This chapter shall be administered and enforced by the zoning administrator who is appointed by the council. The zoning administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute or provisions of this Code.

(Code 1985, § 11.90)

Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof.

(Code 1985, § 11.99)

(a)

City council serves as board of adjustment and appeals; vote required. The council shall serve as the board of adjustment and appeals. A majority vote of four-fifths of the full board of adjustments and appeals shall be required to reverse any decision of an administrative officer in the interpretation of this chapter.

(b)

Procedure. An appeal from the ruling of an administrative officer of the city may be made by the proper owner or his agent within 30 days after the making of the order appealed from by filing with the zoning administrator a notice of appeal stating the specific grounds upon which the appeal is made. The board of adjustment and appeals shall make its decision by resolution within 60 days. A copy of the resolution shall be mailed to the applicant by the zoning administrator.

(c)

Decisions final; judicial appeal. All decisions by the board of adjustment and appeals shall be final except that an aggrieved person shall have the right to appeal within 30 days of the decision with the county district court.

(Code 1985, § 11.09)

The council or planning commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person, owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect the real estate.

(Code 1985, § 11.06(2))

(a)

Request for amendments to the zoning ordinance or zoning map shall be filed with the zoning administrator on an official application form. The application shall be accompanied by a fee in the amount provided in the city fee schedule.

(b)

The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within 350 feet of the subject property obtained from and certified by a county or city official. The city may, at its discretion, provide this list and may require a different method of submission, such as electronic submission.

(c)

The request for amendment shall be placed on the agenda of the first possible planning commission meeting occurring after ten days following the date of submission of the application and public hearing publication. The request shall be considered as being officially submitted when all the information requirements are complied with. The city may, at its discretion, place one or more signs on the subject property notifying the public of the pending land use action.

(Code 1985, § 11.06(1)(A))

The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action of the council.

(Code 1985, § 11.06(1)(C))

(a)

Upon receipt of the application, the city clerk shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the council.

(b)

Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question or as required by state law. Notice will not be mailed for amendments to the text of the zoning ordinance, and the city may choose not to mail notice for amendments to zoning map when the proposed amendment affects an area of more than five acres. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth in this division.

(Code 1985, § 11.06(1)(B))

The planning commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:

(1)

The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan.

(2)

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

(3)

The proposed use conforms with all performance standards contained herein.

(4)

The proposed use will not tend to or actually depreciate the property values in the area in which it is proposed.

(5)

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

(6)

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

(Code 1985, § 11.06(1)(D))

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, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(Code 1985, § 11.06(1)(E))

The applicant or representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.

(Code 1985, § 11.06(1)(F))

The planning commission may recommend approval or denial of the request. The recommendation shall be accompanied by the report and recommendation of the city staff. In the event the planning commission cannot agree on a recommendation, the commission may choose to pass the item on to the council with no recommendation.

(Code 1985, § 11.06(1)(G))

The council shall not act upon an amendment until it has received a report and recommendation from the planning commission and the city staff or until 60 days after the first regular planning commission meeting at which the request was considered, whichever comes first. However, the council may take up consideration of the application without planning commission action if the statutory period for a decision as specified in M.S.A. § 15.99 will expire prior to the opportunity for further review.

(Code 1985, § 11.06(1)(H))

Upon receiving the report and recommendation of the planning commission and the city staff, the council shall place the report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered in and made part of the permanent written record of the council meeting. Upon receiving the report and recommendation of the planning commission and the city staff, the council shall have the option to set and hold a public hearing if deemed necessary.

(Code 1985, § 11.06(1)(I), (J))

If, upon receiving the reports and recommendations of the planning commission and city staff, the council finds that specific inconsistencies exist in the review process and thus the final recommendation of the council will differ from that of the planning commission, the council may, before taking final action, refer the matter back to the planning commission for further consideration. The council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

(Code 1985, § 11.06(1)(K))

(a)

Approval of a proposed amendment to the zoning map when such amendment has the effect of rezoning property from a residential district to a commercial or industrial district shall require passage by a four-fifths vote of the entire council. For all other amendments, whether to the zoning map or zoning ordinance text, approval shall require a simple majority of council.

(b)

The amendment shall not become effective until such time as the council approves an ordinance reflecting the amendment and after the ordinance is published in the official newspaper.

(Code 1985, § 11.06(1)(L), (M))

Whenever an application for an amendment has been considered and denied by the council, a similar application for the amendment affecting substantially the same property shall not be considered again by the planning commission or council for at least six months from the date of its denial; unless a decision to reconsider such matter is made by not less than four-fifths vote of the full council.

(Code 1985, § 11.06(1)(N))

All decisions by the council involving amendments shall be final, except that an aggrieved person shall have the right to appeal within 30 days of the decision to the county district court.

(Code 1985, § 11.06(3))

(a)

The purpose of a conditional use permit 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.

(b)

In making a determination as to whether the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into or 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.

(Code 1985, § 11.07(1))

(a)

Request for conditional use permit shall be filed with the zoning administrator on an official application form. The application shall be accompanied by a fee in the amount provided in the city fee schedule.

(b)

The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within 350 feet of the subject property obtained from and certified by a county or city official. The city may, at its discretion, provide this list. The city may require a different method of submission, such as electronic submission.

(c)

The request for conditional use permit shall be placed on the agenda of the first possible planning commission meeting occurring after ten days following the date of submission of the application and public hearing publication. The request shall be considered as being officially submitted when all the information requirements are complied with. The city may, at its discretion, place one or more signs on the subject property notifying the public of the pending land use action.

(d)

Applications for conditional use permit applications generally include the following items, which shall be submitted when requested by the city:

(1)

Site development plan.

a.

Location of all buildings on lots, including both existing and proposed structures.

b.

Location of all adjacent buildings located within 350 feet of the exterior boundaries of the property in question.

c.

Location and number of existing and proposed parking spaces.

d.

Vehicular circulation.

e.

Architectural elevations (type and materials used in all external surface).

f.

Location and type of all proposed lights.

g.

Curb cuts, driveways, number of parking spaces.

(2)

Dimension plan.

a.

Lot dimensions and area.

b.

Dimensions of proposed and existing structures.

c.

"Typical" floor plan and "typical" room plan.

d.

Setbacks of all buildings located on property in question.

e.

Proposed setbacks.

f.

Sanitary sewer and water plan with estimated use per day.

(3)

Grading plan.

a.

Existing contour, wetlands, and other natural features.

b.

Proposed grading elevations.

c.

Drainage configuration, including existing and proposed impervious surfaces.

d.

Storm sewers catchbasins and invert elevations.

e.

Spot elevations.

f.

Proposed road profile.

(4)

Landscape plan.

a.

Location of all existing trees, type, diameter, crown cover, and which trees will be removed.

b.

Location, type and diameter of all proposed plantings.

c.

Location and material used of all screening devices.

(5)

Legal description of property under consideration.

(6)

Proof of ownership of the land for which a conditional use permit is requested.

(Code 1985, § 11.07(2)(A), (3))

The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action of the council.

(Code 1985, § 11.07(2)(C))

(a)

Upon receipt of the application, the city clerk shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the council.

(b)

Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question or as required by state law. Notice will not be mailed for conditional use permits to the text of the zoning ordinance, and the city may choose not to mail notice for conditional use permits to zoning map when the proposed conditional use permit affects an area of more than five acres. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth in this chapter.

(Code 1985, § 11.07(2)(B))

The planning commission shall consider possible adverse effects of the proposed conditional use permit. Its judgment shall be based upon, but not limited to, the following factors:

(1)

The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive plan.

(2)

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

(3)

The proposed use conforms with all performance standards contained herein.

(4)

The proposed use will not tend to or actually depreciate the property values in the area in which it is proposed.

(5)

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

(6)

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

(Code 1985, § 11.07(2)(D))

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, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(Code 1985, § 11.07(2)(E))

The applicant or representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.

(Code 1985, § 11.07(2)(F))

Upon making a recommendation, the planning commission shall make a finding of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by the report and recommendation of the city staff. In the event the planning commission cannot agree on a recommendation, the commission may choose to pass the item on to the council with no recommendation.

(Code 1985, § 11.07(2)(G))

The council shall not act upon a conditional use permit until it has received a report and recommendation from the planning commission and the city staff or until 60 days after the first regular planning commission meeting at which the request was considered, whichever comes first. However, the council may take up consideration of the application without planning commission action if the statutory period for a decision as specified in M.S.A. § 15.99 will expire prior to the opportunity for further review.

(Code 1985, § 11.07(2)(H))

Upon receiving the report and recommendation of the planning commission and the city staff, the council shall place the report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered in and made part of the permanent written record of the council meeting. Upon receiving the report and recommendation of the planning commission and the city staff, the council shall have the option to set and hold a public hearing if deemed necessary.

(Code 1985, § 11.07(2)(I), (J))

If, upon receiving the reports and recommendations of the planning commission and city staff, the council finds that specific inconsistencies exist in the review process and thus the final recommendation of the council will differ from that of the planning commission, the council may, before taking final action, refer the matter back to the planning commission for further consideration. The council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

(Code 1985, § 11.07(2)(K))

(a)

Approval of a proposed conditional use permit to the zoning map when such conditional use permit has the effect of rezoning property from a residential district to a commercial or industrial district shall require passage by a four-fifths vote of the entire council. For all other conditional use permits, whether to the zoning map or this chapter, approval shall require a simple majority of council.

(b)

The conditional use permit shall not become effective until such time as the council approves an ordinance reflecting the conditional use permit and after the ordinance is published in the official newspaper.

(Code 1985, § 11.07(2)(L))

Whenever an application for a conditional use permit has been considered and denied by the council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the planning commission or council for at least six months from the date of its denial; unless a decision to reconsider such matter is made by not less than four-fifths vote of the full council.

(Code 1985, § 11.07(2)(M))

(a)

Except in the case of non-income producing residential property, upon approval of a conditional use permit the city shall be provided where deemed necessary by the council with a surety bond, cash escrow, certificate of deposit, securities, cash deposit, letter of credit, or other security acceptable to the city, prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall be non-cancellable and shall guarantee conformance and compliance with the conditions of the conditional use permit and provisions of this Code.

(b)

The security shall be in the amount equal to 125 percent of the city engineer's or building official's estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the city engineer and building official.

(c)

The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and provisions of this Code has been issued by the building official.

(d)

Failure to comply with the conditions of the conditional use permit or provisions of this Code shall result in forfeiture of the security.

(e)

Whenever a performance guarantee is imposed by the city, the applicant shall be required to enter into a performance agreement with the city. This agreement is to provide authorization to the city to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. The agreement shall hold the city harmless for completion of the work and address other matters as may be determined by the city attorney.

(Code 1985, § 11.07(5))

(a)

Whenever, within one year after granting a conditional use permit, the use as permitted by the permit shall not have been completed or utilized, then such permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the council.

(b)

The extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition.

(c)

The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the planning commission for a recommendation and to the council for a decision.

(d)

A conditional use permit shall become a vested right to use the land according to the terms of the approved permit which shall run with the land and may be utilized by subsequent occupants of the property, except when such permit has lapsed for the one-year period noted herein, in which case, no such use shall be allowed on the property unless the city council approves a new conditional use permit.

(Code 1985, § 11.07(4))

All decisions by the council involving conditional use permits shall be final, except that an aggrieved person shall have the right to appeal within 30 days of the decision to the county district court.

(Code 1985, § 11.07(6))

The purpose of this division is to provide for variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties in putting the property to a reasonable use because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The city council will sit as the board of adjustments and appeals in making decisions of approval or denial of variance applications.

(Code 1985, § 11.08(1)(A))

(a)

Requests for a variance shall be filed with the zoning administrator on an official application form. The application shall be accompanied by a fee in the amount provided in the city fee schedule.

(b)

The application shall also be accompanied by five copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within 350 feet of the subject property obtained from and certified by a county or city official. The city may, at its discretion, provide this list. The city may, at its discretion, provide this list and may require a different method of submission, such as electronic submission. The city may at its discretion place one or more signs on the subject property notifying the public of the pending land use action.

(c)

The application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building.

(Code 1985, § 11.08(1)(B)3, (2)(A)1(a))

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, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(Code 1985, § 11.08(2)(A)1(e))

The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action of the council.

(Code 1985, § 11.08(2)(A)1(d))

In considering requests for a variance and in taking subsequent action, the city staff, the planning commission and the city council shall make a finding of fact that the proposed action will not:

(1)

Impair an adequate supply of light and air to adjacent property.

(2)

Unreasonably increase the congestion in the public street.

(3)

Increase the danger of fire or endanger the public safety.

(4)

Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter.

(5)

Violate the intent and purpose of the comprehensive plan.

(6)

Violate any of the terms or conditions of this division.

(Code 1985, § 11.08(1)(B)1)

A variance from the terms of this chapter shall not be granted unless it can be demonstrated that:

(1)

Practical difficulties in putting the property to a reasonable use will result if the variance is denied due to the existence of special conditions and circumstances in putting the property to a reasonable use which are peculiar to the land, structure or building involved.

a.

Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property.

b.

Practical difficulties caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this chapter.

c.

Special conditions and circumstances causing practical difficulties shall not be a result of lot size or building location when the lot qualifies as a buildable parcel.

(2)

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter or deny the applicant of the ability to put the property in question to a reasonable use.

(3)

The special conditions and circumstances causing the practical difficulties do not result from the actions of the applicant.

(4)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(5)

The request is not a use variance.

(6)

Variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant and to provide for a reasonable use of the property.

(Code 1985, § 11.08(1)(B)2)

(a)

The planning commission shall conduct the hearing following proper notification and report its findings and make recommendations to the council. Notice of the hearing shall consist of a legal property description, description of request and street address of property location, and be published in the official newspaper at least ten days prior to the hearing and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question.

(b)

Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this chapter.

(c)

The applicant or representative thereof shall appear before the planning commission to answer questions concerning the proposed variance.

(d)

The planning commission, based upon a report and recommendation by the city staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the interest of the intent and purpose of this chapter.

(e)

The planning commission shall make findings of fact and recommend approval or denial of the request. The planning commission shall reach a decision within 60 days after the first regular meeting at which the variance request was considered by the commission.

(Code 1985, § 11.08(1)(B)4, (2)(A)1(b), (c), (f), (g))

(a)

The commission's recommendation and the city staff's report shall be presented to the council. However, the council may take up consideration of the application without planning commission action if the period for a decision as specified in M.S.A. § 15.99 will expire prior to the opportunity for further review.

(b)

Should the council find that the conditions required under this division apply to the proposed lot or parcel, the council may grant a variance from the strict application of this chapter so as to relieve such difficulties to the degree considered reasonable, provided such relief may be granted without impairing the intent of this chapter.

(c)

The council shall make findings of fact and approve or deny a request for variance within 30 days after the close of the public hearing on the request. A variance shall be granted by a simple majority vote of the full council, sitting as the board of adjustment and appeals.

(d)

All decisions by the council involving a variance request shall be final except that an aggrieved person shall have the right to appeal within 30 days of the decision to the county district court.

(Code 1985, § 11.08(1)(B)4, (2)(A)1(h)—(j))

(a)

Upon approval of a variance, the city shall be provided, where deemed necessary by the city, with a surety bond, cash escrow, certificate of deposit, securities, cash deposit, letter of credit, or other security acceptable to the city, prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the variance and provisions of this Code.

(b)

The security shall be in the amount equal to 125 percent of the city engineer's or building official's estimated costs of labor and materials for the proposed improvements or development.

(c)

The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and this Code has been issued by the building official.

(d)

Failure to comply with the conditions of the variance or appeal and provisions of this Code shall result in forfeiture of the security.

(e)

Whenever a performance guarantee is imposed by the city, the applicant shall be required to enter into a performance agreement with the city. This agreement is to provide authorization to the city to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. The agreement shall hold harmless the city for completion of the work and address other matters as may be determined by the city attorney.

(Code 1985, § 11.08(4))

Upon approval, a structure utilizing a variance shall be considered a conforming structure, however, any subsequent additional encroachments shall require separate variance approval.

(a)

If within one year after granting a variance the use as permitted by the variance shall not have been completed or utilized, then such a variance shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the council.

(b)

The extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition.

(c)

The request for extension shall state facts showing a good faith attempt to complete or use the use permitted in the variance or appeal. The petition shall be presented to the council for decision.

(Code 1985, § 11.08(3))