Administration of these regulations is vested in three offices of the city:

A.

The office of the code administrator;

B.

The city planning commission;

C.

The board of adjustment.

(Ord. 788 (part), 1994)

The code administrator is a duly appointed official authorized by the board of city commissioners and is responsible to administer zoning regulations, subdivision regulations, building code and housing code and to assist and make recommendations to the city planning commission, to the board of adjustment and to the board of city commissioners on any matter related to planning for and development of the city.

A.

Duties and Responsibilities. The code administrator shall be specifically responsible for interpretation and enforcement of these regulations including the issuance of zoning permits, building permits and occupancy permits.

1.

Issue all zoning certificates and maintain records thereof;

2.

Issue all building and repair permits;

3.

Issue all certificates of occupancy for all buildings including mobile homes and manufactured homes;

4.

Inspect all buildings, structures and use of land to determine compliance with these and other applicable regulations of the city;

5.

Maintain zoning-related records and zoning district map including records of all amendments, conditional uses and variances;

6.

Receive, file and forward the city planning commission all applications for zoning amendments and conditional uses;

7.

Receive, file and forward to the board of adjustment all appeals for variances;

8.

Forward all recommendations of the city planning commission to the board of city commissioners for final action;

9.

Notify in writing the property owner or user upon finding violation of these regulations and cite the nature of violation clearly and require compliance within a reasonable time. If the notification is not replied to or steps are not taken to correct the violations within thirty (30) days, the code administrator shall make a report of the findings to the city attorney, and the board of city commissioners.

B.

Interpretation of Regulations. All questions of interpretation of the regulations shall be first presented to the code administrator and that such questions shall be presented to the board of adjustment only on appeal from the decision of the code administrator and that the recourse from the decision of the board of adjustment may be made by an appeal to the board of city commissioners.

C.

Building Permit Application. Any person or persons intending to construct or reconstruct or relocate a building or make alteration, shall, before proceeding with the work, or commencing any excavation in connection with it, shall obtain a permit from the code administrator. All mobile homes and manufactured homes are required to comply with the manufactured housing and building code and are required to obtain a permit from the code administrator for placement and relocation thereof.

1.

Each application for a building permit shall be accompanied by a legal description and a map showing the actual dimension of the lot to be built upon, the size, shape and location of the building for observing the yard requirements of these regulations.

2.

The application shall specify the type of the building, structure, material of which it is composed, the part or portion of the lot to be occupied by the principal building and accessory buildings and the probable building cost, together with such additional plans and specifications as may be required by the code administrator.

3.

The edition of the International Building Codes as published by the International Conference of Building Officials and adopted by the board of city commissioners, together with any amendments made hereafter are incorporated and made a part of these regulations. In the event there is a conflict between the International Building Codes and the regulations, these regulations shall supersede.

D.

Building Permit. The code administrator shall issue a building permit if the proposed building or structure conforms to zoning and building provision of these regulations. If the code administrator denies a permit because of nonconformance with these regulations, he shall inform the applicant of his/her right to appeal to the board of adjustment.

E.

Building Permit Fees. The code administrator shall charge and collect a fee according to the resolution of fees and schedules established by the city.

F.

Certificate of Occupancy. The code administrator shall issue a certificate of occupancy upon inspection of the completed building, including placement of mobile homes and manufactured homes and assurance that all provisions and conditions set forth by the authority of these regulations are met. In the event the code administrator finds violations and deviations from the terms and conditions of these regulations, he shall make a report and recommendation for action to the board of city commissioners.

G.

Conditional Use Permit. The code administrator shall issue a conditional use permit upon approval of the application by the board of city commissioners in which all conditions shall be stipulated subject to the provisions of Chapter 17.84 of these regulations.

H.

Variances, Special Use Permits. The code administrator shall issue the appropriate permit if the board of adjustment or the board of city commissioners reverse his/her decision in case of an appeal by a citizen. The terms of the variance or special use shall be stipulated subject to the provisions of Chapter 17.84 of these regulations.

(Ord. 788 (part), 1994)

(Ord. No. 974, 8-16-21; Ord. No. 982, 7-18-22)

The city planning commission, a citizen body, nominated by the mayor and confirmed by the board of city commissioners, is vested with authority and jurisdiction to review planning, annexation, zoning, subdivision and city development matters and make recommendation to the board of city commissioners.

A.

Membership. The city planning commission shall consist of no more than ten members, with two members who reside outside of the city corporate limits but within the extraterritorial zoning area and to be appointed by the Ramsey County Board of Commissioners. Five citizen members are nominated by the mayor and appointed by the board of city commissioners. The other three voting members shall consist of the mayor, city attorney and the city engineer. The term of office for members representing the city shall be three years and overlapping which may be reviewed by the board of city commissioners. The term of office for members appointed by the county, one shall be for five years and one for three years. The commander of Camp Grafton or their designee shall serve as a non-voting and ex-officio member of the city planning commission.

B.

Duties and Responsibilities.

1.

To hear and act on all applications for amendments to zoning districts and make recommendations to the board of city commissioners for approval, denial or approval with modification;

2.

To hear and act on all applications for conditional uses and special uses in the manner prescribed in these regulations and make recommendations to the board of city commissioners for approval or denial;

3.

To hear and act on all other matters referred to by the board of city commissioners;

4.

To study, examine and make recommendations to the board of city commissioners regarding comprehensive planning for the future development of Devils Lake.

C.

Officers. The city planning commission shall elect its own officers according to its by-laws and may establish rules and procedures for all cases before it. The code administrator may serve as nonvoting secretary.

D.

Notice of Hearings. The city planning commission shall fix a reasonable date for hearing of applications for zoning district amendments, conditional use permits and other matters before it, give public notice thereof in a newspaper of general circulation in the city at least one week prior to the hearing. The notices shall state the purpose of the hearing and that the applications and supporting documents for zoning district amendments and conditional use permits are available for public inspection in the office of the code administrator during the normal working hours.

E.

Meetings. Meetings of the city planning commission shall be held at the call of the chairperson and at such other times as the city planning commission may determine. All meetings shall be open to the public and any person may testify for or against a petition.

(Ord. 788 (part), 1994)

(Ord. No. 974, 8-16-21; Ord. No. 1006, 4-21-25)

The board of adjustment, a citizen body, appointed by the mayor and confirmed by the board of city commissioners, is vested with authority and jurisdiction to review and act upon all applications for appeal regarding the interpretation and restrictions of these regulations.

A.

Membership. The board of adjustment shall consist of no more than five members serving for three-year overlapping terms.

B.

Duties and Responsibilities.

1.

To hear and decide all appeals forwarded by the code administrator;

2.

To hear and decide all matters referred by the board of city commissioners;

3.

To hear other matters related to the interpretation and administration of these regulations.

C.

Appeals. Appeals to the board of adjustment concerning interpretation or administration of these regulations may be taken by any person. The appeal shall be taken within sixty days by filing with the code administrator a notice of appeal specifying the grounds thereof. The code administrator shall forward to the board of adjustment all papers constituting the record and his comments on this matter.

D.

Notice of Hearings. The board of adjustment shall fix a reasonable time for the hearing of appeals, give pub-lic notice thereof in a newspaper of general circulation in the city, at least one week prior to the hearing. The notice shall state the purpose of the hearing and that the application and supporting documents for appeal are available for public inspection in the office of the code administrator during normal working hours.

E.

Meetings. All meetings of the board of adjustment are open to the public and any one may testify for or against the application for appeal.

F.

Authority to Reverse, Affirm Decisions. The board of adjustment may reverse or affirm in whole or in part, or may modify the order, requirements, decisions or determination appeal from the decision of the code administrator. The decision of the board of adjustment on variances and special use permits shall be final, but an appeal may be made to the board of city commissioners for further review and action.

G.

Action for Reversal of Decisions. The concurring vote of four members of the board of adjustment is necessary to reverse any order, requirement, decision or determination of the code administrator, or to decide in favor of the applicant on any matter upon which it is required to decide under these regulations or to affect any variation in the application of these regulations.

H.

Rules and Procedures. The board of adjustment shall elect its officers and may establish rules and pro-cedures for review of all cases before it. Members may be removed from office by the board of city commissioners for cause after a public hearing.

(Ord. 788 (part), 1994)

Any person who violates any provision of these regulations or fails to comply with any of its requirements including the conditions for modification of use, building or structure shall upon conviction thereof forfeit not more than five hundred dollars and in addition pay all cost and expenses involved in the case. Each day such violation continues shall constitute a separate offense.

(Ord. 788 (part), 1994)