(1)

The specific duties of the zoning administrator include:

A.

Providing zoning information upon request.

B.

Receiving applications for conditional use permits, variances, amendments and appeals, referring such applications to the appropriate official body, notifying affected property owners of required public hearings, and publishing notice of necessary hearings on the applications.

C.

Notifying applicants for conditional use permits, variances, amendments and appeals of actions taken by the official bodies relative to their applications.

D.

Conducting inspections to determine and assure compliance of this Ordinance.

E.

Investigating violations, notifying persons accused of violations and describing the nature of such, and initiating appropriate actions against violators as provided by law.

F.

Maintaining permanent and current records of this Ordinance and the official zoning map including but not limited to special use permits, variances, amendments, appeals and applications therefore.

(2)

Establishment. The city manager or his/her designee shall serve as the "zoning administrator".

(Ord. No. 02-2017, § 3, 2-21-2017)

(1)

Statutory reference. M.S.A. § 462.354, requires any municipality having in effect a zoning ordinance to provide by ordinance for a board of adjustments and appeals ("board of appeals"). Such statute also states that the governing body may provide alternatively that there be a separate board of appeals or that the governing body or the planning commission or a committee of the planning commission serve as the board of adjustments and appeals, and it may provide an appropriate name for the board. The board may be given such other duties as the governing body may direct.

(2)

Establishment. The city council is hereby established as the required board of appeals. The city council, acting as the board of appeals shall be vested with such administrative authority as is hereinafter provided or as provided by state law.

(3)

Duties. The duties of the board of appeals shall be:

A.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the zoning administrator of the city in the enforcement, interpretation or application of this Ordinance.

B.

To hear and decide requests for variances from the requirements of this Ordinance including restrictions placed on nonconformities.

C.

To hear and decide requests for permits that have been denied on properties that have been identified as being needed for public purposes on an official map adopted in accordance with M.S.A. § 462.359. Appeals for this reason shall be conducted as provided in M.S.A. § 462.359 as amended from time to time.

(4)

Proceedings. The board of appeals may adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the mayor and at such other times as the board may determine. The mayor, or in his/her absence, the acting mayor, may request the attendance of witnesses. All meetings shall be open to the public.

(5)

Records. The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the city clerk.

(1)

Appeals to the board of appeals may be taken by any person aggrieved or by any official or department of the city affected by any decision of the zoning administrator related to the enforcement, interpretation or application of this Ordinance. Such appeals shall be taken within 60 days of such decision by filing with the zoning administrator a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. New or additional information may not be submitted. The planning commission shall make a recommendation to the board. The board shall fix a reasonable time for the hearing of appeal, given public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

A building permit must be obtained by all persons intending to erect, alter, demolish or move any building or structure.

(1)

Persons requesting a building permit shall fill out a building permit application available from the building official. All applications for building permits shall be accompanied by a certificate of survey and a site plan. The site plan shall show dimensions of existing and/or proposed structures to be erected or structurally altered, their location on the zoning lot in relation to the outside boundary, the required off-street parking plan, and such other information as may be necessary to provide for the enforcement of these regulations.

(2)

Completed building permit applications together with the building permit fee shall be submitted to the building official. If the proposed structure conforms in all respects to this Ordinance, and after approval by the city council where required, a building permit shall be issued by the building official.

(3)

If the proposed structure involves the need for a zoning amendment, variance, or conditional use permit, the application signed by the owner, together with a site plan, shall be submitted to the planning commission and/or board of appeals, as appropriate, for review and appropriate action according to the procedures set forth herein.

(4)

Certificate of occupancy. No new structure or addition, and no change in use of an existing structure shall be occupied other than for a public utility use until a certificate of occupancy has been issued stating that the new occupancy complies with all applicable provisions of this Code.

(1)

When granted. Variances from the provisions of this Ordinance may be granted by the board of appeals where practical difficulties in complying with such provisions are determined to exist. The board may impose such restrictions and conditions upon the premises benefited by a variance as it considers necessary so that the public health, safety and general welfare may be secured and substantial justice done.

(2)

Exhibits. Application for variances shall be accompanied by the certificate of survey and site plan as required for building permit applications.

(3)

Procedure. The procedure for applying for a variance from the regulations of this Ordinance shall be as follows:

A.

The person applying for a variance shall fill out and submit to the zoning administrator the variance application form signed by the owner, site plan, and other such information necessary to review the application for compliance with this Ordinance, and such submittal shall include all information as required on the application form unless a waiver of certain information is granted by the zoning administrator.

B.

The zoning administrator shall determine if the application is complete and, if complete, refer the application to the planning commission.

C.

The planning commission shall hold a public hearing on the application. Notice of the public hearing shall be published in the official newspaper designated by the city at least ten days prior to the hearing. Notice of the hearing shall also be mailed to owners of property located within 350 feet of the outside boundaries of the land to which the variance will be applicable if the variance is for an area of five acres or less. The notice shall include a description of the land and the proposed variance.

D.

The report of the planning commission shall be placed on the agenda of the city council following referral from the planning commission. In the event that the planning commission does not make a recommendation on an application within 60 days of the date that the application was determined to be complete under M.S.A. § 15.99, then the application shall automatically be referred to the city council for a public hearing if a public hearing was not previously completed and a decision.

E.

No application for a variance shall be resubmitted for the same property and for the same type of variance for a period of one year from the date of a decision of the city council to deny an application. A variance shall expire and be considered null and void one year after it has been issued if no construction has begun.

(4)

Standards for granting a variance. The board of appeals may grant a variance from this Ordinance when supporting evidence in each specific case indicates that:

A.

The proposed variance is in harmony with the general purposes and intent of the Ordinance.

B.

The proposed variance is consistent with the comprehensive plan, as amended from time to time.

C.

The applicant or owner establishes that there are practical difficulties in complying with this Ordinance. Practical difficulties, as used in connection with the granting of a variance, requires an affirmative finding of the following criteria:

a.

The property owner or applicant proposes to use the property in a reasonable manner not permitted by this Ordinance;

b.

The plight of the property owner or applicant is due to circumstances unique to the property and not created by any persons presently or formerly having an interest in the parcel of land.

c.

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

d.

Economic considerations alone do not constitute practical difficulties.

D.

No variance may be granted that would allow a use that is not permitted in the zoning district in which the property is located.

(5)

Other considerations. Per M.S.A. § 462.359, the following shall also be considered:

A.

Inadequate access to direct sunlight for solar energy systems does constitute a practical difficulty.

B.

Variances shall be granted for earth sheltered construction as defined in M.S.A. § 216C.06, subdivision 14, when in harmony with this Ordinance.

(6)

Standards for granting variations to this Ordinance in planned development districts.

A.

When applied. The provisions of this subdivision shall apply to any variation requested at the time of initial application through the planned residential development ("PRD") or planned commercial development ("PCD") process. Any variations granted through the PRD or PCD process shall be specifically listed in the ordinance adopted by the city council approving the PRD or PCD.

Individual properties that are located within a PRD may apply for variances not approved within the PRD or PCD ordinance, but will be subject to meeting the standards for granting a variance that are required in section 50-40(4).

B.

Criteria. The city council may vary the regulations of this Ordinance in a PRD or PCD if the city council finds that supporting evidence in the specific case indicates that:

a.

The development of the district is appropriate under the terms of this Ordinance.

b.

The development is not less desirable because of the variations.

c.

The granting of the variations will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located.

d.

The proposed variations will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

(1)

Purpose. Certain uses identified as conditional uses for a particular zoning district, while generally not suitable in a particular zoning district, may under some circumstances be suitable if conditions are attached. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for a particular use and not for a particular person.

(2)

Criteria for granting conditional use permits. In granting a conditional use permit, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the city council shall make the following findings where applicable:

A.

The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare.

B.

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

C.

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

D.

Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.

E.

Adequate measures have been or will be taken to provide ingress or egress so designated as to minimize traffic congestion in the public streets.

F.

The use of the property shall, in all respects other than the conditional use, conform to the applicable regulations of the district in which it is located.

(3)

Additional conditions.

A.

In permitting a new conditional use or the alteration of an existing conditional use, the city council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the planning commission considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited, to the following:

a.

Increasing the required zoning lot size and setback dimension.

b.

Limiting the height, size or location of structures.

c.

Controlling the location and number of vehicle access points.

d.

Increasing the street width.

e.

Increasing the number of required off-street parking spaces.

f.

Limiting the number, size, location or lighting of signs.

g.

Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

h.

Designating sites for open space.

i.

Placing hours of operation restrictions on the proposed use.

B.

Any change involving structural alterations, enlargement, intensification of use, or similar changes not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. The administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the city council, time limits, review dates, and such other information as may be appropriate.

(4)

Procedure.

A.

The person applying for a conditional use permit shall fill out and submit to the zoning administrator the conditional use permit application form signed by the owner, site plan, and other such information necessary to review the application for compliance with this Ordinance, and such submittal shall include all information as required on the application form unless a waiver of certain information is granted by the zoning administrator.

B.

The zoning administrator shall determine if the application is complete and, if complete, refer the application to the planning commission.

C.

The planning commission shall hold a public hearing on the application. Notice of the public hearing shall be published in the official newspaper designated by the city at least ten days prior to the hearing. Notice of the hearing shall also be mailed to owners of property located within 350 feet of the outside boundaries of the land to which the conditional use will be applicable if the conditional use permit is for an area of five acres or less. The notice shall include a description of the land and the proposed conditional use.

D.

The report of the planning commission shall be placed on the agenda of the city council following referral from the planning commission. In the event that the planning commission does not make a recommendation on an application within 60 days of the date that the application was determined to be complete under M.S.A. § 15.99, then the application shall automatically be referred to the city council for a public hearing if a public hearing was not previously completed and a decision.

E.

An amended conditional use permit application shall be administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include request for changes in conditions, and as otherwise described in this chapter.

F.

No application for a conditional use permit shall be resubmitted for the same property and for the same type of conditional use for a period of one year from the date of a decision of the city council to deny an application. A conditional use permit shall expire and be considered null and void one year after it has been issued if no construction has begun.

G.

If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a hearing with notice of said hearing provided to the current property owner of record by first-class mail at least ten days prior to the hearing; it shall be the responsibility of the zoning administrator to schedule such hearings and the owner of land having a conditional use permit shall not be required to pay a fee for said review. A hearing for annual review of a conditional use permit may be required at the discretion of the city council.

H.

In the event that the any of the conditions of the CUP are violated, the city has authority to revoke the conditional use permit.

a.

A violation of any condition set forth in a conditional use permit shall be a violation of this Ordinance. If within 30 days of written notice from the zoning administrator the violation has not been corrected, the city may pursue the following procedure to terminate the permit:

(i)

Written notice of revocation shall be served upon the owner at least ten working days prior to the Conditional Use Permit being revoked.

(ii)

Notice to the owner on record shall be served personally or by first class mail. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation constituting the basis of the revocation, the facts which support the conclusions that a violation has occurred and a statement that if the Owner desires to appeal, the appeal must, within ten working days, exclusive of the day of service, file a request for a hearing.

(iii)

The hearing request shall be in writing, stating the grounds for appeal and served personally or received by first class mail by the city clerk at the city hall not later than 4:30 p.m. of the tenth city working day following notice of revocation.

(iv)

Following the receipt of a request for hearing, the city council shall set a time and place for the hearing within thirty days of receipt of the hearing request.

I.

Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. The city may, at its discretion, review the property periodically to determine compliance with the terms of the conditional use permit. Conditional Use Permits shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this section shall prevent the city council from enacting or amending official controls to change the status of conditional uses.

(1)

Criteria for granting zoning amendments. The city council may adopt amendments to this chapter and zoning map. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect change in the goals and policies of the community as reflected in the comprehensive plan or changes in conditions in the city.

(2)

Procedure.

A.

An amendment to the text of this chapter or the zoning map may be initiated by the city council, the planning commission, city staff or by application of a property owner. Any amendment not initiated by the planning commission shall be referred to the planning commission for review and may not be acted upon by the council until it has received the planning commission recommendations. Individuals wishing to initiate an amendment to this chapter shall fill out a zoning amendment application form and submit it to the administrator.

B.

A public hearing on the rezoning application shall be held by the planning commission. Notice of said hearing shall be published in the official newspaper designated by the city council at least ten days prior to the public hearing. When the amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed by the city clerk at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. The notice shall include the description of the land and the proposed changes in zoning. In the event that the planning commission does not make a recommendation on an application within 60 days of the date that the application was determined to be complete under M.S.A. § 15.99, then the application shall automatically be referred to the city council for a public hearing if a public hearing was not previously completed and a decision.

C.

The city council must take action on the application following referral by the planning commission. The person making the application shall be notified of the action taken. The administrator shall maintain records of amendments to the text and zoning map of this chapter.

D.

No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the planning commission within the one-year period following a denial of such request, except the planning commission may permit a new application, if in the opinion of the planning commission, new evidence or a change of circumstances warrant it.

(1)

Misdemeanor. Violations of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided under state statute. Each day such violation continues shall be considered a separate offense.

(2)

Owner/Tenant. The owner or tenant of any building, structure, premises, or part thereof, and any builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.

(3)

Additional penalties. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation of this Ordinance.

Any person aggrieved by a decision or order of the city council or board of appeals acting pursuant to this Ordinance may have such decision or order reviewed by an appropriate court, subject to the provisions of state law.