The Zoning Administrator shall administer and enforce this Ordinance. The City Council may assign the duties of Zoning Administrator to the City Administrator. The City Council, upon recommendation of the Planning Commission or Zoning Administrator or upon other information, shall direct the Zoning Administrator to enforce the Zoning Ordinance through such administrative, criminal remedies as the law provides.

For the purpose of this Ordinance, the Zoning Administrator shall have the following duties:

   A.   Upon finding that any of the provisions of this Ordinance are being violated, the Zoning Administrator will notify the property owner in writing or by phone of such violation, ordering the action necessary to correct such violation;

   B.   The Zoning Administrator has the authority to order discontinuance of illegal uses of land, Buildings, or Structures; removal of illegal Buildings or Structures or illegal additions or structural Alterations; order discontinuance of any illegal work being done;

   C.   The Zoning Administrator may take any other action authorized by Chapters 7A and 7B to ensure compliance with or to prevent violation(s) of this Ordinance. This may include the issuance of and action on Zoning and certificate of occupancy approvals and permits and such similar administrative duties as are permissible under the law;

   D.   The Zoning Administrator has the authority to issue Zoning approvals and Agricultural Use Zoning Permits. (Building Inspector issues Building permits);

   E.   The Zoning Administrator makes recommendations to the City Council on matters concerning enforcement of Chapters 7A through 7F ;

   F.   The Zoning Administrator is authorized to allow modifications to prior approved fences, screening or landscaping plans, provided the modifications are consistent with the intent and scope of the prior approved plans.

   A.   The Planning Commission shall make recommendations of rules necessary to the conduct of its affairs in keeping with the provisions of Chapters 7A and 7B. Meetings shall be held on the first and third Wednesdays of each month and at such times as the Commission may determine. All meetings shall be open to the public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions all of which shall be of public record and be immediately filed with the City Clerk.

   B.   Unless otherwise provided herein, Planning Commission proceedings adjudicating the rights of individuals shall be conducted in accordance with Chapter 10 of this Code.

For the purpose of this Ordinance, the Planning Commission shall have the following additional duties:

   A.   Initiate or receive and comment on proposed amendments to the comprehensive plan, and to all amendments to the zoning and subdivision regulations in the City Code;

   B.   Review all proposed amendments to this Ordinance and make recommendations to the City Council as specified in this Chapter;

   C.   Review and approve site plans as required in this Chapter;

   D.   Hold public hearings and make recommendations to the City Council on Conditional Use Permits and Interim Use Permits;

   E.   Hold other public hearings as required or directed by the City Council;

   F.   Review and report to the City Council or Board of Adjustments and Appeals on other matters as directed by the City Council.

For all zoning actions or permit applications, other than agricultural and single family residential building permits, a site plan review is required. An application provided by the City must be completed along with other submittal requirements. Fees established by the City must be paid prior to acceptance of the application.

   A.   Site Plan Review Submittal Requirements

      1.   Boundary survey of parcel including identification of all monuments.

      2.   Scaled location of all buildings, structures, driveways, sidewalks, trails, parking stalls and curbing.

      3.   Scaled identification of all setback dimensions from property lines.

      4.   Scaled locations of all existing and proposed utilities and easements.

      5.   Scaled depictions of floor plans for each story/level of any proposed building.

      6.   Scaled depictions of each proposed building elevation and descriptions of exterior building materials and color schemes.

      7.   Scaled site grading plans, including erosion and sedimentation control mechanisms and procedures.

      8.   Stormwater calculations and proposed stormwater management plans.

      9.   Calculations of total site acreage and impervious surfaces.

      10.   Scaled delineations of any shoreland, floodplain or wetland areas on the site.

      11.   Identification of any floodplain or wetland encroachments and detailed mitigation plans.

      12.   Detailed landscape plans, illustrating size, types and locations of all materials, a description of site seeing or sodding, a description of the timetable for site landscaping and the identification of any irrigation systems.

      13.   Detailed descriptions of any site fencing, including type, location and height.

      14.   Detailed descriptions of any signs, including type(s), location, setback, and height.

      15.   All plans shall be dated and bear the preparer(s) name(s), including professional registrations or certifications when appropriate or required.

      16.   Narrative statement with a detailed description of the business operation that identifies the proposed use as set forth in the applicable zoning district and the effect of noise, glare, odor, fumes, and vibration on adjoining property along with any proposed mitigation of such effects; a discussion of the general compatibility with adjacent properties in the district; and the consistency of the proposed use with the Comprehensive Plan; and

      17.   Such other information as may recommended by the Zoning Administrator.

   B.   Planning Commission Recommendation/City Council Action:

      1.   Applicants shall submit twelve (12) sets of site plans with the required application form to the Zoning Administrator for review. Site plans will be evaluated for consistency with documentation requirements. Upon acceptance of the application, site plans will be distributed to the Planning Commission and City Council for review and action.

      2.   Within the timeframe prescribed by law, the Planning Commission shall recommend and the City Council shall act to either approve, modify or deny site plan applications, based upon consistency of the application with the City’s Comprehensive Plan, Zoning Ordinance, other policies and official controls and the compatibility of the proposed action with existing area land uses, existing area investments and neighborhood character, capacity of public streets and utilities and future planned land uses.

A Board of Adjustments and Appeals is hereby created. The City Council sits as the Board of Adjustments and is the final arbiter of Zoning matters arising under the City Code. The Board of Adjustments and Appeals shall have the power and authority set forth in Minn. Stat. § 462.357 and § 462.359, as amended.

The Board of Adjustments and Appeals shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance. Meetings shall be held upon proper publication and notice by the Zoning Administrator, at the call of the chair, or at such other times as the Board of Adjustments and Appeals may determine. The chair, or in the absence of the chair, the vice chair or acting chair, shall conduct the meetings. All meetings shall be open to the public. The Board of Adjustments and Appeals shall keep minutes of its proceedings, and shall keep public records of its examinations and other official actions, filed in the offices of the City.

For the purpose of this Chapter, the Board of Adjustments and Appeals has the following specific responsibilities:

   A.   To hear and decide appeals where it is alleged there is an error in any order requirement, decision, interpretation, or determination made by the Zoning Administrator in the enforcement of this Chapter;

   B.   To hear and consider requests for variances from the literal provisions of this Chapter where their strict enforcement would result in undue hardship there are practical difficulties in complying with the Ordinance because of circumstances unique to the property under consideration and to grant such variances only when it is demonstrated that such actions will be in harmony with the general purposes and intent of this Chapter and consistent with the Comprehensive Plan.

Decisions of the City Council acting as the Board of Adjustments are final subject to judicial review.

Any party wishing to appeal an administrative decision or request a variance shall complete a City application form, provide such information as requested, and pay all fees prior to consideration of the appeal or variance. Upon receipt of a completed application a public hearing before the City Planning Commission shall be scheduled. The Planning Commission shall make a recommendation to the City Council acting as the Board of Adjustments based on the required findings under Section 7A-525. Notice of the hearing shall be published in the official newspaper at least ten (10) days prior to the hearing. Notification of an appeal involving a specific property and notification of all variances shall be mailed to all owners of property within 350 feet of the affected property. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with these procedures has been made.

An application for a variance shall be accompanied by a description of the nature of the variance requested and a narrative statement addressing the following standards:

   A.   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same District; and

   B.   That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same District under the terms of this Ordinance; and

   C.   That special conditions and circumstances do not result from the action of the applicant; and

   D.   That granting the variance will not alter the essential character of the area or community;

   E.   That granting the variance will not result in a use that is otherwise not permitted in the zoning district; and

   F.   That the applicant proposes to use the property in a reasonable manner.

The City Council acting as the Board of Adjustments and Appeals must make all of the following findings in order to grant a variance:

   A.   That the landowner proposes to use the property in a reasonable manner.

   B.   That the practical difficulty or plight of the landowner is unique to the subject property and is not created by the landowner.

   C.   That the variance, if granted, will not alter the essential character of the neighborhood or City.

   D.   That the terms of the variance are consistent with the Comprehensive Plan.

   E.   That the variance, if granted, is in harmony with the purpose and intent of the Zoning Ordinance.

   F.   That the practical difficulty is not created solely by economic considerations.

In making its determination on whether to grant or deny a variance, the Board of Adjustments and Appeals shall follow the following non-exclusive factors:

   A.   If applicable, variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes 216C.06., Subdivision 14, as amended when in harmony with this Ordinance.

   B.   If applicable, the Board of Adjustment may consider the inability to use solar energy systems a hardship in the granting of variances.

   C.   Economic considerations alone cannot constitute a hardship if a reasonable use for the property exists under the terms of this Ordinance.

   D.   No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.

The Board of Adjustments and Appeals shall make appropriate findings for the record in any decisions regarding an appeal. Decisions by the Board of Adjustments and Appeals for variances or appeals shall require a simple majority of a quorum of the members.

No reapplication for a variance or appeal that has been denied may be submitted for review and consideration by the Board of Adjustments and Appeals within twelve (12) months of the denial.

Interim Use Permits granted in this section shall be temporary in nature, valid in accordance with Section 7A-532. Interim Use Permits shall be granted to a designated person or entity, and are not transferable to other persons or entities.

   A.   Applications for Interim Use Permits shall be filed with the Zoning Administrator, together with a filing fee established by the City Council by ordinance. The application shall be forwarded to the Planning Commission for a public hearing. Notice of the hearing shall be published in the official newspaper at least ten (10) days prior to the hearing. Notification of the hearing shall be mailed to all owners of property within 350 feet of the affected property. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceeds, provided a bona fide attempt to comply with these procedures has been made. Following the public hearing, the Planning Commission shall make its findings and forward its recommendations to the City Council for final action on the application for an Interim Use Permit. The City Council shall consider the recommendations of the Planning Commission, and may consult with the Zoning Administrator, City Planner, and City Building Official where the City Council finds it beneficial to the deliberation of the Interim Use Permit.

   B.   Upon the expiration of Interim Use Permit term, an Applicant may reapply for an Interim Use Permit in the same manner as an initial application. Prior granting of an Interim Use Permit does not give an Applicant any vested right to a subsequent Interim Use Permit. Interim Use Permits shall conform to restrictions or conditions applicable to all uses in the district, and other conditions the City Council may determine are necessary to avoid conflict with surrounding land usage.

   C.   Findings. The City Council shall make the following findings when issuing an Interim Use Permit:

      1.   That the use is allowed in the District and conforms to the regulations of this Section;

      2.   That the date or event that will terminate the use can be identified with certainty;

      3.   That permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

      4.   That the user agrees to any conditions that the City Council deems appropriate for permission of the use.

An application for Interim Use Permit shall be filed with the Zoning Administrator by at least one owner or lessee of property for which such Interim use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address, and phone number of applicant;

   B.   Legal description of property and a survey if the description is other than either a regular platted Lot or a simple fractional share of a land section;

   C.   Description of existing use;

   D.   Zoning District;

   E.   Description of proposed Interim Use;

   F.   A plan of the proposed site for the Interim Use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed interim use meets the intent, and requirements of this Ordinance.

   G.   A narrative statement evaluating the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the District; and the relationship of the proposed use to the comprehensive Plan; and

   H.   Such other information as may be recommended by the Zoning Administrator.

An Interim Use Permit shall terminate upon the happening any of the following events, whichever occurs first:

   A.   The termination date stated in the permit;

   B.   A governmental agency with authority for construction of public roadways requires the underlying property for roadway purposes;

   C.   The accomplishment of an event which completes the term or fulfills the conditions of the permit;

   D.   A violation of the conditions or terms of the permit; or

   E.   A change in the zoning regulations that renders the use nonconforming.

Conditional Uses shall conform to the procedures and requirements of Section 7A-541 through 7A-547 of this Chapter.

It is recognized that land uses evolve and new uses are established, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. Conditional Uses are designed to allow certain land use activities while requiring special conditions that preclude such uses from being incompatible with other existing or planned conventional uses. If the Planning Commission feels that, because of the unusual nature of the requested Conditional Use Permit, employment of consultants is needed, any such resulting consulting fees shall be paid by the applicant.

   A.   All conditional Use Permits shall be probationally issued. Each permit shall be reviewed by the Zoning Administrator one (1) year following the date upon which the permit was issued for a determination that the property is being used in compliance with the conditions stated on the permit. The Zoning Administrator shall report the probationary review to the Planning Commission. Upon such report, the Planning Commission shall make one of the following findings:

      1.   That the property has not been placed into the use for which the permit was issued, then the permit shall be declared expired in the same manner as in Section 7A-547; or

      2.   That the property has been placed into the use for which the permit was issued and that all conditions of the permit are being met, and the permit shall no longer be deemed probationary and shall thereafter be reviewed only in response to inquiry or complaint; or

      3.   That the property has been placed into the use for which the permit was issued, but that some or all of conditions of the permit are being violated, and the Planning Commission shall direct the property owner to correct the conditions. Failing voluntary correction of the conditions, the Planning Commission shall conduct proceedings and a public hearing to determine if the permit should be revoked. The record of the revocation proceedings and the Planning Commission’s recommendation shall be reported to the City Council for final decision.

If a probational Conditional Use has been found to be in violation of some or all of the conditions, and the violations are corrected, the permit shall continue in probationary status for one (1) year following the date upon which corrections were finally made. If a permit is revoked and the permit was recorded with the Anoka County Recorder, then the revocation order shall also be recorded..

   B.   After successful probationary compliance, all Conditional Use Permits shall remain in effect as long as the conditions attached to the permit are observed. A Conditional Use Permit shall be recorded with the Anoka County Recorder and deemed to run with the land and to be transferable from one owner of the land to the next owner. The burdens or benefits of the conditions shall not be deemed to be vested rights, and therefore the City reserves the right to amend, modify and alter the conditions attached to any permit, as changed circumstances or City Code performance standards may warrant.

An application and payment of established fees for Conditional Use Permit shall be filed with the Zoning Administrator by at least one owner or lessee of property for which such Conditional Use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address, and phone number of applicant;

   B.   Legal description of property and a survey if the description is other than either a regular platted lot or a simple fractional share of a land section;

   C.   Description of existing use;

   D.   Zoning District;

   E.   Description of proposed Conditional Use;

   F.   A plan of the proposed site for the Conditional Use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open space, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Planning Commission may require to determine if the proposed conditional use meets the intent, and requirements of this Ordinance;

   G.   A narrative statement evaluating the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the District; and the relationship of the proposed use to the Comprehensive Plan; and

   H.   Such other information as may recommended by the Zoning Administrator.

In addition to the specific requirements for conditionally permitted uses, the Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the City Comprehensive Plan and the Zoning Ordinance; and

   B.   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; and

   C.   Will not be hazardous or disturbing to existing or future neighboring uses; and

   D.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; and

   E.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; and

   F.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or general welfare by reason of excessive production of traffic, noise, smoke fumes, glare, or orders; and

   G.   Will have vehicular approaches to the property which shall be designed as not to create an interference in traffic on surrounding public thoroughfares; and

   H.   Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance.

   A.   Planning Commission may recommend conditions. In granting any Conditional Use the Planning Commission may recommend appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms which the Conditional Use is granted, shall be deemed a violation of this Ordinance and punishable under Section 7A-350 of this Ordinance.

   B.   Review of conditions. Under the direction of the City Zoning Administrator, the Planning Commission may act as the fact finder in reviewing compliance with approved conditions to a Conditional Use Permit.

After receipt of the required fees and completed application for a Conditional Use Permit specified in Section 7A-542, a public hearing shall be scheduled with the Planning Commission. Notice of the hearing shall be published in the official newspaper at least ten (10) days prior to the hearing. Notification of the public hearing shall be mailed to all owners of property within 350 feet of the affected property. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceeds, provided a bona fide attempt to comply with these procedures has been made.

The Planning Commission shall submit to the City Council the application together with the findings of facts from the public hearing and their recommendations. Within the timeframe prescribed by law, the City Council shall either approve, approve with supplementary conditions as specified in Section 7A-544, or disapprove the application as presented. If the Application is approved or approved with modifications, the City Council shall direct the City Clerk to issue a Conditional Use Permit listing the specific conditions for approval. Appeals from City Council’s decisions shall be made in judicial review.

A Conditional Use Permit shall be deemed to authorize only one particular Conditional Use and said permit shall automatically expire, if, for any reason, the Conditional Use shall cease for more than one (1) year.

   A.   Amendments to the Zoning Ordinance or Zoning Map may be initiated by the Planning Commission or City Council, or by petition of a property owner or an agent on behalf of a property owner.

   B.   Amendments initiated by petition shall require the submission of a City-provided application and required fees. The Zoning Administrator shall inform the applicant of any additional submittal requirements including, but not limited to, maps, surveys, legal descriptions, and written narratives, to ensure proper considerations of the petition.

   C.   After receipt of a completed application, or initiation by the Planning Commission to City Council, a date shall be set for a public hearing. Notice of the hearing shall be posted or published in the official newspaper at least ten (10) days prior to the date of the hearing. Notice of a hearing involving a Zoning Map amendment shall be mailed to each property owner within three hundred fifty (350) feet of the proposed zoning district amendment. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with these procedures has been made.

   D.   After conducting, the Planning Commission shall recommend either approval, modification, or denial the proposed amendment and shall incorporate its findings with such action.

   E.   The City Council shall consider the recommendation of the Planning Commission and shall approve, deny or modify the request to amend this Ordinance.

   F.   Amendments and summaries of amendments to this Ordinance shall become effective upon approval and publication, as required by law.