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

(1)

Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(2)

Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it.

(3)

Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions, including cooperation with the city attorney in the prosecution of complaints.

(4)

Maintain permanent and current records of the zoning ordinances, including all maps, amendments, conditional uses and variances.

(5)

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.

(6)

Provide clerical and technical assistance to the planning commission and board of zoning adjustments and appeals.

(7)

Receive, file and forward as applicable to the board of zoning adjustments and appeals, planning commission, or city council all applications for conditional use permits, variances, amendments or development plans as required herein.

(Zoning Ord., § 11.01)

This chapter shall be administered and enforced by the zoning administrator. The zoning administrator may institute in the name of the city 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. The zoning administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(1)

Enforcement procedure. For the enforcement of the provisions of the zoning chapter, the first zoning violation notice shall be sent by regular mail, and the second notice will be sent by certified mail or return receipt requested to the property owner of which the violation is taking place. A copy of the zoning violation notice shall be sent to the city council, planning commission, city planner, and city attorney. The zoning violation notice shall contain the following information:

a.

A description of the violation which is taking place.

b.

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

c.

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

d.

Identification of the provision of this chapter which is being violated.

e.

Date the violation was discovered.

f.

Steps necessary to correct the violation.

g.

Deadline in which the violation must be corrected, which is at the discretion of the zoning administrator, but which in no case may be longer than 30 days from the date the first notice is mailed.

(2)

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.

(3)

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:

a.

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 satisfaction of the zoning administrator.

b.

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

c.

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.

d.

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

e.

Civic 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 civic court.

f.

Assessment. The city shall have the authority to use the provisions of Minn. Stats. § 429.101, to assess any charge against the property benefited, and any such assessment shall, at the time at which taxes are certified to the county auditor, be certified for collection in the manner that other special assessments are so certified.

g.

Criminal remedies. The city shall have the authority to institute appropriate misdemeanor criminal action for a violation of this chapter. Upon conviction, a fine of not less than $200.00 shall be imposed for each day or part of a day that the violation occurs, starting ten days from the date the zoning administrator placed in the custody of the U.S. Postal Service the zoning violation notice, certified or return receipt requested. It shall be unlawful to violate a provision of this chapter.

h.

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

(Zoning Ord., § 11.02)

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

(Zoning Ord., § 15.01)

Any established use, building or lot legally existing prior to July 1, 2000, and which is herein classified by 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 or building shall, however, require a new conditional use permit be processed according to this division.

(Zoning Ord., § 15.02, subd. 1)

Any established use, building or lot legally existing prior to July 1, 2000, and which is herein classified by this chapter as requiring an interim use permit may be continued in like fashion and activity and shall automatically be considered as having received interim use permit approval. Any change to such a use or building shall, however, require a new interim use permit be processed according to division 7 of this article.

(Zoning Ord., § 15.02, subd. 2)

Nonconforming buildings, structures, and/or uses, which based upon documented study and evidence, pose a danger and/or threat to the health, safety, and general welfare of the community, shall be legally declared a nuisance by the city council.

(Zoning Ord., § 15.02, subd. 3)

(a)

Uses existing prior to adoption of chapter provisions. The lawful use of buildings or land existing on July 1, 2000, which does not conform to the provisions of this chapter may be continued; provided, however, that no such nonconforming use of land shall be enlarged or increased, nor shall any such nonconforming use be expanded to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such nonconforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this chapter.

(b)

Continued use. A lawful, nonconforming use shall not be enlarged, but may be continued at the same size and in the same manner of operation as it existing on the date it became legally nonconforming except as hereinafter specified.

(c)

Changes to nonconforming uses:

(1)

Reversion not allowed. When a lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(2)

Increase of nonconformity not allowed. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

(3)

Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(4)

Normal maintenance. Maintenance of a building or other structure containing or used for a nonconforming use will be permitted when it includes necessary nonstructural repair and incidental alterations which do not extend or intensify the nonconforming building or use.

(Zoning Ord., § 15.02, subd. 4)

(a)

Restoration. No lawful nonconforming building or structure which has been damaged by fire, explosion, act of God or public enemy to the extent of more than 50 percent of its value, as determined by the city building official, and for which no building permit has been applied for within 180 days of when the property is damaged shall be restored, except in conformity with the regulations of this chapter.

(b)

Alterations. Alteration and normal maintenance to a lawful nonconforming building or structure may be made provided:

(1)

The alterations do not expand the building size.

(2)

The alterations do not change the building occupancy capacity or parking demand.

(3)

The alteration does not increase the nonconformity of the building or the use.

(c)

Expansion of nonconforming buildings or structures.

(1)

Administrative approvals. The following expansions of lawful nonconforming building and structures may be approved through the administrative permit process by the zoning administrator, subject to provisions of division 6 of this article. The zoning administrator shall make a determination that the building expansion will have not external negative impacts upon adjacent properties or public rights-of-way.

a.

Expansion of buildings found to be nonconforming only by reason of height, yard setback, or lot area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of this chapter.

b.

Lawful nonconforming single-family and two-family units may be expanded to improve the livability, provided the nonconformity of the structure is not increased.

(2)

Conditional use permit. Lawful nonconforming commercial, industrial, public, semi-public, and multiple-family structures may be expanded on the same lot by conditional use permit provided:

a.

Expansion of buildings found to be nonconforming only by reason of height, yard and setback or lot areas are exempt from requiring a conditional use permit.

b.

Except as provided in subsection (a) of this section, the expansion will not increase the nonconformity of the building or site.

c.

The new building expansion will conform to all the applicable performance standards of this chapter. A conditional use permit shall not be issued under this division for a deviation from other requirements of this chapter unless variances are also approved.

d.

The request for conditional use permit shall be evaluated based on standards and criteria set forth in subsection 117-126(e) and section 117-128.

(Zoning Ord., § 15.02, subd. 5)

(a)

Vacant or redeveloped lots.

(1)

Lot combination. If an owner has an interest in more than one lot of record contiguous to other lots of record, all such lots shall be combined to meet the requirements of this division or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. Except in the case of a planned unit development, there shall be no approval of any proposal for multiple lot developments based upon lots of record, and not conforming to the provisions of the existing zoning district.

(2)

Single-family detached dwellings. Legal nonconforming, vacant, substandard-sized lots of record may be developed for single-family detached dwellings upon approval of an administrative permit by the zoning administrator, provided that:

a.

Pre-existence as tax parcel. The lot in question was legally established in accordance with chapter requirements existing at the time of its creation and is a separate, distinct tax parcel.

b.

Zoned for single-family use. The lot is properly zoned for single-family land uses.

c.

Minimum lot size, sewered and unsewered.

1.

Sewered lots. A lot of record having direct access to municipal sewer and water shall be considered buildable provided measurements for lot area and/or width are within 70 percent of the requirements of the base zoning district.

2.

Unsewered lots. A lot of record not having access to municipal sewer and water shall be considered buildable provided it complies with section 117-1071.

d.

Frontage on public street required. The lot in question has frontage on a public street.

e.

Adequate provision of water and sewer facilities possible. Public health concerns (potable water and sanitary sewer) can be adequately provided.

f.

Setback and yard requirements. The setback and yard requirements of the applicable zoning district or section 117-1067 can be achieved while simultaneously resulting in development which complies with the character and quality of the immediate area and the objectives of the city's comprehensive plan and zoning regulations.

g.

Acceptability per standards. The lot in question and related potential development are evaluated based upon criteria outlined in section 117-126(e) and are found to be acceptable per these standards.

(b)

Developed lots. An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this chapter.

(Zoning Ord., § 15.02, subd. 6)

Nonconforming buildings and uses within the special protection districts as defined in article III of this chapter shall be subject to the applicable regulations and standards relating to such buildings and uses in that article.

(Zoning Ord., § 15.03)

(a)

Application; fee. Request for rezoning (text or map) shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by the city. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning administrator, fully explaining the proposed change, development, or use and two copies of a list of property owners located within 350 feet of the subject property in a format prescribed by the zoning administrator when necessary to give notices required by statute. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

(b)

Notice to adjacent owners. Within ten days of receipt of a complete application, as determined by staff review, for a rezoning (map amendment or text amendment affecting a PUD), the zoning administrator shall cause a notice to be mailed to all owners of land within 350 feet of the boundary of the property in question, informing them of the receipt of the application and the anticipated schedule for consideration of the amendment when such notice is necessary to comply with statute.

(c)

Public hearing. Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the zoning administrator, when appropriate, shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing, and report its findings and make recommendations to the city council.

(d)

Proceedings valid if not received. Failure of a property owner to receive notices not required by statute shall not invalidate any such proceedings as set forth within this chapter.

(e)

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

(f)

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

(1)

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

(2)

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

(3)

The proposed use conforms to all performance standards contained herein and this Code.

(4)

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

(5)

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

(g)

Additional information. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(h)

Appearance before planning commission. The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.

(i)

Finding of fact; recommendation. The planning commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter.

(j)

Timeframe for council action. The city council shall not act upon an amendment until they have received a report and recommendation from the planning commission and the city staff or until 60 days after the first regular planning commission meeting at which the request was considered.

(k)

Council consideration of planning commission/staff report. Upon receiving the report and recommendation of the planning commission and the city staff, the zoning administrator shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

(l)

Hearing may be set. Upon receiving the report and recommendation of the planning commission, the city council shall have the option to set and hold a public hearing if deemed necessary.

(m)

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

(n)

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

(Zoning Ord., § 3.01)

The city council or planning commission may, upon their own, initiate a request to amend the text or the district boundaries of this chapter. The procedural requirements of subsections 117-96(a) and (b) shall not apply to such proposed amendments except to the extent required by state statute. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect the said real estate.

(Zoning Ord., § 3.02)

Prior to approving an application for rezoning, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the rezoning application relates.

(Zoning Ord., § 3.03)

State Law reference— Authority to so provide, Minn. Stats. § 462.353, subd. 5.

The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet to ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.

(Zoning Ord., § 4.01)

(a)

Request for conditional use permits, as provided within this chapter, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by the city. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning administrator, fully explaining the proposed change, development, or use and a list of property owners located within 350 feet of the subject property in a format prescribed by the zoning administrator. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

(b)

Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the zoning administrator, when appropriate, shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten days prior to the hearing, and written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question.

(c)

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

(d)

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

(e)

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

(1)

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

(2)

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

(3)

The proposed use conforms to all performance standards contained herein and this Code.

(4)

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

(5)

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

(f)

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(g)

The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.

(h)

The planning commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. Such recommendation shall be in writing.

(i)

The city council shall not grant a conditional use permit until it has received a report and recommendation from the planning commission and the city staff, or until 60 days after the first regular planning commission meeting at which the request was considered.

(j)

Upon receiving the report and recommendation of the planning commission and the city staff, the zoning administrator shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

(k)

Upon receiving the report and recommendation of the planning commission, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they consider necessary to protect the public health, safety and welfare.

(l)

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

(m)

Approval of a request shall require passage by a three-fifths majority vote of the entire city council.

(n)

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

(Zoning Ord., § 4.02)

The information required for all conditional use permit applications shall be as specified in section 117-170.

(Zoning Ord., § 4.03)

As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the following general performance standards and criteria:

(1)

The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.

(2)

The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with article IX of this chapter.

(3)

If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

(4)

Adequate off-street parking and off-street loading shall be provided in compliance with article IX of this chapter.

(5)

Loading docks and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any adjacent residential use or district, and shall be in compliance with article IX of this chapter.

(6)

Whenever a nonresidential use is adjacent to a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with article VIII of this chapter.

(7)

General site screening and landscaping shall be provided in compliance with article VIII of this chapter.

(8)

All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts, and shall be in compliance with section 117-1036.

(9)

Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 14-22.

(10)

The site drainage system shall be subject to the review and approval of the city engineer.

(11)

The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause impairment of property values or a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

(12)

Provisions shall be made for an interior location for recycling and trash handling and storage, or an outdoor, enclosed receptacle area shall be provided in compliance with section 117-1106.

(13)

All signs and informational or visual communication devices shall be in compliance with article XII of this chapter.

(14)

The use and site shall be in compliance with any federal or state laws or regulations which are applicable, and any related permits are obtained and documented to the city.

(15)

Any applicable business licenses mandated by this Code are approved and obtained.

(16)

The hours of operation may be restricted when there is potential negative impact upon a residential use or district.

(17)

The use complies with all applicable performance standards of the zoning district in which it is located.

(18)

All conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

(Zoning Ord., § 4.04)

The planning commission may recommend, and the city council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this chapter, city codes, or other applicable regulations. The city council or planning commission shall initiate an application and the zoning administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to section 117-126. The zoning administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the planning commission and city council.

(Zoning Ord., § 4.05)

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

(1)

Minor permit modifications.

a.

Additional qualifications. In addition to other considerations noted above, minor permit modifications shall meet the following criteria:

1.

Sites shall be in nonresidential zoning districts, and shall not abut any residential zoned property.

2.

All sites must be in the urban service area as defined by the comprehensive plan.

3.

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

4.

All applications for permit modification shall be complete and in full accordance with the requirements of section 117-126. All applicable fees shall be paid.

5.

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

6.

Only applications for preexisting, pre-approved uses explicitly classified as conditional uses within the respective zoning districts of this chapter are eligible for administrative approval.

b.

Procedure. Administrative approval of minor permit modifications shall be subject to the requirements of division 6 of this article.

(2)

Major permit modifications.

a.

Qualifications. Any permit modification not classified or qualifying as minor shall be classified as major.

b.

Procedure. Major permit modifications shall be processed according to section 117-126 and shall be subject to all requirements and standards of this chapter.

(Zoning Ord., § 4.06)

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

(Zoning Ord., § 4.07)

Following the approval of a conditional use permit as required by this division and prior to the issuing of any building permits or the commencing of any work, the applicant shall guarantee to the city, as may be applicable, the completion of all private exterior amenities as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in division 5 of this article.

(Zoning Ord., § 4.08)

Prior to approving an application for a conditional use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the conditional use permit application relates.

(Zoning Ord., § 4.09)

State Law reference— Authority to so provide, Minn. Stats. § 462.353, subd. 5.

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

(Zoning Ord., § 10.01; Ord. No. 02-2007, § 10.01, 6-4-2007)

The following shall be exempt from the foregoing site plan review requirements:

(1)

Agricultural use developments in the U-R zoning district.

(2)

Single-family detached dwellings.

(3)

Two-family attached dwellings.

(Zoning Ord., § 10.02; Ord. No. 02-2007, § 10.02, 6-4-2007)

(a)

Prior to the formulation of a site plan, applicants may present a sketch plan to the zoning administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet and may include the following:

(1)

The proposed site with reference to existing development, topography, and drainage conditions on adjacent properties, at least to within 200 feet.

(2)

Natural features.

(3)

General location of existing and proposed structures including signs.

(4)

Tentative access, circulation and street arrangements, both public and private.

(5)

Amenities to be provided such as recreational areas, open space, walkways, landscaping, etc.

(6)

General location of parking areas.

(7)

Proposed public sanitary sewer, water and storm drainage.

(8)

A statement showing the proposed density of the project with the method of calculating said density also shown.

(9)

Extent of and any proposed modifications to land within the special environmental protection districts as established by article III of this chapter.

(10)

Other items as may be deemed necessary by city staff.

(b)

The zoning administrator shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning administrator, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request.

(Zoning Ord., § 10.03; Ord. No. 02-2007, § 10.03, 6-4-2007)

(a)

Application filed. Request for site plan approval, as provided within this chapter, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as provided by the city. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning administrator fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

(b)

Proof of ownership or authorization. The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner of the property in question to proceed with the requested site plan approval.

(c)

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

(d)

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

(e)

Appearance before commission. The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.

(f)

Recommendation by commission. The planning commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter.

(g)

Timeframe for city council action. The city council shall not consider a site plan application until they have received a report and recommendation from the planning commission. If, however, the planning commission has not acted upon the request after 60 days from the first regular meeting at which the request was considered, the city council may proceed with its considerations and action on the request.

(h)

Consideration by city council. Upon receiving the report and recommendation of the planning commission, the zoning administrator shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

(i)

Appearance before city council. The applicant or a representative thereof may appear before the city council in order to present information and answer questions concerning the proposed request.

(j)

City council decision. The city council shall reach a decision on the request within 60 days after the meeting at which the matter was first considered by the council. Approval of a request shall require passage by a majority vote of the entire city council.

(k)

Certification of taxes paid. Prior to approving an application for a major project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates.

(Zoning Ord., § 10.04; Ord. No. 02-2007, § 10.04, 6-4-2007)

The planning commission and city council shall evaluate the effects of the proposed site plans. This review shall be based upon, but not be limited to the following:

(1)

Compliance with and effect upon the comprehensive plan and public facilities plans.

(2)

The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety or welfare.

(3)

The use event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

(4)

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

(5)

Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed.

(6)

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

(7)

The use, event or activity and site conform to the performance standards as outlined in section 117-128 (conditional use permit, general performance standards) and all other applicable provisions of this chapter.

(8)

The request complies with all other applicable sections of this Code.

(Zoning Ord., § 10.05; Ord. No. 02-2007, § 10.05, 6-4-2007)

The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the zoning administrator:

(1)

A current certificate of survey, prepared and signed by a land surveyor, depicting the following:

a.

Scale of plan (engineering scale only): at least one inch equals 50 feet or less.

b.

North point indication and a map legend.

c.

Existing boundaries with lot dimension and area.

d.

Existing site improvements.

e.

All encroachments.

f.

Easements of record.

g.

Legal description of the property.

h.

Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property.

(2)

A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

a.

Name and address of developer/owner.

b.

Name and address of architect/designer.

c.

Date of plan preparation.

d.

Dates and description of all revisions.

e.

Name of project or development.

f.

All proposed improvements, including:

1.

Required and proposed setbacks.

2.

Location, setback and dimensions of all proposed buildings and structures.

3.

Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.

4.

Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

5.

Location, number, and dimensions of proposed loading spaces.

6.

Location, width, and setbacks of all curb cuts and driveways.

7.

Vehicular circulation.

8.

Sidewalks, walkways, trails.

9.

Location and type of all proposed lighting, including details of all proposed fixtures.

10.

Location of recreation and service areas.

11.

Location of rooftop equipment and proposed screening.

12.

Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

13.

Location, sizing, and type of water and sewer system mains and proposed service connections.

(3)

Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a state licensed engineer, depicting the following:

a.

Existing contours at two-foot interval (may be prepared by a state-licensed surveyor).

b.

Proposed grade elevations at two-foot maximum intervals.

c.

Drainage plan, including the configuration of drainage areas and calculations.

d.

Storm sewer, catchbasins, invert elevations, type of castings, and type of materials.

e.

Spot elevations (may be prepared by a state licensed surveyor).

f.

Proposed driveway grades.

g.

Surface water ponding and treatment areas.

h.

Erosion control measures.

(4)

Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

a.

Planting schedule (table) containing:

1.

Symbols.

2.

Quantities.

3.

Common names.

4.

Botanical names.

5.

Sizes of plant material.

6.

Root specification (bare root, balled and burlapped, potted, etc.).

7.

Special planting instructions.

b.

Location, type and size of all existing significant trees to be removed or preserved.

c.

Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

d.

Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

e.

Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

f.

Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

g.

Delineation of both sodded and seeded areas with respective areas in square feet.

h.

Coverage plan for underground irrigation system, if any.

i.

Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

j.

Other existing or proposed conditions which could be expected to affect landscaping.

(5)

Other plans and information as required by the zoning administrator including, but not limited to:

a.

Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

b.

Typical floor plan and typical room plan drawn to scale with a summary of square footage for each use or activity.

c.

Fire protection plan.

d.

Extent of any proposed modifications to land within the special protection districts, as established by article III of this chapter.

e.

Type, location and size (area and height) of all signs to be erected upon the property in question.

f.

Vicinity map showing the subject property in reference to nearby highways or major street intersections.

g.

Sound source control plan.

h.

Lighting plan.

(Zoning Ord., § 10.06; Ord. No. 02-2007, § 10.06, 6-4-2007)

(a)

Unless otherwise specified by the zoning administrator or city council as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this division.

(b)

An application to extend the approval of a site plan for up to an additional one year shall be submitted to the zoning administrator not less than 30 days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the zoning administrator prior to the lapse of approval of the original request. A request pertaining to a major project involving a longer period of time than one year or a second request for a time extension shall be presented to the planning commission for recommendation and to the city council for a decision.

(c)

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

(Zoning Ord., § 10.08; Ord. No. 02-2007, § 10.07, 6-4-2007)

Following the approval of the site plan required by this chapter and before issuance of a building permit, the applicant shall guarantee to the city, as may be applicable, the completion of all private exterior amenities as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below:

(1)

The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the city attorney and shall define the required work and reflect the terms of this division as to the required guarantee for the performance of the work by the applicant.

(2)

The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields structures or buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.

(3)

A financial guarantee shall be submitted with the executed site performance agreement as provided herein:

a.

Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the zoning administrator.

b.

The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the zoning administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this division.

c.

When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, not withstanding the status of the site performance agreement or of the required work, the expiration date shall be October 31; further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least 60 days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 30 days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the zoning administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least 30 days prior to the expiration. The term of any extension shall be approved by the zoning administrator. Upon receipt of an acceptable substitute financial guarantee, the zoning administrator may release the original guarantee.

d.

The amount of the financial guarantee shall be established by the zoning administrator based upon an itemized estimate of the cost of all required work. A cash deposit or irrevocable letter of credit shall be in the amount of 100 percent of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the zoning administrator.

e.

The applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work.

(4)

The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant and approved by the city, the zoning administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one winter season which is defined for the purpose of this division as the period of October 31 through April 30.

(5)

The applicant shall notify the city in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the zoning administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the average standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action to release or to reduce the amount of the financial guarantee shall be taken by the zoning administrator.

(Zoning Ord., § 10.09; Ord. No. 02-2007, § 10.08, 6-4-2007)

The review and approval of site improvements pursuant to the requirements of building and fire codes shall be in addition to the site plan review process established under this division. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

(Zoning Ord., § 10.10; Ord. No. 02-2007, § 10.09, 6-4-2007)

All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the zoning administrator for review and approval.

(Zoning Ord., § 10.11; Ord. No. 02-2007, § 10.10, 6-4-2007)

The zoning administrator shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this division has been officially documented by the building official.

(Zoning Ord., § 10.12; Ord. No. 02-2007, § 10.11, 6-4-2007)

The purpose of this division is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approval of the zoning administrator with the goal of protecting the health, safety, and welfare of the citizens of the city.

(Zoning Ord., § 7.01)

(a)

Procedure.

(1)

Application for an administrative permit shall be filed by the property owner or designated agent with the zoning administrator on forms to be provided by the city.

(2)

The application shall be accompanied by a fee as established by the city council. Applications for amending permits shall be accompanied by a fee as established by city council.

(3)

The zoning administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this chapter. The zoning administrator shall notify the applicant, in writing, of an incomplete application within ten days of the date of submission.

(4)

The zoning administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be based upon, but not limited to, the following factors:

a.

Compliance with and effect upon the comprehensive plan and public facilities plans.

b.

The establishment, maintenance or operation of the use, event or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

c.

The use, event, or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

d.

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

e.

Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed.

f.

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

g.

The use, event or activity and site conform to the performance standards as outlined in section 117-128 and all other applicable provisions of this chapter.

(5)

The zoning administrator shall make a determination on approval or denial of the administrative permit within 60 days from the date of submission of a complete application.

(6)

A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this chapter shall be attached to the permit.

(7)

Determination of noncompliance with applicable codes, ordinances, and the standards in this section shall be communicated to the applicant in writing and the application for the permit shall be considered denied unless, within ten days of the date of such notice, the applicant submits revised plans and/or information with which the zoning administrator is able to determine compliance.

(8)

Unresolved disputes as to administrative application of the requirements of this section shall be subject to appeal as defined by division 9 of this article.

(b)

Information requirement. The information required for all administrative permit applications shall include:

(1)

A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the zoning administrator to fully evaluate the application.

(2)

A copy of the approved site plan for the property or an as built survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

(3)

An accurate floor plan, when in the judgment of the zoning administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits.

(4)

A copy of the current sales tax certificate issued by the state, if applicable.

(5)

Information identified division 5 of this article, as may be applicable.

(c)

Performance standards. All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

(d)

Administration and enforcement.

(1)

The zoning administrator shall keep a record of applications and administrative permits.

(2)

A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the zoning administrator.

(3)

Enforcement of the provisions of this section shall be in accordance with division 1 of this article. Violation of an issued permit or of the provisions of this division also shall be grounds for denial of future permit applications.

(e)

Certification of taxes paid. Prior to approving an application for an administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the administrative permit application relates.

(Zoning Ord., § 7.02)

State Law reference— Authority to deny for unpaid taxes, assessments, etc., Minn. Stats. § 462.353, subd. 5.

In cases where the zoning administrator is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in subsection 117-205(a)(4).

(Zoning Ord., § 7.03)

Following the approval of an administrative permit or nonpermit approval as required by this chapter and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the administrative permit, or nonpermit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in section 117-172.

(Zoning Ord., § 7.04)

The purpose and intent of allowing interim uses is:

(1)

To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

(2)

To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

(3)

To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

(Zoning Ord., § 5.01)

Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established in division 4 of this article.

(Zoning Ord., § 5.02)

An interim use shall comply with the following:

(1)

Meet the standards of a conditional use permit set forth in section 117-126.

(2)

Conform to the applicable general performance standards of section 117-128.

(3)

The use is allowed as an interim use in the respective zoning district.

(4)

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

(5)

The use will not impose additional unreasonable costs on the public.

(6)

The user agrees to any conditions that the city council deems appropriate for permission of the use.

(Zoning Ord., § 5.03)

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

(1)

The date stated in the permit.

(2)

Upon violation of conditions under which the permit was issued.

(3)

Upon change in the city's zoning regulations which renders the use nonconforming.

(4)

The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(Zoning Ord., § 5.04)

Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the interim use permit application relates.

(Zoning Ord., § 5.05)

State Law reference— Authority to so provide, Minn. Stats. § 462.353, subd. 5.

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

(Zoning Ord., § 5.06)

Following the approval of an interim use permit as required by this chapter and prior to the issuing of any building permits or the commencing of any work, the applicant shall guarantee to the city, as may be applicable, the completion of all improvements as shown on the approved site plan and as required by the interim use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in section 117-172.

(Zoning Ord., § 5.07)

The purpose of this division is to provide for deviations from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter.

(Zoning Ord., § 8.01; Ord. of 7-2-2012(1))

The city council shall act as the board of zoning adjustments and appeals.

(Zoning Ord., § 8.02; Ord. of 7-2-2012(1))

State Law reference— Authority of council to service as board of adjustments and appeals, Minn. Stats. § 462.354, subd. 2.

(a)

Requests for a variance shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by the city. This fee shall not be refunded. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:

(1)

A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this division.

(2)

Supporting materials, as outlined in section 117-170, as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

(b)

Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the zoning administrator, when appropriate, shall establish a time and place for consideration by the planning commission. At least ten days before the date of the meeting, a written notice of the meeting shall be mailed to the applicant and to all other owners of property located within 350 feet of the boundaries of the property which is the subject of the application.

(1)

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

(2)

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

(3)

The planning commission and zoning administrator shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(4)

The applicant or a representative thereof may appear before the planning commission in order to present and answer questions concerning the proposed request.

(5)

The planning commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the purpose of this chapter. Such recommendations shall be in writing. A variance shall not be recommended for approval by the planning commission or granted by the council unless the planning commission first considers the following standards.

a.

The variance is consistent with the adopted comprehensive plan.

b.

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

c.

The applicant establishes that there are 'practical difficulties' in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance, means that:

1.

The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;

2.

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

3.

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

4.

Economic considerations alone shall not constitute practical difficulties under the terms of the ordinance.

5.

Practical difficulties shall includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

6.

Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, as may be amended, when in harmony with the zoning ordinance.

(6)

The board shall not act upon the request until they have received a report and recommendation from the planning commission and the city staff or until 60 days after the first regular planning commission meeting at which the request was considered.

(7)

Upon receiving the report and recommendation of the planning commission, the zoning administrator shall schedule the application for consideration by the board. Such reports and recommendations shall be entered in and made part of the permanent written record of the board meeting.

(8)

Upon receiving the report and recommendation of the planning commission, the planning commission shall hold a public hearing and shall make a recorded finding of fact and may impose any condition it considered necessary to protect the public health, safety and welfare.

(9)

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

(10)

Approval of a request shall require passage by a majority vote of the entire board.

(11)

In granting any variance under the provisions of this division, the board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the adjustment or variance is granted as to light, air, and the public health, safety, comfort, convenience and general welfare.

(12)

In all cases where variances are granted under the provisions of this division, the board shall require such evidence and guarantee as it may deem necessary to ensure compliance with the conditions designated in connection therewith.

(13)

The zoning administrator shall serve a copy of the final order of the board upon the petitioner by mail.

(14)

Whenever an application for a variance has been considered and denied by the board, a similar application for a variance affecting substantially the same property shall not be considered again by the planning commission or board for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or board for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full board.

(Zoning Ord., § 8.04; Ord. of 7-2-2012(1))

Unless the board specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this division shall expire without further action by the planning commission or the board, unless the applicant commences the authorized use or improvement within one year of the date the variance is issued; or unless before the expiration of the one-year period the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by resolution of the city council. The request for extension shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. A request for an extension not exceeding one year shall be subject to the review and approval of the zoning administrator. On matters involving a variance approval, should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the planning commission for a recommendation and to the board for a decision.

(Zoning Ord., § 8.06; Ord. of 7-2-2012(1))

Following the approval of a variance as required by this division and prior to the issuing of any building permits or the commencing of any work, the applicant shall guarantee to the city, as may be applicable, the completion of all private exterior amenities as shown on the approved site plan and as required by the variance approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in division 5 of this article.

(Zoning Ord., § 8.07; Ord. of 7-2-2012(1))

Prior to approving an application for a variance the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates.

(Zoning Ord., § 8.08; Ord. of 7-2-2012(1))

State Law reference— Authority to so provide, Minn. Stats. § 462.353, subd. 5.

The city council shall serve as the board of adjustments and appeals.

(Zoning Ord., § 9.01)

State Law reference— Authority of council to service as board of adjustments and appeals, Minn. Stats. § 462.354, subd. 2.

An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.

(Zoning Ord., § 9.02)

An appeal from the ruling of an administrative officer of the city shall be filed with the zoning administrator by the property owners or their agent within 30 days after the making of the order being appealed.

(Zoning Ord., § 9.03)

An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the board of adjustments and appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the city.

(Zoning Ord., § 9.04)

The procedure for making such an appeal shall be as follows:

(1)

The property owner or their agent shall file with the zoning administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by the city. In cases where the application is judged incomplete, the zoning administrator shall notify the applicant, in writing, within ten days of the date of submission.

(2)

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

(3)

The zoning administrator shall serve a copy of the final order of the board upon the petitioner by mail.

(Zoning Ord., § 9.05)