The City Manager or his/her designee is hereby authorized and directed to enforce all the provisions of this chapter. The City Manager or his/her designee may delegate this authority to any administrative official or support staff member of the City, who shall be directly under the control and supervision of the City Manager or his/her designee. Such staff shall have the following duties:

(1)

To issue all permits required by this chapter.

(2)

To receive, process, and forward all applications for various zoning requests as stipulated in this chapter.

(3)

To cause any building, structure, land use, place, or premises to be reviewed and examined and to report in writing the remedy of any condition found to exist therein in violation of any provision of this chapter.

(Code 1988, § 11.02(1); Ord. No. 583, 12-31-1982; Ord. No. 313, 2nd Series, 10-29-2004)

(a)

The provisions of this chapter shall be interpreted to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity, and general welfare. It is not the intention of this chapter to interfere with, abrogate, or annul any easements between parties; provided, however, that the provisions of this chapter shall govern where it imposes a greater restriction upon the use of a building or premises, the height of a building, the amount of open spaces that are imposed or required by other City Code provisions, rules, regulations, or permits, or by easements, covenants, or agreements.

(b)

For the purposes of this chapter, the following definitions shall be used in the interpretation of the provisions of this chapter. Words used in the present tense shall include the future tense, the singular number shall include the plural, the plural of the singular; the term "person" shall include a firm, association, organization, partnership, trust, company, or corporation; the terms "used" or "occupied" include the terms "intended, designed, or arranged to be used or occupied"; the term "shall" or "will" is mandatory; and the term "may" is permissive. Any other words used and not defined herein shall be construed as having the commonly accepted meaning as defined in a standard dictionary.

(Code 1988, §§ 11.02(1), 11.90(5); Ord. No. 583, 12-31-1982; Ord. No. 585, 1-14-1983)

All fees provided for under this chapter, including, but not limited to, variances, zoning map amendments, Comprehensive Plan amendments, planned unit developments and amendments, conditional use permits, and temporary use permits, shall be fixed and determined by the City Council, adopted by resolution, and uniformly enforced. Such fees may, from time to time, be amended by the City Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk and open to inspection during regular hours. Denial of a permit shall not be grounds for a refund of the application fee.

(Code 1988, § 11.99(3))

(a)

Any nonconformity existing at the time of the adoption of an additional control under this chapter, including the lawful use or occupation of land or premises, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

(1)

The nonconformity or occupancy is discontinued for a period of more than one year

(2)

The nonconforming use creates or constitutes a nuisance; or

(3)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

(b)

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

(c)

Notwithstanding the above, the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility for the National Flood Insurance Program and not increase flood damage potential or the degree of obstruction to flood flows in the floodway.

(Code 1988, § 11.90(2); Ord. No. 365, 2nd Series, 3-23-2007)

State Law reference— Nonconformities, Minn. Stats. § 462.357, subd. 1e.

(a)

Membership. The Board of Zoning Appeals shall consist of four at large members, one non-voting youth member, and one voting member of the Planning Commission. Each member shall have one vote. At large members shall serve three-year staggered terms and the youth member shall serve a one-year term, and the Planning Commission member shall rotate among Planning Commissioners at the discretion of the Planning Commission. The City Council shall appoint all at large members at its last meeting in April, effective May 1, and all youth members at its last meeting in September, effective October 1. The term limits and definitions in City Code, section 2-125 shall also apply to members of the Board of Zoning Appeals.

(b)

Planning Commission Members. All the voting members of the Planning Commission are alternates to the Board of Zoning Appeals. In the absence of any voting member of the Board of Zoning Appeals, any voting member of the Planning Commission may serve as an alternate. At least one voting member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals.

(c)

Duties and Responsibilities. The Board of Zoning Appeals shall meet at least once a month if there are any variance applications pending for action. It is the duty of the Board of Zoning Appeals to evaluate and decide certain requests to the City regarding zoning and the requirements of this chapter. Specifically, it shall:

(1)

Decide appeals where it is alleged that an error has been made in any order, requirement, decision or determination, and/or interpretation made by the City Manager or other City administrative official in enforcement and administration of this chapter.

(2)

Hear requests for variances from the requirements of this chapter, including restrictions placed on nonconformities.

(Code 1988, § 11.90(4); Ord. No. 583, 12-31-1982; Ord. No. 89, 2nd Series, 5-21-1992; Ord. No. 142, 2nd Series, 3-14-1996; Ord. No. 464, 2nd Series, 7-30-2011; Ord. No. 620, 2nd Series, 3-21-2017; Ord. No. 753, § 1, 12-6-2022; Ord. No. 807, § 1, 11-18-2025)

State Law reference— Board of adjustment and appeals, Minn. Stats. § 462.354, subd. 2; appeals and adjustments, Minn. Stats. § 462.354, subd. 6.

(a)

The City Council shall adopt, and may from time to time amend, a municipal Comprehensive Plan pursuant to Minn. Stats. §§ 473.851—473.871. The Comprehensive Plan shall serve as a guide to the City and its public officials for future development and zoning actions.

(b)

Before adopting any such plan or amendment, the City Council shall solicit the recommendations of the Planning Commission.

(c)

The Planning Commission shall hold at least one official public hearing on any plan or proposed amendment before recommending any such plan or amendment or portion thereof. All official public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper.

(d)

The City Council shall take no action on a proposed plan or amendment until it receives the Planning Commission's recommendation, or until 60 days after such plan or proposed amendment has been submitted to the Planning Commission.

(e)

Any action taken at the City Council meeting shall become part of the Comprehensive Plan for the City, provided that a resolution evidencing said action was approved by a two-thirds vote of all of the members of the City Council.

(f)

All eligible applications for Comprehensive Plan amendments must comply with the City's Mixed-Income Housing Policy.

(Code 1988, § 11.90(7); Ord. No. 670, 11-15-1985; Ord. No. 345, 2nd Series, 5-25-2006; Ord. No. 631, 2nd Series, § 10, 3-6-2018; Ord. No. 791, § 4, 12-17-2024)

(a)

No change, modification, or amendment shall be made to the boundary or designation of any zoning district on the zoning map, or to the provisions of this chapter, except after an official public hearing and upon a majority affirmative vote of the City Council. Zoning map or chapter amendments may be initiated by the City Council or by petition of affected persons and owners of property within the City.

(b)

Upon receipt of such a petition, the matter shall be referred to the Planning Commission for review and recommendation.

(c)

The Planning Commission shall hold at least one public hearing on any proposed zoning map or chapter amendment before recommending any such change or amendment. All public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper. For zoning map amendments, copies of the written notice in the form published shall be mailed to all property owners within 500 feet of the subject site not less than 10 days prior to the date of such official public hearing.

(d)

The City Council shall take no action on a proposed amendment until it receives the Planning Commission's recommendation, or until 60 days after such proposal has been submitted to the Planning Commission.

(e)

The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to commercial, light industrial, industrial, or office requires a two-thirds majority affirmative vote of all members of the City Council.

(f)

All eligible applications for zoning map amendments must comply with the City's Mixed-Income Housing Policy.

(Code 1988, § 11.90(3); Ord. No. 271, 2nd Series, 11-15-2002; Ord. No. 631, 2nd Series, § 9, 3-6-2018; Ord. No. 654, § 1, 1-2-2019; Ord. No. 791, § 5, 12-17-2024)

State Law reference— Amendments, Minn. Stats. § 462.457, subds. 3, 4.

(a)

Purpose. The purpose and intent of this section is to regulate uses which may be beneficial in a specific instance to the general welfare of the community, and to provide the City with a reasonable degree of discretion to determine that such uses are not detrimental to the surrounding community, do not adversely affect the general public health, welfare, or safety of the community, and are consistent with the stated purpose of the zoning district in which such uses are located.

(b)

Conditional Use Permit Required. A conditional use permit shall be required for those land uses specifically designated in each zoning district as requiring such a permit.

(c)

Time for Review. Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period.

(d)

Pre-Application Meeting. Before submitting a CUP application, all applicants shall schedule a Pre-Application meeting with City staff, per the requirements in Section 113-34.

(e)

An application for a conditional use permit shall be filed with the Planning Division on a form provided by the City and may be made by any governmental body, department, board, or commission, or by any person, individual or corporate, having a legal interest in the property described in the application. Each legal parcel shall require its own application. Single applications may not be made for noncontiguous or scattered sites. The applicant shall submit a current title commitment, certified abstract of title, or certificate of title with the application.

(f)

The Planning Division shall refer the application to the Planning Commission to hold the official public hearing. Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. The applicant and all property owners within 500 feet of the subject site shall be notified of the official public hearing, not less than 10 days prior to the date of such official public hearing. Such notice shall include the date, time, and place of the hearing and shall identify the subject site.

(g)

The Planning Commission shall make findings and recommendations to the City Council in writing. The findings and recommendations of any proposed conditional use permit request shall be based upon the following general performance standards and criteria, as applicable:

(1)

Consistency with the Comprehensive Plan of the City and Capital Improvement Plan.

(2)

Whether the conditional use will impede the development and improvement of surrounding property for uses permitted in the district. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(3)

Whether the conditional use generates traffic volumes or patters that will unreasonably impact the safety, access, or quality of life of neighboring properties, and the extent to which any adverse impacts are minimized or mitigated. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with this Code.

(4)

Compliance with the City's Mixed-Income Housing Policy (if applicable to the proposed use).

(5)

Whether the conditional use causes any odors, dust, smoke, gas, or vibration and the extent to which any such impacts are minimized or mitigated.

(6)

Whether the conditional use impacts pedestrian travel. If applicable, a pedestrian circulation system shall be clearly defined and appropriate conditions imposed to protect such areas from encroachment by parked or moving vehicles.

(7)

The impact of loading docks and drive-up facilities. Loading docks 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.

(8)

Whether the site drainage system shall, in the opinion of the City Engineer, be constructed in compliance with this Code.

(9)

Whether the appearance causes a blighting influence on surrounding properties. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings so as to cause a blighting influence. Provisions shall be made for an interior location for recycling, compost, and trash area or an outdoor, enclosed receptacle area shall be provided.

(10)

The use and site shall be in compliance with all local, federal and state laws or regulations which are applicable and any related permits are obtained and documented to the City.

(11)

Whether the hours of operation of the use impact surrounding residential uses or districts. The hours of operation may be restricted when there is potential negative impact upon a residential use or district.

(h)

The City Council shall take no action on the application until it receives the Planning Commission's recommendation, or until 60 days after such application has been submitted to the Planning Commission. Upon receiving the findings and recommendations of the Planning Commission, or the elapse of said 60-day period, the City Council shall call and conduct an official public hearing to consider the application.

(j)

The City Council shall make findings and shall grant or deny a permit based upon any or all of the factors above. The City Council may impose conditions in the granting of conditional use permits. A condition must relate to the performance standards indicated in paragraph (f) above, and be directly related and bear a rough proportionality to the impact created by the conditional use.

(g)

The City Council shall make findings in writing indicating its decision for approval or denial, and the applicable conditions and the specific reasons for such decisions. A certified copy of the conditional use permit shall be recorded against the Subject Property with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included.

(h)

No application which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said denial, except on the grounds of new evidence or upon proof of changed conditions. Each resubmission shall constitute a new application and fee shall be required.

(i)

Extensions and Expiration. Unless the City Council specifically approves a different time period, the approval of a conditional use permit shall expire one year from the date it was approved, unless the applicant has commenced the authorized use; or, unless before expiration of the one-year period, the applicant submits a written request for an extension. Such request shall include the following:

(1)

An explanation for why the authorized use has not commenced

(2)

What, if any, good faith efforts have been made to commence the authorized use,

(3)

The anticipated commencement date for the authorized use, and

(4)

The signature of the applicant and property owner.

A request for an extension not exceeding one year shall be reviewed and either approved or denied by the Planning Division. If the applicant requests a second extension or an extension longer than one year, it shall be presented to the City Council for consideration. The City Council may approve or deny the extension request and, if the request is approved, shall specify the expiration date.

In considering whether to approve or deny an extension request, the Planning Division or City Council shall consider the reason for the delay, whether the applicant has submitted an application for a building permit and whether construction of any improvements has commenced. A memo indicating the expired status of the conditional use permit shall be provided in writing to the permit holder and evidence of the termination will be recorded in the county records.

If the approved conditional use should cease for a period of more than 12 consecutive months, the conditional use permit shall be deemed to have expired.

(j)

Amendments. Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new conditional use permit as set forth in this section. Amendments shall fall into the following two categories:

(1)

Major Conditional Use Permit Amendments. Any significant changes, as determined by the Planning Division, shall be considered a major amendment. These include, but are not limited to: use, hours of operation, number of employees, expansion of structures and/or premises, additional signage, and changes to parking, loading and drive-throughs. The requirements for application and approval of major conditional use permit amendments shall be the same as the requirements for original application and approval.

(2)

Minor Conditional Use Permit Amendments. Amendments not meeting the definition of a major amendment as defined in paragraph (j)(1) above, shall be considered minor and processed administratively. Such approval shall be in the form of an approval letter signed by the Planning Division and kept on file at City Hall.

(3)

Any change to an existing conditional use permit, including increasing intensity of use, that is now identified as restricted may be processed via Administrative Zoning Permit. These Administrative Zoning Permits, once approved, shall be recorded against the Subject Property.

(k)

Revocations. The Planning Commission may recommend, and the City Council shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of such permit have been violated or broken or is in violation of this Chapter, City Codes, or any other applicable regulations. The Planning Division shall notify the Conditional Use Permit holder and initiate revocation to the City Council. All such action by the City Council to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City Council Members. The Planning Division shall provide the applicant and property owner a copy of the proceedings and findings of the City Council. The revocation shall be recorded against the Subject Property.

(Code 1988, § 11.80; Ord. No. 540, 5-7-1981; Ord. No. 573, 8-27-1982; Ord. No. 256, 2nd Series, 8-16-2001; Ord. No. 273, 2nd Series, 11-15-2002; Ord. No. 631, 2nd Series, § 8, 3-6-2018; Ord. No. 791, § 6, 12-17-2024; Ord. No. 809, § 2, 11-18-2025)

(a)

Purpose and Intent. The purpose and intent of this section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact on neighboring land uses.

(b)

Permitted Temporary Uses.

(1)

Temporary retail and produce sales.

(2)

Temporary outdoor dining areas.

(c)

Application.

(1)

Application Requirements. Applicants must submit all requests for Temporary Use Permits to the Planning Division on an official application form at least 15 working days before starting the temporary use. The applicant must submit, with the permit application, written proof from the property owner at the permitted location authorizing the applicant to conduct temporary retail sales on the site. The applicant must also provide written certification from the property owner that all other tenants of the building or site in which the sales will occur have received notification of the temporary use.

(2)

Procedure. Upon receipt of a complete application, the Planning Division shall review the application and related materials to determine whether the use complies with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this section.

a.

The Planning Division shall consider possible adverse effects of the proposed events or activity and shall approve or deny the application based upon the following evaluation criteria:

i.

Whether the proposal complies with and affects the Comprehensive Plan and complies with applicable Zoning District regulations.

ii.

Whether establishing, maintaining, or operating the use, event, or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, or welfare.

iii.

Whether the use, event, or activity will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

iv.

Whether adequate public facilities and services exist or the applicant can reasonably provide facilities and services to accommodate the use, event, or activity which is proposed.

v.

Whether the use, event or activity conforms in all other respects to the applicable regulations of the district where it will occur.

vi.

Whether the proposal meets any and all other specific conditions in any other applicable sections of City Code or state law.

b.

If the Planning Division determines that the proposal complies with all applicable evaluation criteria, codes, ordinances, and standards of this section, they shall issue a written Temporary Use Permit to the applicant. The written permit shall indicate the permitted days and location of operation and shall list any conditions applicable to the use. If Planning Division determines that the proposal does not comply with all applicable evaluation criteria, codes, ordinances, and standards of this section, they shall issue a written denial indicating the specific reasons for the denial.

(d)

Requirements.

(1)

Temporary Retail and Produce Sales. The Planning Division may grant a Temporary Use Permit for temporary retail and produce sales in non-residential and mixed-use districts subject to the following:

1.

Sales shall not exceed 6 months in any one calendar year contingent upon Planning Division's approval. Not more than one such event or sale shall be allowed per property at any given time.

2.

Sales shall be incidental to the principal use.

3.

Sales shall include only the retail sales contemplated by the permitted and restricted uses in the Commercial Zoning District, conditional uses do not qualify.

4.

Vendors may conduct sales activities within a yard provided the area is paved and the activity does not interfere with parking, traffic circulation, or emergency vehicle access.

5.

Vendors may use tents, stands, and other similar temporary structures, provided they are clearly identified on the submitted plan and provided that the Planning Division determines that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. All temporary structures must also meet the requirements of the Fire Code, as determined by the Fire Chief or their designee and applicants shall obtain any additional permits for any such structures under City Code or state law.

6.

The Planning Division may impose reasonable conditions based on findings from the criteria of Section 113-31(c)(2)a.

(2)

Temporary Outdoor Dining Areas. The Planning Division may grant a temporary use permit for a temporary outdoor dining area subject to the following:

1.

Outdoor dining areas are allowed only in zoning districts where they qualify as a permitted use.

2.

The initial term of a temporary use permit for an outdoor dining area shall not exceed one year. Upon application for an extension of the same use on the same site, succeeding outdoor service area permits may be approved for up to two years if all requirements of this section are met and all previous conditions of approval have been satisfied regardless of whether the use was continuous or interrupted.

3.

Physical improvements associated with the outdoor dining area shall be temporary in nature. At the conclusion of the approved permit period, and if no further extensions are approved, the applicant shall remove all improvements and return the site restored to its former condition.

4.

The Planning Division may impose reasonable conditions based on findings from the criteria of Section 113-31(c)(2)a.

(e)

Conditions. The Planning Division may impose conditions in the granting of a Temporary Use Permit. Conditions must relate to the requirements in paragraph (e) below or the performance standards set forth in paragraph (2)(a) and be directly related and bear a rough proportionality to the impact created by the temporary use. The following standard conditions shall apply to all temporary uses:

(1)

The applicant shall provide and remove trash, recycling, and compost receptacles for customer use. The applicant shall keep the permitted location free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The applicant bears responsibility for all litter and garbage left by customers.

(2)

The Planning Division may determine hours of operation; standard hours of operation shall be 8:00 am to 10:00 pm for any temporary use. The Planning Division may reduce these hours to lessen any negative impacts of the temporary use.

(3)

If the proposed sales hours extend after dark, the approval must include a lighting plan that demonstrates the use will operate with sufficient light to minimize any potential hazards or distractions to patrons and surrounding uses.

(4)

The permit shall set forth the location where the vendor may operate and it shall be a violation of this section for any vendor to engage in vending operations in any location in the City other than the location set forth in the permit.

(5)

The vendor shall keep a copy of the permit with the vending unit and demonstrate compliance with the permit and its conditions upon inspection.

(Code 1988, §§ 11.04, 11.78; Ord. No. 127, 2nd Series, 4-27-1995; Ord. No. 272, 2nd Series, 10-15-2002; Ord. No. 562, 2nd Series, 7-30-2015; Ord. No. 601, 2nd Series, 6-7-2016; Ord. No. 610, 2nd Series, 8-25-2016; Ord. No. 622, 2nd Series, § 1, 6-20-2017; Ord. No. 732, §§ 2, 3, 3-15-2022; Ord. No. 734, §§ 2, 3, 3-15-2022; Ord. No. 739, §§ 1—11, 6-7-2022; Ord. No. 754, § 1, 12-20-2022; Ord. No. 806, § 1, 11-5-2025)

(a)

Purpose. The purpose of this Section is to provide for deviations from the requirements of this Chapter, including restrictions placed on non-conformities. Pursuant to Minnesota Statutes 15.99, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, City staff may extend the 60-day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60-day period.

(b)

Review Criteria. Variances shall only be permitted when all the following criteria, when applicable, are met:

(1)

The variance, and its resulting construction or project, is in harmony with the general purposes and intent of this chapter and consistent with the Comprehensive Plan.

(2)

An applicant establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means:

a.

The property owner proposes to use the property in a reasonable manner not permitted by this chapter; and

b.

The plight of the property owner is due to circumstances unique to the property not created by the property owner; and

c.

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

(3)

The variance request is not based exclusively on economic considerations.

(4)

The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, or endanger the public safety.

(5)

Notwithstanding the foregoing, variances shall be granted for: earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, and for inadequate access to direct sunlight for solar energy systems, when in harmony with this chapter.

(6)

No variance may be granted for any use that is not allowed under this chapter for property in the zone where the affected property is located. (7) Where the City, County, or the State creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subsection shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this subsection shall be interpreted to lessen the requirement for a traffic management plan contained in this chapter.

(c)

Procedures.

(1)

Appeals to the Board of Zoning Appeals may be taken by an affected person by filing a variance application with the City. Such applications shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such applications must be received by the Planning Division no later than 15 working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals.

(2)

The Board of Zoning Appeals shall give at least 10 days' written notice of the time, place, and nature of the public meeting to the applicant and all property owners within 500 feet of the subject site. Any party may appear at such meeting, whether in person or by agent or attorney.

(3)

The Board of Zoning Appeals shall make its order with respect to said appeal within 60 days of submission of the application. The Board of Zoning Appeals may impose conditions in the granting of variances. A condition must be directly related and bear a rough proportionality to the impact created by the variance.

(4)

Within 10 calendar days of the final order of the Board of Zoning Appeals, any applicant feeling aggrieved by the decision of the Board of Zoning Appeals may file a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the City Council. The City Council shall, within 30 calendar days from the date of such appeal, make its findings and determination with respect to the appeal and produce a written report thereof upon the appellant. If no appeal is taken by the applicant from the decision of the Board of Zoning Appeals in the manner provided above, then the decision of the Board of Zoning Appeals shall be final.

(5)

In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse one year after the order granting the variance is approved, unless construction has commenced or a valid building permit for the work described in the variance has been issued and work is proceeding in an orderly way within said one-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the order granting the variance. The City Council, in its sole discretion, may grant an extension of up to one additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new application for a variance if such modification adversely affects any aspect of the plans directly involved in the consideration and approval of the earlier variance application.

(6)

A variance shall be effective only to the extent of the exact circumstances contained in the approval. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new variance application. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new variance application if the official records of the Board of Zoning Appeals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier variance.

(Code 1988, § 11.48; Ord. No. 397, 2nd Series, 6-6-2008; Ord. No. 791, § 7, 12-17-2024; Ord. No. 807, § 2, 11-18-2025)

(a)

The City shall review the division or combination of tax parcels by the County in order to ensure that structural nonconformities are not created as a result of the division or combination.

(b)

A request to divide or combine tax parcels must be approved by the City prior to the addition or removal of a property ID by the County.

(c)

A request for approval of a tax parcel division or combination shall be accompanied by the submission of a property survey in order to demonstrate conformance with this chapter. Upon finding that all City requirements have been met, the City Manager or his/her designee shall grant approval for the tax parcel division or combination, as established and defined by the County.

(d)

Once approved, the City shall notify by mail all property owners within 250 feet of the subject site.

(Ord. No. 620, 2nd Series, § 1, 3-21-2017; Ord. No. 622, 2nd Series, § 2, 6-20-2017)

(a)

Reserved.

(b)

Purpose. The purpose of the preapplication conference or meeting shall be to acquaint the applicant with the substantive and procedural requirements of the Golden Valley City Code and applicable elements of the comprehensive plan, arrange such technical and design assistance as will aid the applicant, and to otherwise identify policies and regulations associated with the proposed Development.

(c)

A preapplication conference or meeting shall be required for planning applications, including all Site Plan applications submitted in accordance with Section 113-32.

(1)

Only one preapplication conference or meeting shall be required for all project permit applications related to the same project, though an applicant may elect to arrange multiple conferences or meetings in relationship to a given project.

(2)

A preapplication conference or meeting shall precede the submittal of any project permit application.

(3)

Conferences are scheduled ahead of time for a specific date and time. The applicant provides a project narrative and any questions in advance to allow City staff time to prepare and invite the necessary attendees.

(4)

Meetings can be held in-person or virtually and are less formal than conferences. They are often conducted in a casual setting and can sometimes be unplanned at the front counter, if the applicant is ready to apply.

(5)

The community development director or designee may waive, in writing, the requirement for the conference or meeting for proposals that are determined not to be of a size and complexity to require the detailed analysis of a preapplication conference, or as otherwise determined not appropriate for such review.

(d)

It is impossible for the conference or meeting to be an exhaustive review of all potential issues. Neither the discussion nor the information form given to the applicant shall not bind or prohibit the city's future application or enforcement of the applicable law, rather, is intended to offer the applicant guidance in preparing a development proposal for submittal.

(e)

Preapplication Conference or Meeting Submittal Requirements.

(1)

To initiate a preapplication conference or meeting, an applicant shall submit a completed form provided by the city and all information pertaining to the proposal as prescribed by the Community Development Department's respective Application(s) and Checklist(s).

(2)

Failure to provide pertinent information regarding the request may prevent the city from identifying all applicable issues or providing the most effective preapplication conference or meeting.

(Ord. No. 791, § 8, 12-17-2024)

(a)

The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by Administrative Zoning Permit, and of matters requiring the approval of the Planning Division with the goal of protecting the health, safety, and welfare of the residents of the City.

(b)

Applicability. Any use identified as requiring an Administrative Zoning Permit within any section of this Chapter 113.

(c)

Procedure.

(1)

Applications for Administrative Zoning Permits, as provided within this Chapter, shall be filed with the Planning Division on an official application form.

(2)

The application shall be accompanied by the applicable fee as set forth in the City's Fee Schedule.

(3)

The Planning Division 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 Chapter.

(4)

The Planning Division shall consider possible adverse effects of the proposed events, use, or activity. Judgment and additional conditions of approval shall be based upon (but not limited to) the following factors:

a.

Compliance with and effect upon the Comprehensive Plan and applicable Zoning District regulations.

b.

The establishment, maintenance or operation of the use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, or welfare.

c.

The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

d.

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

e.

Whether the use conforms to the applicable standards outlined in the zoning district in which such use, event, or activity is proposed.

(5)

The Planning Division 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. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60-day time limit by a time period not to exceed sixty (60) additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60-day period.

(6)

If the application is approved, the Planning Division shall issue a written permit to the applicant. The permit may include specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter, and all such conditions shall be listed in the permit.

(7)

An applicant may appeal an Administrative Zoning Permit revocation to the City Manager. The City Manager shall, within 30 days from the date of such appeal, make their findings and determination with respect to the appeal and provide a written response to the applicant.

(Ord. No. 805, § 1, 10-21-2025)