The definitions in section 30-1 are applicable in this article.

(Code 1982, §§ 900.06(2), 900.08; Ord. No. 99-32, § 1, 11-15-1999; Ord. No. 05-07, § 1, 4-4-2005)

Cross reference— Definitions generally, § 1-2.

Written interpretations of the provisions of this article shall be provided as necessary by the director of planning or the city attorney. Interpretations shall be maintained on file by the city clerk.

(Code 1982, § 900.06(1))

This article is enacted for the following purposes: to protect and promote the health, safety, morals and general welfare by lessening congestion in the public rights-of-way, securing safety from fire, panic and other dangers, providing adequate light and air, facilitating the adequate provision of water, sewerage and other public services and facilities, conserving the values of properties and encouraging the most appropriate use of land, promoting well-managed and staged development of residential, commercial, industrial, recreational and public areas, and conserving and managing the use of natural resources and agricultural lands.

(Code 1982, § 900.02)

State Law reference— General purposes of zoning, Minn. Stats. § 462.357, subd. 1.

The use of all land and every building and the erection or structural alteration of any building or portion of a building in the city shall be in conformity with the provisions of this article. Any building, structure or use lawfully existing on September 4, 1980, which is not in conformity with the regulations prescribed in this article shall be regarded as nonconforming, but may be continued except as provided in, and subject to, the requirements contained in division 3 of this article. The provisions of this article shall be interpreted and applied in accordance with, and as permitted by, state law and are adopted pursuant to authority contained in Minn. Stats. §§ 462.351—462.364. This article shall not repeal, annul or in any way impair or interfere with the provisions of other ordinances or regulations of the city except as expressly provided in this article.

(Code 1982, § 900.04)

(a)

Authorized. The council may, from time to time, by a two-thirds vote of the entire council, adopt amendments to this article, including the zoning map.

(b)

Initiation of proceedings.

(1)

Proceedings to amend this article shall only be initiated by the council, the planning commission or a petition of the property owners.

(2)

An application for an amendment shall be filed with the director of planning. Petitions by property owners requesting change in a district boundary shall be accompanied by a map or plat showing the lands proposed to be changed and all land within 350 feet of the boundaries of the property proposed for such rezoning together with the names and addresses of the owners of land in such area.

(c)

Public hearing. No amendment shall be adopted until a public hearing has been held thereon by the planning commission or council. Except as otherwise provided by law:

(1)

Notice of the time, place and purpose of an amendment hearing shall be published in the official newspaper at least ten days prior to the day of hearing.

(2)

When an amendment involves changes in one or more district boundaries affecting an area of five acres or less, notice of the hearing shall be mailed at least ten days before the date of hearing to each owner of property within the area proposed to be changed and owners of property situated wholly or partially within 350 feet of the property to which the amendment relates. Any appropriate records may be used to determine the names and addresses of such owners, and a copy of the notice, together with a list of the owners and addresses to which the notice was sent, shall be attested to by the city clerk or director of planning and shall be made part of the record of the proceeding.

(3)

The failure of a property owner to receive notice as specified in this subsection shall not invalidate the public hearing or the amendment proceeding.

(d)

Recommendation by planning commission. Following conclusion of the public hearing held by the planning commission, the commission shall report its findings and recommendations on the proposed amendment to the council within 30 days following the hearing. If no report or recommendation is transmitted by the planning commission within 30 days following referral of the amendment to the commission, the council may take action on the amendment without awaiting such recommendation.

(e)

Action by council. Following planning commission consideration or the expiration of its review period, the council may hold such public hearings to consider the amendment as it deems advisable. Following the conclusion of the hearings, if any, the council may adopt the amendment, or any part thereof, in such form as it deems advisable, reject the amendment, or refer it to the planning commission for further consideration. In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan.

(Code 1982, § 900.44)

State Law reference— Amendments to zoning ordinance, Minn. Stats. § 462.357, subds. 2—4.

(a)

Any person who shall violate any of the provisions of this article or who shall fail to comply with any of the provisions in this article, or any permit or order issued pursuant to this article, or who shall make any false statement in any document required to be submitted under the provisions of this article, shall be guilty of a misdemeanor.

(b)

The city council may authorize the institution of legal proceedings to restrain, correct or abate any violation of this article.

(c)

Prior to the institution of legal proceedings, the city administrator may, by written order, suspend, revoke or modify any permit or authorization issued pursuant to this article on information and belief that the permit has been issued in error or on the basis of incorrect or inadequate information, or that the work is not being performed in compliance with this article or with the provisions of any permit issued pursuant to this article. The city administrator, in addition, may issue an order to the owner or occupant of any premises to cease and desist the use of such premises immediately when such premises are being used in a manner creating substantial hazard to the public health, safety or welfare, or in violation of any permit issued pursuant to this article. The city administrator shall have the power to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of lands or structures within the city and to restrain, correct or abate such violations, or to prevent the occupancy of buildings, structures or lands, or prevent any illegal act, conduct, business, or use on or about the premises, and may utilize the city attorney, police and other personnel in accomplishing these duties.

(Code 1982, § 900.46(1), (2)(B), (2)(C))

State Law reference— Zoning violations, Minn. Stats. § 462.362.