(1)   The office of Zoning Administrator is hereby established. The City Council shall appoint the Zoning Administrator.

   (2)   The duties of the office shall include the following:

      a.   Issue certificates of occupancy and maintain records thereon, in conjunction with the Building Inspector.

      b.   Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of the Zoning Section.

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

      d.   Order discontinuance of illegal use of land, buildings, or structures.

      e.   Order removal of illegal buildings, structures, additions, alterations.

      f.   Order discontinuance of illegal work being done; or take any other action authorized by this Subsection to insure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints, both civilly and criminally.

      g.   Maintain permanent and current records of the Zoning Section, including all maps, amendments, conditional uses, and variances.

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

      i.   Provide clerical and technical assistance to the Planning Commission.

      j.   Submit each month to the Planning Commission an itemized summary of certificates and permits granted and other significant activity of the preceding month.

      k.   Receive, file and forward to the Planning Commission all applications for conditional use permits, variances, amendments or development plans as required herein.

   (3)   Zoning Administrator appeals. Any person aggrieved by any procedure or decision of the Zoning Administrator may appeal the decision to the City Council.

   (4)   Zoning Administrator appeals process.

      a.   The appeal of the Zoning Administrator’s decision shall be made no later than 20 days following the decision.

      b.   Application for an appeal of the Zoning Administrator’s decision under the provisions of this Subsection shall be made to the City Clerk, in the form of a written application as prescribed by the City and shall be accompanied by payment of a fee as established by the City.

      c.   Accompanying the application should be a written narrative explaining the disagreement with the Zoning Administrator’s decision that led to the appeal and any supporting graphic evidence, such as surveys, site plans, and the like.

   (5)   Referral to the Planning Commission and City Council decision.

      a.   Before any appeal may be considered by the City Council, the appeal shall be referred to the Planning Commission for study concerning the effect of the proposed appeal on the Comprehensive Plan and on the character and development of the neighborhood, and for its recommendation to the City Council.

      b.   Following receipt of the Planning Commission recommendation, the City Council shall make a decision on the appeal.

   (1)   Purpose. This section specifies the procedures for amendments to the text of this Zoning Section or associated official Zoning Map.

   (2)   Application. 

      a.   An amendment to the text of this chapter or a change in the boundaries or designations in the official Zoning Map may be initiated by a simple majority of the City Council or Planning Commission. Any persons owning property within the City, or their designated agent, may initiate an application to amend the district boundaries or designation on the official Zoning Map for property in which they have a real estate interest.

      b.   A request for an amendment to the text of this chapter or a change in the boundaries or designations in the official Zoning Map shall be filed with the City on an official application form. The application shall be accompanied by a fee as set forth in a resolution by the City Council. The application shall include detailed written and graphic materials fully explaining the request. The City may require that the applicant submit the following information before the application can be deemed complete:

         1.   The name and address of the applicant or applicants;

         2.   The legal description of the area proposed to be rezoned, the name and addresses of all the owners of property lying within such area, and a description of the property owned by each;

         3.   The present zoning classification of the area and the proposed zoning classification;

         4.   The application shall be accompanied by an escrow deposit in an amount to be set by the Zoning Administrator to defray legal, engineering, planning and other consultant costs associated with the application;

         5.   A description of the present use of each separately owned parcel within the area and the intended use of any parcel of land therein;

         6.   If determined by the City, a site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping, and other improvements;

         7.   A statement of how the rezoning would fit in with the general zoning pattern of the neighborhood and the zoning plan of the entire City;

         8.   A survey showing the property to be rezoned and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of the area, together with an abstractor’s certificate with the names and addresses of the owners of the land in each area;

         9.   Proof of ownership of the property; and

         10.   Such other information as the City may require.

   (3)   Notice. 

      a.   Pursuant to Minnesota Statutes, an application for an amendment to the text of this Zoning Section or a change in the boundaries or designations in the official Zoning Map shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to Minnesota Statute. If the initial 60 day review period is extended, the City must provide written notice of the extension to the applicant before the end of the initial review period.

      b.   Upon receipt of a complete application, as determined by the City, and following preliminary staff analysis of the application, the City, when appropriate, shall set a public hearing following proper hearing notification. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. Written notification of the hearing shall also be mailed at least 10 days prior to the hearing to all owners of land within 500 feet of the boundary of the property in question.

      c.   Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this Zoning Section has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.

   (4)   Procedure.

      a.   Findings of fact. The Planning Commission recommendation and City Council decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any particular standard other than conformance with the Comprehensive Plan.

      b.   The Planning Commission and City staff shall have the authority to request additional information from the applicant.

      c.   The applicant or the applicant’s representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

      d.   The Planning Commission shall make findings of fact and make a recommendation on the request. The recommendation shall be in writing and accompanied by the report and recommendation of the City staff.

      e.   Upon receiving the report and recommendation of the Planning Commission and the City staff, the City shall schedule the application for consideration by the City Council. The reports and recommendations shall be entered in and made a part of the permanent record of the City Council meeting.

      f.   Approval of a request shall require passage by a majority vote of the entire City Council, except an amendment changing a district from Residential to Commercial or Industrial that shall require a 2/3 majority vote.

   (1)   Applicability and the approval process.

      a.   Final site and building plans shall be approved by the City Council prior to the issuance of any permits for new development or building construction/expansion in any Non-Residential Zoning District.

      b.   Prior to consideration for approval, the City Council shall receive a report from the Planning Commission and the staff, specifying any recommended modifications to the final site and building plans.

      c.   At the time of approval of final site and building plans, the City Council may modify final site and buildings plans and specify any additional development standards necessary to assure that the proposed development meets the intent of the zoning district and to assure that the proposed development is appropriately related to adjoining public streets and adjacent land uses.

   (2)   Content. The developer shall submit final site and building plans, which include the following information:

      a.   A location map which indicates property ownership surrounding the proposed development and existing and future land uses;

      b.   Maps of existing and proposed site features at a scale of 1 to 50 or larger which indicate topography in 2 foot contours; building outlines; structures, location of significant vegetation; location of streets, drives, and parking areas; and other significant features;

      c.   Detailed drawings of all proposed structure elevations, including signs. Proposed exterior materials and colors shall be noted on the elevation drawings;

      d.   Proposed floor plans for all floor levels, including locations of electrical, mechanical and gas metering equipment, and storage areas for trash and recyclable materials;

      e.   A landscape plan indicating location, size and type of tree, shrub and groundcover species, screening, fencing, provisions for plant material watering and luminaire locations;

      f.   A circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access and screening for receiving, truck loading area, and trash removal;

      g.   A lighting and photometric plan showing fixture height and type, and lighting levels in foot candles;

      h.   A rooftop equipment and screening plan and elevation drawings of rooftop equipment and screening. Rooftop equipment shall not be visible from ground level views from the property, from adjacent property or from adjacent streets;

      i.   A drainage, grading, utilities, and erosion and sedimentation control plan. The plans shall comply with the requirements of this Code, local watershed requirements and state regulations;

      j.   Identification of all wetlands on the site, copies of documents completed in making the wetlands identification, qualifications of the person performing the identification, a description of any wetlands which are to be burned, filled, or drained pursuant to the development, and a wetland mitigation and replacement plan if burning, filling, or draining of wetlands is to occur. The requirement of the documentation may be waived in instances where it is determined from aerial photographs, the National Wetlands Inventory, on-site observation, or other pertinent information that the site contains no wetlands;

      k.   A written report completely describing the proposal and indicating covenants or agreements which will influence the use and maintenance of the proposed development; and

      l.   Any other information deemed necessary by the City Council in order to evaluate plans.

   (3)   Findings. The City Council shall find the following prior to the approval of final site and building plans.

      a.   The proposed development is not in conflict with the Comprehensive Plan;

      b.   The proposed development is not in conflict with the zoning district provisions;

      c.   The proposed development is compatible with existing and anticipated future development; and

      d.   Conform to the exterior building material requirements of the Zoning Code.

   (4)   Revisions. Minor changes to final site and building plans approved by the City Council may be made by the Zoning Administrator provided that the changes do not involve the following:

      a.   An increase in floor area of structures exceeding 10% of the total floor area within any 5 year period;

      b.   Variance from any zoning ordinance requirement;

      c.   Change in exterior building material;

      d.   Significant changes in the character, function or appearance of the site plan; and

      e.   Alteration of any condition attached or modification to the final site and building plans made by the City Council.

   (5)   Standard conditions. All approved final site plans and building plans shall meet the following standard conditions, unless specifically waived by the City Council:

      a.   All fire lanes, and fire apparatus access road as defined by the Dayton Fire Department, must be maintained in good condition, kept clear and have “No Parking - Fire Lane” signs installed.

      b.   All new and remodeled non-residential buildings, including additions shall be equipped with a fire sprinkler system as approved by the Dayton Fire Marshal.

      c.   A building collapse zone shall be defined on the site as established by the Dayton Fire Marshal.

      d.   A minimum 1 hour rated fire wall shall separate attached side-by-side residential dwelling units. All multiple story multi-family residential apartments or condominiums shall be equipped with a fire sprinkler system as approved by the Dayton Fire Marshal.

      e.   Handicap parking stalls and access shall be noted on the site plan and installed on the site as per State Code requirements.

      f.   Any vehicles parked on the premises shall be in good working order and currently licensed in accordance with state law.

      g.   All parking, storage areas, and driveways shall be paved to a specification approved by the City Engineer.

      h.   All drainage and storm water plans are subject to review and approval by the City Engineer and/or the Elm Creek Watershed Management Commission.

      i.   All proposed lighting shall be downcast style only, and subject to review and approval by the City before installation.

      j.   If applicable, hours of operation shall be as defined by the City Council.

      k.   A letter of credit, in a form acceptable to the City, is required for site improvements, including but not limited to: roads, sidewalks, trails, utility and/or septic system installation, parking lot paving, curbing, and landscaping. City staff to determine the amount of the letter of credit and is typically set at 150% of the estimated cost for the improvements.

      l.   Landscaping must be maintained in good condition and is subject to City review periodically.

      m.   No building or structure may be constructed on the site unless the structure was identified on the approved site plan.

      n.   No business parking for employees shall be allowed on public streets, unless approved as part of a conditional use permit.

      o.   The use of loudspeakers, bells, buzzers or whistles, is limited to the Industrial Districts and must conform to noise regulations. Intercoms may be used as part of a drive-up facility. Use of the equipment is allowed only under a conditional use permit.

      p.   No occupancy of the building(s) may be permitted until the City has granted a final certificate of occupancy. Final inspections may include the following staff members: Building Official/Building Inspector, Fire Marshal, City Engineer, and Zoning Administrator. No certificate of occupancy may be granted until all conditions applicable to the proposed development have been satisfied or a suitable financial guarantee and agreements are in place and acceptable to the City to complete all required improvements.

      q.   Joint access and circulation agreements/easements will be required when contiguous non-residential properties front on collector or arterial streets.

      r.   No part of any non-residential structure shall be used for living quarters, unless approved by the City Council.

      s.   All new developments, including redevelopments, will require underground utilities as part of the approved final site and building plan.

   (6)   Development proposals. On development proposals requiring site plan review pursuant to this Subsection, the City Council upon the recommendation of the Planning Commission shall act with respect to variances from this chapter proposed by the site plan.

   (1)   Compliance with regulations.

      a.   No person shall erect, alter, wreck, or move any building or part thereof without first securing a building permit therefor; except that no permit shall be required for an alteration costing less than $500 if no structural alteration of the building is involved.

      b.   No building permit shall be issued unless the proposed building conforms to all provisions of this Code and other applicable regulations.

   (2)   Application.

      a.   Application for a building permit shall be made to the Building Official on blank forms to be furnished by the City. Each application for a permit to construct or alter a building shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected.

      b.   Applications for any kind of building permit shall contain such other information, including a certificate of survey, as requested or as may be deemed necessary, by the Building Official, for the proper enforcement of this Subsection or any other Subsection. The fee for a building permit shall be determined by the City Council. The Building Official shall issue the building permit only after determining that the buildings plans, together with the application comply with the terms of this section.

   (1)   Application. A certificate of occupancy shall be obtained before:

      a.   Any building that is erected or structurally altered is occupied or used; or

      b.   The use of any building is altered.

   (2)   Procedure.

      a.   Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made to the Zoning Administrator as part of the application for a building permit as required in Subsection 1001.28. This certificate shall be issued within 10 days after a written request for the same has been made to the Zoning Administrator only if the erection or alteration of the building or part thereof has been completed in conformity with the provisions of all ordinances and applicable governmental regulations. Pending the issuance of a certificate, the Zoning Administrator may issue a temporary certificate of occupancy for a period of not exceeding 6 months during the completion of the erection or alteration of the building. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or the occupancy of the premises or any other matter except under the restrictions and provisions as will adequately insure the safety of the occupants.

      b.   Every certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of law and of this Subsection. A record of all certificates of occupancy shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for a certificate of occupancy.

      c.   No building permit for the alteration of a building shall be issued before the application has been made for a certificate of occupancy.

   (3)   Non-conforming uses.

      a.   It shall be the duty of the Zoning Administrator to issue a certificate of occupancy for a lawful non-conforming use, or refusal of the Zoning Administrator to issue a certificate of occupancy for the non-conforming use shall be prima facie evidence that the non-conforming use was either illegal or did not lawfully exist at the effective date of this Subsection.

      b.   An annual inspection shall be made by the Building Inspector, of all buildings which have a certificate of occupancy, and if it is found that the building does not conform to the applicable requirements, the certificate of occupancy may be revoked and the building shall not be occupied until the time as the building is again brought into compliance with the requirements.

   (1)   Fixed administrative costs. Each applicant shall be charged fees and escrow deposit as required by the City to cover the costs incurred by the City in administratively processing, reviewing and issuing of permits and approvals.

   (2)   Additional charges. No person shall be issued a permit pursuant to this Subsection until each applicant shall have paid to the Clerk/Treasurer fees charged by the City in reviewing the application as provided for this section, if not paid through the escrow deposit.

   (1)   Violations and penalties.

      a.   A person who violates, fails to comply with or assists, directs or permits the violation of a provision of this chapter is guilty of a misdemeanor. A person who violates, fails to comply with or assists, directs or permits the violation of a performance standard required by this chapter must reimburse the City or its agent for the actual cost of the tests, measurements or other procedures necessary to demonstrate that violation. In addition, the person must pay a fee twice that which is specified in the City’s fee schedule for any application that is submitted in connection with or as a result of the violation. Each day a violation continues constitutes a separate offense.

      b.   If a building or structure is erected, constructed, altered, repaired, converted or maintained or if a building, structure, or land is used in violation of this chapter, the Zoning Administrator may initiate any lawful action or proceeding in the name of the City and has the powers of a peace officer to prevent, restrain, correct or abate the violation.

      c.   A violation of this chapter or of a condition imposed under the authority of this chapter is a public nuisance, except if enforcement of the violation would result in the removal or relocation of a principal or accessory structure, or a part of it.

      d.   No section or part of this chapter designating the duties of an official, employee or appointee of the City may be construed to make that official, employee or appointee liable for the penalty provided for violation of this chapter.

      e.   Nothing in this section shall preclude the enforcement of this section by way of any appropriate remedy in any court of competent jurisdiction pursuant to M.S. § 462.362, as may be amended from time to time.

   Failure to give notice or to give adequate notice when such is required by this Zoning Section shall not invalidate any proceeding, provided that a good faith attempt has been made to comply with the notice requirement.

(Ord. 2010-18, passed 9-28-2010)