A.   Designation: The City Council shall designate a Zoning Administrator to administer the Zoning Ordinance. The Zoning Administer may be assisted by other persons, as authorized by the City Council.

   B.   Responsibilities: The Zoning Administrator shall have the following responsibilities related to the administration of the Zoning Ordinance:

      1.   Maintain permanent and current records of all associated maps, amendments, conditional uses, interim uses, variances, and appeals;

      2.   Maintain a record of all conditional use, interim use, and variance applications, all nonconforming uses, and all notices of violation, discontinuance, or removal in order to ensure compliance with the provisions of the Zoning Ordinance and, on request, provide such information for public inspection;

      3.   Forward any application for appeal of any administrative order or final decision made in the administration of the Zoning Ordinance, to the Board of Adjustment;

      4.   Receive and process any application for an amendment, conditional use, and interim use, and forward it to the Planning Commission for its recommendation to the City Council;

      5.   Receive and process any application for a variance and forward it to the Board of Adjustment;

      6.   Make a determination of compliance with the Zoning Ordinance on all applications for a building permit and a certificate of occupancy;

      7.   Authorize minor adjustments to approved development site plans;

      8.   Render interpretations of the provisions of the Zoning Ordinance; and

      9.   Enforce the Zoning Ordinance. (Ord. 156, 6-13-2020)

   A.   Members And Terms: The Planning Commission shall consist of five (5) members appointed by the City Council. At least one (1) of the members shall be an appointed member of the City Council. Members of the Planning Commission shall serve in such capacity without compensation of any manner. Appointments to the Planning Commission shall be made annually by the City Council, with the term commencing on February 1 in the year of appointment. Members of the Planning Commission may be removed at any time by a majority vote of the City Council.

   B.   Quorum And Voting: A quorum of the Planning Commission shall consist of three-fifths (3/5) members of the regular membership. A quorum must exist before the Planning Commission can take any official action on behalf of the City. All actions of the Planning Commission require a majority vote by a quorum of the Planning Commission, unless otherwise set forth in this title. A member of the Planning Commission shall be excused from voting on a particular issue if it has been determined that the member would have a conflict of interest or would be violating any codes of ethics.

   C.   Responsibilities: The Planning Commission shall have the following responsibilities related to the administration of the Zoning Ordinance:

      1.   Hear and make recommendations to the City Council regarding all applications for a conditional use permit;

      2.   Hear and make recommendations to the City Council regarding all applications for an interim use permit;

      3.   Hear and make recommendations to the City Council regarding all applications for an amendment to the Zoning Ordinance;

      4.   Review and prepare recommendations on any proposed change to the City's planning policies and plans, including the Zoning Ordinance and Comprehensive Plan;

      5.   Review the Zoning Ordinance from time to time and make recommendations to the City Council for such changes to the Zoning Ordinance as the Planning Commission may deem appropriate; and

      6.   Hear and make recommendations on any other matter referred to it by the City Council.

   D.   Records: The City shall keep files, records, and notices of all meetings; which shall be available for public inspection.

   E.   Chairperson: The Planning Commission shall elect a chairperson from among its appointed members for the term of one (1) year, starting in February.

   F.   Meetings: The Planning Commission shall hold at least one (1) regular meeting each month. (Ord. 156, 6-13-2020)

   A.   Members: The members of the Planning Commission shall serve as the Board of Adjustment.

   B.   Quorum And Voting: A quorum of the Board of Adjustment shall consist of three-fifths (3/5) members of the regular membership. A quorum must exist before the Board of Adjustment can take any official action on behalf of the City. All actions of the Board of Adjustment require a majority vote by a quorum of the Board of Adjustment, unless otherwise set forth in this title. A member of the Board of Adjustment shall be excused from voting on a particular issue if it has been determined that the member would have a conflict of interest or would be violating any codes of ethics.

   C.   Responsibilities: The Board of Adjustment shall have the following responsibilities related to the administration of the Zoning Ordinance:

      1.   Hear and decide applications for appeal of any administrative order or final decision made in the administration of the Zoning Ordinance;

      2.   Approve, approve with conditions, or deny variance requests;

      3.   Maintain a record of its proceedings, including the minutes of the meetings, its findings, and the action taken on each matter heard by it. The record shall be maintained by the City; and

      4.   The Board of Adjustment shall have any such other powers given to it by State law.

   D.   Records: The City shall keep files, records, and notices of all meetings; which shall be available for public inspection.

   E.   Chairperson: The chairperson of the Planning Commission shall serve as the chairperson of the Board of Adjustment.

   F.   Meetings: The Board of Adjustment shall meet as needed, based on the availability of agenda items. (Ord. 156, 6-13-2020)

   A.   Responsibilities: The City Council shall have the following responsibilities related to the administration of the Zoning Ordinance:

      1.   Designate a Zoning Administrator;

      2.   Hold public hearings;

      3.   Approve, approve with conditions, or deny applications for a conditional use permit;

      4.   Approve, approve with conditions, or deny applications for an interim use permit;

      5.   Approve or deny applications for an amendment to the Zoning Ordinance; and

      6.   Take such other actions not delegated to other bodies that may be desirable and necessary to implement the provisions of the Zoning Ordinance.

   B.   Records: The City shall keep files, records, and notices of all meetings; which shall be available for public inspection. (Ord. 156, 6-13-2020)

   A.   Building Permit Required: An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the Minnesota State Building Code; or cause any such work to be done, shall first make application to the building official and obtain the required permit.

   B.   Zoning Administrator Review: The Zoning Administrator shall have the authority to review all building permit applications and related plans in order to determine compliance with the Zoning Ordinance. No building permit shall be issued without the Zoning Administrator's certification that the plans conform to the Zoning Ordinance.

   C.   Site Plan: All applications for building permits shall be accompanied by a site plan containing the following information, unless determined to be not applicable by the Zoning Administrator:

      1.   General Information:

         a.   The applicant's name, address, telephone number, and interest in the property;

         b.   The owner's name, address, and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;

         c.   The street address and legal description of the property;

         d.   The zoning classification, zoning district boundaries, and present use of the property; and

         e.   The proposed title of the project, and the names, addresses, and telephone numbers of the architect, landscape architect, planner, or engineer on the project.

      2.   Preliminary Development Drawing:

         a.   The location, dimensions, and total area of the site;

         b.   The location, dimensions, floor area, type of construction, and use of each proposed building or structure;

         c.   Floor plan showing specific uses within the building;

         d.   The number, the size and type of dwelling units in each building, and the overall dwelling unit density;

         e.   The proposed treatment of open spaces and the exterior surfaces of all structures, with sketches of proposed landscaping and structures, including typical elevations;

         f.   The number, location, and dimensions of parking spaces and loading docks, with means of ingress and egress;

         g.   The proposed traffic circulation pattern within the area of the development, including the location and description of public improvements to be installed, including any streets and access easements;

         h.   The location and purpose of any existing or proposed dedication or easement;

         i.   The general drainage plan for the development tract;

         j.   The location and dimensions of adjacent properties, abutting public right-of-ways and easements, and utilities serving the site;

         k.   Significant topographical or physical features of the site, including existing trees;

         l.   Wetland delineations for all wetlands present on the site; and

         m.   The location and proposed treatment of any historical structure or other historical design element or feature.

   D.   Construction And Use Pursuant To Approved Permits/Plans: Building permits issued on the basis of applications and plans approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved applications and plans. Use, arrangement, or construction which is inconsistent with the approved building permit shall be a violation of this title. (Ord. 156, 6-13-2020)

   A.   Purpose: The purpose of a conditional use permit is to provide a discretionary approval process for proposed uses which have unique or widely varying operating characteristics. The procedure is intended to ensure that proposed conditional uses will not have a significant adverse impact on surrounding uses or on the health, safety, and general welfare of the community.

   B.   Initiating A Request: Any person owning property, or having documented interest therein, may initiate a request for a conditional use permit for that property in conformance with the provisions of this title. The property owner or designated representative shall complete the required application for a conditional use permit, which may be obtained from the Zoning Administrator. The Planning Commission may, upon their own motion, initiate a conditional use permit request in accordance with the provisions of this title.

   C.   Filing An Application: The application shall be filed with the Zoning Administrator who shall refer the application, together with comments, thereon to the Planning Commission. Such application shall be accompanied by a fee, as established by a City Council resolution. The City, after receipt and review of the application, may request additional information from the applicant which it deems necessary for a proper review by the Planning Commission. The request for a conditional use permit shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.

   D.   Public Hearing: Upon receipt of an application for a conditional use permit, the Zoning Administrator shall set the time and date for a public hearing. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of zoning amendments involving changes in zoning district boundaries affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice, shall not invalidate any such proceedings as set forth within this title, provided a bona fide attempt has been made to comply with the notice requirements of this title.

   E.   Consideration Of Request: Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting.

   Unless an extension is granted, the City Council must take action on the application within sixty (60) days from the date an application is received and deemed complete by the City. An application for a conditional use permit may be granted by a majority vote of the City Council.

   F.   Standards: The Planning Commission shall only recommend the granting of the conditional use permit, granting the conditional use permit subject to conditions, or denying the conditional use permit based on written findings of fact with regard to each of the standards set forth below and, where applicable, any special standards for specific uses set forth in the provisions of a specific zoning district.

      1.   It is a conditional use listed for the particular zoning district;

      2.   It is in keeping with the planning policies of the City and this title, as amended from time to time;

      3.   It does not interfere with or diminish the use of property in the immediate vicinity;

      4.   It can be adequately served by public facilities and services;

      5.   It does not cause undue traffic congestion;

      6.   It preserves significant historical and architectural resources;

      7.   It preserves significant natural and environmental features;

      8.   It will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood, and the effect of the proposed type of conditional use upon the City as a whole;

      9.   It complies with all other applicable regulations of the zoning district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the granting of a variance; and

      10.   It will not jeopardize the health, safety, and/or general welfare of the public.

   G.   Conditions Of Conditional Uses: The City Council, upon recommendation of the Planning Commission, may impose such conditions and limitations concerning the use, construction, character, location, landscaping, screening, parking, and other matters relating to the purpose and objectives of this section upon the premises benefitted by a conditional use. In addition, the City Council may require a performance guarantee to be submitted to the City in order to ensure compliance with the terms of approval.

   The conditions and limitations of approval may be more restrictive than standards outlined in this section, but shall not be less restrictive. Such conditions and limitations may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the proposed property or on public facilities. Such conditions shall be expressly set forth in the resolution granting the conditional use permit. Violation of any such condition or limitation shall be a violation of this section and shall constitute grounds for revocation of the conditional use permit.

   H.   No Presumption Of Approval: The listing of a conditional use within each zoning district does not constitute an assurance or presumption that such conditional use will be approved. Rather, each proposed conditional use shall be evaluated on an individual basis in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

   I.   Effect Of Approval: The approval of a proposed conditional use by the City Council shall not authorize the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for such permits or approvals as may be required by the regulation of the City, including, but not limited to, a building permit and a certificate of occupancy.

   J.   Cancellation, Termination, Or Expiration: Where applicable, unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit within one hundred eighty (180) days from the date of its issuance.

   K.   Appeal: Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statute may be from time to time amended, supplemented, or replaced. (Ord. 156, 6-13-2020)

   A.   Purpose: The purpose of an interim use permit is to allow a temporary use that is not designated as a permitted or conditional use, but is acceptable for a limited period of time, subject to certain conditions. The City Council may approve an interim use of property, as defined and authorized by Minnesota Statutes, section 462.3597.

   B.   Initiating A Request: Any person owning property, or having documented interest therein, may initiate a request for an interim use permit for that property in conformance with the provisions of this title. The property owner or designated representative shall complete the required application for an interim use permit, which may be obtained from the Zoning Administrator.

   The Planning Commission may, upon their own motion, initiate an interim use permit request in accordance with the provisions of this title.

   C.   Filing An Application: The application shall be filed with the Zoning Administrator who shall refer the application, together with comments, thereon to the Planning Commission. Such application shall be accompanied by a fee, as established by a City Council resolution. The City, after receipt and review of the application, may request additional information from the applicant which it deems necessary for a proper review by the Planning Commission. The request for an interim use permit shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.

   D.   Public Hearing: Upon receipt of an application for an interim use permit, the Zoning Administrator shall set the time and date for a public hearing. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of zoning amendments involving changes in zoning district boundaries affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice, shall not invalidate any such proceedings as set forth within this title, provided a bona fide attempt has been made to comply with the notice requirements of this title.

   E.   Consideration Of Request: Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting.

   Unless an extension is granted, the City Council must take action on the application within sixty (60) days from the date an application is received and deemed complete by the City. An application for an interim use permit may be granted by a majority vote of the City Council.

   F.   Standards: The Planning Commission shall only recommend the granting of the interim use permit, granting the interim use permit subject to conditions, or denying the interim use permit based on written findings of fact with regard to each of the standards set forth below and, where applicable, any special standards for specific uses set forth in the provisions of a specific zoning district.

      1.   The proposed use meets all applicable zoning regulations;

      2.   The proposed use will terminate upon a date or event that can be identified with certainty;

      3.   The use will not adversely impact nearby properties through nuisance noise, traffic, dust, or unsightliness, and will not otherwise impact the health, safety, and general welfare of the community;

      4.   The proposed 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 proposed use will be subjected to, by agreement with the property owner, any conditions that the City Council deems appropriate for permission of the proposed interim use.

   G.   Conditions Of Approval: In permitting a new interim use permit or amending an existing interim use permit, the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this section, additional conditions which the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

      1.   Increasing the required lot size or yard dimension;

      2.   Limiting the height, size, or location of buildings;

      3.   Controlling the location and number of vehicle access points;

      4.   Increasing the number of required off-street parking spaces;

      5.   Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;

      6.   Designation of open space;

      7.   An approved performance bond or letter of credit to ensure the restoration of the site and surrounding area after termination of the use; and

      8.   Annual review and inspection, if deemed appropriate by the City Council.

      Any change involving structural alterations, enlargement, intensification of use, or similar changes not specifically permitted by the interim use permit shall require an amended interim use permit and all procedures shall apply as if a new permit were being issued. The Zoning Administrator shall maintain a record of all interim use permits, including information on the use, location, and conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate.

   H.   No Presumption Of Approval: The listing of an interim use within each zoning district does not constitute an assurance or presumption that such interim use will be approved. Rather, each proposed interim use shall be evaluated on an individual basis in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

   I.   Effect Of Approval: The approval of a proposed interim use by the City Council shall not authorize the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for such permits or approvals as may be required by the regulation of the City, including, but not limited to, a building permit and a certificate of occupancy.

   J.   Termination: An approved interim use permit shall terminate upon the occurrence of any of the following events:

      1.   The termination date or termination event specified in the interim use permit;

      2.   Any violation of the conditions under which the interim use was approved;

      3.   A change in this title which would render the interim use non-conforming;

      4.   The interim use has been discontinued for at least one (1) year; or

      5.   Where applicable, unless otherwise specified by the City Council at the time it is authorized, an interim use permit shall expire if the applicant fails to utilize such interim use permit within one hundred eighty (180) days from the date of its issuance.

   K.   Appeal: Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, chapter 462 as such statute may be from time to time amended, supplemented, or replaced. (Ord. 156, 6-13-2020)

   A.   Purpose: The regulations, restrictions, and zoning districts in this title may, from time to time, be amended, supplemented, changed, modified, or repealed; provided that no action be taken until after a public hearing in relation thereto, at which parties with interest and citizens shall have an opportunity to be heard. These changes may be to the text, Official Zoning Map, or any other component of this title.

   B.   Initiating A Request: The Planning Commission may, upon their own motion, initiate a zoning amendment request in accordance with the provisions of this title. Any person owning property, or having documented interest therein, may initiate a request for a zoning amendment for that property in conformance with the provisions of this title. The property owner or designated representative shall complete the required application for a zoning amendment, which may be obtained from the Zoning Administrator.

   C.   Filing An Application: The application shall be filed with the Zoning Administrator who shall refer the application, together with comments, thereon to the Planning Commission. Such application shall be accompanied by a fee, as established by a City Council resolution. The Zoning Administrator, after receipt and review of the application, may request additional information from the applicant which is deemed necessary for a proper review by the Planning Commission. The request for a zoning amendment shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.

   D.   Public Hearing: Upon receipt of an application for a zoning amendment, the Zoning Administrator shall set the time and date for a public hearing. Notice of said hearing shall consist of a legal property description and/or a summary description of the request, and be published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of zoning amendments involving changes in zoning district boundaries affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice, shall not invalidate any such proceedings as set forth within this title, provided a bona fide attempt has been made to comply with the notice requirements of this title.

   E.   Consideration Of Request: Providing the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting.

   Unless an extension is granted, the City Council must take action on the zoning amendment request within sixty (60) days from the date an application is received and deemed complete by the City. Approval of a proposed amendment shall require a majority vote of the City Council, with the exception of any Official Zoning Map amendment from a residential zoning district to either a commercial or industrial zoning district, which shall require a four-fifths (4/5) vote of the City Council.

   F.   Effective Date: The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in a newspaper of general circulation.

   G.   Appeals: Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, chapter 462 as such statute may be from time to time amended, supplemented, or replaced. (Ord. 156, 6-13-2020)

   A.   Purpose: The variance process is intended to provide limited relief from the requirements of this title in those circumstances where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this title. It is not intended that variances be granted for the establishment or expansion of a use within a zoning district where it is not permitted.

   B.   Initiating A Request: Any person owning property, or having documented interest therein, may initiate a request for a variance for that property in conformance with the provisions of this title. The property owner or designated representative shall complete the required application for a variance, which may be obtained from the Zoning Administrator.

   C.   Filing An Application: The property owner or designated representative shall complete the required application for a variance, which may be obtained from the Zoning Administrator. Such application shall be accompanied by a fee, as established by a City Council resolution. The application for a variance shall be filed with the Zoning Administrator. The Zoning Administrator, after review of the application, shall have the authority to request additional information from the applicant which is deemed necessary for a proper review by the Board of Adjustment. The request for a variance shall be placed on the agenda of the Board of Adjustment to occur no later than sixty (60) days from the date of submission.

   Variance requests for the same property, of similar intent, shall not be heard within one hundred eighty (180) days of a previous request, unless it can be demonstrated to the Zoning Administrator that the conditions for the variance have changed.

   D.   Public Hearing: Upon receipt of an application for a variance, the Zoning Administrator shall set the time and date for the public hearing. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten (10) days prior to the hearing. In the case of variances affecting an area of five (5) acres or less, a written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property to which the variance relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice, shall not invalidate any such proceedings as set forth within this title, provided a bona fide attempt has been made to comply with the notice requirements of this title.

   E.   Consideration Of Request By Board Of Adjustment: Unless an extension is granted, the Board of Adjustment shall make findings of fact and shall decide whether to approve, conditionally approve, or deny the request for variance within sixty (60) days from the date an application is received and deemed complete by the City.

   A variance to this title shall not be granted unless approved by a majority of the members of the Board of Adjustment. A variance from any provision within this title shall not be granted unless the Board of Adjustment makes findings, based upon competent material and substantial evidence, that the request complies with the following factors that must be satisfied in constituting an undue hardship:

      1.   The property cannot be put to a reasonable use if used under conditions allowed by this title;

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

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

   F.   Conditions Of Approval: In authorizing a variance, the Board of Adjustment may, in addition to the specific conditions of approval called for in this title, attach such other conditions regarding the location, character, landscaping, or treatment reasonably necessary to further the intent and spirit of this title and the protection of the public interest.

   G.   Cancellation, Termination, Or Expiration: Unless otherwise specified by the Board of Adjustment at the time it is authorized, a variance shall expire if the applicant fails to utilize such variance within one hundred eighty (180) days from the date of its issuance.

   H.   Appeals: To appeal a decision of the Board of Adjustment, a written notice of appeal must be filed with the City within forty-five (45) days of the decision of the Board of Adjustment. Appeals to the City Council and appeals from the City Council's decision shall be in accordance with the procedures for appeals from the Board of Adjustment set forth in this title.

   Any person, taxpayer, department, board, or bureau of the City aggrieved by the decision of the City Council shall have the right to seek review within forty-five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, chapter 462 as such statute may be from time to time amended, supplemented, or replaced. (Ord. 156, 6-13-2020)

   A.   Purpose: It shall be deemed nonconforming when, within the zoning districts established by this title or amendments that may later be adopted, there exists lots, structures, and uses of land which were lawful before this title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this title or future amendments. This title permits these nonconformities to continue until they are removed, modified/altered (other than repair, replacement, restoration, maintenance, or improvement activities), or otherwise discontinued. Such uses are declared by this title to be incompatible with permitted uses in the zoning districts involved. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses not permitted in the zoning district in which it is located; consistent with Minnesota Statute. Furthermore, this title does not recognize and/or allow expansion of a nonconforming use by ordinance, pursuant to discretion authorized to municipalities within Minnesota Statutes, section 462.357, subdivision 1e.

   Nothing herein contained shall require any change in plans, construction, or designated use of a building or structure for which a building permit has been issued to prior to the effective date of this title, provided, however, that the entire building shall be completed according to such plans as filed within one hundred eighty (180) days from the date of issuance of said permit.

   B.   Nonconforming Lots: Subdivided lots of record in existence prior to the date of this title, which do not meet the minimum width, area, and/or frontage requirements of this title, shall be considered legally nonconforming and developable lots, provided all other regulations of this title are satisfied and an approved public access is provided to the lot. If two (2) or more nonconforming lots are contiguous and under single ownership at the time of the enactment of this title, then such lots shall be combined for the purposes of development in order to satisfy the requirements of this title.

   C.   Nonconforming Structures: Where a lawful structure exists at the effective date of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, elevation, or other characteristics of the structure, or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   General Provisions:

         a.   No such structure may be enlarged, expanded, or otherwise altered in a way that increases its nonconformity, noninclusive of repair, replacement, restoration, maintenance, or improvement activities, as allowed under Minnesota Statutes, section 462.357, subdivision 1e.

         b.   Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its estimated market value at time of destruction, and no building permit has been applied for within one hundred eighty (180) days of when the property was damaged, the municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on the adjacent property or water body.

         c.   Should such structure be moved for any reason, for any distance, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

         d.   When a nonconforming use is discontinued or abandoned for twelve (12) months, the nonconforming use shall not be resumed, unless otherwise authorized under this title.

         e.   Nothing in this title shall be deemed to prevent the strengthening or restoration of a structure to a safe condition. Any structure or component thereof declared unsafe by any official charged with protecting the public's safety, shall be addressed by the owner in a timely manner.

   D.   Nonconforming Uses Of Land: Where, at the effective date of adoption or amendment of this title, lawful use of land exists that is made no longer permissible under the terms of this title, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

      1.   General Provisions:

         a.   No such nonconforming use shall be enlarged or extended to occupy a greater area of land than was occupied at the effective date of this title.

         b.   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel.

         c.   If any such nonconforming use of land ceases for any reason for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this title for the zoning district in which such land is located. (Ord. 156, 6-13-2020)

   A.   Applicability: An appeal shall only be applicable to an interpretation of legislative intent of provisions of this title. Opinions and evaluations, as it pertains to the impact or result of a request, are not subject to the appeal procedure.

   B.   Proceedings: The Board of Adjustment may adopt rules necessary to the conduct and processing of appeals, while maintaining consistency with the provisions of this title. Meetings shall be scheduled as determined necessary by the Zoning Administrator or Chairperson and shall be duly coordinated with the Board of Adjustment's agendas, as applicable.

   C.   Filing An Appeal: Appeals forwarded to the Board of Adjustment concerning interpretation or administration of this title must be filed with the City by the property owner or their agent within forty-five (45) days of the rendered decision.

   Any appeal filed shall be comprehensive and include all matters subject to question. Such appeals must be filed with the Zoning Administrator and shall specifically identify the framework of the appeal, including Code citations, as applicable. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. Subsequent appeals filed by the same person which are intended to cause unjustifiable delay shall not be accepted by the City.

   D.   Specific Responsibilities: It is the intent of this title that all questions or interpretation and enforcement shall be first presented to the Zoning Administrator and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board of Adjustment shall be forwarded to the City Council and, if necessary, to the courts, as provided by law and particularly by Minnesota Statutes, chapter 462. (Ord. 156, 6-13-2020)

The City Council shall establish, by resolution, a schedule of fees, charges, and expenses, and a collection procedure for applications for building permits, conditional use permits, interim use permits, amendments, variances, appeals, and other matters pertaining to the Zoning Ordinance. The schedule of fees shall be available at the office of the Zoning Administrator. In addition, the applicant shall be responsible for any fees associated with the recording of any permits with the County. It shall be the responsibility of the Zoning Administrator to record any permit with the County. (Ord. 156, 6-13-2020)

Any person who violates this title or fails to comply with any of its requirements after written notice by the Zoning Administrator, allowing reasonable time to comply, shall be subject in accordance with the provisions of Minnesota Statutes, sections 412.231 and 609.034 to a fine not to exceed one thousand dollars ($1,000.00) or ninety (90) days in jail, or both. Each act of violation and every day upon which a violation continues or occurs constitutes a separate offense and may be prosecuted as such. Said penalty provisions shall be automatically amended, supplemented, or replaced by any amendment, supplement, or replacement to the penalty provisions of Minnesota Statutes, sections 412.231 and 609.034.

The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided of the provisions of this title.

Nothing herein contained shall prevent the City from taking such other lawful action, as is necessary, to prevent or remedy any violation or penalize the violator. (Ord. 156, 6-13-2020)