Hector City Zoning Code
ZONING ADMINISTRATION
§ 151.035 POWERS GIVEN TO THE CITY COUNCIL.
The City Council may on its own motion, or the on request of the Planning Commission, or on petition of affected property owners:
(A) Change the zoning of a parcel of land from one classification to another;
(B) Change any of the regulations of this chapter as to the use of land in any district or as to the restrictions upon buildings or structures therein, by amendment to this chapter;
(C) Review and approve conditional use permits;
(D) Review site plans for multiple-family buildings (three or more units), commercial development, or industrial development and mandate the inclusion or alteration or elements of the plans to protect adjacent properties. When a variance, conditional use, or rezoning is requested, the site plan must be reviewed by the Planning Commission and City Council;
(E) Hear and decide requests for variances from the literal provision of this code; and/or
(F) Hear and decide appeals by any person affected any alleged error in any order, requirement, decision, or determination made by any administrative officer in the enforcement of this chapter.
(Prior Code, § 151.030) (Ord. 149, passed 3-9-1998)
§ 151.036 ENFORCEMENT.
This chapter shall be administered and enforced by the Zoning Administrator. The Zoning Administrator may institute, in the name of the city, any appropriate actions or proceedings against a violator as provided by law.
(Prior Code, § 151.031) (Ord. 149, passed 3-9-1998)
§ 151.037 ENFORCEMENT OFFICER.
(A) This chapter shall be administered and enforced by the Zoning Administrator, who shall be the Building Official, unless the City Council specifically appoints someone else. The Zoning Administrator shall be responsible for the enforcement of this chapter.
(B) The duties of the Zoning Administrator shall be as follows:
(1) Examine all applications pertaining to the use of land, buildings, or structures, and take other appropriate action on such applications when in conformance with the provisions of this chapter;
(2) Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter;
(3) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it;
(4) Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions;
(5) Maintain permanent and current records of this chapter, including maps, amendments, conditional uses, and variances; and
(6) Maintain a current file of all permits and notices of violation, discontinuance or removal for such time as necessary to ensure continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.
(Prior Code, § 151.032) (Ord. 149, passed 3-9-1998)
§ 151.038 VARIANCES.
(A) Authority and conditions.
(1) The City Planning Commission shall be the Board of Appeals and Adjustments and may allow a departure from the terms of the zoning regulations pertaining to height or width of structures, the size of setbacks, the number of parking spaces, and the size or location of signs where such departure would not be contrary to the public interest. A variance may be granted only in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the chapter.
(2) UNDUE HARDSHIP, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with the chapter. The Board of Appeals and Adjustments or the governing body, as the case may be, may not permit as a variance any use that is not permitted under the chapter for property in the zone where the affected person’s land is located. The board or governing body, as the case may be, may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The board or governing body, as the case may be, may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties.
(3) Specific conditions and safeguards may be imposed upon the premises benefitted by a variance as considered necessary to prevent injurious effects upon property in the neighborhood or upon public facilities and services. Violation of such conditions and safeguards shall be a violation of this chapter.
(B) Procedures.
(1) An application for a variance shall be submitted to the Zoning Administrator. A nonrefundable application fee, established from time to time by the City Council by ordinance to cover administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information as well as such additional information as may be required by the Zoning Administrator:
(a) A site plan showing the property dimensions, existing and proposed buildings and other structures, existing and proposed grading, landscaping, easement, and location of utilities, as applicable. The Zoning Administrator may require the applicant to obtain a certified survey at the time of application;
(b) The particular requirements of this chapter which prevent the proposed use or construction;
(c) The characteristics of the subject property which prevent compliance with the requirements of this chapter;
(d) The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction;
(e) The particular hardship which would result if the particular requirements of this chapter were applied to the subject property; and
(f) If the variance is part of an application for commercial, industrial, or multiple-family residential site plan approval, all of the submittal requirements for a site plan, § 151.040(B) shall also apply.
(2) A public hearing shall be set, advertised, and conducted by the City Planning Commission in accordance with § 151.042.
(3) Within the time period established by M.S. § 15.99, as it may be amended from time to time, the City Planning Commission shall render its decision recommending granting or denying the variance. Such decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variance. Such plans and specifications shall remain a part of the permanent records of the City Planning Commission. The findings of fact shall specify the reason or reasons for granting or denying the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact.
(C) Appeals. A decision of the Planning Commission acting as the Board of Appeals and Adjustments is final subject to appeal to the City Council and the right of a later judicial review. Appeals to the Council of a decision of the Planning Commission acting as the Board of Appeals and Adjustments shall be decided within the time period established by M.S. § 15.99, as it may be amended from time to time.
(D) Simple majority required. Motions on variances require a simple majority of the City Council for passage based upon the recommendation Planning Commission.
(Prior Code, § 151.033) (Ord. 149, passed 3-9-1998)
§ 151.039 ORDINANCE AMENDMENTS AND LAND REZONINGS.
(A) Authority. This chapter and the zoning district map may be amended from time to time by ordinance duly enacted by the City Council; provided, however, that no such amendment shall be enacted except in accordance with the procedures of § 151.042 Public Hearings.
(B) Initiation. Proposed amendments or rezonings may be initiated by the City Council, by the Planning Commission, or by any one or more owners of real estate in the area to be affected by the amendment or rezoning or by the owner of an enforceable option to purchase property in the area affected by the amendment or rezoning.
(C) Procedure.
(1) When any proposed amendment or rezoning is initiated by the City Council, the Council shall transmit its proposal to the Planning Commission for a public hearing and report thereon.
(2) When any proposed amendment or rezoning is initiated by an owner or owners of real estate in the city, an application for such amendment or rezoning, addressed to the City Council, shall be filed with the City Administrator. A nonrefundable application fee, established from time to time by the City Council by ordinance to cover administrative costs, shall accompany the application. The application shall be in such form and contain such information as shall be prescribed from time to time by the Planning Commission, but shall in all instances contain the following information:
(a) The applicant’s name and address;
(b) The precise wording of any proposed amendment to the text of this chapter; and
(c) In the case of a rezoning:
1. A legal description and street address of the property proposed to be reclassified;
2. The name and address of the property owner or owners of the property;
3. The present zoning classification and existing uses of the property to be reclassified;
4. The area of the property proposed to be reclassified, stated in square feet or acres, or fraction thereof; and
5. A map clearly showing the property proposed to be rezoned, its present zoning classification, existing uses, and its initial use under the proposed zoning and, if deemed necessary by the Zoning Administrator, a land survey will be required.
(3) A public hearing shall be set, advertised, and conducted by the Planning Commission in accordance with § 151.042.
(4) Following the conclusion of the public hearing, the Planning Commission shall transmit to the City Council its recommendation in the form of a written report. Such report shall be accompanied by the findings of fact specifying the reasons for the recommendation.
(5) The City Council shall make a decision on the amendment within the time period established by M.S. § 15.99, as it may be amended from time to time.
(6) The chapter may be amended by a simple majority of the Council, except that the adoption or amendment of any portion of this chapter which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the Council.
(7) The City Council may apply a condition to a rezoning that would revert the site to the previous zoning classification if substantial development activity has not commenced on the site within two years of the date of rezoning approval.
(Prior Code, § 151.034) (Ord. 149, passed 3-9-1998)
§ 151.040 SITE PLAN REVIEW.
(A) Generally. The City Council declares it necessary and appropriate to require site plan approval of development in certain zoning districts to preserve and promote attractive, well-planned stable urban conditions. This includes all proposed multiple-family buildings (three or more units), commercial developments, and industrial developments. Site plan approval by the Zoning Administrator and/or the City Engineer must be obtained before a zoning permit is issued. True and accurate representation of the following requirements are the responsibility of the applicant.
(B) Application for site plan approval.
(1) Applications for site plan approval shall be on a form provided by the Zoning Administrator and shall include the established processing fee established by the Council by ordinance. In all cases, the site plan shall contain:
(a) Name of project;
(b) Location of project, including a vicinity map;
(c) Name and mailing address of developer/owner;
(d) Name, telephone number, and mailing address of the project engineer and/or architect;
(e) Date of plan preparation;
(f) North point and graphic scale;
(g) Boundary line of project site with dimensions. All site plans shall be drawn at an engineering scale (such as 1 inch = 40 feet); and
(h) A registered land survey if deemed necessary by the Zoning Administrator.
(2) The site plan shall also contain the following features, both existing and proposed, drawn by a registered engineer, architect, landscape architect, and/or land surveyor:
(a) Topographic contours at a minimum interval of two feet;
(b) Adjacent and on-site streets and street rights-of-way;
(c) Utilities and utility right-of-way easements, man-hole rim elevations, and pipe elevations and sizes;
(d) Buildings, signs, and light poles;
(e) Parking and loading facilities;
(f) Surface water collection and conveyance features including arrows indicating the direction of surface water flow over the map of proposed contours;
(g) Surface water ponds, ditches, and wetlands;
(h) Sidewalks and bicycle paths;
(i) The location of tree cover, including the designation of trees of 15 inches in diameter or more;
(j) Fences and retaining walls;
(k) Shielded exterior refuse collection areas;
(l) Landscaping, including species and minimum size (refer to § 151.105 Special Provisions—Landscaping);
(m) Traffic flow on- and off-site;
(n) Height above mean sea level of buildings;
(o) Project data including square footage of buildings and number of parking spaces;
(p) A description of proposed exterior finish materials; and
(q) The current zoning of the property and a listing of all required federal, state, and city permits and the status of such applications.
(3) The Zoning Administrator may require the developer to submit the following items if he or she feels that they are important for adequate understanding of the project by the Planning Commission, City Council, and/or public:
(a) Aerial photograph(s) of the site;
(b) Cross-section drawings;
(c) Perspective sketch(es); and/or
(d) A professional analysis of traffic impact or other infrastructure impact (such as storm sewer, water, and sanitary sewer).
(C) Review and recommendation by the Planning Commission. In considering applications for site plan approval under this chapter, the Zoning Administrator shall consider the following: how the site plan relates to conditions both on and off the site, conformance with the city’s comprehensive plan, the impact of the site plan on the existing and anticipated traffic and parking conditions, building location and height, sanitary sewer, water, signage, setbacks, and related matters. Applications for site plan approval shall be either granted or denied within the time period established by M.S. § 15.99, as it may be amended from time to time.
(D) Developer’s/builder’s agreement. Prior to issuing a zoning permit, the Zoning Administrator may require the developer/builder to sign an agreement with the city which assures that particular elements of the site plan approval application, either proposed by the applicant or imposed by the Zoning Administrator, City Engineer, or City Planning Commission, shall be carried out. The Planning Commission may require the applicant to post a performance bond or irrevocable letter of credit to ensure that certain improvements are implemented.
(Prior Code, § 151.035) (Ord. 149, passed 3-9-1998)
§ 151.041 CONDITIONAL USES.
(A) Authority. The City Council may, after review and recommendation by the Planning Commission, grant or deny a conditional use permit with a simple majority vote.
(B) Standards and conditions for conditional uses.
(1) A conditional use permit may be granted for the following uses only:
(a) Any use specifically listed as a conditional use in the regulations applicable to the district in which it is specifically located;
(b) Planned development in accordance with the provisions of §§ 151.080 et seq. of this chapter in any district; and
(c) Any of the following uses in any residential or commercial district:
1. Schools;
2. Community recreation buildings and fields;
3. Elderly high rise;
4. Relocation of any structure larger than ten feet by 12 feet.
(d) Any of the following uses in any district: buildings, facilities, or premises of public service corporations to be used for public utility purposes necessary to the public convenience or welfare.
(a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;
(b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities, and other matters affecting the public health, safety, and general welfare; and
(c) That the proposed building or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
(C) Procedure.
(1) (a) An application for a conditional use permit shall be submitted to the Zoning Administrator. A nonrefundable application fee, as established from time to time by the City Council by ordinance, to cover administrative costs and costs of the hearing shall accompany each application.
(b) Except as specifically excused by the Planning Commission, the application shall contain the following information and be accompanied by the following submissions, as well as such additional information and submissions as may be prescribed by rule of the Planning Commission:
1. Legal description of the tract of land;
2. Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development;
3. Evidence of the financial capability of the applicant to complete the proposed development;
4. Plans drawn to convenient scale, showing the current zoning classification and existing land use of the tract, and those tracts directly adjacent to it, and any significant topographical or physical features and all easements of the tract, and adjacent tracts. The Zoning Administrator may require a certified survey at his or her discretion at the time of application; locating lot corners is the applicant’s responsibility;
5. Three copies of preliminary plans, drawn to a convenient scale, showing the same information as is required for site plan approval;
6. When the proposed development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted;
7. Copies of any restrictive covenants that are to be recorded with respect to property included in the proposed development;
8. When the development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit. No such stage or unit shall have a residential density that exceeds by more than 25% of the proposed residential density of the entire development. When a development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages or units completed or under development bear to the entire development.
9. When it deems it to be necessary, the Planning Commission may require a traffic survey (conducted at the expense of the applicant) setting out and analyzing the effect that the development will have upon traffic in the streets and thoroughfares adjacent to and in the proposed development;
10. A statement showing the relationship of the proposed development to the comprehensive plan and future land use plan of the city; and
11. A statement as to why the proposed development is to be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations.
(2) A public hearing shall be set, advertised, and conducted by the Planning Commission in accordance with § 151.042.
(3) (a) After the conclusion of the public hearing, the Planning Commission shall transmit to the City Council a written report containing its recommendations concerning the proposed conditional use. Such report shall be accompanied by findings of fact specifying the reasons for the recommendation.
(b) The City Council may table the matter for up to 60 days to obtain more information on which to base its decision. Conditional use applications not acted upon within that time shall be considered to be approved.
(c) In any case where a conditional use permit is sought for the purpose of establishing a planned development district, the report of the Planning Commission shall contain specific findings as to the degree of compliance of the proposed development with the standards made applicable to planned developments by §§ 151.080 et seq. of this chapter and as to the degree to which the proposed development advances the purposes for which planned developments may be approved.
(4) (a) Except in the case of an application for a conditional use permit to establish a planned development district, which shall be governed by §§ 151.075 et seq., the City Council shall, within the time established by M.S. § 15.99, as it may be amended from time to time, of the receipt of the report of the Planning Commission, grant or deny the conditional use or refer the matter back to the Planning Commission for further consideration.
(b) The City Council shall not grant a conditional use unless it finds that the standards of §§ 151.075 et seq. of this chapter have been satisfied.
(5) One of the conditions of a conditional use permit is that it shall be valid only for a period of six months, (except when issued specifically for a planned development, in which case the period of validity shall extend to 18 months), after which the same shall be revoked in the event that any proposed construction, alteration, or operation has not been started in accordance with the terms of such permit.
(6) A certified copy of each conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property included. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but the Council may in the future enact or amend this chapter to change the status of conditional uses.
(Prior Code, § 151.036) (Ord. 149, passed 3-9-1998)
§ 151.042 PUBLIC HEARINGS.
(A) Setting of hearings. For all requests brought before the City Council or the Planning Commission for which a public hearing is required by this chapter, the body in charge of conducting the hearing shall select a reasonable time and place for the public hearing on the request, or delegate such authority to the City Administrator.
(B) Notice of hearings.
(1) Notice of public hearings shall be given not more than 30 days and not less than ten days before the hearing by publication at least once in one or more official newspaper of the city. Such notice shall include the time and place of the hearing and a description of the contents of the request to be heard to which the request applies.
(2) In addition to the general notice of the public, separate notice by letter shall be required for all property owners residing within the area, and for a distance of 350 feet from the boundaries of such area, where a request concerning property will be the subject of the hearing. Such notices shall be sent by the City Council, and addresses taken from current city records shall be deemed sufficient for such notification.
(C) Conduct of hearing. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, or by written, signed letter.
(Prior Code, § 151.037) (Ord. 149, passed 3-9-1998)
§ 151.043 FEES, CHARGES, AND EXPENSES.
(A) The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning permits, conditional use permits, appeal application, and other matters pertaining to this chapter. This schedule of fees is as follows.
(1) Zoning permits.
Cost of Improvement | Fee |
$0 to $1,000 | $15 |
$1,001 and over | $1 for each $1,000 increment |
(2) Variance applications. Application fee: $200.
(3) Conditional use permit applications. Application fee: $75.
(4) Rezoning applications. Application fee: $75.
(5) Site plan reviews. $50.
(B) No application, permit, certificate, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Planning Commission unless or until preliminary charges and fees have been paid in full.
(C) If a dispute arises over a specific fee, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court. The process for reviewing the application, permit, certificate, or variance shall proceed as if the fee were paid. An approved application, permit, certificate, or variance shall be effective even though the fee is being held in escrow. After the district court’s determination of the appropriate fee, the fee shall be paid out of the amount held in escrow and the balance, if any, returned to the appellant.
(Prior Code, § 151.038) (Ord. 149, passed 3-9-1998)