(a)

The office of zoning administrator is hereby established.

(b)

It shall be the duty of the zoning administrator to enforce this chapter through the proper legal channels.

(c)

The zoning administrator may appoint other employees to help in carrying out the duties of the office.

(d)

In addition, the zoning administrator shall:

(1)

Examine and determine that all applications pertaining to the use of land, buildings, or structures are complete and consistent with City Codes. In floodplain districts prior to granting a permit or processing an application for a conditional use permit or variance, the zoning administrator shall determine that the applicant has obtained all necessary state and federal permits;

(2)

Keep a record of all nonconforming uses;

(3)

Keep a record of all conditional uses;

(4)

Periodically inspect buildings and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the zoning administrator may require the services of a testing laboratory to determine compliance. The cost of employing said laboratory shall be paid for by the owner if a violation of this chapter is established, otherwise by the city;

(5)

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;

(6)

Order discontinuance of illegal use of land, buildings or structures, additions, 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;

(7)

Maintain permanent and current records of this chapter, including all maps, amendments, special uses, and variations and a record of the elevation of the lowest floor of all new structures or additions to existing structures in the floodplain districts or the elevations to which structures or additions to structures are floodproofed;

(8)

Maintain a current file of all permits, all certificates, and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property; and

(9)

Provide clerical and technical assistance to the planning commission or the board.

(Code 1977, § 13-105.1; Ord. No. 716, 9-26-2011)

(a)

It shall be unlawful to proceed with the construction, alteration, repair, enlargement, demolition, or removal of any building without first obtaining a building permit.

(b)

No building permit shall be issued unless such building is designed and arranged to conform to the provisions of this chapter, and in no case shall a permit be issued for any use for parcels of land which have been created after the effective date of the ordinance from which this section is derived by registered land surveys or by metes and bounds unless the particular parcel of land for which a permit is requested contains greater than five acres of land and 300 feet in width, unless the subdivision of lands has been approved by the city council.

(Code 1977, § 13-105.2; Ord. No. 716, 9-26-2011)

(a)

Land use actions requiring public hearings.

(1)

Amendments to the zoning code regulations;

(2)

Rezoning of land from one district to another;

(3)

Conditional use permits;

(4)

Planned unit developments;

(5)

Comprehensive Plan amendments;

(6)

Variances;

(7)

Site plan reviews.

(b)

Notice of public hearing.

(1)

Published notice. A notice of the time, place and purpose of a public hearing shall be published in the official newspaper at least ten days prior to the day of the hearing.

(2)

Mailed notice. A notice of the time, place and purpose of a public hearing shall be mailed at least ten days before the day of the hearing to each owner of property situated wholly or partially within 350 feet of the boundary of the property on which the application requiring public hearing is situated. The city shall be responsible for mailing notices to the property owners.

(3)

Record of notice. A copy of the notice and the list of names and addresses to which the notice was sent shall be attested to by the zoning administrator.

(4)

Failure of written notice. The failure to give mailed notice to individual property owners shall not invalidate the proceedings, provided a bona fide attempt has been made to comply with the notice requirements.

(c)

Public hearing by planning commission. The public hearing shall be held by the planning commission. Upon completion of the public hearing and its study and consideration of the application, the planning commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the city council. Failure to receive a report from the planning commission shall not invalidate the proceedings or actions of the city council.

(d)

Action by city council. City council action may include approval in whole or in part, denial or referral back to the planning commission. City council must take action on the application in accordance with Minn. Stats. § 15.99.

(Ord. No. 716, 9-26-2011)

(a)

Land use procedures requiring a public hearing shall submit a completed application to the zoning administrator.

(b)

Findings of complete application. The zoning administrator shall find the application complete or incomplete within 15 business days from the date the application is made. If the application is found incomplete, the administrator shall notify the applicants in writing stating what information is missing. If the application is found to be complete, the date of submittal shall mark the beginning of the review deadline.

(c)

The city council shall review all land use applications.

(Ord. No. 716, 9-26-2011)

(a)

Applications for zoning code amendments.

(1)

Proceedings for amendment of this chapter shall be initiated by:

a.

A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed;

b.

A recommendation of the planning commission; or

c.

By action of the city council.

(2)

Public hearing. Upon the request for a zoning ordinance amendment being officially submitted, a public hearing before the planning commission shall be scheduled.

(3)

Fee. To defray administrative costs of processing of requests for an amendment to this chapter, a fee, as set forth in chapter 22, is hereby established.

(b)

Application for changing zoning district boundaries (rezoning).

(1)

Consistency with comprehensive plan. If a proposed rezoning is not consistent with the city's comprehensive plan, the applicant shall apply for a comprehensive plan amendment concurrently with the rezoning application. Applicant must indicate why the proposed amendment is superior to the existing plan and changes that have occurred that make the amendment appropriate.

(2)

A public hearing is required for a comprehensive plan amendment and for the rezoning.

(3)

An application requesting a rezoning shall contain the following information:

a.

The name or names and addresses of the petitioner or petitioners, and their signatures to the petition;

b.

A specific description of the area proposed to be rezoned, and the names and addresses of all owners of property lying within such area, and a description of the property owned by each;

c.

The present district classification of the area and the proposed district classification;

d.

The present use of each separately owned tract within the area, and the intended use of each tract of land therein;

e.

An explanation of how the rezoning will conform with the general zoning pattern of the neighborhood, and the zoning plan of the entire city; and

f.

Accompanying the petition shall be three copies of a map showing the property to be rezoned, the present zoning of the surrounding area for at least a distance of 350 feet, including the street pattern of such areas.

(Code 1977, § 13-117.2; Ord. No. 716, 9-26-2011)

State Law reference— Amendments to zoning ordinance, Minn. Stats. § 462.357, subds. 2—4.

(a)

Purpose. It is the purpose of this section to provide for the regulation of existing structures, signs, uses, and lots that do not conform to the requirements of the zoning district in which they are located and to specify the requirements, circumstances and conditions under which the nonconforming structure, sign, use, or lot may be continued. Further, it is the general policy of the city to allow uses and structures that came into existence legally, in conformance with then-applicable requirements, to continue to exist and be put to productive use, but to bring them into compliance with existing regulations as is reasonably possible.

(b)

Existing use, building or lot. Any established use, building or lot legally existing which is herein classified in this chapter as requiring a conditional use permit may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use and/or building shall however require a new conditional use permit be processed according to this chapter.

(c)

Nonconforming uses.

(1)

Except as otherwise provided in this subsection, a nonconforming use shall not be enlarged, moved, or extended to occupy a greater area of land, but may continue at the size and intensity and in the same manner of operation existing upon the date of its nonconformity.

(2)

A nonconforming use shall not be changed to another nonconforming use. When any nonconforming use has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(3)

A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity.

(4)

A nonconforming use shall not be re-established if discontinued for a continuous one-year period.

(5)

A building or structure used by a nonconforming use may be continued through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless the nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged.

(6)

A change in tenancy, ownership or management will not affect the status of a nonconforming use if the use remains the same. Notwithstanding the foregoing, this section shall not effect the rights of the city or residents in any written agreement to the contrary entered into prior to April 5, 2005.

(d)

Nonconforming signs.

(1)

Business signs on the premises of a nonconforming building or use may be continued but such signs shall not be increased in number, area, height, or illumination. New signs not to exceed 35 square feet in aggregate sign area may be erected only upon the complete removal of all other signs existing at the time of the adoption of the ordinance from which this section is derived. Such signs may be illuminated but no flashing, rotating, or moving signs shall be permitted.

(2)

No sign erected before the passage of the ordinance from which this section is derived shall be rebuilt, altered, or moved to a new location without being brought into compliance with the requirements of this chapter.

(e)

Nonconforming lots of record.

(1)

A vacant nonconforming lot may be allowed as a buildable lot; provided that the following conditions are met:

a.

The lot is of record; and

b.

All other applicable requirements of this chapter are met.

(2)

Nonconforming lots containing a principle structure may add a permitted accessory structure; provided that the accessory structure will meet all minimum setback requirements of this chapter.

(3)

Additions to conforming principal or accessory structures located on nonconforming lots may be permitted; provided that any such addition will meet all other provisions of this chapter.

(f)

Nonconforming buildings or structures.

(1)

Any nonconforming building or other structure may be continued, including through repair, replacement, restoration, maintenance or improvement, but not expansion, unless the nonconforming building or structure is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the building or structure was damaged.

(2)

Nonconforming principal and accessory structures shall not be enlarged or altered in a way that increases their nonconformity. Nonconforming accessory structures, which are totally within a required yard setback, shall not be enlarged or expanded in any way.

(3)

If a nonconforming structure is moved for any distance whatsoever, it shall conform to the regulations for the district in which it is located after it is moved.

(4)

Normal repairs and maintenance necessary to keep a nonconforming structure in sound condition shall be permitted.

(5)

Alterations may be made to a residential building containing nonconforming residential units when they will improve the livability of such units; provided, however, that they do not increase the number of dwelling units in the building.

(6)

Nothing in this section shall prevent the placing of a structure in a safe condition when said structure is declared unsafe by the building codes and standards of the city.

(Code 1977, §§ 13-106—13-106.6; Ord. No. 608, 2-28-2005)

Editor's note— Ordinance No. 716, adopted Sept. 26, 2011, added §§ 126-37 and 126-38 and renumbered § 126-37 as § 126-39. In order to avoid duplication of section numbers, at the editor's discretion, § 126-38 has also been renumbered as § 126-40.

State Law reference— Nonconforming uses, Minn. Stats. § 462.357, subd. 1c.

This chapter shall be administered and enforced by the zoning administrator or other such party as designated by the city council or city administrator. The zoning administrator may institute in the name of the City of Champlin any appropriate actions or proceedings against a violator. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the zoning administrator. That person shall record properly such complaint, investigate, and take action thereon as provided by this chapter.

(a)

Enforcement procedure. For the enforcement of the provisions of the zoning ordinance, zoning violation notices shall be sent by either first class or certified mail to the property owner of which the violation is taking place. A copy of the zoning violation notice shall be sent to the city administrator, city clerk, police chief, and city attorney. The zoning violation notice shall contain the following information:

(1)

A description of the violation which is taking place.

(2)

A picture (if possible) of the violation which is taking place.

(3)

Location and/or address of the property at which the violation is taking place.

(4)

Identification of the section of the zoning ordinance which is being violated.

(5)

Date the violation was discovered.

(6)

Steps necessary to correct the violation.

(7)

Deadline by which the violation must be corrected, which is at the discretion of the zoning administrator.

(b)

Correction of the zoning violation. Correction of the violation in the manner stipulated by the zoning notice violation, at any point during this enforcement process, shall deem the zoning violation notice null and void, and enforcement activity shall cease.

(c)

Failure to correct zoning violation—Enforcement remedies. Failure to correct the zoning violation shall result in the city pursuing enforcement action following notification to the property owner, with the city having the authority to carry out the following enforcement remedies or combination of remedies:

(1)

Withhold permits. The city shall have the authority to withhold any permits or city approvals which are necessary until the violation is corrected to the city's satisfaction.

(2)

Stop work order. The city shall have the authority to issue a stop work order on the subject violation.

(3)

Abatement. The city shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice.

(4)

Injunctive relief. The city shall have the authority to seek an injunction in court to stop any violation of this chapter.

(5)

Civil remedies. The city shall have the authority to institute appropriate civil action to enforce the provisions of this chapter, and shall recover reasonable court costs and attorney's fees which are incurred due to the enforcement of the subject violation, at the discretion of the court.

(6)

Assessment. The city shall have the authority to use the provisions of Minn. Stats. ch. 429, assess any charge against the property benefited, and any such assessment shall, at the time at which taxes are certified to the Hennepin County auditor, be certified for collection in the manner that other special assessments are so certified.

(7)

Criminal remedies. The city shall have the authority to institute appropriate misdemeanor criminal action for a violation of this chapter.

(8)

Cumulative remedies. The powers and remedies of this subsection shall not be individually limited and are not exclusive. The powers and remedies of this subsection are cumulative and all power and remedies may apply, as well as any other remedies allowed under state law.

(d)

Revocation. Instead of, or in addition to any of the remedies in item (c), above, failure to comply with the conditions of a conditional use permit, interim use permit, or the ordinances of the city shall result in the conditional use permit or interim use permit being revoked by the city council. Revocation proceedings shall require a public hearing with notice and due process according to this chapter, except that the city council may waive planning and zoning commission review and comment.

(Ord. No. 898, 5-13-2024)

The principal objective of this chapter is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required in the social and economic welfare of the city. To accomplish this objective, each type and kind of use is classified as permitted in one or more of various districts established by this chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses that it may be necessary to allow because of their unusual characteristics and/or service they provide the public. These special uses require particular consideration as to their proper appearance and location in relation to adjacent established or intended uses, or to the planned development of the community.

(Code 1977, § 13-107.1)

Conditional use permits may be issued for any of the following:

(1)

Any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter;

(2)

Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare;

(3)

Commercial excavating of natural materials used for building or construction purposes, in any district;

(4)

To classify as a conforming use any nonconforming institutional use existing in any district at the time of the establishment of such district; or

(5)

To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter; library, community center, church, hospital, any institution of an educational, philanthropic or charitable nature, cemetery, mausoleum, or columbarium.

(Code 1977, § 13-107.2)

An application for a conditional use may be made by any governmental office, department, board, or commission or by any person or persons having a freehold interest or a contractual interest or which may become a freehold interest in the parcel described in the application.

(Code 1977, § 13-107.3)

(a)

Applications. Applications for conditional use permits shall be made by the owner or owners of the property and shall be filed with the zoning administrator. All applications shall be accompanied by an administrative fee established as set forth in chapter 22 plus all additional expenses incurred by the city and shall include the following information:

(1)

A description of the proposed use;

(2)

A legal description of the property including plat and property identification number;

(3)

A map or plat showing the property in question and all property within 350 feet of the boundaries of the property in question;

(4)

The names and addresses of the owners of record of all property within 350 feet of the boundaries of the property in question; and

(5)

Any other information required by the zoning administrator, planning commission, or city council.

(b)

Referral to planning commission. Before any conditional use permit may be granted, the request therefor shall be referred to the planning commission for study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood, and for its recommendation to the city council for the granting of such conditional use permit and the conditions thereof, if any, or for the denial of such conditional use permit.

(c)

Public hearing. The planning commission shall hold at least one public hearing on the proposal to issue a conditional use permit. Notice of the time and place of the public hearing shall be given not more than 30 days nor less than ten days in advance of the public hearing by publishing a notice in the official newspaper of the city and by mailing in the U.S. mail, a notice of the public hearing at least ten days prior to the date of the public hearing, to the owner or owners of the property under consideration and all property owners within 350 feet of the subject property. This notice shall describe the particular conditional use and shall contain a brief description thereof. The county auditor's records shall be used for determination of ownership and mailing addresses. Following the public hearing, the planning commission shall make its findings of fact and recommendations in writing upon the proposal to the city council within 60 days following the completion (closing) of the public hearing. If no recommendations are transmitted by the planning commission within the 60 days specified, the city council shall take action without recommendations.

(d)

Issuance. The city council may hold whatever public hearing it deems advisable. In considering applications for conditional use permits under this division, 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 welfare of occupants of surrounding lands, including, but not limited to, the factors of noise, glare, odors, existing and anticipated traffic conditions, including parking facilities on adjacent streets, the effect on values of property in the surrounding area, and the effect of the proposed use on the comprehensive plan. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals or general welfare of the community and that the same is in harmony with the general purpose and intent of this chapter and the comprehensive plan, the city council may grant such permits and may impose conditions and safeguards therein.

(e)

Denial. Conditional use permits may be denied by resolution of the city council when there is a determination and findings of fact by the city council that the proposed use will be detrimental to the health, safety, morals, or general welfare of the community or that the proposed use is not in harmony with the general purpose and intent of this chapter or the comprehensive plan.

(Code 1977, § 13-107.4)

(a)

Conditional use permits that are issued but not used within one year of the date of approval shall lapse. The conditional uses may be reviewed by the city council after one year.

(b)

All conditional use permit applications for areas subject to flooding shall also comply with chapter 114, floodplain regulations.

(c)

Conditional use permits are nontransferable except for permits issued for conditional uses specified under the allowable uses sections of this chapter for the various zoning districts.

(Code 1977, § 13-107.5)

(a)

Permit required. A conditional use permit shall be required in all cases where excavation, grading and filling of any land within the city would result in a substantial alteration of existing ground contour or would change existing drainage or would cause flooding or erosion and would deprive an adjoining property owner of lateral support and would remove or destroy the present ground cover resulting in less beneficial cover for present and proposed development, uses and enjoyment of any property in the city. The term "substantial alteration" shall be defined as the extraction, grading, or filling of land involving movement of earth and materials in excess of 150 cubic yards.

(b)

Application. Application for a land alteration conditional use permit shall be subject to the regulations of section 126-68 and shall contain the following additional information:

(1)

A legal description of the land to be altered;

(2)

The nature of the proposed alteration and future use of the property;

(3)

The starting date and approximate completion date of the operation;

(4)

The names of all owners of the land to be altered;

(5)

The names and addresses of all owners and occupants of the adjoining land that may be affected by said land alterations; and

(6)

The identification of the route to be used in hauling.

(c)

Bonding. The city council may require from the person securing a land alteration conditional use permit adequate proof of bonding in the form of a performance bond, sufficient in value to cover the expense of the completion of the development plan or to bring such portion of the completed project to a safe grade and elevation so as to be healthful and safe to the general public and to provide safe and adequate drainage of the site.

(d)

Safety precautions. If, during the land alteration work, it becomes necessary for the person altering the land to create a condition of grade or drainage not in the interest of health or safety, it shall become that person's duty to correct immediately the dangerous situation created, as well as fence such area from the general public during the period of danger.

(e)

Replacement of landscaping. The person responsible for the proposed land alteration shall agree to replace cover that has been removed, by seeding or sodding, such cover to be replaced within 30 days after completion of grading. Where construction of homes or buildings is being done over an extended period of time, the zoning administrator or city council may require replacement of ground cover on a portion of the area before the entire project is completed.

(f)

Correction of hazardous excavation. The city council may, in addition to any or all other remedies available for violation of this section, order the owner to correct any hazardous excavation, grading, or filling on his land.

(1)

Order. The order shall:

a.

Be in writing;

b.

Recite the grounds therefore;

c.

Specify the necessary work; and

d.

Provide a reasonable time for compliance, not to exceed 30 days.

(2)

Service. The order shall be served by registered mail to the last known address of the owner of record, or his agent, if an agent is in charge of the excavation, grading, or filling, and upon the occupying tenant, if there is one.

(3)

Enforcement. If the owner of the land fails to comply with the order within the time set forth therein, the city council shall cause the necessary work to be completed to bring the land within reasonable standards of health and safety.

(Code 1977, § 13-107.6)

The city council may issue a conditional use permit to an organization, corporation, or individual to operate a shooting range within the city, subject to the following provisions:

(a)

Indoor shooting ranges are permitted with a conditional use permit, provided the use is allowed in the zoning district affecting the property and the use complies with this section.

(b)

Shooting ranges are prohibited outdoors.

(c)

Applications.

(1)

Applications shall be directed to the city and contain the name of the organization, corporation, or individual and a description of the property to be used, the proposed security system and safety plan, proof of liability insurance, and the names of all the residents within 1,000 feet of the licensee and subsequent to the public hearing the city council may, at its discretion, grant or deny the conditional use permit.

(2)

The city may require other conditions or application material as appropriate.

(d)

Requirements of the shooting range.

(1)

The city council shall require that the shooting range be operated in a safe manner and the city council may, at its discretion, set standards for the operation of the shooting range prior to issuance of the conditional use permit.

(2)

The city council may at its discretion, restrict the use of the shooting range during certain times to prevent the shooting range from becoming a public nuisance.

(3)

The applicant shall provide documentation that the shooting range will conform to the noise standards in Minn. Stats. ch. 87A. The city council can set reasonable standards subject to the limitations in Minn. Stats. § 87A.05.

(4)

There shall be no outdoor storage associated with an indoor shooting range.

(5)

All indoor shooting ranges shall be constructed in accordance with federal, state, and local building codes relating to shooting ranges. Specialized inspections and documentation by a qualified professional may be required as part of the building permit process to verify the indoor shooting range system is constructed and installed to the manufacturer's specifications.

(6)

The design and construction of the shooting range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the shooting range shall be performed by a professional engineer registered in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet traps, ceilings, and exterior and interior walls and floors.

(7)

Firearms and ammunition used in indoor shooting ranges shall be limited to the capabilities of the range's system and building construction.

(8)

The indoor shooting ranges shall be equipped with a ventilation system that filters out potential lead contaminants prior to exhausting to the exterior of the building.

(9)

All indoor shooting ranges shall operate in accordance with the Minnesota laws and regulations of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. A copy of the operator's license with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives shall be provided to the city.

(10)

An organized shooting range that has received a conditional use permit from the city council may, notwithstanding other provisions of this code, loan or furnish weapons to minors under the age of 18 years to handle and use weapons, provided that such dangerous weapons may be discharged and used by the minors only on the shooting range grounds and only under the direct supervision of an adult member or some other adult authorized by the range to supervise minors.

(11)

Any firearms or weapons stored overnight on the premises shall be properly secured, per direction of the police chief and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.

(12)

All indoor shooting ranges shall have a security system and safety plan approved by the police chief.

(13)

No sales of firearms, ammunition, or firearm accessories shall be permitted unless the operator holds a valid federal firearms license, and has a security and storage system approved by the police chief. In the case of a change of ownership of the retail sales, notification to the city is required in writing and the new operator's license with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives shall be provided to the city.

(14)

In the case of a change of ownership of the shooting range, notification to the city is required in writing and the new operator's license with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives shall be provided to the city.

(15)

The conditional use permit for a shooting range must comply with the standards set forth in sections 126-65—126-71.

(16)

It shall be unlawful to own or operate a shooting range in the city unless a conditional use permit has been issued by the city council.

(e)

Denial and revocation.

(1)

The city council may at its discretion, revoke the conditional use permit immediately if the operator has allowed unsafe conditions to exist on the premises or if the licensee has violated any of the standards provided by the council, building official, or any federal or state laws.

(2)

No conditional use permit under this section shall be issued to an applicant if the applicant or designated operator is: a person who is not a citizen of the United States or a resident alien, a person convicted of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession of firearms within five years of the application, a person who has had a federal or state firearms related license or permit revoked within five years of the application, or a person who is ineligible to receive, sell or possess firearms under Minnesota or federal law.

(Ord. No. 894, 1-22-2024)

It is the policy of the city to preserve and promote an attractive, stable residential and business community through encouraging well conceived and quality developments. Before commencing the construction of a major alteration of a structure, the conversion of a single-family home into a commercial use in the old town area, or the construction of a new structure, except one-family and two-family dwellings used for residential occupancy and building accessories thereto, a planning application must be made for site plan approval from the city council in accordance with the procedures of section 126-100.

(Code 1977, § 13-108.1)

(a)

A plan approval application must be initiated by the owner of the subject property or by his authorized agent. The applicant must fill out and submit a site plan approval application to the city planner. The application must be filed at least four weeks prior to the next regular meeting of the planning commission.

(b)

The city planner will refer the matter to the planning commission by placing the application on the agenda of the commission's next regular meeting. The city planner may, with the approval of the chairperson of the planning commission, place the application on the agenda for a special meeting.

(c)

The planning commission shall report its recommendations to the city council. If recommendations are not transmitted by the planning commission, the city council takes action without recommendations.

(d)

The applicant or his agent shall appear at every meeting of the planning commission and the city council to answer questions regarding the plans and to furnish such information as may be required.

(e)

The city planner following the planning commission's action upon the application and following the city council's action upon the application shall give the applicant written notice of the action. A copy of this notice shall be kept on file as a part of the permanent record of the application.

(Code 1977, § 13-108.2)

(a)

Concurrent with filing the application for plan approval, the applicant shall submit the following documents and information:

(1)

Six copies and one 11-inch by 17-inch reproducible copy of the plat drawing as approved by the city showing the parcel in question with all accurate dimensions;

(2)

A certificate of survey as required by section 106-26;

(3)

Six complete sets and one 11-inch by 17-inch reproducible copy of preliminary architectural drawings prepared by a registered architect or engineer with the following information:

a.

The following general information shall be included:

1.

The name of the project;

2.

The name, address, and telephone number of the applicant, engineer, and owner of record;

3.

A legal description (certificate of survey may be required);

4.

The date proposed, north arrow, engineering scale, number of sheets, and name of the drawer;

5.

A vicinity map showing the relationship of the proposed development to surrounding streets, rights-of-way, easements, and natural features;

6.

A description of the intended use of the site, buildings, and structures including the type of occupancy and estimated occupancy load;

7.

The existing zoning and land use; and

8.

A tabulation box indicating:

(i)

The size of the parcel in acres or square feet;

(ii)

The gross floor area of each building;

(iii)

The percentage of site covered by buildings;

(iv)

The percentage of site covered by impervious surface;

(v)

The percentage of site covered by parking area;

(vi)

The projected number of employees;

(vii)

The number of seats, if intended use is a restaurant or place of assembly;

(viii)

The number of parking spaces required;

(ix)

The number of parking spaces provided including handicapped; and

(x)

The height of all buildings and structures and the number of stories.

b.

The following site plan information shall be included:

1.

Property lien dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions, and floor elevations shall be shown;

2.

Grading and drainage plan (with two-foot contour intervals) showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and stormwater retention ponds shall be provided. Such plans shall be prepared by a registered engineer or a registered land surveyor;

3.

The plan shall depict all existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. Underground utilities shall be provided for all new and substantially renovated structures. Such plans shall be prepared by a registered engineer;

4.

Vehicular circulation plan shall be provided showing location and dimensions for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bikepaths, direction of traffic flow, and traffic control devices. All paved areas shall contain concrete box (B 6-12) curbing;

5.

Landscaping plan shall be provided which details the location of proposed visual screens, walls, fences, buffer strips, landscaping, greenbelts, recreation areas, and lighting. Planting detail should also be included indicating plant species, size at planting, and size at maturity. Such plans shall be prepared by a registered landscape architect;

6.

The following interior parking lot landscaping provisions shall be provided:

(i)

All parking lots containing multiple rows of parking stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the multiple row standard and shall be required by the city when warranted; and

(ii)

Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the city. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent.

7.

The following screening and buffering provisions shall be provided:

(i)

The following uses shall be screened or buffered in accordance with the requirements of this subdivision:

A.

Principal buildings and structures and any building or structure accessory thereto located in any business, industrial or planned unit development district containing nonresidential uses shall be buffered from lots used for any residential purpose;

B.

Principal buildings and structures and any building or structure accessory thereto located in any R-3, R-4, R-5 or planned unit development district containing residential development at densities exceeding four units per acre shall be buffered from lots located in any R-1 or R-2 district;

C.

Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet, and from lots that are used for any residential purpose;

D.

Loading docks shall be screened from all lot lines and public roads;

E.

Trash storage facilities shall be screened from all lot lines and public roads; and

F.

Outside storage in business and industrial districts that is allowed by other provisions of this chapter shall be screened from all public views.

(ii)

Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1, and shall be a minimum of three feet in height. The screen shall be designed to employ materials, which provide an effective visual barrier during all seasons;

(iii)

All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway;

(iv)

Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section; and

(v)

An underground irrigation system shall be installed to serve all landscaped yard areas.

8.

It is not the intent of the city to unreasonably restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the city and shall show the following:

(i)

Elevations of all sides of the building;

(ii)

The type and color of exterior building materials;

(iii)

A typical floor plan;

(iv)

Dimensions of all structures;

(v)

The design, size, and location of all exterior signage; and

(vi)

The location of trash containers and of heating, ventilation and air conditioning equipment.

9.

Roof top equipment must be 100 percent screened from view of an adjacent street or lot. Detail shall be provided;

10.

The location and detail of signage shall be provided;

11.

Lighting location, luminaire height, style, type of light source (Metal Halide, High-Pressure Sodium, etc.), hours of illumination, photometric plan, and mounting shall be provided;

12.

Building elevations from all directions shall be provided;

13.

Utility plans identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building shall be provided. Such plans shall be prepared by a registered engineer;

14.

A list of proposed hazardous materials, use and storage shall be provided;

15.

The proposed fire protection system shall be indicated; and

16.

The following developer's agreement provisions shall be provided:

(i)

An agreement shall be signed between the developer and the city, which guarantees the approved site improvements;

(ii)

When grading, drainage, sidewalks, paving, screening, landscaping and other similar improvements to property are required by this chapter, a cash deposit or letter of credit shall be supplied by the owner in an amount equal to at least 110 percent of the value of such improvements. The security shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal or other fees in connection with making or completing such improvements. The cash deposit or letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time agreed upon by the city and the developer. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety; and

(iii)

The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions that are reasonably beyond the control of the developer. Extensions, which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate.

c.

The following other submission requirements shall be included:

1.

Evidence of ownership or an interest in the property;

2.

The application signed by applicant and owner of property; and

3.

The application fee, as set forth in chapter 22.

(b)

The cash fee as set forth in chapter 22 and in an amount established by the city council shall be required to cover city expenses in making the necessary studies for plan approval. The applicant shall furthermore be responsible for all city expenses in excess of those covered by the initial application fee.

(c)

If, at any time the cash fee deposited with the city by the applicant becomes insufficient to cover city expenses, the review of such plat shall be suspended. If an applicant has additional escrow accounts with the city relating to approval of several plans, these funds may be intermingled, at the direction of the city council, in order to cover city expenses on all involved plans. Prior to intermingling escrow funds, the city shall give notice to the applicant of the city's intent to intermingle funds and shall afford the applicant an opportunity to appear before the city council at the next regularly scheduled city council meeting after the notice is given to the applicant. If an escrow account balance is in arrears, the applicant's letter of credit may be drawn upon in the amount of the deficiency at the direction of the city council. Prior to taking any action on the applicant's letter of credit, the city shall give 30 days' notice to the applicant of the city's intention and shall afford the applicant an opportunity to appear before the city council after the notice is given to the applicant.

(Code 1977, § 13-108.3)

Construction of the building or initiation of the use approved under this chapter shall begin no later than one year following building plan approval. After the expiration of such period, the approval shall be null and void unless prior to the expiration period, the city council grants an extension of time or a building permit has been issued and substantial work performed on the project. Upon request by the applicant, the city council may grant an extension of time for a site and building plan approval.

(Code 1977, § 13-108.4)

The planning commission may recommend and the city council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this chapter.

(Code 1977, § 13-108.5)

(a)

Established; membership. There is hereby established a board of zoning appeals and adjustments for the city, which shall consist of all of the members of the planning commission.

(b)

Powers and duties of the board. The board is advisory to the city council.

(c)

Purpose and scope of application. The City Council may grant variances from the strict application of the provisions of the applicable Code provisions.

(d)

Review criteria.

(1)

Variances shall only be permitted when they are in harmony with the general purpose and intent of the ordinance and when the variances are consistent with the Comprehensive Plan.

(2)

Variances may be granted when the City determines that there are "practical difficulties" in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means:

a.

The property owner proposes to use the property in a reasonable manner not permitted by an official control;

b.

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

c.

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

d.

Economic considerations alone do not constitute practical difficulties.

(e)

Conditions authorized. The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(f)

Specific variances authorized. No variance shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows:

(1)

Variances shall be granted for earth sheltered construction as defined in Minn. Stats. 216C.06, subd. 14, when in harmony with official controls.

(2)

A variance may be granted for the temporary use of a one-family dwelling as a two-family dwelling.

(g)

Appeals. Any person, firm, or corporation objecting to the ruling of any official on the administering of the provisions of this section shall have the right to appeal to the board.

(h)

Procedure.

(1)

Application for a variance under the provisions of this section shall be made to the zoning administrator and shall be accompanied by payment of a fee as set forth in chapter 22.

(2)

Public hearing. A public hearing is required for variances.

(Code 1977, § 13-117.1; Ord. No. 716, 9-26-2011)

State Law reference— Board of adjustments, Minn. Stats. § 462.354, subd. 2; variances, Minn. Stats. § 462.357, subd. 6(2).

(a)

Whenever within one year after the granting of a variance, the owner or occupant has not substantially completed the erection or alteration of a building or structure as described in such variance, then the variance shall become null and void unless a petition for extension of time in which to complete the proposed construction or alterations has been granted as provided herein.

(b)

Such petition to extend time shall be in writing and filed with the zoning administrator no more than 20 days before the expiration of one year from the date the original petition was approved, shall state facts showing a good-faith attempt to use the variance, and shall state the additional time requested to complete the construction or alteration. Such petition shall be presented to the board of zoning adjustment and city council for hearing and decision in the same manner as the original request for variance.

(c)

In determining under this section whether the petitioner has made a good-faith attempt to use the variance, the board and city council may consider such factors as the design, size, expense and type of the proposed construction or alteration.

(d)

It shall be within the power of the board and city council, at the time of granting the original request for a variance, to grant also a two-year period for substantial construction of the building or structure utilizing the same, but such two-year period may not thereafter be extended.

(Code 1977, § 13-117.3)

State Law reference— Variances, Minn. Stats. § 462.357, subd. 6(2).