1. The provisions of this article shall be administered and enforced by the zoning administrator who shall be appointed by the city administrator and city council or the zoning administrator's designated representative.
2. The zoning administrator shall have the following duties and responsibilities:
   1. Determine that all building permits comply with the terms of this article.
   2. Conduct inspections of buildings and use of land to determine compliance with the terms of this article.
   3. Maintain permanent and current records of this article, including, but not limited to, all maps, amendments, and conditional uses, variances, appeals and applications therefore.
   4. Receive, file and forward all applications for appeals, variances, conditional uses and other matters to the designated official bodies.
   5. Initiate in the name of the city any appropriate actions or proceedings against a violator as provided by law.
   6. When an interpretation question arises about literal provisions of this article, or whether a specific land use fits within a given "use" category, the interpretation shall be made by the board of adjustment. When a question arises as to whether a land use district's boundaries are properly delineated on the official zoning map, this decision shall be made by the city council.
3. The zoning administrator and/or chief of police shall inspect each alleged violation and order correction of all conditions found to be in violation of this article.

(Code 1978, § 23.4(A)—(C); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

Cross reference— Officers and employees, § 2-61 et seq.

1. Applications for variances. The owner of land may file a signed application with the zoning administrator on forms provided by the city. The application shall be accompanied by plans drawn to scale and illustrations which accurately reflect existing conditions and the improvements to be made if the variance is granted.
2. Appeals. A person may appeal a decision made by the zoning administrator or other administrative offices by filing a written appeal within 30 days of the decision of such officer.
3. Hearing and mailed notices. The zoning administrator shall cause to be published, a notice of public hearing before the board of zoning appeals in the official newspaper not less than ten days prior to the hearing date. Notices shall also be mailed to all owners of property within 200 feet of the parcel included in the request not less than ten days prior to the hearing.
4. Board decisions. Within 60 days after receipt of the application, the planning commission shall conduct a public hearing and decide on the variance or appeal. If the planning commission grants the variance, the planning commission may impose such conditions as it deems necessary to ensure compliance with the intent of this article.
5. Findings for variances.
   1. The board shall not grant a petition for a variance unless it determines that the strict enforcement of this article would cause undue hardship because of circumstances unique to the individual property under consideration and that the granting of such variance will be in keeping with the spirit and intent of this article. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to their property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this article. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Under no circumstances shall a variance be granted where prohibited by state law.
   2. Flexibility for commercial site redevelopment: legal class II non-conforming uses in the business and industrial zones may be eligible for variance(s) from parking lot setbacks; bufferyard requirements; number, location and width of street accesses; location of dumpsters; curb and gutter requirements; and the location of signs. In order to qualify for flexibility under section 30-453(e)(2), the Board must make findings based on the following general guidelines and considerations:
      1. Parking Lot Setbacks: For a variance from parking lot setbacks, it must be demonstrated that:
         1. Setbacks can not be met and still provide a parking lot that meets required dimensions; or
         2. Providing setbacks and landscaping would reduce available parking;
         3. The resulting width of landscape areas (including setback and right-of-way) is not adequate to support vegetation.
      2. Curb cuts: In order to maintain a number of curb cuts greater than allowed by section 30-596(b), it must be demonstrated that eliminating driveway approaches would make it impossible or impractical to access parking or loading zones.
      3. Backing into a street: On sites where parking lots have historically been used in such a manner as to permit cars to back into a street, this situation must be eliminated unless all of the following conditions are met:
         1. The site would not allow development of a parking lot meeting setbacks, and qualifies under section 30-453(e)(2)a. (above).
         2. The parking in question would be backing into a street classified as a "local" street, with an average daily traffic (ADT) of 1,000 vehicles or less.
         3. The depth of the parking stalls shall be a minimum of 22 feet, but not more than 25 feet, and shall not encroach on any sidewalks.
         4. The parking can be situated no closer than 50 feet from any street intersection, and no closer than ten feet from any other driveway.
      4. Sign placement: Sign setbacks may be reduced if it can be demonstrated that locating the sign to meet setbacks would cause it to reduce the amount of parking where there is less than the required amount of parking, or place the sign in a drive lane. In granting variances for sign setbacks, the Board shall impose the following conditions:
         1. The total square footage and number of signs on the site be reduced, if necessary, to comply with section 30-679.
         2. No signs shall be located closer to an intersection than allowed by section 30-553.
         3. The sign shall have a minimum ground clearance of ten feet if overhanging a parking lot. Otherwise, the ground clearance shall be a minimum of eight feet.
      5. It must be demonstrated that flexibility in meeting site development standards will not result in congestion or traffic hazards, or impede pedestrian traffic.
      6. The board shall require site development compliance in all locations on the property and adjacent street/alley right-of-way, where possible, in keeping with the spirit and intent of the zoning ordinance.
   3. ADA improvements: Variations from building setbacks may be permitted where necessary to allow existing buildings to comply with the Americans With Disabilities Act (ADA) accessibility requirements.
6. Appeals of board's decisions. Any person who deems himself aggrieved by the board's decision including, but not limited to, the petitioner, an affected property owner or an administrative officer of the city, may appeal the decision of the board to the district court within 15 days after the decision by the board.
7. City council public hearing. Following the prescribed notice procedures in subsection (c) of this section, the city council shall decide the appeals upon the record and findings of the board of zoning appeals within 60 days after the appeal date, unless the city council's decision is continued for a period not to exceed 45 days. The city council may affirm the decision of the board of zoning appeals, reverse the decision, or remand the matter back to the board of zoning appeals for additional findings. If the action of the council results in the variance being granted, the council may impose such conditions as it deems necessary to ensure compliance with the intent of this article.
8. Resubmission. No application which has been denied by the board or city council, on appeal, shall be resubmitted for a period of one year from the date of denial.
9. Lapse and extension. If, within one year after the date the variance was granted, a building permit was not obtained, the variance shall become null and void.
10. Additional steps. Additional steps necessary for issuing a variance in the shoreland zones are as follows:
    1. The board of adjustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (j)(3)b. of this section shall also include the planning commission's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
    2. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system.
    3. Notifications to the department of natural resources.
       1. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions or plats must include copies of the subdivision or plat.
       2. A copy of approved amendments and subdivisions or plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

(Code 1978, § 23.4(D); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2006; Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Authority.
   1. Zoning code amendments. The city council upon the recommendation of the city planning commission shall have the authority to amend this ordinance by a majority of vote of the city council.
   2. Rezonings. The city council upon the recommendation of the city planning commission shall have authority to amend the zoning map by a majority vote of the city council. The adoption or amendment of any portion of a zoning ordinance which changes all or part of a zoning district from residential to commercial or industrial requires a two-thirds majority vote of the city council.
2. Initiation. The city council or the planning commission may, upon their own motion, initiate a request to amend the text or the zoning map of this article. Any person, firm or corporation owning real estate in the city may initiate a request for that real estate to amend the district boundaries or the text of this article. Any person, firm or corporation having an interest in real estate in the city may, with the property owner's consent, initiate a request to amend the district boundaries or text of this article. No application for an amendment which has been denied wholly or in part shall be resubmitted for a period of one year from the date of such denial except on the grounds of new evidence or a change in conditions.
3. Referral to the planning commission. Except where initiated by the planning commission, any proposed change shall be submitted to the planning commission and its recommendation shall be submitted to the city council within 60 days after the date of application. If no recommendation is transmitted by the planning commission within 60 days as prescribed, the city council may take action without further awaiting such recommendation.
4. Notice and hearing. The city council upon receiving the recommendation of the planning commission, or after 60 days from the submission thereof to the planning commission without a recommendation, shall review the application, and if a majority of the city council are in favor, set a public hearing. Notice of a regular or special meeting, at which a public hearing will be held shall be given by publication at least once in the official newspaper, not less than ten days prior to such hearing, stating the time and place. Notice shall also be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days prior to the meeting. Failure to give such notice or defects or errors in the notice shall not invalidate the proceedings, provided a good faith attempt to comply with notice requirements was made. The City Council shall approve or deny the application within 60 days of the date of the application being deemed complete or by procedures outlined in Minnesota Statutes Section 15.99 as amended.
5. Site plan review required for rezoning from residential to commercial districts when adjacent to existing R-1 or R-2 districts. When property is rezoned from a residential district to a commercial district and is adjacent to existing R-1 and R-2 districts, the application shall be accompanied by a site plan as stipulated by Section 30-456. The site plan shall emphasize additional screening and buffering of conflicting land uses in the areas directly adjacent residential uses. The screening and buffering requirements are beyond what is required by section 30-512 and section 30-594.

(Code 1978, § 23.4(E); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

State Law reference— Variances, Minn. Stat. § 462.357, subd. 6.

1. A permit is required for the construction of buildings or building additions, including such related activities as construction of decks and signs, the installation and/or alteration of sewage treatment systems, parking lots, fences and other miscellaneous site improvements, and those grading and filling activities not exempted by section 30-455. Application for a permit shall be made to the zoning administrator on the forms provided, with the exception of sewage treatment systems which are regulated and permitted by Itasca County. The application shall include the necessary information so that the zoning administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
2. The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a permit as provided in this section. This certificate will specify that the use of land conforms to the requirements of this article. Any use, arrangement, or construction that varies from that authorized by permit shall be deemed a violation of this article and shall be punishable as provided in section 30-451.

(Code 1978, § 23.3(B)(12); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. The requirements of this section shall apply to all uses, structures, or properties constructed, extended, enlarged, moved, or altered
2. Any application for a building permit which will change the footprint of a structure or modify a site, with the exception of properties zoned RR, SRR, R1, SR-1, R-1a, SR-1a, R-2 or SR-2, shall be accompanied by four copies of a site plan showing the following information:
   1. Legal description, property lines, setback lines, and property dimensions.
   2. A topographic survey of the property with a contour interval of not greater than two feet, showing existing and proposed grades.
   3. The location of all of the following:
      1. Principal and accessory buildings.
      2. Easements or rights-of-way for utility or service lines.
      3. Access drives, parking, and loading areas, with stalls clearly delineated.
      4. Sidewalks and pedestrian ways.
      5. Required screens, fences, or required buffers.
      6. Proposed/required landscaping.
      7. Signs, with information about height and size.
      8. Nearest existing or proposed fire hydrant.
      9. Streets adjacent to site. Indicate curbline in relation to properly line.
   4. Specifications for all improvements including, but not limited to, underground utilities, pavement, sidewalks, curb/gutter, and driveway aprons.
   5. Property owners and applicants name and address.
   6. Preparer's name and address, and date prepared.
   7. The location of any significant trees as defined by Section 30-595.
3. Any application for a building permit on properties zoned RR, SRR, R-1, SR-1, R-1a, SR-1a, R-2 or SR-2, which will change the footprint of a structure or modify a site, shall be accompanied by four copies of a site plan showing the following information:
   1. Legal description, property lines, setback lines, and property dimensions.
   2. A topographic survey of the property with a contour interval of not greater than two feet, showing existing and proposed grades.
   3. The location of all of the following:
      1. Principal and accessory buildings.
      2. Easements or rights-of-way for utility or service lines.
      3. Driveways.
      4. Streets adjacent to site.
   4. Specifications for all improvements including, but not limited to, underground utilities, pavement, sidewalks, curb/gutter, and driveway aprons.
   5. Property owners and applicants name and address.
   6. Preparer's name and address, and date prepared.
4. The zoning administrator may waive any site plan requirements which will be irrelevant to the issuance of a permit.
5. The site plan materials must be approved by the city prior to the issuance of any building permit. Once approved, they become the working plans for the proposed project. No deviations from approved plans will be allowed without written approval of the zoning administrator.

(Code 1978, § 23.6(H); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

Fees for all zoning related applications shall be by resolution adopted by the city council, as amended from time to time, and will be collected at the time of application.

(Code 1978, §§ 23.15, 29.02(b), (c), (g); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

1. Classification.
   1. Class 1. Those where the use of the building or land does not conform to the district use regulations of division 4 of this article.
   2. Class 2. Those where the use of the building or land does comply with the district use regulations of this article, but such use does not meet in its entirety the site development and design standards (division 7 of this article) and off-street parking and loading requirements set forth in divisions 8 and 9 of this article.
2. Purpose and intent. It is the intent of this division to permit the continuance of a lawful use of any building or land existing at the effective date of the ordinance from which this article is derived though such use may not conform with the provisions of this division. It is also recognized that Class 1 uses are incompatible with the permitted uses in the districts in which located and it is the intent of this division not to encourage their continuation or expansion. Class 2 uses are generally compatible, in terms of use, with the district in which located. It is, therefore, the intent of this section to encourage their continuance, allow for their expansion, and to encourage, over time, ever greater compliance with the requirements of this division.
3. Nonconforming use regulations. Nonconforming uses of buildings, structures and land shall be subject to the following regulations:
   1. Structural alterations, replacement or enlargement.
      1. Class 1 shall not be structurally altered or enlarged unless the resultant altered or enlarged building or use shall conform in terms of usage to the provisions of this article. Single-family dwellings and owner occupied duplexes damaged or destroyed by fire, explosion, or other act of nature may be reconstructed or replaced with a building of similar size and value of the original building.
      2. Class 2. Nonconforming uses of structures which do not meet the site development and design standards (division 7 of this article) and/or the off-street parking and loading requirements (divisions 8 and 9 of this article) shall be allowed to be structurally altered or replaced provided there is no further violation of these requirements than lawfully exists at the time of such alteration or replacement.
      3. Site development compliance requirements (Class 2 nonconforming uses). Lawful Class 2 nonconforming uses existing at the time of adoption of the ordinance from which this article is derived shall be "grandfathered," however, any modification to an existing structure, or the addition of any structure, valued at equal to or greater than $15,000.00, shall require compliance with the site development standards (division 7 of this article) subject to the following standards:
         1. Up to an additional 15 percent of the value of a proposed building improvement project must be added to the project and applied towards site improvements.
         2. The proposed site improvements required to satisfy the requirements of this section shall be submitted for approval to the zoning administrator.
         3. Written cost estimates shall be provided for any site improvements being proposed.
         4. With the understanding that the 15 percent improvement requirements will not bring many sites up to full compliance, the required improvements shall be prioritized in the following order, where practical: pavement of parking lots, screening of dumpsters, screening of outdoor storage, bufferyard development, and general landscaping.
         5. Phasing-in improvements: Where the estimated site improvement costs exceed $5,000.00, the board of zoning appeals may allow the owner to phase in the required improvements over a three-year period provided that:
            1. The property owner files a binding agreement, in a form acceptable to the city, committing the owner to making such improvements within three years; and
            2. At least one-third of the improvement costs must be spent in the first year.
         6. Large scale commercial developments qualifying as Class 2 nonconforming uses shall incorporate additional improvements for screening of dumpsters, screening of outdoor storage, bufferyard development, general landscaping, and other standards that are practical to bring the property closer to compliance with the site design standards contained in section 30-902. The building design standards contained in section 30-903 shall also be incorporated when practical with a priority placed on front facade improvements. Large scale commercial developments shall be excluded from the 15 percent value requirement contained in item subsection (c)(1)c.1. above.
      4. Any site or lot or part thereof being converted, enlarged, reconstructed or altered in any way or changed in use for any purpose shall be in full conformity with the provisions of this article.
         1. Repair of nonconforming buildings. Nothing in this article shall prohibit the repair, improvement or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation and wear provided that such repair to Class 1 nonconforming uses shall not exceed an aggregate cost of 30 percent of the replacement value of the building.
         2. Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion, an act of God, or by other causes may be restored, rebuilt or repaired provided such restoration for Class 1 nonconforming uses does not exceed 50 percent of its replacement value, exclusive of land and foundations. Owner occupied Class 1 nonconforming single-family dwellings and duplexes damaged or destroyed by fire, explosion or act of nature may be reconstructed or replaced with a building of similar size and value as the original building.
         3. Discontinuance or abandonment. Whenever a nonconforming use of either class has been discontinued for six or more consecutive months or for 18 months during any three-year period, such discontinuance shall be considered conclusive evidence of the intention to abandon the nonconforming use and shall not be reestablished. Any future use shall be in conformity with the provisions of this article.
         4. Changing of uses. Whenever a Class 1 nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not revert or be changed back to a nonconforming or less conforming use. Whenever a Class 2 nonconforming use is changed to a use requiring the same or less parking, full ordinance compliance shall not be required but in no case shall existing parking be diminished.
         5. Prior construction approval. Nothing in this section shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of the ordinance from which this article is derived, provided that construction is commenced within 90 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the building permit.
         6. District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

(Code 1978, § 23.11; Ord. No. 05-05-08, 5-18-2005; Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007; Ord. No. 12-01-01, 1-23-2012)

State Law reference— Nonconforming uses not to be eliminated by amortization, Minn. Stat. § 462.357, subd. 1c.