A.   Development Application Procedures: Certain applications of this title require study and action by the city council, the planning commission, city staff, the applicant, and various experts, in varying combinations, dependent upon the nature of the nonstandard use or proposed use or change. These include proposed conditional use permits, variances, site plan reviews, zoning ordinance text or map amendments, and appeals on zoning questions.

   B.   Decision Process: The city council, acting as the board of adjustments and appeals under Minnesota statutes section 462.357, subdivision 6; section 462.359, subdivision 4; and section 15.99 shall make the decisions within the legislative and executive framework of the city on applicable development applications.

   C.   Application Procedure: An application for a zoning ordinance text or map amendment, conditional use permit, interim use permit, variance, and/or site plan review shall be processed in accordance with the following procedure:

      1.   Time Line: Pursuant to Minnesota statutes section 15.99, an application for an amendment shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. (Ord. 5, 12-14-2006)

      2.   Application: Applications shall be filed with the zoning administrator on an official application form of the city, accompanied by a fee as established by city council ordinance. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use. The number of copies to be provided and any additional data shall be determined by the zoning administrator. Applications shall be complete before they are accepted. A complete application shall include the following information: (Ord. 5, 12-14-2006; amd. 2011 Code)

         a.   A city application form(s) relating to the request signed by all persons with an interest in the subject property affected by the request. A copy of an owner's duplicate certificate of title or other approved documentation of interest shall also be submitted with the signed application form(s).

         b.   All supporting information required by this title and/or outlined in subsection 11-3-6F of this chapter and application documents included with the city application forms.

         c.   Payment of all fees associated with the applicable application(s). Applicants shall be responsible for all costs incurred by the city and/or employed consultants. Expenses shall be charged against the required escrow accounts in accordance with subsection G3 of this section.

         d.   A preapplication meeting shall be required by city staff at which the appropriate application procedures, requirements and applicable provisions relating to the request will be reviewed and explained.

         e.   An application will be deemed complete unless the applicant receives written notice within fifteen (15) business days, exclusive of Saturdays, Sundays and legal holidays, of its submission indicating it is not complete and indicating what information is missing. This notice shall be considered given by its deposit in the U.S. mail, first class postage prepaid, addressed to any listed applicant at the address given on the application form. In the event the applicant fails to provide an address on the application form, this notice requirement for incomplete applications shall be deemed waived by the applicant.

      3.   Additional Data: The city council, planning commission, and city staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the city, or may require, as a condition of proceeding with its consideration of any matter, that the applicant furnish expert opinion and data at the expense of the applicant.

      4.   Technical Reports: The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the planning commission and city council. The technical reports are to be entered in and made part of the record of the planning commission and forwarded to the city council. (Ord. 5, 12-14-2006)

      5.   Notice Of Hearing: For applications involving zoning amendments, conditional use permits, and variances, the zoning administrator shall set a date for a public hearing. Notice of such hearing shall consist of time, place and purpose, a legal property description, a general description of the property location, and a description of the request to be published in the official newspaper at least ten (10) days prior to the hearing. Written notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property, according to the records available to the city, within three hundred fifty feet (350') of each parcel included in the request. (Ord. 5, 12-14-2006; amd. 2011 Code)

      6.   Notice Not Received: Failure of the city to send or a property owner to receive notice shall not invalidate any proceedings under this title; provided, that a bona fide attempt has been made to comply with the requirements of subsection C5 of this section.

      7.   Hearing: After receipt of the report of the zoning administrator, the planning commission shall conduct the public hearing and consider the application.

      8.   Presentation Of Application: The applicant or a representative of the applicant shall appear before the planning commission in order to present the case for the application and to answer questions concerning the request. Failure of the proponent to appear at either the planning commission or city council for consideration of the matter may constitute grounds for rejection of the application. The planning commission and the city council may each require sworn testimony and a verified transcription of the proceedings at the expense of the city. The applicant shall have the same privilege of presenting sworn testimony and may provide for a transcript of the proceedings at the expense of the applicant.

      9.   Recommendations Of Planning Commission: The planning commission shall recommend such actions or conditions relating to the application as deemed necessary or desirable to carry out the intent and purpose of this title and the comprehensive plan. Such recommendation shall be either in the minutes or by written resolution and forwarded to the city council.

      10.   Record Before City Council: The zoning administrator shall place the report and recommendation of the planning commission and the city staff on the agenda for the next regular city council meeting after planning commission action, or the expiration of sixty (60) days after the first consideration by the commission, whichever is earlier, subject to the limitations of Minnesota statutes section 15.99. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

      11.   City Council Review: Subject to the limitations of Minnesota statutes section 15.99, the city council shall act upon an application after it has received the report and recommendation from the planning commission. If, upon receiving the reports and recommendations of the planning commission and zoning administrator, the city council desires further consideration, or finds that inconsistencies exist in the review process, data submitted or recommended action, the city council may, before taking final action, refer the matter back to the planning commission with a statement detailing the reasons for referral.

      12.   City Council Action:

         a.   Approval of a proposed amendment shall require a majority vote of all members of the city council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial shall require a two-thirds (2/3) (4 out of 5 members of the city council) majority vote of all members of the city council.

         b.   Approval of an amendment shall be effective upon its date of publication.

         c.   Approval of a request for conditional use permit, interim use permit, or variance shall require passage by a three- fifths (3/5) vote of all members of the city council.

         d.   Approval of a request for site and building plan review shall require passage by a majority vote of the city council.

         e.   Denial of applications for amendment shall be accompanied by written findings of fact of the city council, including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the comprehensive plan and/or this title and is otherwise injurious to the public health, safety and welfare.

      13.   Notice To Applicant: The zoning administrator shall notify the applicant of the decision of the city council in writing, including any relevant resolution and findings which may have been passed by the city council.

      14.   Filing Of Notice Of Action: A certified copy of any zoning ordinance amendment, conditional use permit, interim use permit, or variance authorized shall be filed with the county recorder.

      15.   Reconsideration: Whenever an application has been considered and denied by the city council, a similar application affecting substantially the same property shall not be considered again by the planning commission or city council before the expiration of six (6) months from the date of its denial and any succeeding denials. However, a decision to reconsider such matter may be made by a majority vote of all members of the city council at any time.

      16.   Appeals From City Council Decision: All decisions made by the city regarding a zoning ordinance text or map amendment, conditional use permit, interim use permit, administrative permit, grading permit, wetland permit, building permit, variance, or site or building plan review shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the aggrieved person, to the District Court in Scott County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above.

   D.   Expiration Of Zoning Approvals:

      1.   Unless otherwise specified by the city council at the time it is authorized, a conditional use permit, interim use permit, variance, or site and building plan approval shall be null and void and expire if the applicant fails to implement such approval and fulfill each and every condition attached thereto within one year from the date of its authorization unless a petition for an extension of time in which to implement the approved plans has been granted by the zoning administrator; provided, that:

         a.   The extension is requested in writing and filed with the city at least thirty (30) days prior to the expiration of the initial conditional use permit request.

         b.   The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the approval.

         c.   A maximum of one administrative extension shall be granted.

         d.   The extension shall not exceed ninety (90) days from the initial expiration date.

         e.   There shall be no charge for the filing of a petition for an administrative extension.

      2.   Upon receiving a recommendation from the planning commission and city staff, the city council may grant an extension of greater than ninety (90) days; provided, that:

         a.   The conditions described in subsections D1a, D1b and D1c of this section are satisfied.

         b.   The extension shall not exceed one year from the initial expiration date. (Ord. 5, 12-14-2006)

         c.   The filing of a petition for extension is subject to fee requirements established by city council ordinance. (Ord. 5, 12-14-2006; amd. 2011 Code)

   E.   Performance Agreement: Upon approval of a conditional use permit, interim use permit, variance, site plan, administrative permit, grading permit, and wetland permit, the city may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the approval and the codes of the city. The performance agreement shall be prepared and approved by the city attorney and shall contain, but not be limited to, the following items and conditions: (Ord. 30, 10-23-2008)

      1.   Performance Security: The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the approval. The security may be in the form of a surety bond, cash escrow, certificate of deposit, irrevocable letter of credit, securities or cash deposit. The security shall be in an amount determined by the city engineer or building official under the direction of and approved by the council, to cover estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages with prior approval of the city.

      2.   Security Release: The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the application approval and building code of the city has been issued by the city building official.

      3.   Security Forfeiture: Failure to comply with the conditions of the application approval and/or the ordinances of the city shall result in forfeiture of the security.

      4.   Hold Harmless And Indemnification Of City: The applicant shall agree to indemnify and hold harmless the city and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, violation of any safety law, and regulation or any code in the performance of this agreement, without regard to any inspection or review made or not made by the city, its agents or employees or failure to take any other prudent precaution. In the event any city employee, agent or representative shall come under the direct or indirect control of the applicant, or the city, upon failure of the applicant to comply with any conditions of the approval, performs said conditions pursuant to the bond, the applicant shall indemnify and hold harmless the city, its employees, agents and representatives for its own negligent or intentional acts in the performance of the applicant's required work under the permit.

      5.   Fees: The applicant shall agree to pay any and all attorney and consultant fees incurred by the city to enforce the terms and conditions of any application approval or provisions of any performance agreement relating to said permits.

   F.   Appeals From Administrative Action: The city council, serving as the board of appeals and adjustments, shall, after receiving the written report of the zoning administrator, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, interpretation requirement, decision or determination made by any administrative office or the zoning administrator in the enforcement of this title. However, said appeal shall be filed not later than sixty (60) days after the applicant has received a written order form the city or the appeal shall be void. All decisions made by the city regarding an appeal from an administrative action shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the aggrieved person, to the District Court in Scott County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above.

   G.   Cost Recovery:

      1.   Purpose: The costs of the city for receiving, analyzing, processing, hearing and final process for requests of changes, modification, or special consideration under this title, such as requests for rezoning (map or text), conditional use permits, interim use permits, variances, grading permits, and wetland permits, are considered to be unique to the applicant requesting such consideration, and it is the intent of this subsection to provide that all costs of the city occasioned by such requests shall be borne by the applicant. The reimbursement to the city shall be limited to actual costs of the city. Actual costs shall include all engineering, legal, planning, or other consultant fees or costs paid by the city for other consultants for expert review of a development application. (Ord. 30, 10-23-2008)

      2.   Base Zoning Fee: Each applicant shall pay a nonrefundable base zoning fee at the time an application is presented to the city for a zoning change of any nature, site and building plan review, a conditional use, or a variance. This fee is intended to reimburse the city for its costs for administrative processing of a development application. If this fee proves to be insufficient to cover such costs, such additional costs will be charged as a part of the zoning deposit, or the supplemental zoning deposit. (Ord. 5, 12-14-2006)

      3.   Escrow Deposit: In addition to the nonrefundable basic zoning fee, each applicant shall pay an escrow deposit in an amount established by city council ordinance at the time of application. All actual costs including, but not limited to, planning, engineering, legal, or other consultant fees or costs incurred by the city in the processing of the application shall be paid from or reimbursed to the city from the escrow deposit. Actual costs not fully paid or reimbursed from the base zoning fee shall be paid or reimbursed from this escrow or supplemental deposit. (Ord. 5, 12-14-2006; amd. 2011 Code)

      4.   Supplemental Deposit: At any time while the application is pending and before its final conclusion, if the zoning administrator determines that the amount of the escrow deposit required by subsection G3 of this section is or is estimated to be insufficient to pay for present or anticipated actual costs of the application, a supplementary deposit shall be required by the zoning administrator to be paid by the applicant. The one or more supplemental deposits shall be in an amount sufficient to pay all actual costs of the city.

      5.   Refunds:

         a.   Administrative Costs: The base zoning fee, intended to cover administrative costs, is nonrefundable.

         b.   Direct Costs: If the direct costs of the city in processing the application are less than the amount of the escrow deposit and any supplemental deposit, any such coverage shall be refunded to the applicant upon the conclusion of the proceedings, and any such costs in excess of the supplemental deposits on hand with the city shall be paid by the applicant prior to completion of the proceedings by the city.

   H.   Certification Of Taxes Paid: Prior to approving an application for amendment, conditional use permit, interim use permit, variance, or administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates. (Ord. 5, 12-14-2006; amd. Ord. 215, 5-14-2020; Ord. 317, 12-19-2024)

   A.   Purpose: The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining streets, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

   B.   Procedure: An application for a conditional use permit requires a public hearing and is to be processed in accordance with the procedures outlined in subsection 11-3-1C of this chapter.

   C.   Criteria: The planning commission shall consider possible effects of the proposed conditional use. Its judgment shall be based upon, but not limited to, the following factors:

      1.   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan.

      2.   The proposed use is or will be compatible with present and future land uses of the area.

      3.   The proposed use conforms with all performance standards contained in this title.

      4.   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.

      5.   Traffic generation by the proposed use is within capabilities of streets serving the property.

   D.   General Performance Standards: As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the following general performance standards and criteria:

      1.   The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided.

      2.   The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 9 of this title.

      3.   If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

      4.   Adequate off street parking and off street loading shall be provided in compliance with chapter 9 of this title.

      5.   Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 9 of this title.

      6.   Whenever a nonresidential use is "adjacent" to a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 10 of this title.

      7.   General site screening and landscaping shall be provided in compliance with chapter 10 of this title.

      8.   All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-4-7 of this title.

      9.   Potential exterior noise generated by the use shall be identified, and mitigation measures, as may be necessary, shall be imposed to ensure compliance with section 11-4-8 of this title.

      10.   The site drainage system shall be subject to the review and approval of the city engineer.

      11.   The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

      12.   All signs and informational or visual communication devices shall be in compliance with chapter 12 of this title.

      13.   The use and site shall be in compliance with any federal, state or county law or regulation that is applicable, and any related permits shall be obtained and documented to the city.

      14.   Any applicable business licenses mandated by this code are approved and obtained.

      15.   The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.

      16.   The use complies with all applicable performance standards of the zoning district in which it is located, and where applicable, any nonconformities shall be eliminated.

      17.   All additional conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

   E.   Revocation Of Permit: The planning commission may recommend and the city council may direct the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this title, city codes, or other applicable regulations. The city council or planning commission shall initiate an application and the zoning administrator shall notify the responsible person that he has an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to subsection 11-3-1C of this chapter. The zoning administrator shall provide the responsible person a copy of the proceedings and findings of the planning commission and city council.

   F.   Modifications To Permit: Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the city. Proposed permit modifications shall be classified as major or minor, as determined by the zoning administrator. Major permit modifications may include, but shall not be limited to: hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed as follows:

      1.   Minor Modifications:

         a.   Additional Qualifications: In addition to other considerations noted above, minor permit modifications shall meet the following criteria:

            (1)   Sites shall be in nonresidential zoning districts, and shall not abut any residential zoned property.

            (2)   All sites shall be legal parcels of record at the time of application.

            (3)   All applications for permit modification shall be complete and in full accordance with the requirements of subsection 11-3-6F of this chapter.

            (4)   All applicable fees shall be paid.

            (5)   All permit modification proposals shall meet or exceed the standards of all applicable codes, ordinances, and policies and shall be free of any variances from those standards.

            (6)   Only applications for preexisting, preapproved uses explicitly classified as conditional uses within the respective zoning districts of this title are eligible for administrative approval.

         b.   Procedure: Administrative approval of minor permit modifications shall be subject to the requirements of section 11-3-4 of this chapter.

      2.   Major Modifications:

         a.   Qualifications: Any permit modification not classified or qualifying as minor shall be classified as major.

         b.   Procedure: Major permit modifications shall be processed according to subsection B of this section and shall be subject to all requirements and standards of this chapter. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose and intent of allowing interim uses is:

      1.   To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction.

      2.   To allow a use that is presently judged acceptable by the city council but, with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

      3.   To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the comprehensive plan; provided, that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

   B.   Procedure: An application for an interim use permit requires a public hearing and is to be processed in accordance with the procedures set forth in subsection 11-3-1C of this chapter.

   C.   Criteria: The planning commission shall consider possible effects of the proposed interim use. Its judgment shall be based upon, but not limited to, the factors outlined in subsection 11-3-2C of this chapter.

   D.   General Performance Standards: As may be applicable, the evaluation of any proposed interim use permit request shall be subject to and include, but not be limited to, the general performance standards and criteria outlined in subsection 11-3-2D of this chapter, and:

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

      2.   The use will not impose additional unreasonable costs on the public.

      3.   The user agrees to any conditions that the city council deems appropriate for permission of the use.

      4.   The use is allowed as an interim use in the respective zoning district.

   E.   Termination: An interim use shall terminate on the happening of any of the following events, whichever occurs first:

      1.   The date or event stated in the permit.

      2.   Upon violation of conditions under which the permit was issued.

      3.   Upon change in this title which renders the use nonconforming.

      4.   The property is redeveloped to a permitted or conditional use allowed in the respective zoning district. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approval of the zoning administrator with the goal of protecting the health, safety, and welfare of the citizens of the city.

   B.   Procedure:

      1.   Application for an administrative permit shall be filed by the property owner or designated agent with the zoning administrator on forms to be provided by the city. (Ord. 5, 12-14-2006)

      2.   The application shall be accompanied by a fee as established by city council ordinance. Applications for amending administrative permits shall be accompanied by a fee as established by city council ordinance. (Ord. 5, 12-14-2006; amd. 2011 Code)

      3.   The zoning administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this title. The zoning administrator shall notify the applicant, in writing, of an incomplete application within fifteen (15) business days of the date of submission.

      4.   The zoning administrator's review shall be based upon the following factors:

         a.   Compliance with and effect upon the comprehensive plan and public facilities plans.

         b.   The establishment, maintenance or operation of the use, event or activity will not be detrimental to or endanger the public health, safety, or welfare.

         c.   The establishment of the use, event or activity will not conflict with existing uses and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

         d.   Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed.

         e.   The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located and to the performance standards as outlined in subsection 11-3-2D of this chapter and all other applicable provisions of this title.

      5.   The zoning administrator shall make a determination on approval or denial of the administrative permit within sixty (60) days from the date of submission of a complete application.

      6.   A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this title shall be attached to the permit.

      7.   Determination of noncompliance with applicable codes, ordinances, and the standards in this title shall be communicated to the applicant in writing, and the application for the permit shall be considered denied.

      8.   Unresolved disputes as to administrative application of the requirements of this section shall be subject to appeal as defined by subsection 11-3-1F of this chapter.

   C.   Information Required: The information required for all administrative permit applications shall include:

      1.   A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on site security, provisions for on site parking, and other pertinent information required by the zoning administrator to fully evaluate the application.

      2.   A copy of the approved site plan for the property or an as built survey which accurately represents existing conditions on the site, including entrances and exits and bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

      3.   An accurate floor plan when, in the judgment of the zoning administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits.

      4.   Certification of current sales tax number as issued by the state, if applicable.

      5.   Information identified in subsection 11-3-6F of this chapter, as may be applicable.

   D.   Performance Standards: All structures, uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such structure, use, event or activity is proposed, as well as the applicable standards in subsection 11-3-2D of this chapter. (Ord. 5, 12-14-2006)

   E.   Administration And Enforcement:

      1.   Performance Security: The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the approval. The security may be in the form of a cash escrow, irrevocable letter of credit, or other financial instruments which provide equivalent assurance to the city and which are approved by the city administrator. The security shall be in an amount determined by the city engineer or building official, under the direction of and approved by the council, to cover estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages with prior approval of the city. (Ord. 46, 9-24-2009)

      2.   A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the zoning administrator.

      3.   Enforcement of the provisions of this section shall be in accordance with subsection 11-3-1I of this chapter. Violation of an issued permit or of the provisions of this section shall also be grounds for denial of future permit applications.

   F.   Certification Of Taxes Paid: Prior to approving an application for an administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the administrative permit application relates.

   G.   Nonpermit Approvals: In cases where the zoning administrator is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in subsection B4 of this section.

   H.   Site Improvement Performance Agreement And Financial Guarantee: Following the approval of an administrative permit or nonpermit approval as required by this section and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the city the completion of all private exterior amenities as shown on the approved site plan and as required by the administrative permit or nonpermit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in subsection 11-3-1E of this chapter. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose of this section is to protect the lands, wetlands, and receiving waters in the city and surrounding areas from degradation due to development, redevelopment, infrastructure improvements or alterations to the landscape.

   B.   Permit Required: Except as otherwise provided in this section, it shall be unlawful for anyone to alter the landscape or drainage without having first obtained a written grading permit from the city authorizing the same in accordance with this section. Projects impacting wetlands will also require a wetland permit. A grading permit is also required for site disturbances that are smaller than the minimum specified in this section to require a permit if such activities are part of a larger development that would require a permit.

   C.   Exceptions To Permit Requirements:

      1.   Compliance With General Standards: All land disturbing activities not required by this subsection to obtain a permit or have an approved SWPPP shall nevertheless be conducted in full compliance with section 11-11-1 of this title.

      2.   Grading Permit Exceptions: The following activities do not require a grading permit under this section:

         a.   Mining or land reclamation approved under an interim use permit issued by the city.

         b.   Minor land disturbing activities, such as home gardens, repairs, and maintenance work, that do not meet the thresholds under this section.

         c.   Maintenance or repair of individual sewage treatment systems.

         d.   Installation of any fence, sign, telephone or electric poles, or other kinds of posts or poles.

         e.   Emergency activity necessary to protect life or prevent substantial harm to persons or property.

         f.   All maintenance, repair, resurfacing, and reconditioning activities of existing roads, bridges, and highway systems which do not involve land disturbing activities outside of the existing surfaced roadway.

         g.   Construction, installation, and maintenance of public utility lines or individual service connections unless the activity disturbs more than one acre.

         h.   Construction of any structure on an individual parcel in a subdivision approved by the city, so long as any land disturbing activity complies with a city approved plan.

         i.   Development, redevelopment, or construction of a structure on an individual parcel where the land disturbing activity does not cause off site erosion, sedimentation, flooding, or other hazards or damage, and creates less than one-tenth (0.1) acre of cumulative impervious surface.

         j.   Cemetery graves.

         k.   Grading a lot or excavation for a foundation, cellar, or basement in conjunction with building construction if a building permit has been issued for the building.

         l.   Curb cuts, utility hookups, or street openings for which another permit has been issued by the city.

         m.   Excavation or filling of less than fifty (50) cubic yards in a calendar year and excavation or filling of less than one hundred (100) square feet of surface area in a calendar year.

         n.   Plowing or tilling for agricultural purposes.

      3.   Wetland Permit Exceptions: The following activity does not require a wetland permit or mitigation plan under this title: Minor wetland impacts that have received a "certificate of exemption" or "no loss determination" by the city in the capacity of administering the wetland conservation act.

   D.   Information Required:

      1.   Application for a grading permit shall be made on a form furnished by the city and shall contain the information required by subsection 11-3-6F of this chapter.

      2.   An application for a wetland permit shall be made on a form furnished by the Minnesota board of water and soil resources.

   E.   Criteria And Performance Standards: All activities to be performed under grading permits and wetland permits shall conform to the standards of chapter 11 of this title.

   F.   Processing Permits:

      1.   Earthwork involving more than fifty (50) but less than one thousand (1,000) cubic yards of material in a twelve (12) month period requires issuance of an administrative permit pursuant to section 11-3-4 of this chapter. The applicant shall submit the fee and information required by the city for the issuance of the administrative permit. Upon receipt of a completed application, the city shall process the administrative permit in accordance with the process established under section 11-3-4 of this chapter. The issuance of the administrative permit may include conditions necessary to protect the public interest. Security may be required in an amount sufficient to ensure site restoration should the applicant default. Any applicant aggrieved by a decision may appeal the determination to the city council pursuant to subsection 11-3-1(F) of this chapter.

      2.   All other applications shall be processed in accordance with the procedures outlined in subsection 11-3-1C of this chapter. Applications may run concurrently and share submittals with other applications related to the site, if applicable.

   G.   Inspection And Monitoring: After issuance of a permit, the city may perform such field inspections and monitoring of the approved activity as the city deems necessary to determine compliance with the conditions of the permit and this section. Any portion of the activity not in compliance shall be promptly corrected by the permittee. In applying for a permit, the applicant consents to entry upon the land for field inspections and monitoring, or for performing any work necessary to bring the activity into compliance. The cost to the city for field inspections and monitoring, including services of consultants, shall be paid by the permittee as provided in subsection 11-3-1G of this chapter.

   H.   Field Inspection Fees: The city may require a permittee to pay a field inspection fee equal to the actual cost of the field inspection and subsequent monitoring of the permitted activity, including services of engineering, legal and other consultants. The city may require a deposit to cover the cost to inspect and monitor a proposed activity at the time the application is filed. If continued inspection and monitoring of the activity is required by the city, additional field inspection fees shall be paid within thirty (30) days after issuance of an invoice for the work. A permit may be revoked or a certificate of completion withheld if the field inspection fee is not fully paid.

   I.   Cash Payments: The city may require a cash payment in lieu of security for future responsibilities of the applicant such as wetland monitoring and maintenance if the applicant requests the city take responsibility for these activities or if required by the city as a condition of granting the permit.

   J.   Certification Of Completion:

      1.   The city shall authorize the release of required securities following city inspection and receipt of certification from a professional engineer licensed in the state of Minnesota verifying completion of the activity in accordance with the approved plans, specifications, and general conditions of the permit.

      2.   Record plans of final grades, pond and drainageway contours, building pads, public infrastructure, and copies of documents, with evidence of recording where appropriate, that establish easements or provide for maintenance of structures required by the permit shall be filed with the city before completion can be certified and any security released. All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) shall be removed before any securities shall be released. No activity may be certified as complete if there are unpaid fees or other outstanding permit violations.

      3.   Following full build-out of lots and/or stabilization of the site, the applicant or applicant's assignee shall clean ponds and structures to their original approved condition. The applicant may make a cash payment to the city to satisfy this requirement prior to full build-out in an amount sufficient to meet the requirements hereunder, as determined by the city.

   K.   Other Permits: The applicant shall secure all environmental permits and approvals required by other governmental entities, and promptly provide the city with copies of such permits and approvals after issuance. In the event the applicant fails to secure the appropriate permits, all related site work shall be suspended. Site work can resume when the permitting agency has reviewed required applications and written permit approval is forwarded to the city. (Ord. 30, 10-23-2008; amd. Ord. 317, 12-19-2024)

   A.   Purpose: The purpose of site and building plan review is to establish a formal site and building plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this title in advance of building permit issuance.

   B.   Exemptions From Review: Except in those cases specifically cited within this title, the following shall be exempted from the foregoing requirements of this section:

      1.   Projects which require variances, subdivision approval, conditional use permits, other zoning permits or amendments.

      2.   New construction (including modifications, additions and enlargements) of agricultural related buildings, single-family detached dwellings and two-family attached dwellings.

      3.   Modifications, additions or enlargements to multiple-family residential, commercial, industrial and institutional buildings which do not increase the gross floor area more than twenty five percent (25%).

      4.   Modifications to multiple-family residential, commercial, industrial and institutional buildings which alter the design or materials of any single exterior building wall less than twenty five percent (25%).

      5.   Changes in the use of leasable space in single- or multi- tenant buildings where a change of tenant does not intensify the use of the space nor require additional off street parking.

      6.   Expansion of off street parking which is not related to modifications, additions or enlargements to the gross floor area of an existing building.

      7.   Construction of permitted accessory buildings or structures. (Ord. 19, 3-27-2008)

   C.   Sketch Plan:

      1.   Prior to the formulation of a site plan, applicants may present a sketch plan to the zoning administrator prior to filing a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour intervals not greater than two feet (2') and may include the following:

         a.   The proposed site with reference to existing development, topography, and drainage conditions on adjacent properties, at least to within two hundred feet (200').

         b.   Natural features.

         c.   General location of existing and proposed structures including signs.

         d.   Tentative access, circulation and street arrangements, both public and private.

         e.   Amenities to be provided such as recreational areas, open space, walkways, landscaping, etc.

         f.   General location of parking areas.

         g.   Proposed public sanitary sewer, water and storm drainage.

         h.   A statement showing the proposed density of the project with the method of calculating said density also shown.

         i.   Other items as may be deemed necessary by the zoning administrator.

      2.   The zoning administrator shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning administrator, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request.

      3.   Sketch plan review shall not activate the sixty (60) day time requirement pursuant to Minnesota statutes section 15.99, as may be amended.

   D.   Procedure: An application for site and building plan review is to be processed in accordance with the provisions of subsection 11-3-1C of this chapter. A public hearing is not required to consider an application for site and building plan review.

   E.   Criteria: The zoning administrator shall evaluate the proposed site plan based upon compliance with the city comprehensive plan, provisions of this title, and other applicable provisions of this code.

   F.   Information Required: The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the zoning administrator:

      1.   Site boundaries, buildings, structures and other improvements shall be identified on site with a current certificate of survey, prepared and signed by a Minnesota licensed land surveyor, depicting the following:

         a.   Scale of plan (engineering scale only) at one inch equals fifty feet (1" = 50') or less.

         b.   North point indication.

         c.   Existing boundaries with lot dimension and area.

         d.   Existing site improvements.

         e.   All encroachments.

         f.   Easements of record.

         g.   Legal description of the property.

         h.   Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property.

      2.   A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

         a.   Name and address of developer/owner.

         b.   Name and address of architect/designer.

         c.   Date of plan preparation.

         d.   Dates and description of all revisions.

         e.   Name of project or development.

         f.   All proposed improvements, including:

            (1)   Required and proposed setbacks.

            (2)   Location, setback and dimensions of all proposed buildings and structures.

            (3)   Location of all adjacent buildings located within two hundred feet (200') of the exterior boundaries of the property in question.

            (4)   Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

            (5)   Location, number, and dimensions of proposed loading spaces.

            (6)   Location, width, and setbacks of all curb cuts and driveways.

            (7)   Vehicular circulation.

            (8)   Sidewalks, walkways, and trails.

            (9)   Location and type of all proposed lighting, including details of all proposed fixtures.

            (10)   Location of recreation and service areas.

            (11)   Location of rooftop equipment and proposed screening.

            (12)   Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

            (13)   Location, sizing, and type of water and sewer system mains and proposed service connections. (Ord. 5, 12-14-2006)

      3.   Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

         a.   Existing contours at two foot (2') intervals (may be prepared by a Minnesota licensed surveyor).

         b.   Proposed grade elevations at two foot (2') maximum intervals.

         c.   A stormwater management report shall be submitted that shows all of the design elements utilized to comply with these requirements. A written narrative shall be included that describes the stormwater system. A summary, calculations, drainage areas, figures, tables and plan sheets shall accompany the report.

         d.   Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

         e.   Spot elevations (may be prepared by a Minnesota licensed surveyor).

         f.   Proposed driveway grades.

         g.   Surface water ponding and treatment areas.

         h.   Soil borings or tests if requested by the city.

         i.   Those areas of the site to be used for storage of topsoil and overburden.

         j.   Proposed stockpile sites.

         k.   The description and quantity of material to be excavated.

         l.   The depth of water tables throughout the area.

         m.   The location and depth of wells and buried garbage, water, and fill.

         n.   Delineation of the subwatershed contributing runoff from any/all off site sources.

         o.   Proposed and existing subwatersheds on site.

         p.   Emergency overflows and watercourses.

         q.   For applications proposing infiltration as volume control: identification, description, permeability, HSG classification and approximate delineation of site soils in both existing and proposed postdevelopment conditions.

         r.   The existing and proposed OHW and 100-year high water elevations on site.

         s.   Description and sketch of all drainage easements or other property interest to be determined for stormwater management purposes.

         t.   Identify downstream evaluation areas to the point of ten percent (10%) and corresponding drainage area(s) on a USGS map.

         u.   Stormwater pollution prevention plan (SWPPP).

         v.   Determination by a registered professional engineer of the 100-year critical flood elevation before and after the proposed activity.

         w.   Computation of the change in flood storage capacity as a result of the proposed alteration or fill.

         x.   A map or plan indicating existing on site wetland, marsh, buffer, shoreland, 100-year floodplain areas and other levels, all referenced to the city datum.

         y.   Delineation of all exceptional value wetlands located in downstream evaluation in the flow path.

         z.   A wetland alteration permit, if required by this code, which shall be processed concurrently with the grading permit application. (Ord. 30, 10-23-2008)

      4.   Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

         a.   Planting schedule (table) containing:

            (1)   Symbols.

            (2)   Quantities.

            (3)   Common names.

            (4)   Botanical names.

            (5)   Sizes of plant material.

            (6)   Root specification (bare root, balled and burlapped, potted, etc.).

            (7)   Special planting instructions.

         b.   Location, type and size of all existing significant trees to be removed or preserved.

         c.   Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

         d.   Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

         e.   Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

         f.   Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

         g.   Delineation of both sodded and seeded areas with respective areas in square feet.

         h.   Coverage plan for underground irrigation system, if any.

         i.   Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

         j.   Other existing or proposed conditions which could be expected to affect landscaping.

      5.   Other plans and information as required by the zoning administrator including, but not limited to:

         a.   Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

         b.   "Typical" floor plan and "typical" room plan drawn to scale with a summary of square footage for each use or activity.

         c.   Fire protection plan.

         d.   Type, location and size (area and height) of all signs to be erected upon the property in question.

         e.   Vicinity map showing the subject property in reference to nearby highways or major street intersections.

         f.   Sound source control plan.

         g.   Lighting plan.

   G.   Plan Modifications: An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.

   H.   Building Regulations:

      1.   Review And Approval Regarding Building And Fire Codes: The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

      2.   Building Permit Requirements 1 :

         a.   Permit Required: Except as hereinafter provided, no person, firm, or corporation shall construct, erect, alter, wreck or move any building or structure or parts thereof within the corporate limits of the city without first securing a building permit from the city. Application for a building permit shall be made on a blank form to be furnished by the city.

         b.   Information And Other Requirements:

            (1)   All building permit applications shall be accompanied by the following documents, unless exempted by the building official:

               (A)   Two (2) sets of building plans and specifications showing all easements and elevations (in relation to street grade).

               (B)   Two (2) copies of a certified land survey.

               (C)   Two (2) copies of a plot plan indicating property lines, building setbacks (from right of way) and location of all utility lines.

            (2)   City utility information is available for review by the public during regular office hours at city hall. If further information is required, the city engineer shall be contacted at the inquirer's expense. The city accepts no liability for:

               (A)   Locations of any service lines.

               (B)   Locations of main lines not shown on city utility lines.

            (3)   The processing of building permits takes up to ten (10) days.

            (4)   Applicants are responsible for pick up and payment of building permits.

            (5)   No building permit will be issued until payment is made in full, including all deposit(s) (if any).

            (6)   Inspections during construction may be made by contacting the building department to request an appointment a minimum of twenty four (24) hours in advance. Applicants are advised that the site address, inspection record, and approved plans shall be posted on site or no inspection will be performed and a reinspection fee may be charged.

            (7)   Any work which begins prior to issuance of a building permit shall be subject to a civil penalty determined by the city council.

            (8)   Prior to occupancy of any building, a final inspection must be performed. When a final inspection is completed, the building official will issue a certificate of occupancy.

         c.   Issuance Of Permit: The building official shall issue the building permit only after determining that the building plans, together with the application, comply with the terms of this section and the state building code.

      3.   Schedule Of Fees, Charges And Expenses: The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this title. The schedule of fees shall be posted in the office of the city clerk and may be altered or amended only by the city council.

      4.   Certificate Of Occupancy Required: The purpose of a certificate of occupancy inspection is to ensure that there is compliance with all aspects of the plans which were approved for a building permit by verifying such with an on site visual inspection of the project. At the completion of a building project, a request for a certificate of occupancy inspection shall be made for the following types of projects:

         a.   New residences and residential buildings.

         b.   New commercial, industrial, and institutional buildings.

         c.   Additions to existing commercial, industrial, and institutional buildings.

         d.   Change of commercial, industrial, and institutional use.

         e.   Changes of occupancy load of a commercial, industrial, and institutional use.

         f.   Changes of tenancy of a commercial, industrial, and institutional use.

   I.   Plan Agreements: All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specification without prior submission of a plan modification request to the zoning administrator for review and approval. (Ord. 5, 12-14-2006)

   A.   Purpose: The purpose of a variance is to provide for deviations from the literal provisions of this title in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this title.

   B.   Procedure: An application for variance from the provisions of this title requires a public hearing and is to be processed in accordance with the procedures set forth in subsection 11-3-1C of this chapter.

   C.   Board Of Adjustments And Appeals: The city council shall act as the board of adjustments and appeals.

   D.   Criteria: The board of adjustments and appeals shall not approve any variance request unless they find that failure to grant the variance will result in practical difficulties. The following criteria must also be met:

      1.   That the variance would be consistent with the comprehensive plan.

      2.   That the variance would be in harmony with the general purpose and intent of this title.

      3.   That the purpose of the variance is not based exclusively upon economic considerations.

      4.   That the plight of the landowner is due to circumstances unique to the property not created by the landowner.

      5.   That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located.

      6.   That the property owner proposes to use the property in a reasonable manner not permitted by this title.

      7.   That the requested variance is the minimum action required to eliminate the practical difficulty.

      8.   That the proposed variance does not involve a use that is not allowed within the respective zoning district.

   E.   Practical Difficulties Defined: "Practical difficulties", as used in connection with the granting of a variance, means that:

      1.   The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; and

      2.   The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

      3.   The variance, if granted, will not alter the essential character of the locality.

Economic considerations alone shall not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. (Ord. 97, 6-28-2012)

   A.   Initiation: The city council or planning commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this title. The procedural requirements of this section shall not apply to such proposed amendments except to the extent required by state statute. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this title so as to affect the said real estate.

   B.   Procedure: Application for an amendment of this title (text or map) requires a public hearing and is to be processed in accordance with the procedures set forth in subsection 11-3-1C of this chapter.

   C.   Criteria: The planning commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:

      1.   The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official city comprehensive plan.

      2.   The proposed use is or will be compatible with present and future land uses of the area.

      3.   The proposed use conforms with all performance standards contained in this title.

      4.   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.

      5.   Traffic generation by the proposed use is within capabilities of streets serving the property.

   D.   Effective Date: Approval of an amendment of this title (text or map) shall become effective upon its passage and publication. (Ord. 5, 12-14-2006)

   A.   Purpose And Intent: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. This title establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall be eventually brought into conformity.

   B.   Existing Nonconforming Uses And Structures: Any structure or use existing upon the effective date hereof and which does not conform to the provisions of this title may be continued subject to the following conditions:

      1.   No such use shall be expanded or enlarged except in conformity with the provisions of this title.

      2.   Nothing in this title shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official.

      3.   When any lawful nonconforming use in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

      4.   In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located. If a nonconforming use is interrupted or prevented from operating because of governmental action, such as road construction, that period shall not be deemed as discontinuance of the nonconforming use.

      5.   Any lawful, nonconforming building or structure which has been damaged by fire or other peril to the extent of more than fifty percent (50%) of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged, shall not be restored, except in conformity with the regulations of this title.

      6.   Maintenance of a building or other structure containing or used by a nonconforming use will be allowed when it includes necessary nonstructural repair and incidental alterations which do not extend or intensify the nonconforming building or use.

      7.   Any structure which becomes nonconforming under this title, but for which a building permit has been lawfully granted prior to its effective date, may be completed in accordance with the approved plans, provided construction is started within six (6) months of such effective date, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structure shall thereafter be a legally existing nonconforming structure.

      8.   A lawful, nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

      9.   A nonconforming use of a structure or land shall not be moved to any other part of the parcel upon which it was conducted or located at the time of adoption or amendment to this title unless the movement will reduce the nonconformity.

      10.   Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units. Alteration and normal maintenance to a lawful nonconforming building or structure may be made through the building permit process, provided:

         a.   The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this title.

         b.   The alterations do not increase the building occupancy capacity or parking demand.

         c.   The alterations do not increase the nonconformity of the building or the use. (Ord. 5, 12-14-2006)

   C.   Expansion Of Nonconforming Buildings Or Structures:

      1.   Administrative Approvals: The expansion of lawful, nonconforming buildings may be approved through the administrative permit process by the zoning administrator subject to the provisions of section 11-3-4 of this chapter. The zoning administrator shall make a determination that the building expansion will comply with the intent and purpose of this section and this title.

         a.   Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this title.

         b.   Expansion of nonconforming detached accessory structures shall not be allowed.

         c.   Modifications to multiple-family residential, commercial, industrial and institutional buildings which increase the floor area of buildings, or alter the design of walls by more than twenty five percent (25%), shall be subject to the site and building plan review requirements of section 11-3-6 of this chapter. (Ord. 74, 8-11-2011)

      2.   Conditional Use Permit: Lawful, nonconforming commercial, industrial, institutional, and multiple-family residential principal structures may be expanded on the same lot by conditional use permit, provided:

         a.   The expansion will not increase the nonconformity of the building or site.

         b.   The new building expansion will conform to all the applicable performance standards of this title. A conditional use permit shall not be issued under this section for a deviation from other requirements of this title unless variances are also approved.

         c.   The request for a conditional use permit shall be evaluated based on standards and criteria set forth in section 11-3-2 of this chapter.

   D.   Subdivision Of Existing Lots:

      1.   No parcel of land or portion thereof shall be subdivided if such action results in buildings and/or uses becoming nonconforming.

      2.   A lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the county recorder or registrar of titles on or before the effective date hereof may be used for single-family detached dwelling purposes, provided the area and width thereof are within sixty percent (60%) of the minimum requirements of this title and shall continue to be maintained, and provided it can be demonstrated that safe and adequate sewage treatment systems can be installed to serve such permanent dwelling.

   E.   Relocation Of Nonconforming Buildings And Structures: Subject to section 11-5-8 of this title, no nonconforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed unless such movement shall bring the nonconformance into substantially closer compliance with the requirements of this title. (Ord. 5, 12-14-2006)

   A.   Enforcing Officer: This title shall be administered and enforced by the zoning administrator in accordance with its terms, who shall not permit any construction, use, or change of use that does not conform to this title. The city administrator shall designate the zoning administrator. The zoning administrator may designate such additional persons as may be necessary or convenient to assist in administering and enforcing this chapter.

   B.   Duties Of The Zoning Administrator: The zoning administrator's duties shall include the following:

      1.   Determine that all building permits comply with the terms of this title;

      2.   Conduct inspections of buildings and uses of land to determine compliance with the terms of this title;

      3.   Maintain records of all zoning maps, amendments, conditional uses permits, variances, appeals, and other matters regulated by this title;

      4.   Administer all applications under this title;

      5.   Institute appropriate enforcement proceedings and actions against violators;

      6.   Serve as staff advisor to the planning commission;

      7.   Prepare reports and information for the planning commission and city council, and may attend their meetings and participate in their hearings and discussions, but shall not vote on any item before the planning commission and city council; and

      8.   Perform such other functions as may be necessary to enforce and administer this title.

   C.   In case any building, structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this title, the zoning administrator, in addition to other remedies, may institute in the name of the city, any appropriate action or proceeding to prevent, restrain, correct or abate such building structure or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. (Ord. 215, 5-14-2020)