(a)

The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, conditional use permits, variances, and other matters pertaining to this article. The schedule of fees shall be kept on file in the office of the zoning administrator and may be altered or amended by the city council.

(b)

No permit, certificate, conditional use permit or variance shall be issued, unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on any proceedings before the board of adjustment, unless or until preliminary charges and fees have been paid in full.

(Code 1999, § 16.4.3)

(a)

Application.

(1)

Except as hereinafter provided, no person shall construct, erect, alter, wreck, or move any building or structure or part thereof within the corporate city limits without first securing a building permit from the city. The application for a permit shall apply as set forth in the state building code.

(2)

The application for a building permit shall be made on forms to be furnished by the city. Each application for a permit to construct or alter a building shall be accompanied by a plan, drawn to scale, showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Applications for any kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of this chapter or any other ordinance of the city.

(b)

Issuance. The zoning administrator shall issue the building permit only after determining that the building plans together with the application comply with the terms of this chapter. A building permit shall be valid for one year after the date of issuance, and shall expire if the construction is not commenced within that period.

(Code 1999, § 16.4.2)

All requests for variances and conditional use permits shall be decided solely on the individual situation. No action on any such matter shall be used or cited in consideration of another such application or case, nor shall such action be considered as setting precedent or changing the terms of this chapter.

(Code 1999, § 16.4.4)

(a)

A board of adjustment is established for the city consisting of the members of the planning commission.

(b)

The board of adjustment shall adopt rules for the transaction of its business and shall keep a public record of its proceedings, including minutes of its meetings and its findings and determinations.

(c)

The board of adjustment shall 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. Such appeal may be taken by any person aggrieved by any such order or decision.

(d)

The aggrieved applicant shall file his appeal, in writing, with the zoning administrator, describing the order or decision appealed, and the reasons he believes that order or decision to be in error. The written appeal shall be filed with the zoning administrator within 30 days of the appellant's receipt of the order or decision he wishes to appeal.

(e)

The zoning administrator shall transmit the written appeal to the board of adjustment. The board shall set the date for a public hearing on the appeal and shall have a notice of such hearing provided to the appellant by mail at least ten days prior to the hearing.

(f)

Any person may appear at the hearing, either in person or by agent or attorney. The board of adjustment shall make a decision within 30 days of the public hearing and shall serve a copy of its order deciding the matter upon the appellant by mail.

(g)

The board of adjustment may reverse or affirm, in whole or in part, or modify the zoning administrator's order, requirement, decision, or determination. The board of adjustment's decision shall be final, subject to appeal to the city council. The reasons for the board of adjustment's decision shall be stated in writing.

(h)

Any person aggrieved by the decision of the board of adjustment, including the zoning administrator, may appeal that decision to the city council for final determination. Any such appeal shall be filed in writing with the city council within 30 days of the action of the board of adjustment. Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the city council's final action.

(i)

The board of adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in sections 113-130 through 113-135. No use variances, uses different than those allowed in the district, shall be issued by the board of adjustment.

(Code 1999, § 16.6.4)

State Law reference— Appeals, Minn. Stat. § 462.357, subd. 6.

The zoning administrator shall enforce this chapter and shall perform the following duties:

(1)

Issue building permits and make and maintain record thereof.

(2)

Oversee inspections and use of land to determine compliance with the terms of this chapter.

(3)

Maintain permanent and current records of this chapter, including, but not limited to all:

a.

Maps;

b.

Amendments;

c.

Conditional uses;

d.

Variances;

e.

Appeals; and

f.

Applications therefor.

(4)

Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

(5)

Review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.

(Code 1999, § 16.6.5)

(a)

Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of zoning districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall eventually brought into conformity.

(b)

Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Expand or expansion means any increase in a dimension, size, area, volume or height, any increase in the area of use, any placement of a structure or part thereof where none existed before; any addition to a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use; increase in the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees or, such other factors deemed relevant by the city.

(2)

Improvement means making the nonconforming use better, more efficient, or aesthetically pleasing, including any change that does not replicate what pre-existed. A mere expansion, enlargement or intensification of a nonconforming use does not constitute an improvement for that reason alone.

(3)

Nonconforming land use means an activity using land, a building or structure, or a combination thereof, for a purpose that was lawful when established and which is not permitted by the provisions of existing land use regulations.

(4)

Nonconforming structure is a structure that was constructed in compliance with the land use regulations in effect at that time with respect to certain standards such as location, height, setback or size, but no longer complies in that regard with existing land use regulations.

(5)

Replacement, reconstruction or restoration means the repair of a building or structure that duplicates the condition of the building prior that existed prior to the construction activity.

(c)

General principles.

(1)

A nonconforming use or structure may be used and continued by means of repair, replacement, restoration, maintenance or improvement that does not constitute an expansion.

(2)

A nonconforming land use or nonconforming structure may not be expanded except for the purpose of making it a permitted use or structure; or, as otherwise may be permitted by the provisions of this section.

(3)

A nonconforming use land use may be extended throughout the building or structure, provided no structural alterations or changes are made therein. If a structural alteration or change is required by law, is needed to promote safety, or is otherwise necessary to secure or ensure the continued advantageous use of the building during its natural life, such structural alteration is permitted.

(4)

A nonconforming land use may not be resumed if the use has been discontinued for a period of 12 consecutive months; or if the use requires the existence of a nonconforming structure that has been removed and not replaced for a period of 12 consecutive months.

(5)

Removal or destruction of a nonconforming structure to the extent of more than 50 percent of its estimated market value at the time of its removal or damage by fire or other peril terminates the right to replace or repair such nonconforming structure, unless a building permit application to do so is submitted to the city for approval within 180 days of the date of the removal or damage.

(6)

An expansion may be made to a structure used as a residence that constitutes a nonconforming land use when such expansion improves the livability and safety of the structure, and does not increase the number of dwelling units contained within the structure. Construction and alteration of a garage or accessory building is also permitted if said construction or alteration otherwise complies with the building standards applicable to the underlying zoning district, and the use of the building is consistent with the nonconforming land use in question.

(7)

If a nonconforming land use is superceded or replaced by a permitted use the nonconforming status of the premises and any right which may arise under the provisions of this section terminate.

(Code 1999, § 16.4.6; Ord. No. 399, § 1, 11-14-2011)

A single-family detached dwelling may be erected on any lot, irrespective of its area or width, of record prior to the effective date of ordinance from which this chapter is derived, provided that:

(1)

Such residential construction was permitted on that lot under city zoning and land use ordinances which predated this article, see Ordinance 106, as amended and/or superseded by Ordinances 117, 164, and 199; and

(2)

Such construction complies with the applicable yard size open space, and other requirements of such previous ordinances.

(Code 1999, § 16.4.7)

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 on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the city council shall make the following findings, where applicable:

(1)

The use will not create an excessive burden on existing parks, schools, streets and other public facilities which serve or are proposed to serve the area.

(2)

The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.

(3)

The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.

(4)

The use is reasonably related to the overall city needs and to the existing land use.

(5)

The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(6)

The use is not in conflict with the city's comprehensive plan.

(7)

The use will not cause any traffic hazard or congestion.

(8)

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

(Code 1999, § 16.6.1(A))

(a)

In permitting a new or existing conditional use, the city council may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the city council 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:

(1)

Increasing the required lot size or yard dimension.

(2)

Limiting the height, size or location of buildings.

(3)

Controlling the location and number of vehicle access points.

(4)

Increasing the street width.

(5)

Increasing the number of required off-street parking spaces.

(6)

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

(7)

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

(8)

Designating sites for open space.

(9)

Establishing a time limit on operations.

(b)

Permits for accessory buildings built of post-frame type construction, i.e., pole buildings, may include the following conditions:

(1)

All workmanship shall be done in a quality manner.

(2)

All eaves and gable end rakes shall have overhangs made of finished soffits and fascias.

(3)

All trims, windows and doors will be finished.

(4)

Doors will consist only of standard walk-in style, roll-up style, or overhead style. No sliding doors or barn-hinge type doors will be allowed.

(5)

All exposed side wall siding and trim fasteners will be installed to manufacturer's specifications, installed in a straight pattern with the use of a string line, and of matching colors.

(6)

The use of sheet steel siding will be approved in board and batten style rather than continuous corrugated type and no galvanized siding will be allowed. No bold colors will be allowed. Any style or color siding not falling under these guidelines will be reviewed on an individual basis by the planning and zoning committee and recommended to the city council for approval. Further, the structure shall comply with all requirements and provisions set forth for storage structures in article VI, division 4 of this chapter.

(7)

The treated skirting will be the only exposed portion of the building that may be left unfinished. It shall not have more than eight inches of exposure from finish grade to the bottom of the siding. The finish grade will lap up on the skirting no less than three inches.

(8)

The building site will be graded to within six inches of level, high to low corner, before construction begins.

(9)

The floor of said structure or building shall be of a nonflammable and nonabsorbent material as per the state building code standards if a motor vehicle will be parked or stored in it.

(c)

The zoning 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.

(Code 1999, § 16.6.1(B))

The following shall be required to be submitted with a nonconforming use application:

(1)

A preliminary building and site development plan. The city council may also require a boundary survey of the property.

(2)

Evidence of ownership or enforceable option on the property.

(Code 1999, § 16.6.1(C))

The procedure for obtaining a conditional use permit is as follows:

(1)

The property owner or his agent shall meet with the zoning administrator to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form, together with the required exhibits, with the zoning administrator and shall pay a filing fee as established from time to time by the city council.

(3)

The zoning administrator shall transmit the application to the planning commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

(4)

The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to said hearing.

(5)

The planning commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce such adverse effects. The planning commission shall recommend one of three actions to the city council within 30 days after holding the public hearing: approval, denial or approval with special conditions.

(6)

The city council shall take appropriate action on the request for a conditional use permit within 30 days of receiving the recommendations by the planning commission. If it grants the conditional use permit, the city council may impose conditions it considers necessary to protect the public health, safety and welfare, and such conditions may include time limits for the use to exist or operate.

(7)

All appeals of the decision of the city council relating to conditional use permits shall be filed within 30 days of the city council's decision with a court of competent jurisdiction.

(8)

Where a conditional use permit has been issued pursuant to the provisions of this article, such permit shall become null and void without further action by the planning commission or city council, unless work thereon commences within six months of the date such permit was granted. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use ceases for more than 180 consecutive days.

(9)

In the event that the applicant violates any of the conditions set forth in the conditional use permit, the city council shall have the authority to revoke the conditional use permit.

(10)

The planning commission and the city council shall review all conditional use permits on an annual basis to monitor compliance with the provisions of the conditional use permit. Any violations of the conditions of the permit shall be cause for revocation of the permit.

(11)

No application of a property owner for a conditional use shall be considered by the planning commission within a one-year period following a denial for such a request, except the planning commission may permit a new application if, in its opinion, new evidence or a change in circumstances warrants it.

(Code 1999, § 16.6.1(D); Ord. No. 364, § 1, 8-11-2003)

A violation of any condition of a conditional use permit may result in immediate termination of such permit by the city council, following a public hearing.

(Code 1999, § 16.8.3)

(a)

The procedures for obtaining a variance from the regulations of this chapter are as follows:

(1)

The property owner or his agent shall meet with the zoning administrator to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form, together with the required exhibits, with the zoning administrator and shall pay a filing fee, as established from time to time by the city council.

(3)

The zoning administrator shall transmit the application to the board of adjustment for review and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; provided however, failure of any property owners to receive such notification shall not invalidate the proceedings.

(4)

The zoning administrator shall set the date for a public hearing and shall have the notice of such hearing published at least once in the legal newspaper, not less than ten days prior to the hearing.

(5)

The board of adjustment shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: Approval, denial or approval with special conditions.

(6)

No application by a property owner for a variance shall be submitted to the board of adjustment within a six-month period following a denial of such a request, except the board may permit a new application, if in the opinion of the board, new evidence or change of circumstances warrants it.

(7)

All appeals from the decision of the board of adjustment relating to variances shall first be presented to the city council, and shall be filed in writing with the city council within 30 days of the action of the board of adjustments Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the city council's final action.

(b)

The board of adjustment may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

(Code 1999, § 16.6.2(C))

(a)

A preliminary building and site development plan is required to be submitted when applying for a variance. The board of adjustment or city council may also require a boundary survey of the property.

(b)

Evidence of ownership or enforceable option on the property shall be required to be submitted when applying for a variance.

(Code 1999, § 16.6.2(B))

(a)

The board of adjustment, consistent with the authority granted by law, may grant a property owner a variance from compliance with the literal provisions of this chapter in an instance where strict enforcement would cause practical difficulties to the individual property owner and when it can be demonstrated that such action will be in keeping with the spirit and intent of this chapter.

(b)

The term "practical difficulties" means that the:

(1)

Property owner purposes to use the property in a reasonable manner that is not otherwise permitted; and

(2)

The plight of the property owner is due to circumstances unique to the property, not created by the property owner; and

(3)

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

Economic considerations alone do not constitute practical difficulties. "Practical difficulties", for the purposes of this section, also means and includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

(c)

Nothwithstanding a finding that practical difficulties exist, the board of adjustment may not permit as a variance any use that is not permitted under the provisions of this chapter for property in the zone where the land for which the variance is sought is located.

(d)

In its consideration of a variance request the board of adjustment shall consider the following questions:

(1)

Whether or not exceptional, unique or extraordinary circumstances apply to the physical surrounding, shape or topographic conditions of the parcel of land which results in practical difficulties for the owner?

(2)

Whether or not the variance requested will alter the essential character of the locality?

(3)

Whether or not granting the variance requested will:

a.

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

b.

Substantially increase congestion in adjacent public streets;

c.

Endanger the public safety;

d.

Substantially diminish or impair property values within the vicinity?

(4)

Whether the variance requested is the minimum variance which would alleviate the practical difficulties?

(5)

Whether or not the variance requested is consistent with the intent of this chapter and the city's comprehensive plan?

(6)

Whether or not the variance requested provides for a reasonable and practical solution that eliminates the practical difficulties?

(e)

The board of adjustment, in granting a variance, may impose additional conditions to ensure compliance with its decision and protect adjacent properties. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.

(Code 1999, § 16.6.2(A); Ord. No. 384, § 1, 5-12-2008; Ord. No. 396, § 1, 7-25-2011; Ord. No. 396A, § 1, 11-14-2011)

The city council may adopt amendments to this chapter and the city zoning map in relation both to land uses within a particular district or to the location of district lines. Such amendments shall comply with the procedural requirements of law. Amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city. The planning commission shall annually prepare a report for the city council as to the operations of this chapter, including, when necessary, recommendations as to the enactment of amendments or supplements thereto.

(Code 1999, § 16.6.3(A))

The amendments adopted by the city council may be as follows:

(1)

A change in a district's boundary (rezoning).

(2)

A change in a district's regulations.

(3)

A change in any other provision of this chapter.

(Code 1999, § 16.6.3(B))

Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(1)

By petition of an owner of the property which is proposed to be rezoned, or for which district regulation changes are proposed.

(2)

By recommendation of the planning commission.

(3)

By action of the city council.

(Code 1999, § 16.6.3(C))

The following shall be submitted with an amendment application made by a property owner.

(1)

A preliminary building and site development plan. The city council may also require a boundary survey of the property.

(2)

Evidence of ownership or enforceable option on the property.

(Code 1999, § 16.6.3(D))

The procedure for a property owner to initiate a rezoning or district regulation change applying to his property is as follows:

(1)

The property owner or his agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form, together with the required exhibits, with the zoning administrator and shall pay a filing fee as established from time to time by the city council.

(3)

The zoning administrator shall transmit the application and required exhibits to the planning commission and shall notify, by U.S. Mail property owners within the affected zone and within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings, unless such notice is required by law.

(4)

The zoning administrator shall set the date for a public hearing required by law, and shall have the notice of such hearing published in the legal newspaper at least once, not less than ten days, nor more than 30 days prior to said hearing. The city council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the planning commission or the city council.

(5)

The planning commission shall hold the public hearing and then shall recommend to the city council within 30 days after the public hearing, one of three actions, approval; denial; or approval with special conditions/modifications.

(6)

The city council shall act upon the application within 30 days after receiving the recommendation of the planning commission. Amendments to this chapter shall be by passage upon a simple majority vote of the city council, provided that any action or passage overriding the recommendations of the planning commission shall require a four-fifths majority vote of the entire city council.

(7)

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 warrants it.

(Code 1999, § 16.6.3(E))

(a)

Amendments of this chapter not initiated by the planning commission shall be referred to the planning commission for study and review.

(b)

All amendments of this chapter initiated by the planning commission or the city council shall be the subject of a public hearing pursuant to law. The city clerk shall set the date for a public hearing and shall have the notice of such hearing published in the legal newspaper at least once, not less than ten days, nor more than 30 days prior to said hearing. The city council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the planning commission or city council give notice in the manner required by law.

(c)

The planning commission shall hold the public hearing and then shall recommend to the city council within 30 days after the public hearing one of three actions: approval, denial, or approval with special conditions/modifications.

(d)

The city council shall act upon the application within 30 days after receiving the recommendation of the planning commission. Amendments to this chapter shall be by passage upon a simple majority vote of the city council, provided that any action or passage overriding the recommendations of the planning commission shall require a four-fifths majority vote of the entire city council.

(Code 1999, § 16.6.3(F))