The city planner, designated by the city administrator as the zoning officer shall:

   (A)   Administer and enforce the provisions of this title.

   (B)   Upon application, establish and advertise public hearings.

   (C)   Maintain a permanent file of all applications as public record.

   (D)   Maintain an updated zoning map. (Ord. 003-496, 7-7-2003)

An application for a certificate of occupancy shall be accompanied by a plot plan showing the location, dimension and such other information as is required by the building official, together with a fee as determined annually by the city council. A certificate of occupancy shall be obtained before any person may:

   (A)   Occupy or use any vacant land; or

   (B)   Occupy or use any structure hereafter constructed, reconstructed, moved, altered or enlarged; or

   (C)   Change the use of a structure or land to a different use; or

   (D)   Change a nonconforming use. (Ord. 002-469, 2-19-2002)

The planning commission shall act as the zoning board of adjustment with identical composition, membership, officers and terms of office, with the following duties:

   (A)   Hear, review and authorize variances from the requirements of this title and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this title.

   (B)   Hear and review all applications for conditional use permits provided for within this title and grant approval based upon the criteria and provisions listed.

   (C)   Hear and review all applications to change lawful nonconforming uses.

An appeal from a ruling of the zoning officer may be taken by the property owner or agent within thirty (30) days after the order utilizing the following procedure:

   (A)   The property owner or agent shall file with the zoning officer a notice of appeal stating the specific grounds upon which the appeal is made.

   (B)   The zoning officer shall transmit the appeal to the board of adjustment for study and recommendation at its next regular meeting.

   (C)   The board of adjustment shall make its decision within sixty (60) days and a copy of the motion shall be mailed to the applicant by the zoning officer. (Ord. 002-469, 2-19-2002)

Conditional uses, as specified within each zoning district, may be allowed or denied by the board of adjustment in accordance with the criteria and provisions listed herein. The board of adjustment may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditions of use to protect neighboring properties, and to achieve the objectives elsewhere in this title.

   (A)   Applications for conditional uses shall be filed with the zoning officer and shall be accompanied by:

      1.   An application fee in an amount equal to that set by the city council.

      2.   Six (6) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the zoning officer may require.

      3.   The zoning officer, at his discretion, may require a topographic map of the site and reduced copies of all required material suitable for mailing.

      4.   An abstractor's certificate of property owner(s) name(s) and address(es) within three hundred fifty feet (350') of the outer boundaries of the property in question.

      5.   When the applicant is requesting a conditional use under section 10-6-14 of this title, an abstractor's certificate of property owner(s) name(s) and address(es) within a distance of the outer boundaries of the property in question as set by the city council after review of the height of the proposed antenna, the proximity of residential development and any other factors as determined by the city council.

   (B)   The zoning officer shall set a public hearing and forward copies of the application to the board of adjustment. The zoning officer shall also be responsible for notifying the city council when an applicant applies for a conditional use under section 10-6-14 of this title. The city council shall determine the proper distance for notice as determined under section 10-6-14 of this title. The zoning officer shall also be responsible for mailing a notice to property owners within three hundred fifty feet (350') or that distance set by the city council for television and radio antenna of the subject property. Failure of such owners to receive notice shall not invalidate the proceedings.

      1.   The board of adjustment must take action within sixty (60) days unless the petitioner agrees in writing to a time extension and it may attach such conditions to the approval of any conditional use as may be necessary.

      2.   The approved site plan and all attached conditions shall be filed by the petitioner with the zoning officer within thirty (30) days of final approval. Any development contrary to the approved plan shall constitute a violation of this title.

   (C)   A conditional use shall be approved if it is found to meet the following criteria:

      1.   The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title.

      2.   The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below.

      3.   The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties.

      4.   The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.

      5.   The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.

      6.   The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan.

   (D)   All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this title, the board of adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant.

      1.   Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

      2.   No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

      3.   Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement.

      4.   Vibrations detectable without instruments on neighboring property in any district shall be prohibited.

      5.   No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.

      6.   No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property.

      7.   Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted.

      8.   No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

      9.   Water pollution shall be subject to the standards established by the Minnesota pollution control agency.

      10.   Applications for conditional uses in the floodplain districts shall be accompanied by reports from the city engineer on the following material as supplied by the applicant:

            (a)    Site plans indicating existing and proposed structures, fill, material storage, floodproofing measures and their relationship to the stream channels.

            (b)    Typical valley cross sections through the site, indicating the elevation of land areas adjoining each side of the channel, landform changes proposed on the site together with high water information.

            (c)    Soils maps, topographic maps at a two foot (2') contour interval, vegetative cover plus the location and elevation of streets, water supply and sanitary facilities.

            (d)    Profile showing the slope of the bottom of the stream channel.

            (e)    Specifications for building construction and materials, floodproofing, filling, dredging, grading channel improvement, material storage, water supply and sanitary facilities.

            (f)    Plans showing the floor protection measures to be taken in accordance with this section.

            (g)    An analysis of the above information by a registered professional engineer which includes the following:

               (1)    An estimate of the peak discharge of the regional flood.

               (2)    The water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas.

               (3)    The effect of the proposed encroachment on the stage and velocity during the regional flood event.

   (E)   Prior to the approval and issuance of a permit, there shall be executed by the applicant and submitted to the zoning officer, an agreement to construct required improvements, to dedicate property or easements, if any, to the city and to comply with conditions as may have been established by the board of adjustment. Such agreement shall be accompanied by surety acceptable to the city administrator in the amount of the established costs of complying with the agreement. The aforesaid agreement and surety shall be provided to guarantee completion and compliance with the conditions set forth in the permit within the time to be approved by the board of adjustment. The amount of the surety may be increased or decreased by the zoning officer to reflect inflation, changed conditions, or compliance with permit conditions.

The board of adjustment shall have the power to hear requests for variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes and the board of adjustment finds that there are practical difficulties in complying with the official control. The board of adjustment may impose conditions in granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

"Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control, the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality.

Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems and variances shall be granted for earth sheltered construction as defined in state law when in harmony with this code.

   (A)   The following exhibits shall be required with a variance application unless waived by the zoning officer:

      1.   A boundary survey or an area survey including the property in question and up to three hundred feet (300') beyond showing: topography, utilities, lot boundaries, buildings, easements and soil test data if pertinent.

      2.   A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service.

   (B)   Procedure for obtaining a variance from the regulations of this title are as follows:

      1.   The property owner or agent shall file with the zoning officer an application form together with required exhibits plus a filing fee in an amount established annually by the city council.

      2.   The zoning officer shall set a public hearing, transmit the application directly to the board of adjustment and mail a notice to property owners adjacent to the subject property disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings.

      3.   The board of adjustment shall, within sixty (60) days of submittal of all required exhibits, approve, deny or approve under conditions accepted by the applicant.

   (C)   The board of adjustment shall not approve any variance request unless they find that "practical difficulties" as previously defined exist using the following criteria:

      1.   Because the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties. Economic consideration alone does not constitute practical difficulties.

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

      3.   That the variance would be in harmony with the general purposes and intent of this title.

      4.   The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification.

      5.   The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land.

      6.   The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values.

      7.   The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety.

      8.   The requested variance is the minimum action required to eliminate the practical difficulties.

      9.   Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one- family dwelling as a two-family dwelling may be authorized by variance.

   (D)   Upon appeal of a decision by the board of adjustment, the zoning officer shall set a public hearing, transmit the application directly to the city council, and mail a notice to the board of adjustment and property owners adjacent to the subject property disregarding public rights of way. The city council shall, within sixty (60) days of the public hearing, decide to affirm or overturn the decision of the board of adjustment with a four-fifths (4/5) vote of the city council. (Ord. 011-642, 12-19-2011)

   (A)   Permission And Conditions: The city council, after receiving a recommendation from the planning commission, may grant permission and set conditions for an interim use of property if:

      1.   The use conforms to the zoning regulations, performance standards and other requirements;

      2.   The use meets the standards of a conditional use permit set forth in section 10-3-5 of this chapter;

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

      4.   The use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

      5.   The use will be subjected to, by agreement with the owner, any conditions that the city has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and an interim structure upon the expiration of the interim use permit.

   (B)   Termination: An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first:

      1.   The date stated in the permit; or

      2.   A violation of conditions under which the permit was issued; or

      3.   A change in the city's zoning regulations which renders the use nonconforming as provided in section 10-4-2 of this title; or

      4.   Redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning districts.

   (C)   Procedure: Uses defined as "interim uses" shall be processed according to the standards and procedures for zoning amendments as provided for in section 10-3-12 of this chapter.

The board of adjustment may authorize a permit to move structures into or within the city in accordance with the criteria and provisions listed herein:

   (A)   Applications will be filed with the zoning officer who shall set a public hearing, transmit the application directly to the board of adjustment and mail a notice to property owners adjacent to the subject property, disregarding public rights of way. Failure of such owners to receive notice shall not invalidate the proceedings. The application shall consist of:

      1.   An application fee in an amount equal to that set by the city council.

      2.   Six (6) copies of a site plan and supporting data which show the size, proposed location of the structure and topography of the site.

      3.   A list of the streets on, over or through which said structure will be moved.

      4.   Photographs showing front, rear and side views of the structure.

   (B)   Upon a filing of an application, the zoning officer shall cause the building inspector to investigate the building and report to him the results of the investigation together with recommended action thereon.

   (C)   No permit shall be issued to move any building or structure which, in the opinion of the zoning officer:

      1.   Is constructed or in such condition as to be dangerous.

      2.   Is infested with pests or is unsanitary.

      3.   Is unfit for human habitation.

      4.   Is so dilapidated, defective, unsightly or in such disrepair that its relocation at the proposed site would cause appreciable harm to the property or improvements in the neighborhood.

   (D)   The board of adjustment may authorize the move of a structure based upon the evaluation of the following:

      1.   The age of the structure shall be similar to the age of the structures in the immediate neighborhood.

      2.   The value of the structure shall equal or exceed the value of the structures in the immediate neighborhood.

      3.   The architecture of the proposed structure shall produce a visual impression which is consistent with the architecture of the immediate neighborhood.

      4.   The exterior of the structure shall be completed, upgraded and landscaped within a time frame established by the board of adjustment, but in no case shall exceed ninety (90) days.

      5.   There shall not be any storage of structures on any property, public or private.

      6.   The board of adjustment may attach other conditions as they deem necessary which preserve the spirit and intent of this title.

   (E)   Before a building permit can be issued, an applicant shall deliver surety acceptable to the zoning officer in an amount equal to the cost of the work to be done as estimated by the city building official. In the event the work is not completed within six (6) months of issuing the permit, the letter of credit shall be claimed, giving the city the option of completing the work or demolishing the structure to clear, clean and restore the site, unless an extension is granted by the city council. In the event that the moving of any building causes damage to the public streets or other public property, in addition to any other remedies the city may have, the zoning officer may require the damage to be repaired with the cost to be deducted from the letter of credit. (Ord. 002-469, 2-19-2002)

The board shall have the power to hear and decide appeals from any order, requirement, decision, grant or refusal made by the zoning officer in the administration of this zoning title. The fee to be charged for any appeal or proceeding filed with the board shall be such as is determined by proper action of the city council. (Ord. 002-469, 2-19-2002)

A party may appeal a decision of the zoning board of adjustment when issues of fact, procedure or other finding made by the board are in dispute. Appeals must be filed with the city within ten (10) days of the final decision of the board of adjustment. Building permits shall not be issued after an appeal has been filed with the planning department. If permits have been issued before an appeal has been filed, then the permits are suspended and construction and/or usage shall cease until the city council has made a final determination of the appeal. The city council shall conduct a hearing within sixty (60) days after the receipt by city staff of the appeal from an action by the board of adjustment. As provided in subsection 10-3-7(C) of this chapter, notice of the hearing shall be mailed to property owners adjacent to the subject property disregarding public rights of way. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. A fee to be established by resolution of the city council shall be paid by the appellant at the time the notice of appeal is filed. (Ord. 002-469, 2-19-2002)

If within one year from the date of granting a conditional use or variance, upon recommendation of the zoning officer, substantial progress has not been made to implement its purpose, the board of adjustment shall declare the conditional use or variance null and void.

The board of adjustment shall have the power to authorize changes of lawful nonconforming uses as follows:

   (A)   A nonconforming use which occupies a portion of a structure may be extended within such structure as it existed when this zoning title was enacted but not in violation of the area and yard requirements of the zoning district.

   (B)   A new nonconforming use may be created in an existing structure to replace a lawful nonconforming use, provided that the owner agrees in writing that:

      1.   The proposed nonconforming use will entail no structural changes or additions other than those required for purposes of safety, health and aesthetics.

      2.   The proposed use will be limited by all provisions of the section of this title regulating nonconforming uses. (Ord. 002-469, 2-19-2002)

   (A)   Procedure; Filing: This title may be amended whenever the public necessity and convenience and the general welfare require such amendment.

      1.   Proceedings for amendment of this title shall be initiated by:

            (a)    A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed;

            (b)    A recommendation of the planning commission; or

            (c)    By action of the city council.

      2.   To defray administrative costs of processing requests for an amendment to this title, a fee, as established by the city council, shall be paid by the petitioner.

      3.   All applications for changes in the boundaries of any zoning district which are initiated by the petition of the owner or owners of the property, the zoning of which is proposed to be changed, shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within three hundred fifty feet (350') of the boundaries of the property proposed to be rezoned, together with an abstractor's certificate of property owner(s) name(s) and address(es) within three hundred fifty feet (350') of the outer boundaries of the property in question.

      4.   Before any amendment is adopted, the planning commission shall hold at least one public hearing thereon, after a notice of the hearing has been published in the official newspaper at least ten (10) days before the hearing, and, in the case of district boundary amendments, after a notice has been mailed to property owners within three hundred fifty feet (350') of the subject property. Failure of such owners to receive notice shall not invalidate the proceedings. Following the hearing, the planning commission shall report its findings and recommendations on the proposed amendment to the city council. If no recommendation is transmitted by the planning commission within sixty (60) days after the hearing, the city council may take action without awaiting such recommendation.

      5.   Upon filing of such report, the city council may hold such public hearings upon the amendment. After the conclusion of the hearings, if any, the city council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be approved in accordance with the voting requirements of MSA section 462.357, subdivision 2. The city council shall act upon the application within sixty (60) days after receiving the recommendation of the planning commission.

      6.   The council may, by resolution, deny a proposed amendment and include the findings and reasons for denial in the resolution. The findings shall outline the ways in which the proposed use fails to meet the standards and intent of this title and is otherwise injurious to the public health, safety and welfare.

   (B)   Amendments Adopted: See section 10-5-26 of this title. (Ord. 002-469, 2-19-2002)

Any violation of this title may be enjoined by the city council through proper legal channels and any person who violates this title shall be guilty of a misdemeanor and upon conviction thereof be punished to the maximum as provided by law. Each day a violation is permitted to exist shall constitute a separate offense. (Ord. 002-469, 2-19-2002)

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 city council, 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. 002-469, 2-19-2002)

FA192   10-04.TXT