Dilworth City Zoning Code
ADMINISTRATIVE
§ 153.020 ADMINISTRATIVE; ENFORCEMENT AND FEES.
(A) Designated Building Official.
(1) The Building Official(s) designated by the City Council shall administer and enforce this chapter and may be provided with the assistance of other persons as authorized by the City Council.
(2) The Building Official reviews construction plans and inspects construction for compliance with the Building Code. If the Building Official finds that any of the provisions of this chapter are being violated, he/she shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it. The Building Official shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of the additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.
(B) Zoning Administrator. The Zoning Administrator has authority granted by the City Council, and is responsible for enforcement, maintenance, and administration of the Zoning Ordinance. Specific duties include the following:
(1) Process applications for building permits and zoning certificates;
(2) Process applications for zoning changes, zoning amendments, conditional use permits;
(3) Process applications for variances;
(4) Update zoning map periodically to reflect zoning changes; and
(5) Prepare findings of the Planning Commission and Board of Appeals to be submitted to the City Council.
(C) Zoning certificate. A zoning certificate must be completed to ensure that all provisions of the Zoning Ordinance are met when the applicant proposes to construct a new structure, or to construct an expansion or addition to an existing structure, or to construct an accessory building of 120 square feet or larger (non temporary), or to move a structure onto a lot. When a building is to be moved, it must also comply with the provisions of § 153.063. Zoning certificates are available upon request at the City Hall.
(D) Building permit required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Official authorizing the action. No building permit shall be issued except in conformity with the provisions of this chapter.
(E) Establishment of fees, charges and expenses. The City Council shall establish, a schedule of fees, charges, and expenses, and a collection procedure for rezoning applications, building permits, variances, conditional uses, appeals, planned unit developments, subdivisions and other matters pertaining to this chapter. The schedule of fees shall be available at the office of the Zoning Administrator, and Planning Department as appropriate and may be altered and amended only by the City Council.
(F) Violations.
(1) Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements after written notice by the Zoning Administrator allowing reasonable time to comply, shall, upon conviction, thereof, be fined not more than $700 and costs of prosecution or imprisoned for not more than 90 days, or both. Each day such violation continues or occurs, constitutes a separate offense and may be prosecuted as such.
(2) The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
(3) Nothing herein contained shall prevent the city from taking such other lawful action, as is necessary, to prevent or remedy any violation.
(G) Application for building permit.
(1) Application forms are available at City Hall. All applications for building permits shall be accompanied by plans in duplicate when required by the Building Official and properly signed zoning certificate from the Dilworth Zoning Administrator. Plans shall be drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required, including existing or proposed buildings or alterations; existing or proposed uses of structures and land; existing or proposed parking; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine the conformance with, and provide for the enforcement of, this chapter.
(2) One copy of the plans shall be returned to the applicant, after such copy has been marked either approved or unapproved and attested to same by the Zoning Administrator's signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Administrator.
(H) Expiration of building permit. If the work described in any building permit has not begun within six calendar months from the date of issuance, or such work described ceases for a period of six calendar months, or is not completed within 24 months, said permit shall expire, unless otherwise extended pursuant to the adopted Building Code. The Building Official shall have the authority to cancel permits given written notice is provided to persons affected, together with notice that further work as described in the canceled permit shall not proceed unless, and until, a new building permit has been obtained.
(I) Construction and use pursuant to plans/permits. Building permits issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction which is inconsistent with the approved building permit shall be a violation of this chapter.
(Ord. passed - -)
§ 153.021 NONCONFORMING LOTS; USES AND STRUCTURES.
(A) Purpose and intent.
(1) It shall be deemed nonconforming when, within the districts established by this chapter or amendments that may later be adopted, there exists lots, structures and uses of land which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. This chapter permits these nonconformities to continue until they are removed, modified/altered (other than repair, replacement, restoration, maintenance or improvement activities) or otherwise terminated. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses not permitted in the district. Within any zoning district, one may request the Board of Adjustment and Appeals for a permit to physically expand or enlarge a structure, including the construction or reconstruction of garages and other accessory buildings normally found in residential areas. The request shall be filed as a variance with the city on an official application form. Furthermore, the Board of Adjustment and Appeals shall not grant such a permit unless it makes the findings required to grant a variance.
(2) Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued to prior to December 13, 2010, provided however, that the entire building shall be completed according to such plans as filed within 24 months from the date of issuance of said permit.
(B) Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building(s) may be erected on any single lot of record at the effective date of this chapter provided that it fronts on a public right-of-way and provided, further, that the width and area measurements are at least 75% of the minimum requirements of this chapter. This provision shall apply provided that side yards and front yard setbacks shall conform to the regulations for the district in which such lot is located.
(C) Nonconforming uses of land.
(1) Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(2) General provisions.
(a) No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied as of December 13, 2010;
(b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel;
(c) If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) Nonconforming structures. Where a lawful structure exists as of December 13, 2010 that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, elevation or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such structure may be enlarged, expanded or otherwise altered in a way that increases its nonconformity, non-inclusive of repair, replacement, restoration, maintenance or improvement activities as allowed under M.S. § 462.357, subd. 1e;
(2) Should such structure be destroyed by any means to an extent of more than 50% of its estimated market value at time of destruction, and no building permit has been applied for within 180 days of when the property was damaged, the municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body(ies);
(3) Should such structure be moved for any reason, for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved;
(4) When a nonconforming use is discontinued or abandoned for twelve months, the nonconforming use shall not be resumed unless otherwise authorized under this chapter; and
(5) Nothing in this chapter shall be deemed to prevent the strengthening or restoration of a structure to a safe condition. Any structure or component thereof declared unsafe by any official charged with protecting the public's safety, shall be addressed by the owner in a timely manner.
(E) Nonconforming use of land/structures combined.
(1) If a lawful use of structures or structures and land in combination (hereinafter, use) exists at the effective date of this chapter that would not be allowed in the district under the terms of this chapter, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(2) General provisions.
(a) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; non-inclusive of repair, replacement, restoration, maintenance or improvement activities as allowed under M.S. § 462.357, subd. 1e;
(b) A nonconforming use may be extended throughout any part of a building which was established, arranged or designed to accommodate such nonconforming use prior to the adoption of this chapter. No use shall be extended to occupy any land outside such building;
(c) Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment and Appeals, by making findings in the specific case, determine that the proposed use is equally or more appropriate within the district than the existing nonconforming use. In permitting such change, the Board of Adjustment and Appeals may impose such conditions as deemed necessary to protect the public's interest, in accordance with the provisions of this chapter;
(d) Any nonconforming use which is replaced by a permitted or conditional use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed or re-established;
(e) When a nonconforming use is discontinued or abandoned for twelve months, the nonconforming use shall not be resumed unless otherwise authorized under this chapter; and
(f) Where nonconforming use status applies to a structure and premises in combination, continuing use of the land in a nonconforming manor shall not be permitted if the structure is removed or destroyed.
(F) Applicability of variance or conditional use permits. If a conditional use permit has been granted as provided in this chapter, it shall not be deemed a nonconformity upon adoption of any future amendments or revisions, but shall continue to only operate under the authority granted within the conditional use permit. Upon expiration or termination of the conditional use permit, the property, use or structure shall be subject to all provisions within the chapter.
(G) District boundary changes. Wherever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing, therein, shall come into existence upon the change of district boundaries.
(Ord. passed - -)
§ 153.022 CONDITIONAL USE AND INTERIM USE PERMIT.
(A) Purpose and intent. The purpose of a conditional use permit is to provide a discretionary approval process, for proposed uses which have unique or widely varying operating characteristics. The procedure is intended to ensure that proposed conditional uses will not have a significant adverse impact on surrounding uses or on the general welfare, public health and safety of the community. An interim use permit shall follow the same guidelines and process as a conditional use permit, but its intent is to have a termination date for the approved use.
(B) Initiating a request.
(1) The Planning Commission or City Council may, upon their own motion, initiate a conditional use permit request in accordance with the provisions of this chapter.
(2) Any person owning property, or having documented interest therein, may initiate a request for a conditional use permit for that property in conformance with the provisions of this chapter. The property owner or designated representative shall complete the required application for a conditional use permit which may be obtained from the Zoning Administrator.
(C) Filing an application.
(1) The application shall be filed with the Zoning Administrator who shall refer the application together with comments thereon to the Planning Commission. Such application shall be accompanied by a fee as established by the City Council. The city, after receipt and review of the application, may request additional information from the applicant which it deems necessary for a proper review by the Planning Commission. The request for a conditional use permit shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.
(2) Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting the same property shall not be considered again by the Planning Commission for at least one year from the date of its denial, except as follows:
(a) The Planning Commission determines that the circumstances surrounding the previous application have changed substantially; or
(b) The City Council directs the Planning Commission to reconsider the permit request by a vote of not less than a majority of all members of the City Council.
(D) Public hearing. Upon receipt of an application for a conditional use permit, the Zoning Administrator shall set the time and date for a public hearing. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten days prior to the hearing. In the case of conditional use permits involving an area of five acres or less, a written notice of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(E) Consideration of request by Planning Commission. Provided the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting. The Planning Commission shall formulate its recommendations and forward a report and recommended findings of fact to the City Council who shall consider the request at its next regular meeting. Should the Planning Commission fail to provide a recommendation to the City Council, the applicant may appeal directly to the City Council for a decision. Failure of the Planning Commission to provide a recommendation to the City Council shall not invalidate the proceedings or actions of the City Council.
(F) Consideration of request by City Council.
(1) If, upon receiving the report and recommendation of the Planning Commission, the City Council finds inconsistencies in the review process, the City Council may refer the matter back to the Planning Commission for further consideration prior to making a final decision. The City Council shall have the option to set and hold a public hearing, if deemed necessary, and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the health, safety, and welfare.
(2) The City Council must take action on the application within 60 days from the date an application is received and deemed complete by the city. An application for a conditional use permit may be granted by a majority vote of the Council.
(3) If the City Council grants the conditional use permit, they may impose such conditions, as may be deemed necessary for, or appropriate to serve the purposes, of the Comprehensive Plan, the Zoning Ordinance, and to protect the public health, safety, and welfare.
(G) Issuance of a permit. In the issuance of a conditional use permit, the Planning Commission, may for good reason, recommend approval and the City Council may approve a use that does not meet all the minimum standards and requirements of the zoned district. Any standards not met shall be so noted as part of the conditional use permit.
(H) Amendments. An amended conditional use permit shall be applied for in a manner similar to that required for a new conditional use permit. Amendments to conditional use permits shall require the submittal of an application and may include the following scenarios: (a) permit has expired; (b) permit has been previously denied; or (c) request for substantial changes in conditions or uses attached to the permit as previously approved. The Planning Commission may, upon formal review and with approval by all members present, authorize minor changes which may include, but not limited to the following: location, siting, heights of buildings or structures and increase in overall coverage of buildings and structures. However, no change authorized by this division shall cause any of the following:
(1) A change in the use or character of the development;
(2) An increase in intensity of use (i.e. gross density, net density or FAR);
(3) An increase in traffic generation (volumes, ADT's, and the like);
(4) A modification to off-street parking and loading spaces; or
(5) A reduction in required pavement widths.
(I) Cancellation, termination or expiration. Where applicable, unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit within one year from the date of its issuance.
(J) Appeal. Any person, taxpayer, department, board, or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 45 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be from time to time amended, supplemented, or replaced.
(Ord. passed - -)
§ 153.023 REZONE REQUESTS AND ORDINANCE AMENDMENTS.
(A) Purpose and intent. The regulations, restrictions, and zoning districts promulgated in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed; provided that no action be taken until after a public hearing in relation thereto, at which parties with interest and citizens shall have an opportunity to be heard. These changes may be to the text, Zoning Map, or any other component of this chapter.
(B) Initiating a request.
(1) The Planning Commission or City Council may, upon their own motion, initiate a zoning amendment request in accordance with the provisions of this chapter.
(2) Any person owning property, or having documented interest therein, may initiate a request for a zoning amendment for that property in conformance with the provisions of this chapter. The property owner or designated representative shall complete the required application for a zoning amendment which may be obtained from the Zoning Administrator.
(C) Filing an application.
(1) The application shall be filed with the Zoning Administrator who shall refer the application together with comments thereon to the Planning Commission. Such application shall be accompanied by a fee as established by the City Council. The Zoning Administrator, after receipt and review of the application, may request additional information from the applicant which is deemed necessary for a proper review by the Planning Commission. The request for a zoning amendment shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.
(2) Whenever an application for a zoning amendment has been considered and denied by the City Council, a similar application for the zoning amendment affecting the same property shall not be considered again by the Planning Commission for at least one year from the date of its denial, except as follows:
(a) The Planning Commission determines that the circumstances surrounding the previous application have changed substantially; or
(b) The City Council, by a two-thirds vote, directs the Planning Commission to reconsider the zoning amendment.
(D) Public hearing. Upon receipt of an application for a zoning amendment, the Zoning Administrator shall set the time and date for a public hearing. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten days prior to the hearing. In the case of zoning amendments involving changes in district boundaries affecting an area of five acres or less, a written notice of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(E) Consideration of request by Planning Commission. Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting. The Planning Commission shall formulate its recommendations and forward a report and recommended findings of fact to the City Council who shall consider the request at its next regular meeting. Should the Planning Commission fail to provide a recommendation to the City Council, the applicant may appeal directly to the City Council for a decision. Failure of the Planning Commission to provide a recommendation to the City Council shall not invalidate the proceedings or actions of the City Council.
(F) Consideration of request by City Council.
(1) If, upon receiving the report and recommendation of the Planning Commission, the City Council finds inconsistencies in the review process, the City Council may refer the matter back to the Planning Commission for further consideration prior to making a final decision. The City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any conditions it considers necessary to protect the health, safety, and welfare.
(2) The City Council must take action on the zoning amendment request within 60 days from the date an application is received and deemed complete by the city. Approval of a proposed amendment shall require a two-thirds vote of the City Council.
(G) Effective date. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in a newspaper of general circulation.
(H) Appeals. Any person, taxpayer, department, board, or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 45 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be from time to time amended, supplemented, or replaced.
(Ord. passed - -)
§ 153.024 VARIANCES.
(A) Purpose and intent. The variance process is intended to provide limited relief from the requirements of this chapter in those circumstances where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this chapter. It is not intended that variances be granted for the establishment or expansion of a use within a zone district where it is not permitted.
(B) Initiating a request. Any person owning property, or having documented interest therein, may initiate a request for a variance for that property in conformance with the provisions of this chapter. The property owner or designated representative shall complete the required application for a variance which may be obtained from the Zoning Administrator.
(C) Filing an application.
(1) The property owner or designated representative shall complete the required application for a variance which may be obtained from the Zoning Administrator. Such application shall be accompanied by a fee as established by the City Council. The application for a variance shall be filed with the Zoning Administrator. The Zoning Administrator, after review of the application, shall have the authority to request additional information from the applicant which is deemed necessary for a proper review by the Board of Adjustment and Appeals. The request for a variance shall be placed on the agenda of the Board of Adjustment and Appeals to occur no later than 60 days from the date of submission.
(2) Variance requests for the same property, of similar intent, shall not be heard within six months of a previous request unless it can be demonstrated to the Zoning Administrator that the conditions for the variance have changed.
(D) Public hearing. Upon receipt of an application for a variance, the Zoning Administrator shall set the time and date for the public hearing. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten days prior to the hearing. In the case of variances affecting an area of five acres or less, a written notice of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the property to which the variance relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(E) Consideration of request by Board of Adjustment and Appeals.
(1) The Board of Adjustment and Appeals shall make findings of fact and shall decide whether to approve, conditionally approve or deny the request for variance within 60 days from the date an application is received and deemed complete by the city. A variance to this chapter shall not be granted unless approved by a majority of the members of the Board of Adjustment and Appeals.
(2) A variance from any provision(s) within this chapter shall not be granted unless the Board of Adjustment makes findings, based upon competent material and substantial evidence that the request complies with the following factors that must be satisfied in constituting an undue hardship:
(a) The property cannot be put to a reasonable use if used under conditions allowed by this chapter;
(b) The plight of the landowner is due to circumstances unique to the property and not created by the landowner; and
(c) The variance, if granted, will not alter the essential character of locality.
(F) Conditions of approval. In authorizing a variance, the Board may, in addition to the specific conditions of approval called for in this chapter, attach such other conditions regarding the location, character, landscaping, or treatment reasonably necessary to further the intent and spirit of this chapter and the protection of the public interest.
(G) Cancellation, termination or expiration. Unless otherwise specified by the Board of Adjustment and Appeals at the time it is authorized, a variance shall expire if the applicant fails to utilize such variance within one year from the date of its issuance.
(H) Appeals.
(1) To appeal a decision of the Board of Adjustment and Appeals, a written notice of appeal must be filed with the city within 45 days of the decision of the Board of Adjustment and Appeals. Appeals to the City Council and appeals from the City Council's decision shall be in accordance with the procedures for appeals from the Board of Adjustment and Appeals set forth in § 153.025.
(2) Any person, taxpayer, department, board, or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 45 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be from time to time amended, supplemented, or replaced.
(Ord. passed - -)
§ 153.025 DECISION MAKING BODIES AND APPEALS.
(A) Planning Commission. The Planning Commission is established pursuant to authority granted to the city under Minnesota Statutes. The Planning Commission shall have the review and recommendation authority as established in this chapter.
(1) Members and terms. The Planning Commission shall consist of no more than nine voting members whom shall be appointed by the City Council. All members shall be bona fide residents of the City. Members of the Planning Commission shall serve in such capacity without compensation of any manner. The term of office shall be four years. The City Council shall fill vacancies and may additionally remove members without cause by a four-fifths vote. The City Council shall appoint one voting member of the Council and may additionally identify an alternative (duration to be consistent with his/her Council term). Vacancies shall be filled for the unexpired term only and members may be appointed for successive terms without limitation.
(2) Quorum and voting. A quorum of the Planning Commission shall consist of five out of nine members of the regular membership. A quorum must exist before this Commission can take any official action on behalf of the city. All actions of the Planning Commission require a majority vote by a quorum of the Commission, unless otherwise set forth in this chapter. A member of the Commission may only be excused from voting on a particular issue if it has been determined that the member would have a conflict of interest or would be violating any codes of ethics.
(3) Records. The city shall keep files, record and notice of all meetings, which shall be available for public inspection.
(4) Chairperson. The Planning Commission shall elect a Chairperson from among its appointed members for the term of one year, starting in January.
(5) Meetings. The Planning Commission shall hold at least one regular meeting each month, pending the availability of agenda items.
(B) Board of Adjustment and Appeals. The Board of Adjustment and Appeals is established pursuant to authority granted to the city under Minnesota Statutes.
(1) Members and terms. The Planning Commission will serve as the Board of Adjustment and Appeals and have the powers granted under M.S. §§ 462.357, subd. 6 and 462.359, subd. 4, as they may be amended from time to time.
(3) Records. The city shall keep files, record and notice of all meetings; which shall be available for public inspection.
(4) Chairperson. Same as the Chairperson for the Planning Commission.
(5) Meetings. Request for the Board of Adjustment and Appeals shall meet as needed, based on the availability of agenda items at the regularly scheduled Planning Commission meeting.
(C) Appeals - applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter. Opinions and evaluations as it pertains to the impact or result of a request are not subject to the appeal procedure.
(D) Proceedings. The Board of Adjustment and Appeals may adopt rules necessary to the conduct and processing of appeals, while maintaining consistency with the provisions of this chapter.
(E) Filing an appeal.
(1) Appeals forwarded to the Board of Adjustment and Appeals concerning interpretation or administration of this chapter must be filed with the city by the property owner or their agent within 45 days of the rendered decision.
(2) Any appeal filed shall be comprehensive and include all matters subject to question. Such appeals must be filed with the Zoning Administrator and shall specifically identify the framework of the appeal, including chapter citations, as applicable. The Zoning Administrator shall forthwith transmit to the Board of Adjustment and Appeals all papers constituting the record upon which the action appealed from was taken. Subsequent appeals filed by the same person which are intended to cause unjustifiable delay shall not be accepted by the city.
(F) Public hearing. Upon receipt of an application for an appeal, the Zoning Administrator shall set the time and date for the public hearing. Notice of said hearing shall consist, at minimum, of a summary description of the request, published in a newspaper of general circulation at least ten days prior to the hearing. Due notice shall be given to all property owners within a 350 foot radius of the affected property, if the application is applicable to a defined property or location within city limits. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding, as applicable. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(G) Stay of proceedings (appeals). An appeal stays all proceedings in furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application to the city.
(H) Appeals procedure. The procedure for making such an appeal shall be as follows:
(1) The property owner or their agent shall file with the city a written notice of appeal stating the specific grounds upon which the appeal is made. The person filing the appeal shall be given written notice of a hearing date and shall be able to appear and testify at such hearing. Such hearing shall be held within 60 days of the filing of the appeal.
(2) The filing of an appeal shall be accompanied by a fee as provided for by the City Council which shall be consistent with any established fee for a variance.
(3) The ruling appealed from shall stand unless a majority of all members of the Board of Adjustment and Appeals by vote to overturn or modify the prior ruling within 60 days of the hearing.
(4) The Board of Adjustment and Appeals shall make its decision within 60 days of the hearing.
(I) Decisions.
(1) In exercising the above-mentioned powers, the Board of Adjustment and Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such other requirement, decision, or determination, and to that end shall have powers of the Zoning Administrator from whom the appeal is taken.
(2) A copy of the decision of the Board of Adjustment and Appeals shall be served on the applicant by mail.
(J) Appeals from Board of Adjustment and Appeals or City Council. Any person, taxpayer, department, board or bureau of the city aggrieved by any decision of the Board of Adjustment and Appeals, shall have the right to seek review within 45 days of the decision with the City Council. An appeal must be filed, in writing, with the City Administrator within the 45 day period, and such written appeal shall set forth the decision appealed from and the date of that decision. Upon receiving a notice of appeal, the appeal shall be placed on the agenda of the next regular Council meeting to occur following at least 15 days from the receipt of the appeal. At that meeting the Council shall review the findings of facts and decision made by the Board of Adjustment and Appeals, as well as any documents that were furnished to the Board of Adjustment and Appeals on the matter. The Council may, but is not required to, allow the aggrieved party and the other persons to speak to the Council on the issue involved in the appeal. The City Council shall have the authority to uphold the decision of the Board of Adjustment and Appeals by passing a resolution adopting the findings of facts and decision of the Board of Adjustment and Appeals, or the Council, by a vote of a majority of all the members of the Council, may reverse or modify the decision of the Board of Adjustment and Appeals, in which case the City Council shall prepare its own findings of facts and decision on the matter appealed. In the absence of a resolution adopting the findings of the Board of Adjustment and Appeals or of a resolution reversing the decision of the Board of Adjustment and Appeals by a vote of a majority of all members of the Council within 45 days of the date of the initial consideration of the appeal at a Council meeting, the findings and decision of the Board of Adjustment and Appeals shall be deemed adopted by the City Council. Any person, taxpayer, department, board or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 30 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be, from time to time, amended, supplemented or replaced.
(K) Specific responsibilities. It is the intent of this chapter that all questions or interpretation and enforcement shall be first presented to the Zoning Administrator and that such questions shall be presented to the Board of Adjustment and Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment and Appeals shall be forwarded to the City Council and, if necessary, to the courts as provided by law and particularly by M.S. Ch. 462.
SUMMARY TABLE OF PROCEDURES. (TABLE 9.1)
Procedure | Section | City Council | Planning Comm. | Board of Adjustment and Appeals | City staff | Zoning certificate |
Procedure | Section | City Council | Planning Comm. | Board of Adjustment and Appeals | City staff | Zoning certificate |
Planning and Zoning | ||||||
Code interpretation | § 153.025 | A | D | |||
Rezone | § 153.023 | D | R, H | R | Yes | |
Zoning amendment | § 153.023 | D | R, H | R | Yes | |
Permits and Approvals
| ||||||
Conditional use permit | § 153.022 | D | R, H | R | Yes | |
Variance | § 153.024 | A, H | D, H | R | ||
Sign permit (on-site and off-premise) | § 153.064 | A | D | Yes2 | ||
Moving permits | § 153.063 | D | R, H | R | Yes | |
Moving permits (accessory structures or single story garages outside the city limits) | § 153.063 | 1
| A1 | D1 |
Yes | |
Home occupation | § 153.070 | A | D | |||
2 As applicable, per § 153.064.
R - Review (responsible for review and/or recommendation)
D - Decision (responsible for final decision)
H - Hearing (public hearing required)
A - Appeal (authority to hear/decide appeals)
(Ord. passed - -)
§ 153.026 ZONING DISTRICTS; DIMENSIONAL REQUIREMENTS AND PERMITTED USES.
(A) Zoning districts. This section and the subsequent subchapter establish the 11 zoning districts within the City of Dilworth and set forth information pertaining to the districts, including: (a) statements of purpose; and (b) dimensional standards and permitted uses. Land use regulations, building regulations and development standards set forth within this chapter shall be enforced uniformly within each district.
(B) Statements of purpose.
(1) Transitional Zone (TZ). This district identifies land that is presently agricultural in use and will be limited to this specific use type until such time that development occurs. Prior to the development of this land or contemporaneous with any development application, a rezoning process consistent with § 153.023 shall be required.
(2) Single-Family and Limited Two-Family District (R-1). This district is established to provide predominantly single-family neighborhoods.
(3) Single-Family and Two-Family Districts (R-2). This district is established to encompass and preserve primary residential neighborhoods.
(4) Limited Multiple-Family Residential District (R-3). This district is established to provide an area where there will be a compatible variety in residential densities by limiting multiple-family dwellings to eight units. The intent of the district is to provide appropriate transitions between single- family residences, two-family residences and low density multiple-family residences.
(5) Multiple-Family Residential District (R-4). This district is established to provide a place for high density residential development. Non-residential uses permitted in this district will be limited to those uses and buildings that will provide stability and dignity to the area as a residential neighborhood.
(6) Manufactured Housing Residential District (R-5). This district is established to set aside an area within municipal limits for the exclusive use of manufactured home park(s) with certain restrictions to provide the residents in that district a safe, healthy environment.
(7) Neighborhood Business District (C-1). This district is established to provide an area for commercial development of a nature that is compatible and complementary with adjacent residential areas.
(8) Central Business District (C-2). This district is established to provide a core area of services to the community of Dilworth. Services provided within this district should vary in use and extent.
(9) General Business District (C-3). This district is established to provide the community and region with an area of commercial establishments that will provide a variety of goods and services.
(10) Light Industrial District (I-1). This district is established to permit light industrial uses that are free from objectionable influence upon adjacent urban development.
(11) Heavy Industrial District (I-2). This district is established to provide an area that will accommodate industries not permitted in other districts. However, these uses should not endanger the health, safety or general welfare of the city or its residents.
(Ord. passed - -)