Goodview City Zoning Code

ADMINISTRATION

§ 154.080 SUPERVISOR OF ZONING.

(A) Generally. A Supervisor of Zoning designated by the City Council shall administer and enforce this chapter. If he or she finds a violation of the provisions of this chapter, he or she shall notify the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.

(B) Supervisor’s regulations. The Supervisor of Zoning is hereby directed and authorized to establish the procedures and regulation as he or she may require to ensure compliance in accordance with the approved use permit and conditional use permit.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.081 USE PERMIT REQUIRED.

It shall be unlawful for any person, partnership, corporation or other organization to construct, alter, demolish, add to, enlarge, move or remodel, within the city without first obtaining a use permit for each building, structure or parcel of land from the Supervisor of Zoning of the city.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979) Penalty, see § 154.999

§ 154.082 APPLICATION FOR USE PERMIT.

Application for a use permit shall be made to the Supervisor of Zoning on forms furnished by him or her and shall include the following as requested by him or her: building plans drawn to scale, site plans, elevations and any other information as may be requested, and a fee in accordance with the following: each $160.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.083 SUSPENSION, REVOCATION, REINSTATEMENT OF USE PERMIT.

(A) After approval and issuance of a use permit by the Supervisor of Zoning, the Supervisor or the City Council may suspend or revoke any construction, alteration, demolition, addition, enlarging, moving, remodeling or change of use of any building, structure or land on the basis of failure to comply with the approved plans, arrangements, construction or use, or may suspend or revoke the same for violation of any provision of this chapter or any other ordinance of the city.

(B) No person shall continue the use as permitted after revocation or suspension until a three-fifths majority vote of the City Council in favor thereof has been passed upon.

§ 154.084 BOARD OF APPEAL.

(A) A Board of Appeal is hereby established and shall consist of the members of the Citizens Advisory Zoning Board. The Board shall function in an advisory capacity to the City Council. The Board shall hear appeals from decisions of the Supervisor of Zoning, from applications for conditional use permits and from application for variances.

(B) (1) Hearings. Upon filing with the Board of Appeal an appeal in writing, the Board shall fix a time for a hearing and give due notice to the parties of interest all not more than 30 days from the date of filing of the application.

(2) Decisions. The Board shall arrive at a decision on the appeal not more than 30 days from the date the hearing is conducted. In passing upon an appeal the Board may, so long as the action is in conformity with the provisions of this chapter reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and it shall make its recommendation to the City Council in writing setting forth the findings of fact and the reasons for its recommendations.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.085 CONDITIONAL USE PERMITS.

(A) Any use listed in this chapter as requiring a special permit or any use not listed may be allowed only upon application to the Supervisor of Zoning on forms furnished by him or her and issuance of a conditional use permit by the City Council.

(B) The Council may require the applicant to furnish building plans drawn to scale, site plan, elevations of the proposed and existing structures and land and any other information as may be requested to assist the Council in making a decision.

(C) The Council shall act on an application at a regular or special meeting within 30 days from receiving the application, except where additional information is required pursuant to this section and has not been presented, the Council shall render a written decision within 30 days from the receipt of the additional information.

(D) The Council will use the following criteria in reviewing each conditional use application.

(1) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.

(2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in that area.

(3) Adequate utilities, access, drainage and other necessary facilities have been or are being provided.

(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

(5) Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration such that none of these will constitute a nuisance, and to control lighted signs and other lights in a manner that no disturbance to neighboring properties will result.

(6) The use is in harmony with the general intent and purposes of this chapter.

(E) No conditional use shall be granted unless the request is approved by a three-fifths majority vote in favor thereof by the City Council.

(F) Upon consideration of an application for a conditional use permit, the information presented therewith, and the purposes of this chapter, the Council may attach such conditions to the granting of conditional use permits as it deems necessary to further the purposes of this chapter.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.086 VARIANCES.

(A) Any restriction or provision of this chapter may be varied only upon application to the Supervisor of Zoning on forms furnished by him or her and issuance of a variance by the City Council.

(B) The Council may require the applicant to furnish building plans drawn to scale, plot plan, elevations of the proposed and existing structures and land and any other information as may be requested to assist the Council in making its decision.

(C) The Council shall act on an application at a regular or special meeting within 30 days from receiving the application, except where additional information is required pursuant to division (B) above and has not been presented, the Council shall render a written decision within 30 days from the receipt of the additional information.

(D) (1) The Council shall evaluate a request for a variance based on the following criteria:

(a) The property will not yield a reasonable return if used in compliance with this chapter;

(b) The conditions causing the hardship are unique and are not shared by adjacent properties in the same zone; and places cruel and unusual hardship upon the owner;

(d) The granting of the variance will not be in conflict with the Comprehensive Plan.

(2) The burden of proof of these conditions rests with the applicant. The applicant shall address himself or herself to these criteria when presenting his or her statement to the Council.

(E) No variance shall be granted unless the request is approved by a three-fifths majority vote in favor thereof of the City Council.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.087 CERTIFICATE OF OCCUPANCY.

After final inspection by the Supervisor of Zoning of a project issued a use permit pursuant to the provisions of this chapter and the determination by him or her that the project has complied with the provisions of this chapter, the Supervisor of Zoning shall issue a certificate of occupancy.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.088 AMENDMENTS.

(A) Change of any section or boundary of a district. No change in any section or part thereof of this chapter or in any boundary lines of any district shall, be made except after the following procedure:

(1) A notice of a public hearing stating the time and place of the hearing and the proposed change to be made is published in the official newspaper of the city not less than ten days before the hearing is to take place;

(2) If the proposed change in the boundary lines of any district or a change in the use of land copies of the published notice of the public hearing must be mailed to each property owner abutting the area proposed to be changed and to property owners whose property, in whole or in part lies within 350 feet of the outer boundary lines of the area proposed to be changed. Failure of any property owner to receive any notice shall not be construed to affect, in any way, the outcome of any hearing; and

(3) At the time and place fixed in the public notice, the City Council shall hear all objections and recommendations thereto. A change in any section of this chapter or part thereof or in any boundary of any district, shall be approved only by a three-fifths majority vote of the City Council and shall take effect and be in full force after its passage and publication in the official newspaper of the city.

(B) Rezoning fee. Whenever a request for a change, which must be submitted in writing is filed requiring a public hearing under the provisions of division (A) above, for a change in the boundary lines or the use of land, the request shall be accompanied by a non-refundable fee of $160. The fee shall be reimbursement to the city for costs incurred in consideration of the request, however, where it appears that costs will be incurred exceeding $50, the City Council may impose a fee in an amount sufficient to reimburse the city for the additional costs incurred in consideration of the request.

(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)

§ 154.089 OPT-OUT OF M.S. § 462.3593.

Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.

(Ord. 2016-02, passed 9-12-2016)

§ 154.999 PENALTY.

(A) It shall be the duty of the Supervisor of Zoning to enforce this chapter and it is the intent to empower the Supervisor of Zoning to administer the chapter in conjunction with the administration of his or her duties assigned herein.

(B) For any and every violation of the provisions of this chapter or of the rules and regulations adopted thereunder, the owner, general agent or contractor of a building or premises in which part the violation has been committed or shall exist; and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in the violations shall exist, shall be liable to the same legal procedure and the same penalties as are prescribed in any law, statute or ordinance for violations, and for the violations the same legal remedies shall be had, and the violators prosecuted in the same manner as prescribed in any law or ordinance in the city.