Crosby City Zoning Code

GENERAL PROVISIONS

§ 154.001 PURPOSE.

(A) Pursuant to the authority conferred by the state in M.S. § 462.357, as it may be amended from time to time, and for the purpose of:

(1) Promoting and protecting the public health, safety, and general welfare of the inhabitants of the incorporated area of the city;

(2) Protecting and conserving the character, social, and economic stability of residential, commercial, industrial, natural resources, and other uses within the city;

(3) Securing the most appropriate use of land;

(4) Preventing the overcrowding of the land and undue congestion of population;

(5) Providing adequate light, air, and reasonable access;

(6) Facilitating adequate and economical provision of transportation, water supply, and sewage disposal;

(7) Planning for location of schools, recreation facilities, and other public requirements; and

(8) Ensuring adequate public participation in land use decisions made by the city.

(B) This chapter, the purpose of which is to set minimum and maximum standards for the height and size of buildings, the size of yards and other open spaces, the density of population, the location and use of buildings and land for trade, commerce, industry, residence, natural resources, and other purposes; create districts for such purposes and establish boundaries of such districts; provide for changes in regulations, restrictions, and boundaries of such districts; define certain terms used; provide for enforcement and administration; and impose penalties for the violation of this chapter, is enacted.

(Prior Code, § 13.01)

§ 154.002 JURISDICTION.

The jurisdiction of this chapter shall apply to all of the area within the corporate limits of the city. This chapter shall also apply to the unincorporated area within two miles of its limits, provided that the governing bodies or body of any unincorporated area adjacent to the city has not adopted ordinances for the zoning of land uses. Should any adjoining governing body have zoning ordinances, this chapter shall only apply after a joint resolution has been adopted by the city and the affected governing body which confers the zoning authority to the city.

(Prior Code, § 13.02)

§ 154.003 APPLICATION AND INTERPRETATION.

(A) In their application and interpretation, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.

(B) Where the conditions imposed by any provision of this chapter are either more or less restrictive than comparable conditions imposed by any law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

(C) No structure shall be erected, converted, enlarged, reconstructed, or altered without first obtaining a building permit, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.

(D) Except as provided in this chapter no building, structure, or premises shall be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

(Prior Code, § 13.03)

§ 154.004 RULES.

For purposes of this chapter, words used in the singular number includes the plural, and the plural the singular; the present tense includes the past and future tenses and the future the present; the word “shall” is mandatory, the word “may” is permissive; all measured distances shall be to the nearest integral foot; whenever a word or term defined in this chapter appears in the text of this chapter, its meaning shall be construed as set forth in such definition.

(Prior Code, § 13.04)

§ 154.005 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. A sign which no longer advertises a bona fide business, lessor, owner, activity, use, or product available on the premises where the sign is displayed for a continuous period of six months.

ACCESSORY BUILDING. A subordinate building or structure on the same lot or part of the main building, occupied by or devoted exclusively to an accessory use. Attached garages shall not constitute ACCESSORY BUILDINGS.

ACCESSORY STORAGE CONTAINER. A container not exceeding 160 square feet placed outdoors and used for the storage of goods, materials or merchandise that are used in connection with a lawful principal or accessory use of the lot. ACCESSORY STORAGE CONTAINER includes but is not limited to containers such as roll-off storage containers, slide-off storage containers, portable moving and storage containers but not including dumpsters. ACCESSORY STORAGE CONTAINER does not include a garage, barn, or storage shed accessory to a dwelling, provided the structure is not of a type of designed, equipped, or customarily used for over-the-road transport of goods, materials, or merchandise.

ACCESSORY USE. A use naturally and normally incidental to, subordinate to, and auxiliary to the principal permitted use of the premises.

AGRICULTURAL USE. The use of land for agricultural purposes, including farming, dairying, pasturage, horticultural, viticulture, animal and poultry husbandry, as well as any necessary accessory uses for packing, treating, or storing the products, provided that such uses shall be secondary to that of normal agricultural activities; shall include the homestead and accessory buildings; and shall not include the commercial feeding of garbage or offal to swine or other animals.

ALLEY. A public right-of-way which affords a secondary means of access to abutting property.

ANIMAL SHELTER. Any place where six or more animals over six months of age are boarded, bred, and/or offered for sale.

AREA IDENTIFICATION SIGN. Any freestanding sign identifying the name of a neighborhood, a residential subdivision, a multiple-residential complex, a shopping center or areas, an industrial area, an office complex, or any combinations involving three or more principal buildings.

AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, and painting.

AUTOMOBILE REPAIR, MINOR. Minor repair, incidental body and fender work, painting and upholstering service, replacement of parts, and engine service to passenger vehicles and trucks not exceeding three-quarter-ton capacity.

AUTOMOBILE WRECKING YARD or JUNKYARD. A place maintained for keeping, storing, or piling in commercial quantities, whether temporarily, irregularly, or continually, buying or selling at retail or wholesale any old, used, or secondhand material of any kind, including used motor vehicles, machinery, and/or their parts. This shall include the exterior storage of any unlicensed motor vehicles or their remains for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. This shall not prohibit the keeping of one unlicensed motor vehicle within a garage or other structure in a Residential District.

BASEMENT. The portion of a floor of a building which is wholly or partially, up to 50%, underground or below grade.

BED AND BREAKFAST. A dwelling other than a resort or hotel where nightly accommodations, including food services, are provided for compensation, containing up to six separate rental rooms.

BOARDING HOUSE. A building other than a hotel or bed and breakfast where, for compensation and by prearrangement for definite periods, meals and lodging are provided to three or more persons, not of the principal family, pursuant to previous arrangements and not to anyone who may apply, but not including a building providing these services for more than ten persons.

BOATHOUSE. A structure used solely for the storage of boats or boating equipment.

BODY ART ESTABLISHMENT. A businesses that provide body art procedures such as tattooing, cosmetic tattooing, and piercing.

BREWERY. A place that manufactures, processes, and warehouses malt liquor for wholesale distribution in off-sale packages to retail liquor establishments and may retail malt liquor product for on-site consumption in a taproom or for off-site consumption as growlers. A brewer may not have an ownership interest in a BREWERY licensed under M.S. § 340A.301, Subd. 6(d), as it may be amended from time to time.

BUILDABLE AREA. The part of the lot remaining after required yards and setback areas have been provided.

BUILDING. Any fabric or edifice designed to stand more or less permanently. A structure erected by humans composed of stone, wood, brick, metal, or other property substance, and enclosing a space within its walls usually, but not necessarily, covered by a roof.

BUILDING HEIGHT. The vertical distance measured from the average ground level adjoining the building to the highest point of the roof surface if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

BUILDING, PRINCIPAL. A building or structure in which the main or principal use of the lot is situated.

BUILDING SETBACK LINE. The minimum horizontal distance from the street right-of-way to any building.

BUSINESS IDENTIFICATION SIGN. A sign which directs attention to a business or to a commodity, service, or entertainment conducted, sold, or offered upon the premises where such a sign is located.

CLEAR-CUTTING. The removal of an entire stand of trees.

CLINIC. A public or proprietary institution providing diagnostic, therapeutic, or preventive treatment of ambulatory patients by a group of doctors acting in concert and in the same building for these purposes.

COMMISSIONER. The State Commissioner of Natural Resources.

CONDITIONAL USE. A use which, because of unique characteristics, cannot be classified as a permitted use in any particular district. After due consideration, in each case, of the impact of such use upon neighboring land and of the public desirability for the particular use at the particular location, a CONDITIONAL USE permit may be granted.

CONSTRUCTION SIGN. A sign placed at a construction site identifying the project or the name of the project, engineer, contractor, developer, financier, or other involved parties.

DAY CARE CENTER, LICENSED. A dwelling or other structure where, under the license of the state or the county, children are cared for during the day.

DIRECTIONAL SIGN. On-site signs, not exceeding three square feet in area, per side, intended to facilitate the movement of pedestrians and vehicles within the site on which such signs are located.

DISTRICT ZONING. Any section of the incorporated area of the city within which certain uniform regulations and requirements or various combinations apply under the provisions of this chapter.

DRAINING. The removal of surface water or ground water from land.

DREDGING. To enlarge or clean out a water body, watercourse, or wetland.

DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patron’s automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

DWELLING. A building or portion designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding houses, and garage space.

DWELLING, MULTIPLE-FAMILY. A building used or intended to be used as a dwelling by three or more families, where each dwelling unit is divided by a partition wall extending the full height of the building. Each unit is capable of individual use and maintenance without trespassing upon adjoining properties.

DWELLING, SINGLE-FAMILY. A dwelling occupied by only one family, and so designed and arranged as to provide cooking and kitchen accommodations and sanitary facilities for one family only.

DWELLING, TWO-FAMILY. A dwelling so designed and arranged to provide cooking and kitchen accommodations and sanitary facilities for occupancy by two families, living independently of each other.

DWELLING, UPPER LEVEL. A residential unit or units located on the second floor or higher above a commercial use.

EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.

EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for a significant reach.

ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal departments of commissions, of underground or overhead gas, electrical, communication, steam or water transmissions, or distribution systems, including poles, wire mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other connected similar equipment and accessories (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety, or general welfare.

FAMILY. Any number of persons living together in rooms comprising a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides there as though a member of the family, including domestic employees. Any group of persons not so related but inhabiting a single house shall be considered to constitute one FAMILY for each five persons, exclusive of domestic employees, contained in each such group.

FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.

FLOOD FRINGE. The portion of the floodplain outside of the floodway.

FLOODPLAIN. Those areas adjoining a watercourse which have been or may be covered by the regional flood.

FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.

FLOOR AREA, GROUND. The area within the exterior walls of the main building or structure as measured from the outside walls at the ground level, not including garages or enclosed or unenclosed porches and not including attached utility or accessory rooms having three or more exterior sides.

FOOD SERVICE. An accessory use to a bed and breakfast, whereby meals are provided to registered guests only.

FRONTAGE. The width of a lot or building site measured on the line separating it from the public street right-of-way. The frontage of corner lots shall be considered to be the shortest street line.

GARAGE, COMMUNITY. Any space or structure or series of structures for the storage of motor vehicles for the use of two or more occupants of property in the vicinity and having no public shop or service.

GARAGE, PRIVATE. An accessory building designed or used for the storage of not more than three automobiles, trucks, or buses, owned and used by the occupants of the building to which it is accessory.

GASOLINE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including special facilities for the painting, major repair, or similar servicing.

GOVERNMENT SIGN. Any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, street, property, facility, or recreation trail.

HISTORIC SITE. A structure or area of land or water of historic, archaeological, paleontological, or architectural value which has been designated as an historic site in the Federal Register of Historical Landmarks, the state’s Historical Society, or by a local unit of government.

HOME OCCUPATION. Any gainful occupation engaged in by the occupants of a dwelling at or from the dwelling when carried on within the dwelling unit and not in an accessory building.

HOME OCCUPATION SIGN. A sign designating a home business operated from residential property.

HOSTEL. An overnight lodging facility for transient guests that provides sleeping rooms and common areas for cooking.

HOTEL. Any building or portion of a building occupied as a more or less temporary abiding place of individuals and containing six or more guest rooms, used, designated, or intended to be used, let, or hired out to be occupied, or which are occupied by six or more individuals for compensation, whether the compensation is paid directly or indirectly.

ILLUMINATED SIGN. A sign illuminated in any manner by an artificial light source.

IMPERVIOUS SURFACE. The horizontal area of buildings, patios, walks, roads, driveways, accessory structures, and other surfaces generally impervious to the penetration of storm water, including gravel drives and parking areas.

INFORMATIONAL SIGN. An on-site sign not exceeding one square foot in area, intended to provide information or instructions to pedestrians or automobiles on the site that such sign is located.

INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as “no parking”, “entrance”, “loading only”, “telephone”, and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered INCIDENTAL.

LONG-TERM CARE FACILITY. A facility, such as a nursing home, where medical care is administered to residents for periods of time typically greater than one month.

LOT. A parcel, piece, or portion of land designated by metes and bounds, registered land survey, auditor’s plat, as a lot within a recorded plat, or by other means and separated from other parcels or portions by the description for the purpose of sale, lease, or separation.

LOT AREA. The area of a horizontal plane within the lot lines.

LOT, CORNER. A lot situated at the junction of two or more intersecting streets, or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

LOT COVERAGE. The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.

LOT DEPTH. The mean horizontal distance between the front line and the rear lot line.

LOT FRONTAGE. The portion or dimension of a lot abutting the sides of a public street, measured along the street right-of-way line.

LOT LINE. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.

LOT OF RECORD. A platted lot or metes and bounds parcel which has been recorded in the office of the County Recorder prior to June of 1998.

LOT WIDTH. The horizontal distance between the side lines of a lot measured parallel to the front line of the lot and the building setback line.

MANUFACTURED HOUSING. A factory-built dwelling eight feet or more in width, containing more than 320 square feet and designed intrinsically as a trailer requiring only minor modifications prior to occupancy and/or not meeting the requirements of the Uniform Building Code, but complying with the Manufactured Home Building Code or Federal Department of Housing and Urban Development standards.

MEDICAL FACILITY. A structure where the primary use is providing short-term medical care in either an out-patient or in-patient facility. A nursing home or long-term care facility shall not be considered a MEDICAL FACILITY.

MODULAR HOME. A non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site.

MOTEL or MOTOR COURT. A business of attached, semi-detached, or detached rental units with or without eating facilities for the overnight accommodation of transient guests.

NONCONFORMING BUILDING, STRUCTURE, OR USE. A building, structure, or use which does not conform with the zoning district regulations in which it is situated.

OFF-PREMISES SIGN. An off-premises sign which advertises a product, service, business, or event which is not available or does not take place on the same premises as the sign, including billboards.

OFF-STREET PARKING. A designated space or area of land with a gravel, paved, or all-weather surface not within a public street or right-of-way and used for the parking of vehicles.

ORDINARY HIGH WATER MARK. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ORDINARY HIGH WATER MARK is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.

PARKING SPACE. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one automobile, which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

PERMITTED USE. A use which may be lawfully established in a particular district, provided it conforms with all requirements and performance standards, if any, of such district.

PERSON. Any individual, corporation, firm, partnership, association, organization, or other group acting as a unit. It also includes any executor, administrator, trustee, receiver, or other representative appointed by law. Whenever the word PERSON is used in any section prescribing a penalty or fine, it shall include the partners or members of any corporation who are responsible for the violation.

PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses.

POLITICAL SIGN. A temporary sign advertising election issues or the candidacy of a person running for office.

PORTABLE/TEMPORARY SIGN. A sign that is not permanently fixed to a building, other unmovable structure, or the ground.

PRACTICAL DIFFICULTIES. As used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute PRACTICAL DIFFICULTIES.

PUBLIC WATERS. Any waters of the state which serve a beneficial public purpose, as defined in M.S. § 103G.005, Subd. 15, as it may be amended from time to time. However, no lake, pond, or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles are regulated for the purposes of this chapter. A body of water created by a private user where there was no previous shoreland for a designated private use authorized by the Commissioner of Natural Resources shall be exempt from the provisions of this chapter. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds, or flowages shall be the areas listed in the Division of Waters Bulletin 25, “An Inventory of Minnesota Lakes”; or if lakes, ponds, or flowages are not listed, official determination of size and physical limits shall be made by the Commissioner of Natural Resources in cooperation with the city.

REACH. Is a hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.

REAL ESTATE SIGN. A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of the property.

RECREATIONAL EQUIPMENT. An individual piece or group of non-motorized equipment, tools, or non-motorized vehicles customarily used for outdoor activities. RECREATIONAL RENTAL EQUIPMENT shall include, but not be limited to, the following type of non-motorized equipment: paddle boards, kayaks, canoes, bicycles, fishing gear, and any other ancillary equipment associated with those specific types of equipment.

RECREATIONAL EQUIPMENT RENTAL BUSINESS. A business that rents for a fee, outdoor recreational equipment for use on-premise and/or off-premise.

REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.

REGULATORY FLOOD PROTECTION ELEVATION. A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the ELEVATION to which uses regulated by this chapter are required to be elevated or floodproofed.

RESORT. A commercial business with a central management to provide necessary services and having dwelling units and/or campsites for rent or owned by time interval and may provide related facilities such as restaurants, bars, golf courses, or other recreational amenities. A RESORT shall be considered only through a planned unit development process.

RESTAURANT. A commercial business whose primary function is to provide meals to the general public. A RESTAURANT shall not be restricted to providing meals for registered guests of a bed and breakfast or resort.

RIPARIAN LOT. Any lot which is bounded on one or more sides by public waters frontage.

ROOMING HOUSE. Any dwelling occupied in any such manner that certain rooms in excess of those used by members of the immediate family and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide cooking or kitchen accommodations, providing the accommodations are not provided for more than ten persons.

SETBACK. The minimum horizontal distance between a building and street or lot line.

SETBACK, WATERFRONT. The closest horizontal distance between the ordinary high water mark and the foundation wall or edge of the structure, excluding up to three feet of roof overhang, stoops not exceeding 32 square feet in area, and steps from stoop to ground not exceeding four feet in overall width.

SERVICE-BASED BUSINESS. A business that provides a skilled service in lieu of a physical product. This type of business serves limited numbers of customers at a time including but not limited to hair stylists/barbers, legal offices, tax preparation, dog grooming, and the like.

SHORELAND. The land located within 1,000 feet from the normal high water mark of a lake, pond, or flowage or 300 feet from a river or stream, or the landward extent of a floodplain designated by this chapter on such a river or stream, whichever is greater. The practical limits of SHORELANDS may be less than the statutory limits wherever the waters involved are bounded by natural topographic divides which extend landward from the waters for lesser distances.

SIGN. A name, identification, description, display, illustration, or device which is fixed to, painted, or represented directly or indirectly, upon a building or other outdoor surface or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.

SIGN AREA. The area within the single continuous line enclosing the extreme limits of such sign. It does not include any structural or framing elements lying outside the limits of such sign surface and not fronting an integral part of the display. All sides of a sign that bear media elements shall be used in computing total gross area. In computing the number and square footage of signs, all signs other than directional, informational, window, political, and government signs shall be included.

STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or the space between such floor and the ceiling next above it.

STRUCTURE. Anything which is built, constructed, or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner.

TAPROOM. A room that is ancillary to the production of malt liquor at a brewery where the public can purchase and/or consume only the malt liquor produced on site. A TAPROOM may also sell malt liquor for off-sale consumption in growler containers.

TEMPORARY SIGN. A sign which is not permanently installed, such as an advertising display.

TOURING BUSINESS. A business primarily engaged in providing tours off-premise whereby the tour guide and tour patrons travel on non-motorized recreational equipment or under their own power.

TOWNHOUSE. Single-family attached units in structures housing three or more dwelling units contiguous to each other, only by the share of one common wall and each dwelling unit having separate and individual front and rear entrances.

USE. The purpose for which land or buildings on the land are designed, arranged, or intended to be occupied or used, or for which they are occupied or maintained.

“V” SIGN. A commercial sign consisting of two essentially equal faces, positioned at an angle extending less than 90 degrees which are essentially connected (maximum eight-foot separation at closest point).

VACATION RENTALS (COMMERCIAL). The upper level of a building that is rented out to transient guests and provides five or less sleeping rooms on a nightly basis for a period not to exceed more than 30 consecutive days.

VARIANCE. The waiving of specific literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. VARIANCES are to be granted only when it is demonstrated that a waiving of the provision will be in keeping with the spirit and intent of this chapter. Furthermore, hardship must be demonstrated on a noneconomic basis.

WALL SIGN. A commercial sign painted on the outside of a building, or attached to and erected parallel to the face of a building and supported throughout its length by such building.

WINDOW SIGN. A sign painted, stenciled, or affixed on a window or door, which is visible from a right-of-way.

WETLAND. A surface water feature classified as a wetland by and regulated through the state’s Wetland Conservation Act, M.S. §§ 103F.612 et seq., as it may be amended from time to time.

YARD. An open space on a lot which is unoccupied and unobstructed from its lowest elevation to the sky. A YARD extends along a lot line at right angles to such lot lines to a depth or width specified in the yard regulations for the zoning district in which such lot is located.

YARD, FRONT. A yard extending across the front of the lot between the side lot lines and lying between the front line of the lot and the nearest line of the building.

YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front yard of the lot to the rear yard.

ZONING ADMINISTRATOR. The person authorized by the City Council to administer and enforce this chapter.

ZONING DISTRICTS. The areas of the city designated for specific uses with specific requirements for use or development.

ZONING MAP. The map incorporated into this chapter as a part of this chapter designating the zoning districts.

(Prior Code, § 13.05) (Ord. 2014-02, passed - -; Ord. 2016-02, passed - -; Ord. 2018-01, passed - -; Ord. 2018-02, passed - -; Ord. 2018-04, passed - -2018; Ord. 2019-05, passed 10-28-2019; Ord. 2020-01, passed 4-27-2020; Ord. 2023-04, passed 9-25-2023)

§ 154.006 APPLICATION TIME FRAMES.

(A) Notwithstanding any statute or law to the contrary, the city’s Planning Commission and City Council shall, in the case of recommendations for conditional use permits, zoning ordinance amendments, preliminary plats, preliminary CIC plats, or any other action required by the Planning Commission or City Council, approve or deny an application within 60 days of the receipt of a completed application. For purposes of this section, a complete application shall include all necessary documentation as required by ordinance, a completed application form, and the payment of the appropriate fees.

(B) The time frame may be extended if:

(1) A state or federal law or court order requires a process to occur prior to the city review of the application or if the federal or state law or court order make it impossible to act within 60 days;

(2) The city provides written notice within 60 days to the applicant that states the reasons for the extension and the anticipated length of the extension, not to exceed an additional 60 days; or

(3) The applicant consents in writing to a longer period of time.

(C) Failure to act on the completed application within the prescribed time frame shall constitute approval of the request.

(D) The applicant may grant an extension beyond the allowed time frame.

(Prior Code, § 13.06)

§ 154.007 ZONING ADMINISTRATOR.

(A) The Zoning Administrator shall be appointed by the City Council.

(B) The duties of the Zoning Administrator include:

(1) To determine if applications are complete and comply with the terms of this chapter;

(2) Maintain permanent and current records of this chapter including, but not limited to, maps, amendments, zoning or use permits, conditional use permits, variances, appeals and applications, certificate of compliance for on-site sewage treatment systems, and a separate file for future conditions or expirations of permits;

(3) Review, file, and forward applications for appeals, variances, conditional/interim uses, and zoning amendments;

(4) Enforce the provisions of this chapter by reviewing complaints and by pursuing contacts with any violator in accordance with standard procedures as adopted and modified from time to time; and instituting with the City Attorney in the name of the city any appropriate actions or proceedings against any violator;

(5) To attend meetings and provide research and findings to the Board of Adjustment/Planning Commission;

(6) To issue conditional/interim use permits when directed by the Planning Commission;

(7) To issue notices of a zoning change when directed by the City Council;

(8) To mail a copy of the findings to the applicant;

(9) To file copies of fully approved conditional/interim use permits, and variances with the County Recorder within 15 days of approval;

(10) To communicate with the DNR where required by this chapter, including notice and findings of all conditional use permits, variances, zoning changes, and plats within shorelands; and

(11) To administer the local duties of the Environmental Review Program.

(Ord. 2016-01, passed - - )

§ 154.008 PLANNING COMMISSION/BOARD OF ADJUSTMENT.

(A) The Planning Commission/Board of Adjustment shall be the Board appointed by the City Council as provided in M.S. § 462.354, as it may be amended from time to time.

(B) Duties of the Planning Commission/Board of Adjustment under this chapter including the following.

(1) Hearings. To hold hearings after proper public notices in the official newspaper and individual notice by regular mail or for any purpose for which a conditional use permit, subdivision, variance, or rezoning is required by this chapter.

(2) Decisions making. To decide within the allowable time the following:

(a) Recommendation to the City Council regarding requested zoning district boundary changes or amendments to this chapter. Such recommendations shall be made within 60 days of the initial application;

(b) To decide within a reasonable time requests for variance, with findings to explain the basis for the decision;

(c) To decide within a reasonable time appeals from the action of the Zoning Administrator and/or Building Official wherein the Board will take the authority of the Administrator and/or Building Official;

(d) To review and approve or deny proposed preliminary plats or proposed preliminary condominium plats and to provide recommendations on final plats and final condominium plats to the City Council;

(e) To review and approve or deny all metes and bounds property divisions within the city;

(f) To review and approve or deny requests for conditional/interim use permits, and explain the basis for the decision in findings;

(g) To periodically review the zoning map and ordinances and determine their role in shaping the growth of the community and to recommend changes to the City Council of these documents to guide growth and current land use toward the goals of the comprehensive plan; and

(h) To review the comprehensive plan, when appropriate.

(3) Membership.

(a) The Planning Commission/Board of Adjustment shall consist of five voting members and one alternate member, for a total of six members. The alternate member is to be compensated for and expected to regularly attend Planning Commission/Board of Adjustment meetings. The alternate member may only vote where a regular member is absent or is abstaining from voting.

(b) At least five members of the Planning Commission/Board of Adjustment shall be residents and eligible voters of the city. Up to one member of the Planning Commission/Board of Adjustment may be a non-resident owner of businesses and/or real property located in the city.

(4) Appointments/terms.

(a) Appointment of the Planning Commission/Board of Adjustment members shall be made by the City Council and such appointment shall become effective at the first meeting of the Planning Commission/Board of Adjustment in February.

(b) Each member of the Planning Commission/Board of Adjustment shall be appointed for a term of two years.

(d) Vacancies shall be filled through appointment by the City Council for only the duration of the unexpired term.

(e) It shall be the duty of each individual member to be present at all meetings of the Planning Commission/Board of Adjustment. More than three absences in any one-year period shall be grounds for replacement by the City Council.

(5) Officers/duties.

(a) Officers of the Planning Commission/Board of Adjustment shall be a Chairperson, Vice-Chairperson, and other officers as needed.

(b) Officers shall be elected by the Planning Commission/Board of Adjustment at the first regular meeting held in February.

(d) The Chairperson shall preside at all meetings.

(e) The Vice-Chairperson shall assume the responsibilities of the Chairperson when he or she is unable to serve.

(Ord. 2017-02, passed - -; Ord. 2019-02, passed 3-11-2019; Ord. 2022-01, passed 4-11-2022; Ord. 2022-04, passed 5-23-2022)

§ 154.009 CONDITIONAL USE PERMITS.

(A) Purpose. The purpose of this section is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety.

(B) Application. Applications for conditional use permits shall be made to the Zoning Administrator, together with required fees. The application shall be accompanied by a site plan showing such information as is necessary to show compliance with this chapter, including, but not limited to:

(1) Description of site (legal description);

(2) Site plan drawn to scale showing parcel and building dimensions;

(3) Location of all buildings and their square footage;

(4) Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;

(5) Landscaping and screening plans;

(6) Drainage plan;

(7) Sanitary sewer and water plan with estimated use per day;

(8) Soil types; and

(9) Any additional written or graphic data reasonably required by the Zoning Administrator or the Planning Commission.

(1) The Zoning Administrator shall review the application forms and attachments for compliance with this subchapter and shall determine whether or not a complete application has been submitted. Once all of the necessary information has been received, the Zoning Administrator shall schedule a public hearing for the application at the next available Planning Commission meeting.

(2) Notice of such hearing shall be published in accordance with state law and notice shall be published at least once in the official paper of the city and mailed to individual properties within 350 feet of the parcel included in the request not less than ten days nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any such proceedings.

(3) The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects and shall make a recommendation to the City Council within the prescribed time frame.

(4) Upon receiving the report and recommendation from the Planning Commission, the City Council shall review the application and the findings of fact made by the Planning Commission and shall make a determination on the application within the prescribed time frame. Approval of a conditional use shall require passage by a four-fifths vote of the full City Council.

(5) The city may impose conditions of approval that exceed the minimum requirements of this chapter in order to protect the health, safety, and welfare of the community.

(D) Standards; criteria. No conditional use permit shall be approved by the Planning Commission unless the Commission shall find that:

(1) The use, with conditions, will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;

(2) The establishment of the conditional use, with conditions, will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area;

(3) Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;

(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

(5) Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;

(6) Proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use; and

(7) The proposed use is in compliance with the comprehensive plan adopted by the city.

(E) Recording. A certified copy of any conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property involved.

(F) Fees. To defray administrative costs of processing requests for conditional use permits, a fee as set by resolution of the City Council shall be paid by the applicant at the time the application is requested. The city shall also be reimbursed for any additional costs associated with review of a proposal as set by the City Council.

(G) Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permits and of any conditions designated in connection.

(H) Lapse of conditional use permit by nonuse. Whenever within one year after granting the conditional use the work permitted has not been started, such permit shall become null and void unless a petition for an extension has been approved by the City Council. If the permit becomes null and void, a new conditional use permit application review will be required.

(Prior Code, § 13.07)

§ 154.010 AMENDMENTS; REZONING.

(A) Initiation. The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person or his or her expressed agent owning real estate within the city may initiate a request to amend the text or district boundaries of this chapter so as to affect the real estate.

(B) Procedure.

(1) A request plus copies of detailed written and graphic materials fully explaining the proposal for an amendment to this chapter shall be filed with the City Council and shall be accompanied by a fee in an amount set by resolution of the City Council. This fee shall be nonrefundable.

(2) The City Administrator or Zoning Administrator shall schedule a public hearing for the requested zoning amendment for the next available Planning Commission meeting.

(3) If the request for amendment to this chapter, including rezoning of private property, is requested by a resident, property owner, or persons with a legal interest in a parcel of land, the city shall complete the review and take action on the application within the prescribed time frames outlined in state statutes and this chapter. If the City Council or Planning Commission initiates the request, the time frames may be extended.

(4) Notice of such hearing shall be published in conformance with the state law of individual notices. If it is a district change request, it shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the assessment records, within 350 feet of the parcel included in the request. Such notice shall also be published in the official paper of the city within these time periods. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.

(5) The Council shall, upon receiving no report from the Planning Commission, place such request on the agenda of its next regular meeting and decide the issue within the prescribed time frame, or upon receiving the reports and recommendations of the Planning Commission, the City Council shall place the amendment request on the agenda of the next regular meeting and decide the issue within 30 days. These reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

(6) The City Council shall have the option to set and hold a public hearing if deemed necessary for reaching a decision.

(7) Amendment of this chapter shall be by a four-fifths vote of the full City Council.

(8) The Zoning Administrator shall notify the originator of the amendment request of the Council’s decision in writing.

(Prior Code, § 13.08)

§ 154.011 VARIANCE; APPEALS.

(A) Appeals. The City Council shall be the Planning Commission and shall act upon any and all of the following items.

(1) The City Council shall act as an appeal authority on all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and shall hear and make recommendation on appeals from and review any order, requirement, decision, or determination made by an administrative official charged with enforcing this chapter. Such appeal may be taken by any person aggrieved or by any officer, department board, or commission of the city. The recommendations on appeals are forwarded to the City Council for approval or denial at their next available Council meeting.

(2) The City Council shall conduct hearings on a request for a variance to the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other uses except as specifically described. The Council shall have the authority to grant or deny any such variance request by a majority vote of the Council.

(3) The City Council’s decisions shall be final except on appeal to the District Court.

(B) Variances.

(1) Applications. Application for variances shall be filed with the Zoning Administrator who shall forward to the Planning Commission/Board of Adjustment:

(a) A copy of the application and additional information determined by the Zoning Administrator to be pertinent to the application; and

(b) A certificate of survey shall be required showing:

1. Property boundary with dimensions shown including square footage of parcel;

2. Buildable area;

3. Location, size and height dimensions of all existing and proposed structures/additions;

4. Location of all wells (existing and proposed) and septic systems;

5. Location and size of all existing and proposed driveways, roads and easements;

6. Nonconforming structure setbacks including all pertinent dimensions;

7. Two foot contours;

8. Existing and proposed impervious surface calculations;

9. Bluff or steep slopes;

10. Ordinary high water elevation;

11. Delineated wetlands;

12. Stormwater management plan according to § 154.119 of this chapter; and

13. No-maintenance shoreline buffer according to §§ 154.069 and 154.119 of this chapter.

(c) The Zoning Administrator shall have the discretion to determine whether an application may be forwarded to the Board of Adjustment without an accompanying certificate of survey. A determination by the Zoning Administrator that a certificate of survey is not necessary shall be made in writing by the Zoning Administrator.

(2) Public hearing. Acting in its capacity as the Board of Adjustment, the Planning Commission/Board of Adjustment shall hold at least one public hearing on an application for a variance pursuant to M.S. § 462.357, Subd. 3, as it may be amended from time to time. and its adopted rules of business. The Planning Commission/Board of Adjustment may hold additional public hearings when it determines that such hearings will be in the public interest.

(3) Delayed action. In considering the application for a variance, the Planning Commission/Board of Adjustment may adjourn the hearing to a future time and defer action or consideration until further information desired from the applicant is submitted. The applicant shall be notified in writing of the information needed or reason for tabling the item. The provisions for action on an application shall be in compliance with M.S. § 15.99, as it may be amended from time to time.

(4) Variance criteria. Variances may only be granted in accordance with M.S. § 462.357, Subd. 6(2), as it may be amended from time to time. No variance shall be granted that would allow any use that is prohibited in the land use district in which the subject property is located. In considering a variance request, the Board of Adjustment must consider whether a practical difficulty exists by considering the following factors:

(a) Is the variance request in harmony with the purposes and intent of the land use ordinance?

(b) Is the variance consistent with the comprehensive plan?

(d) Is the need for a variance due to circumstances unique to the property and not created by the property owner?

(e) Will the issuance of a variance maintain the essential character of the locality?

(f) Does the need for a variance involve more than economic considerations?

(5) Conditions may apply.

(a) If the variance criteria in subsection (4) above have been met, the Planning Commission/Board of Adjustment, in approving any such application, may require additional conditions and mitigating requirements to protect the public health, safety, or the environment, as may be reasonable under all circumstances concerned therewith, to be imposed as a condition for granting of the permit that shall fulfill the purposes of this chapter. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Such conditions may include, but are not limited to, the following:

1. Mitigation actions to off-set environmental consequences of variance approval;

2. Increased setbacks from the ordinary high water level;

3. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted;

4. Special provisions for the location, design, size and use of allowed structures, sewage treatment systems, and vehicle parking areas; and

5. Performance security.

(b) The department may conduct follow-up inspections as necessary to insure that the conditions established by the Board of Adjustment are met.

(c) Failure to comply with variance conditions as imposed by the Planning Commission/Board of Adjustment is a violation of this chapter.

(6) Variance decision. After reviewing the application, considering all pertinent facts, and hearing testimony at the public hearing, the Planning Commission/Board of Adjustment may approve, deny, or modify the variance request. The Planning Commission/Board of Adjustment shall prepare written findings of fact to support its decision. A copy of the decision and findings of fact shall be forwarded to the applicant via U.S. mail. If the variance is approved, the Zoning Administrator shall cause a copy of the variance to be recorded with the land records for the subject property in the Office of the County Recorder. A copy of the final decision granting a variance within a shoreland area shall be sent to the Commissioner of the Department of Natural Resources within ten days of final action.

(Prior Code, § 13.09) (Ord. 2019-05, passed 10-28-2019)

§ 154.012 ENVIRONMENTAL DOCUMENTS.

(A) Intent. It is the intent of this section to implement the environmental review procedures to follow the provisions of M.S. Ch. 116D, as it may be amended from time to time, relating to the Environmental Review Program, and any rules adopted under that chapter by the State Environmental Quality Board. All terms used in this section shall have the same meaning as the terms used in M.S. Ch. 116D, as it may be amended from time to time. The provisions of the rules for the Environmental Review Program are adopted and are on file in the Zoning Administrator’s office.

(B) Cost of preparation and review.

(1) The applicant for a permit for any action for which environmental documents are required either by state law or rules or by the City Council shall supply all unprivileged data or information reasonably requested by the city that the applicant has in his or her possession or to which he or she has reasonable access.

(2) The applicant for a permit for any action for which an environmental assessment worksheet (EAW) is required, either by state law or rules or by the City Council, shall pay all costs of preparation and review of the EAW and, upon the request of and in the manner prescribed by the city, shall provide all necessary data and research to prepare a draft EAW.

(3) The city and the applicant for a permit for any action for which an environmental impact statement (EIS) is required shall comply with the provisions of the rules governing assessment of cost for environmental impact statements, one copy of which is on file in the office of the Zoning Administrator, unless the applicant and the City Council provide otherwise by a written agreement.

(4) No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the applicant are paid, and all information required is supplied, and until the environmental review process has been completed as provided in this chapter and the rules adopted by reference by this chapter, and pursuant to any written agreement entered into by the applicant for the permit or permits and the City Council.

(5) The applicant for a permit for any action for which an EAW or EIS is required and the City Council may, in writing, agree as to a different division of the costs of preparation and review of any EAW or EIS.

(1) The Zoning Administrator shall be the person responsible for the administration of the environmental review program, this section, and rules adopted by reference by this section.

(2) The Zoning Administrator shall be responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory. The Zoning Administrator shall also determine those proposed actions for which an optional EAW may be required under the provisions of this chapter and shall notify the Planning Commission and the City Council of these proposed actions.

(3) All EAWs and EISs shall be prepared under the supervision of the Zoning Administrator, reviewed by the Planning Commission, and reviewed and approved by the City Council.

(4) When reviewing an EAW or EIS, the Zoning Administrator and the Planning Commission may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action.

(5) After an EAW is prepared, the Planning Commission shall review the EAW and recommend to the City Council whether or not it should require the preparation of an EIS. The City Council shall require an EIS when it finds under state rules that an action is major and has potential for significant environmental effects.

(D) Discretionary or optional EAW. The Planning Commission may, upon recommendation by the Zoning Administrator, require that an optional EAW be prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required:

(1) Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing?

(2) Is the action likely to have disruptive effects such as generating traffic and noise?

(3) Are there public questions or controversy concerning the environmental effects of the proposed actions?

(4) A four-fifths vote of the controlling authority shall be required to order a discretionary EAW.

(E) Enforcement. No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this chapter are completed. No work shall commence and any work in progress on any project for which environmental documents are required shall cease until the environmental review procedures established by this chapter are fully complied with.

(Prior Code, § 13.10)

§ 154.013 BUILDING PERMITS; CERTIFICATE OF OCCUPANCY.

(A) Building permits required. No building or structure shall be erected or moved or construction on an existing structure shall be started until a lawful building permit has been issued by the Zoning Administrator or the designated representative. Fees for all building permits shall be established by the City Council in accordance with the State Building Code as adopted by the city.

(B) Certificate of occupancy. No building or structure shall be occupied or used in whole or in part until a certificate of occupancy is issued stating that the building or structure complies with the provisions of this chapter. The certificate of occupancy shall be issued upon conducting a final inspection finding the building or structure satisfactory.

(Prior Code, § 13.11)

§ 154.014 ENFORCEMENT; VIOLATIONS.

This chapter shall be administered and enforced by the City Council or its authorized representative. The Zoning Administrator may institute appropriate action for any violations of this chapter at the direction of the City Council and through the City Attorney as deemed necessary.

(Prior Code, § 13.12)

§ 154.015 HARDSHIP ASSESSMENT DEFERRALS.

(A) The City Council may, at its discretion, defer the payment of special assessments for any homestead property:

(1) Owned by a person 65 years of age or older for whom it would be a hardship to make the payments;

(2) Owned by a person who is retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; or

(3) Owned by a person who is a member of the state’s National Guard or other military reserves who is ordered into active military service, as defined in M.S. § 190.05, Subd. 5b or 5c, as it may be amended from time to time, as stated in the person’s military orders, for whom it would be a hardship to make the payments.

(B) (1) For purposes of this section, the determination of hardship shall be made by the City Council upon consideration of the following:

(a) The total assets and liabilities of the person claiming the hardship;

(b) The total income of such person whether taxable or non-taxable;

(c) The value of any assets transferred by the applicant within three years of the application for deferral of the assessment; and

(d) The total expenses of such person.

(2) Determination of hardship can also be made on the basis of exceptional and unusual circumstances not covered by the standards and guidelines where the determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants.

(C) For purposes of this section, a person is deemed to be retired by virtue of a permanent and total disability if such person is determined to be permanently and totally disabled by the Social Security Administration.

(D) For purposes of this section, the burden of proving the existence of a hardship shall be the responsibility of the applicant for such deferral of any payment of a special assessment.

(E) The procedure to obtain a deferred assessment is as follows.

(1) A homeowner shall make application for deferred payment of special assessments on forms prescribed by the City Administrator and the County Auditor. Such application may be made at any time while payments of assessments are due on such property.

(2) The application shall be considered for completeness by the Finance Committee no later than 14 days after receipt of the application by the Clerk-Treasurer. If the Finance Committee deems the application complete, it shall refer the application, with its recommendation, to the City Council, to be heard at the City Council’s next regularly scheduled meeting. A decision shall be made on such application at such meeting unless additional information is required by the City Council. In such event, the City Council shall make its decision at its first regular meeting following receipt of all information it requires to make its decision. Written notification of the decision of the City Council shall be provided to the applicant.

(3) The City Council shall consider all evidence of hardship presented to it and make its decision on any application on the basis of written findings of fact. The City Council shall not grant any request for a deferral of any payment of a special assessment unless it determines that the payment of such special assessment would leave the applicant with insufficient funds to pay applicant’s reasonable living expenses.

(4) If the deferred assessment is granted, the City Administrator shall record a notice thereof with the County Recorder which shall set forth the amount of the assessment;

(5) The City Council may determine by ordinance or resolution the amount of interest, if any, on the deferred assessment and this rate shall be recorded by the City Administrator along with and in the same manner as the amount of the assessment.

(6) The applicant must reapply for the deferred assessment each following year upon the filing of a similar application not later than October 31.

(F) The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any of the following events:

(1) The death of the owner, provided that the spouse (if any) is otherwise not eligible for the benefits hereunder;

(2) The sale, transfer, or subdivision of the property or any part thereof;

(3) If the property should for any reason lose its homestead status; or

(4) If for any reason the City Council shall determine that there would be no hardship to require immediate or partial payment.

(Ord. 2013-1, passed 5-28-2013)