection 1002.05, the provisions of this subsection and licensing requirements of the city, if any:

1. Temporary Outdoor Seasonal Sales. Temporary outdoor seasonal sales as defined in subsection 1002.05 may be permitted in any business zoning district for a period not to exceed 60 days;

2. Civic Activities. Community activities by non-profit civic groups, upon approval by the City Council of the proposed program as being in harmony with area uses, and upon issuance of appropriate permits and licenses;

3. Food vendors (ice cream trucks, popcorn stands, hot dog stands, pop stands, and the like);

4. Road Materials. Black top or crushing plant for highway materials;

5. Excavating for Sale. Excavating materials sold from a construction project such as excess sand, gravel, or black dirt;

6. Stockpiling. Stockpiling of material for use in roadway construction;

7. Carnival. Carnivals or circuses when operated as a separate commercial business for a period not to exceed 15 days; and

8. Temporary Outdoor On-Sale Events. Temporary outdoor on-sale events may be permitted in any business zoning district. Eligible applicants are limited to businesses already holding an on-sale license from the city to sell beer, wine, or intoxicating liquor. This permit is subject to the following conditions and provisions:

a. Such applicants must abide by all state and local liquor regulations including compact and contiguous requirements for the outdoor area. See subsection 400.12, Regulation of Outdoor Areas in On- Sale Liquor, Wine, and Beer Establishments;

b. Each event must be individually permitted;

c. This permit does not impact any outdoor dining administrative permit held under subsection 1006.07, Subd. 1;

d. The applicant is required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations;

e. Any temporary outdoor on-sale event must be held on property owned, leased, or otherwise controlled by the applicant;

f. The applicant must demonstrate the following, all of which are subject to the review and approval by the Zoning Administrator.

i. The event area shall be sufficiently screened from adjacent residential areas.

ii. All lighting is hooded or otherwise sufficiently directed away from adjacent residential uses.

iii. Pedestrian and traffic circulation is minimally disrupted by providing physical barriers to guide pedestrians and vehicles around the event.

iv. If the event is held in a space that is typically used as a parking lot or other thoroughfare, the applicant must show that the area is not accessible to vehicles during the event.

g. The Zoning Administrator may further restrict the days, hours, nature, volume, and other aspects of entertainment through this temporary outdoor on-sale event to preserve the general welfare.

Subd. 4. Permit and Performance Criteria. The following permit requirements and performance criteria shall apply generally to temporary uses in addition to the special provisions outlined herein:

1. A permit application form and fee, as set by City Council, shall be submitted to the Zoning Administrator, who is hereby authorized to review and approve permits for temporary uses, provided the following criteria are satisfied;

2. No portion of the temporary use shall take place within any public right-of-way or landscaped green strip;

3. Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns;

4. Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property;

5. The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking, or driveway operations;

6. Display areas, trailers, temporary stands, and the like shall be located on an asphalt or concrete surface as approved in the administrative permit;

7. Temporary uses (with a valid administrative permit) may have one on-site temporary sign not to exceed 24 square feet in area and not more than six feet in height;

8. The owner/operator shall have the written permission of the current property owner to locate the temporary use on a specific site;

9. A daily clean-up program shall be presented as part of the administrative permit application;

10. Those temporary uses that are determined by the City Administrator not to be consistent with the intent of the City Code, and Comprehensive Plan may be appealed pursuant to the process outlined in subsection 1002.13;

11. Adjacent vacant land is not yet impacted by development pressures or will not be affected by the proposed use;

12. Adjacent developed land will not be adversely affected by the proposed use because of traffic, noise, dust, smoke, unsightliness, or other nuisance characteristic;

13. The administrative permit shall terminate six months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the Building Official, whichever occurs first. The permit may be extended for an additional 90 days at the discretion of the Zoning Administrator; and

14. There is adequate assurance, guaranteed by performance bond in a form accepted by the City Attorney, if deemed necessary by the Zoning Administrator, that the property will be left in suitable condition after the temporary use is terminated.

(Ord. 2023-08, passed 6-14-2023)

§ 1002.11 Site Plans.

Subd. 1. Purpose. The purpose of this subsection is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter.

Subd. 2. Exceptions. Except in those cases specifically cited within this chapter, the following shall be excepted from the foregoing requirements of this subsection:

1. Agricultural uses;

2. Single-family detached dwellings; and

3. Two-family attached dwellings if in a group of four or less dwelling units.

Subd. 3. Concept Plan.

1. Prior to the formulation of a site plan, applicants may present a concept plan to the Zoning Administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than one foot and may include the following: All information as shown on the city’s concept plan handout.

2. The Zoning Administrator or designee shall review the plans for compliance with city standards and shall have the authority to refer the concept plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.

Subd. 4. Procedure. The process for filing a site plan is outlined below.

1. The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.

2. The Zoning Administrator or City Council shall approve, deny, or conditionally approve the site plan within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a later date agreed to in writing by the applicant.

a. Qualification. Site plans classified as minor projects may be administratively approved by the Zoning Administrator in lieu of City Council review and approval only for sites which meet the following criteria.

i. Sites shall be in non-residential zoning districts, including those within planned unit developments, and shall not be within 200 feet of any residentially used or zoned property.

ii. All sites must be legal parcels of record at the time of application.

iii. All applications for site plan approval must be complete and in full accordance with the requirements of this chapter. All applicable fees shall be paid.

iv. All development proposals and site plan layouts must meet or exceed the standards of all applicable codes, ordinances, and policies and must be free of any major variances from those standards.

v. No other subdivision or zoning applications that require Council approval are required.

b. Major Projects. Any project not classified or qualifying as a minor project shall be classified as a major project.

3. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.

4. The Zoning Administrator or designee shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

5. City staff shall have the authority to request additional information is provided by 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 to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

6. The applicant or a representative thereof shall meet with the Zoning Administrator and/or city staff in order to present information and answer questions concerning the proposed request.

Subd. 5. Information Requirements. The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the Zoning Administrator. All information as required on the city’s site plan handout.

Subd. 6. Site Amendment. An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.

Subd. 7. Lapse of Approval. Unless otherwise specified by the Zoning Administrator, the site plan approval shall become null and void one year after the date of approval, unless the applicant or property owner has substantially started the construction of any building, structure, addition, or alteration or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.

1. In making the determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

2. The request for an extension of site plan approval shall be determined by the Zoning Administrator within 15 days from the receipt of a complete request.

Subd. 8. Site Improvement Performance Agreement. Upon approval of a site plan, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the site plan approval and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.

Subd. 9. Site Plan Review Process. The review and approval of site improvements pursuant to the requirements of city adopted Building and Fire Codes shall be in addition to the site plan review process established under this chapter. The site plan approval process does not imply compliance with the requirements of these Building and Fire Codes.

Subd. 10. Formal Agreement. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications, or alterations shall be made to any plan detail, standard, or specifications without prior submittal of a plan modification request to the Zoning Administrator for review and approval.

§ 1002.12 Variance.

Subd. 1. Purpose. The purpose of this subsection is to provide relief from the strict application of the terms of this chapter, in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated to be in keeping with the spirit and intent of this chapter.

Subd. 2. Procedure. The process for filing a variance application is outlined below.

1. Prior to filing an application for variance, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.

3. The City Council shall approve, deny, or conditionally approve the variance within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as amended from time to time, or a later date agreed to in writing by the applicant.

4. Following receipt of a complete application, the Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location, and brief description of the proposal in the official newspaper at least ten days prior to the public hearing. Written notices shall be mailed at least ten days prior to the public hearing to all owners of land within 500 feet of the boundary of the property to which the variance application. A copy of the public hearing notice for applications under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.

5. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this subsection.

6. The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed variance. An application for variance shall not be approved unless a finding is made that failure to grant the variance will result in practical difficulties for the applicant in complying with the requirements of this chapter. Practical difficulties means that the applicant proposes to use the property in a reasonable manner not permitted by the chapter. In addition, as may be applicable, all of the following criteria must be met:

a. Because of the particular physical surroundings, lot shape, narrowness, shallowness, slope, or topographical conditions of the specific parcel of land involved, practical difficulties to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

b. The conditions upon which a petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;

c. The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;

d. The alleged practical difficulties are caused by this chapter and have not been created by any persons having an interest in the parcel of land and are not self-created difficulties;

e. The granting of the variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood;

f. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located;

g. The variance is the minimum action required to eliminate the practical difficulties;

h. The variance does not involve a use which is not allowed within the respective zoning district;

i. The variance is in harmony with the general purposes and intent of this chapter;

j. The variance is consistent with the Comprehensive Plan;

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

l. The variance will not alter the essential character of the locality.

7. Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of subsection 1004.03. No variance may be granted that would allow any use that is not allowed in the underlying zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.

8. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require re-construction of a non-conforming sewage treatment system.

9. The Planning Commission and city staff shall have the authority to request additional information be provided by 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 to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

10. Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall hold a public meeting to act on the application. The City Council may, before taking final action and subject to the limitations provided under M.S. § 15.99, as it may be amended from time to time, refer the matter back to the Planning Commission for further consideration based upon new information, or if the City Council finds that specific inconsistencies exist in the review process. The City Council shall provide the Planning Commission with a written statement detailing the reasons for referral.

11. Approval of a variance application shall require passage by a majority vote of the Council members present at the City Council meeting. Said approval shall be in the form of a resolution setting forth the findings of fact and conditions of approval associated with the variance.

a. A copy of all final decisions granting a variance under local shoreland management controls shall be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.

b. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in item 11.a above shall also include the Board of Adjustment’s summary of the public record/testimony and the finding of facts and conclusions which supported the issuance of the variance.

c. In passing a variance to the floodplain management section of this chapter, the City Council shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting the variance, the City Council may prescribe appropriate conditions and safeguards such as those specified in subsection 1002.08. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under subsection 1004.02. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.

d. The Zoning Administrator shall notify the applicant for a variance that:

i. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and

ii. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.

12. Denial of applications for variance shall be accompanied by written findings of fact of the City Council including supporting data setting forth the reasons for the denial in terms of the ways in which the application fails to meet the applicable difficulties or hardship standard, intent of the Comprehensive Plan and/or this chapter or would be otherwise injurious to the public health, safety, and welfare.

13. Whenever an application for a variance has been considered and denied by the City Council, a similar application for variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.

Subd. 3. Information Required. Information required for all variance applications shall include all information as required by the city’s variance handout.

Subd. 4. Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any variance for cause upon determination that the authorized variance is not in conformance with the conditions of the approval or is in violation of this chapter, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application, and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing variances by this subsection. The Zoning Administrator shall provide the applicant a copy of the proceedings and findings of the Planning Commission and City Council.

Subd. 5. Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, variances which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the variance is approved; or, unless before the expiration of the one year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance application. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

Subd. 6. Filing Variance with the County. A certified copy of all variance resolutions shall be filed with the County Recorder pursuant to Minnesota Statutes. A building permit for the subject construction shall not be issued until proof of recording has been provided to the City Administrator.

Subd. 7. Inspection. The city hereby reserves the right upon issuing any variance approval to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.

Subd. 8. Site Improvement Performance Agreement. Upon approval of a variance application, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the variance approval and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.

§ 1002.13 Appeals.

Subd. 1. Establishment. The City Council shall serve as the Board of Adjustments and Appeals.

1. The Board of Adjustment shall adopt rules for the transaction of its business and keep a public record of its transactions, findings, and determinations.

2. The meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board, in its rules of procedure, may specify.

3. The Board of Adjustment shall have power to grant a variance to any of the provisions of this chapter to the extent of the following and no further:

a. To vary or modify the strict application of any of the regulations or provision contained in this chapter in cases in which there are practical difficulties or unnecessary hardships in the way of such strict applications; no variance or modification of the use permitted within a district shall be allowed, except as otherwise provided in this chapter;

b. To interpret zoning district boundaries on official zoning maps; and

c. To permit the extension of a zoning district where the boundary line thereof divides a lot in one ownership at the time of the passage of this chapter, but the extension of any district shall not exceed 100 feet.

4. The Board of Adjustment shall act upon all questions as they may arise in the administration of any ordinance or official control, and it shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official charged with enforcing any ordinance adopted pursuant to the provisions contained in this chapter.

Subd. 2. 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.

Subd. 3. Filing. An appeal from the action of an administrative officer of the city shall be filed by the property owner or their agent with the Zoning Administrator within ten days after the making of the order, requirement, or interpretation being appealed.

Subd. 4. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment 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, which may be granted by a court of record on application, and upon subsequent notice to the city.

Subd. 5. Procedure. The procedure for making 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 shall be accompanied by a fee as established by City Council resolution. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 15 business days of the date of submittal.

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

3. Pursuant to M.S. § 15.99, as it may be amended from time to time, the Board of Adjustment and Appeals shall make its decision by resolution within 60 days from the date on which a completed application is filed, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time.

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

Subd. 6. 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 Adjustment and Appeals 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 and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented, or replaced.

§ 1002.14 Penalties.

Subd. 1. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.

Subd. 2. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:

1. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community’s plan of action to correct the violation to the degree possible.

3. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the Zoning Administrator may either:

a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

b. Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

4. 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 chapter and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.