Subd. 1.

Enforcing officer.

A.

The council shall designate a city employee who shall be primarily responsible for the enforcement of this chapter.

B.

The enforcing officer shall enforce this chapter and in furtherance of said authority, may:

1.

Enter upon the land or within a building during reasonable working hours as found necessary to fulfill his duties as administrator of this chapter.

2.

Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter.

3.

Maintain permanent and current records of this chapter, including, but not limited to, maps, amendments and conditional uses, variances, appeals, certificates of occupancy and applications thereto.

4.

Institute, in the name of the city, appropriate actions or proceedings against a violator as provided by law.

5.

Establish and enforce necessary or desirable regulations in writing, clarifying or explaining any provision of this chapter.

Subd. 2.

Board of adjustments and appeals.

A.

The council shall act as the board of adjustments and appeals.

B.

The board of adjustments and appeals shall meet within 21 days from the date of receipt of an application for an appeal to consider all appeals from decisions of the chief building official under the building code, determinations made by the city staff in the enforcement of this chapter, council decisions, and such other matters as may be directly referred to it by the council.

C.

The board of adjustments and appeals shall make a finding of fact and make a decision on appeal where it is alleged by the applicant that error has occurred in any order, requirement, decision or determination in accordance with the procedures described in subdivision 3 hereof, except that the appeal request may go directly to the council serving as the board of adjustments and appeals. All appeals shall be filed no later than 90 days after the alleged error.

D.

The board of adjustments and appeals shall decide whether to approve or deny the appeal within 60 days after the appeal request is submitted to it.

E.

The grant of an appeal shall be by two-thirds vote of the full council serving as the board of adjustments and appeals.

Subd. 3.

Variances.

A.

Purpose and scope of application. The council may grant variances from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variances so granted where practical difficulties result from carrying out the strict letter of the regulations of such Code provisions. "Practical difficulties," as used in connection with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.

B.

Procedures.

1.

Request for a variance shall be filed with the city on the city's application form. The application shall include a statement of the exceptional conditions and the peculiar and practical difficulties claimed as a basis for the need for a variance and shall be accompanied by a non-refundable fee as established by council resolution. The application shall also be accompanied by sufficient copies of detailed, written and graphic materials necessary for the explanation of the request, together with a list of property owners affected or within 350 feet of the outer boundaries of the subject property. The request shall be considered as being officially submitted when all the information requirements are complied with.

2.

The city council shall hold a public hearing to review each request for a variance and shall approve or deny the request within 60 days of the filing of a completed application, unless extended in a manner consistent with Minn. Stats. § 15.99. All owners of property located within 350 feet of the outer boundaries of the subject property shall be mailed a notice of the request for variance and the date and time of the city council's public hearing. In cases when a variance to a regulation is requested with other applications for public hearing before the advisory planning commission, the advisory planning commission shall make a recommendation to grant or deny the variance application to the city council.

3.

The city council may approve, approve with conditions or deny a request for a variance. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this chapter, the city council shall consider the following factors:

a.

Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control.

b.

The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code.

c.

The exceptional or extraordinary circumstances do not result from the actions of the applicant.

d.

The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district.

e.

The variance requested is the minimum variance which would alleviate the practical difficulties.

f.

The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone.

g.

The property for which the variance is requested is otherwise in compliance with the City Code.

C.

Lapse of variance or appeal. Whenever within one year after granting a variance or appeal the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal.

D.

Reapplication. No application of a property owner for a variance shall be considered within a period of one year following a denial of such request, except that a new application may be permitted if new evidence or a change of circumstances warrant it.

Subd. 4.

Conditional use permits.

A.

Purpose. Conditional uses include those uses which are not generally suitable within the zoning district, but which may under some circumstances be suitable. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this subdivision 4 have been met.

B.

Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for zoning amendments as provided herein, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits shall be filed with the city on a form prescribed by the city.

C.

Evaluation criteria. The advisory planning commission shall recommend a conditional use permit and the council shall issue such conditional use permit only if it finds that such use at the proposed location:

1.

Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city.

2.

Will be harmonious with the general and applicable specific objectives of the comprehensive plan and Code provisions.

3.

Will be designed, constructed, operated and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.

4.

Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools.

5.

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.

6.

Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets.

7.

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

8.

Is appropriate after considering whether the property is in compliance with the City Code.

D.

Conditions. In reviewing applications of conditional use permits, the advisory planning commission and the council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

E.

Denial for noncompliance. If the advisory planning commission recommends denial of a conditional use permit or the council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section.

F.

Permittee. A conditional use permit shall be issued for a particular use and not for a particular person.

G.

Periodic review, term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use.

H.

Revocation. Failure to comply with any condition set forth in a conditional use permit or any other violation of Code provisions shall also constitute sufficient cause for the termination of the conditional use permit by the council following a public hearing.

I.

Expiration/extension. In any case where a conditional use has not been established within one year of the date on which the conditional use permit was granted, the permit shall be null and void or if the conditional use is discontinued for six months, the conditional use permit shall be null and void, unless a petition for extension of time in which to record the permit or to implement, effect or operate the use has been granted by the council. Such extension shall be requested in writing and filed with the city clerk at least 30 days before the expiration of the conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good cause to extend the conditional use permit. No conditional use permit may be extended for more than one year from the date of expiration of the originally approved conditional use permit. If an extension is granted, the council may impose any additional conditions as allowed under this subdivision.

J.

Reapplication. No application of a property owner for a conditional use permit shall be considered within a period of one year following a denial of such request, except that a new application may be permitted if new evidence or a change of circumstances warrant it.

Subd. 5.

Amendments to zoning map (rezoning) and ordinance text.

A.

Provisions. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any existing district may only be made by an affirmative vote of two-thirds of all members of the council.

B.

Initiation. Proceedings for amendment of this chapter shall be initiated by: (1) a petition proposing a text amendment; (2) a petition of the owner or owners of the property which is proposed to be rezoned; (3) a recommendation of the advisory planning commission; or (4) by action of the council.

C.

Petitions. All petitions for amendments shall be filed with the city. If the application is initiated by the owner or owners of the property and involves the changing of zoning districts and boundary thereof, the application shall be accompanied by an abstractor's certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. The petition shall be forwarded to the advisory planning commission by the city.

Petitions for amendments shall fill out and submit a rezoning/text amendment application form to the city. If a rezoning of property is proposed, a scaled site plan must be attached indicating the following:

1.

A detailed map showing the number of acres in each separate zoning district.

2.

Any additional information that may be required under this Code.

D.

Public hearing—Notice and procedure. The advisory planning commission shall hold at least one public hearing affording the parties interested the opportunity to be heard and shall give not less than ten days' nor more than 30 days' notice of the time and place of such hearing, published in the designated legal newspaper of the city. Such notice shall also include the description of the land and the proposed changes in zoning. At least ten days before the hearing, the city shall mail an identical notice to the owners of the property and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceeding, provided a bona fide attempt to comply with this subdivision has been made. The council may waive the above mailed notice requirement in connection with a city-wide zoning or amendment to the text of this chapter, initiated by the advisory planning commission or the council. An amendment to the text of this chapter, however, shall also require a public hearing as described above.

E.

Referral to advisory planning commission. The council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation.

F.

If the advisory planning commission fails to make a report within 60 days after receipt of the application, the council may act without the recommendation. The council may table the petition for further investigation and hearing. The council may also request further information and report from the advisory planning commission.

G.

City council action. The city council shall after receiving recommendation from the advisory planning commission and within 60 days of receipt of a completed application unless extended in a manner consistent with Minn. Stats. § 15.99, act on the application, providing appropriate findings of fact to support the action. The city council shall consider whether the property is in compliance with the City Code when rezoning is sought.

H.

Reapplication. No application of a property owner for a zoning amendment shall be considered within a period of one year following a denial of such request, except that a new application may be permitted if new evidence or a change of circumstances warrant it.

I.

Comprehensive guide plan amendment concept plan. Prior to filing a land use application that would require an amendment to the city's comprehensive guide plan, any person may submit to the city a concept plan for a proposed comprehensive guide plan amendment, along with a written request that the concept plan be presented to the city council for informal presentation and discussion of the feasibility of the proposed comprehensive guide plan amendment. The request shall be made by addressing a letter to the city council; the request and concept plan will be presented at a subsequent city council meeting as agenda availability permits. A concept plan review hereunder will be limited to one plan review per property in a 12-month period. Submission of the concept plan shall not constitute formal filing of a plan or application with the city. The city council will not take formal action or provide an opinion as to its action upon a formal application for the amendment; the sole purpose of the city council's review of the submitted concept plan is to review and obtain information about the potential/conceptual comprehensive guide plan amendment.

Subd. 6.

Interim use permits.

A.

Purpose. The purpose of an interim use permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the city council upon recommendation of the advisory planning commission and benefit the public good.

B.

Definition. "Interim use" is a temporary use of property until a particular date, or until the occurrence of a particular event.

C.

Evaluation criteria. The council may issue interim use permits for an interim use of property if:

1.

The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein;

2.

The date or event that will terminate the use can be identified with certainty;

3.

Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future;

4.

The user agrees to any conditions that the council deems appropriate for permission of the use;

5.

The use meets the standards set forth in the zoning regulations herein governing conditional use permits; and

6.

The city determines that the property is in compliance with the City Code.

D.

Reserved.

E.

Termination. Any interim use permitted hereunder shall terminate upon the earlier of a specified date, or upon the occurrence of a particular event, which is specified in the permit.

F.

Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the city council with all interested parties being given an opportunity to be heard.

G.

Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in Minn. Stats. § 462.357, subd. 3.

H.

Reapplication. No application of a property owner for an interim use permit shall be considered within a period of one year following a denial of such request, except that a new application may be permitted if new evidence or a change of circumstances warrant it.

(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 422, 2nd series, §§ 1—4, eff. 2-4-08; Ord. No. 454, 2nd series, § 1, eff. 2-16-10; Ord. No. 482, 2nd series, §§ 1, 2, eff. 7-19-2011; Ord. No. 606, 2nd series, § 1, eff. 12-7-2021)