This article establishes the procedures and methods to be used by the city in the administration and enforcement of this chapter. It defines roles and places responsibilities on individuals and agencies. Commensurate authority is granted to persons as necessary to fulfill their duties as herein defined.

(Prior Code, § 1015-010.1)

The city council adopts regulations and policies to protect and promote the public health, safety and welfare as permitted or required by law. The council approves or denies all land use requests where such authority has not specifically been granted to another agency or individual.

(Prior Code, § 1015-020.1)

The planning commission shall serve as advisors to the city council by preparing and making recommendations regarding the appropriateness of the city's comprehensive plan, zoning ordinance, subdivision regulations, and such other matters that impact the orderly and efficient development of the community. The planning commission shall act only as a body sitting in open session duly noticed, as required by law. The planning commission may appoint subcommittees or individuals to prepare polices, findings, and reports for consideration by the entire commission at a regular meeting thereof.

(1)

The planning commission shall consist of seven persons, all residents of the city and eligible voters, appointed by the city council for staggered four-year terms. The city attorney, city engineer, and city health officer, or their representatives, may serve as nonvoting, ex officio members upon request of the commission. Terms of office shall be staggered such that no more than two voting members' terms shall expire in any one year.

(2)

A quorum of the planning commission shall consist of four voting members, and it shall require the affirmative vote of a majority of the planning commissioners present (so long as there is a quorum) to approve any motion, resolution, or other official action.

(3)

Commission officers shall include a chairperson, a vice-chairperson, and a secretary, all appointed annually by the city council. The secretary need not be a member of the planning commission. The chairperson and vice-chairperson have full voting rights and need not limit their votes to cases of a tie.

(4)

Planning commissioners may be removed from office by the city council for:

a.

Changing their place of residence to a location outside the corporate boundaries of the city or otherwise not meeting the requirements for office.

b.

Failure to perform their official duties, including not attending called and noticed meetings.

c.

Behavior disruptive to the good order and efficiency of the commission.

d.

Moral turpitude.

(5)

Vacancies on the planning commission shall be filled by the city council as soon as practical after the vacancy occurs, and such appointments shall be made for the unexpired portion of the vacated term.

(6)

One alternate member shall be appointed by city council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three-year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary.

(7)

Planning commission responsibilities:

a.

To study, report, and make recommendations on amendments to the city's comprehensive plan and land use regulations.

b.

To conduct hearings and make recommendations regarding the issuance of conditional use permits.

c.

To conduct hearings and make recommendations regarding requests for rezoning.

d.

To conduct hearings and make recommendations regarding the subdivision and platting of property.

e.

To review and make recommendations on commercial and industrial site plans.

f.

To review and make recommendations on variances associated with site plans, preliminary plats, and conditional use permits.

g.

Perform such other duties as the city council may, from time to time, prescribe.

(Prior Code, § 1015-030.1; Ord. No. 2018-490, § 1, 10-15-2018)

The board of appeals and adjustments hears and makes recommendations to the city council on appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer with respect to this chapter, and to hear and make recommendations on request for variances to the literal provisions of the regulations where the strict enforcement would cause undue hardship because of circumstances unique to the property under consideration.

(1)

The board of appeals and adjustments shall consist of one planning commission member, one city councilmember, and one other resident of the city appointed annually by the city council. The council shall appoint a presiding official and a secretary. The secretary need not be a member of the board.

(2)

Member removal and replacement shall be as for planning commission members.

(3)

A quorum of the board shall be two voting members, and it shall require two voting members to approve any motion, resolution, or other official action.

(4)

The board may adopt such other rules of procedure as are required to efficiently conduct their duties.

(5)

Board of appeals and adjustments responsibilities:

a.

Conduct hearings on requested variances to this chapter, and make a recommendation to the city council whether such variance should be granted or not.

b.

Hear appeals regarding alleged errors in any order, requirement, decision, or determination made by an administrative officer in interpreting this chapter. Provide the city council a report as to their conclusions, and a recommendation on what corrective action, if any, is required to correct any error that may occur.

c.

Hear appeals to the city engineer's interpretation or establishment of floodplain, floodway, and flood fringe boundaries. Provide the city council with a recommendation as to the elevation that should be used to determine such boundaries.

(Prior Code, § 1015-040.1)

The city's community development director or designee receives and processes land use requests, maintains a log of such requests, coordinates and compiles staff reviews of such requests, issues certificates of compliance in accordance with the provisions of this chapter, schedules required hearings before the planning commission and board of appeals and adjustments, and performs such other duties as may be required to ensure the efficient and effective implementation of this chapter. The community development director or designee is appointed by the city council based on identified knowledge, ability, and skill in land use planning and administration.

(Prior Code, § 1015-050.1)

The building official reviews all land use and building plans for compliance with the state building code, the city's on-site sewage treatment and environmental regulations as herein defined. The building official issues building permits, grading permits, certificates of occupancy, and other permits, as permitted by ordinance.

(Prior Code, § 1015-060.1)

It is the intent of the city to recover all costs associated with the administration of this chapter through the collection of fees from applicants for permits, variances, zoning amendments, subdivisions and other land use applications. The city council shall, from time to time, establish a schedule of fees to be charged by the city for review, administration, and consideration of land use requests.

(Prior Code, § 1010-60.1)

This section establishes a formal site plan review procedure and provides regulations to enforce site design standards.

(1)

Exception to review. The following shall be excepted from the foregoing requirements:

a.

Agricultural uses.

b.

Single-family detached dwellings.

c.

Two-family attached dwellings.

(2)

Sketch Plan. Prior to the formulation of a site plan, applicants may present a sketch plan to the community development director or designee. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval of ten feet, unless two-foot intervals are available, and may include the following:

a.

The proposed site with reference to existing development on adjacent properties, at least to within 200 feet.

b.

General location of proposed structures.

c.

Tentative street arrangements, both public and private.

d.

Amenities to be provided such as recreational areas, open space, walkways, etc.

e.

General location of parking areas.

f.

Proposed public sanitary sewer, water and storm drainage.

g.

A statement showing the proposed gross and net density of the project with the method of calculating said density also shown.

(3)

Referral for comment. The community development director or designee shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the community development director or designee, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request.

(4)

Project review.

a.

Qualifications. Any project not classified as exceptions in subsection (1) of this section.

b.

Procedures. Pursuant to Minn. Stat. § 15.99, an application for site plan approval 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. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional 60 days unless this limitation is waived by the applicant. Additional city requirements are as follows:

1.

Request for site plan approval, as provided within this chapter, shall be filed with the community development director or designee on an official application form. Such application shall be accompanied by a fee as provided for in this Code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the community development director or designee, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

2.

Proof of ownership or authorization. The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner of the property in question to proceed with the requested site plan approval.

3.

The community development director or designee shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the planning commission and the city council.

4.

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

5.

The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.

6.

The planning commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter.

7.

The city council shall not consider a site plan application until they have received a report and recommendation from the planning commission. If, however, the planning commission has not acted upon the request after 60 days from the first regular meeting at which the request was considered, the city council may proceed with its considerations and action on the request.

8.

Upon receiving the report and recommendation of the planning commission, the city administrator shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

9.

The applicant or a representative thereof may appear before the city council in order to present information and answer questions concerning the proposed request.

10.

The city council shall reach a decision on the request within 60 days after the meeting at which the matter was first considered by the council. Approval of a request shall require passage by a majority vote of the entire city council.

c.

Certification of taxes paid. Prior to receiving approval of an application for a major project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates.

(5)

Evaluation criteria. The planning commission and city council shall evaluate the effects of the proposed site plans. This review shall be based upon, but not be limited to, compliance with the city comprehensive plan and provisions of this chapter.

(6)

Information requirement. The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the community development director or designee:

a.

Site plan.

1.

Name and address of developer/owner.

2.

Name and address of architect/designer.

3.

Date of plan preparation.

4.

Dates and description of all revisions.

5.

Name of project or development.

6.

Scale of plan (engineering scale only, at one inch equals 50 feet or less).

7.

North-point indication.

8.

Lot dimension and area.

9.

Required and proposed setbacks.

10.

Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

11.

Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.

12.

Location, number, and dimensions of existing and proposed parking spaces.

13.

Location, number, and dimensions of existing and proposed loading spaces.

14.

Curb cuts, driveways.

15.

Vehicular circulation.

16.

Sidewalks, walkways.

17.

Location and type of all proposed lighting.

18.

Location of recreational and service areas.

19.

Location of rooftop equipment and proposed screening.

20.

Provisions for storage and disposal of waste, garbage, and recyclables.

21.

Location, sizing, and type of water and sewer system mains and proposed service connections.

b.

Grading/stormwater drainage plan.

1.

Existing contours at two-foot intervals.

2.

Proposed grade elevations, two-foot maximum intervals.

3.

Drainage plan including configuration of drainage areas and calculations.

4.

Storm sewer, catchbasins, invert elevations, type of castings, and type of materials.

5.

Spot elevations.

6.

Proposed driveway grades.

7.

Surface water ponding and treatment areas.

8.

Erosion control measures.

c.

Landscape plan.

1.

Planting schedule (table) containing:

(i)

Symbols.

(ii)

Quantities.

(iii)

Common names.

(iv)

Botanical names.

(v)

Sizes of plant material.

(vi)

Root specification (bare root, balled and burlapped, potted, etc).

(vii)

Special planting instructions.

2.

Location, type and size of all existing significant trees to be removed or preserved.

3.

Planting detail showing all species to scale at normal mature crown diameter or spread for local hardiness zone.

4.

Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

5.

Typical sections of landscape islands and planter beds with identification of materials used.

6.

Details of planting beds and foundation plantings.

7.

Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

8.

Delineation of both sodded and seeded areas with respective areas in square feet.

9.

Coverage plan for underground irrigation system, if any.

10.

Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

11.

Other existing or proposed conditions which could be expected to affect landscaping.

d.

Other plans and information. (May be submitted in combination pursuant to approval by the community development director or designee).

1.

Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

2.

Typical floor plan and typical room plan.

3.

Fire protection plan.

4.

Extent of and any proposed modifications to land within the wetland, shoreland, or floodplain districts as described and regulated by this Code.

5.

Type, location and size (area and height) of all signs to be erected upon the property in question.

6.

Sound source control plan.

(7)

Plan modifications. Proposed minor structural additions involving ten percent or less of the total existing floor area and proposed minor site expansions or modifications involving ten percent or less of the total existing site area which meet all ordinance requirements may be approved by the community development director or designee prior to a building permit being issued and shall not require planning commission or council review, subject to the following:

a.

This subsection (7) shall apply in the cases of new developments which have received city council plan approval, but for which building permits have yet to be taken; and this subsection (7) shall apply to existing developments on file which have city council approved site plans.

b.

Compliance with all ordinance requirements shall be construed to include all adopted policies and codes.

c.

Any variances from ordinance and policy requirements shall be subject to the established review and hearing procedures for plan and variance approval.

d.

Plans submitted for minor structural additions or minor site alterations under the terms of this subsection (7) shall be the same as those required for site plan approval.

e.

A copy of the plans approved under this subsection (7) shall be appropriately certified by the community development director or designee and placed on file with the city council approved plans.

f.

An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.

(8)

Lapse of approval.

a.

Unless otherwise specified by the community development director or designee or city council, as may be applicable, the site plan approval shall become null and void one year after the date of approval unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with subsection (8)b of this section.

b.

An application to extend the approval of a site plan for up to an additional one year shall be submitted to the community development director or designee not less than 30 days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the site plan approval, and it shall state the additional time being requested to begin the proposed construction. The request shall be heard and decided by the community development director or designee prior to the lapse of approval of the original request. A request pertaining to a major project involving a period of time longer than one year or a second request for a time extension shall be presented to the planning commission for recommendation and to the city council for a decision.

(9)

Additional compliance requirements. The review and approval of site improvements pursuant to the requirements of city-adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

(10)

Plan agreements. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the community development director or designee for review and approval.

(11)

Enforcements. The community development director or designee shall have the authority to order the stopping of any and all site improvement activities, when and where the building official has officially documented a violation of the provisions of this section.

(Prior Code, § 1015-070.1)

(a)

Application procedure. Applications for conditional use permits shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include:

(1)

The applicant's name, address, and telephone number.

(2)

The legal description and address of the property to which the permit shall apply.

(3)

Proof of ownership of the property to which the permit shall apply. Only the property owner may apply for a permit, and all owners of record must sign the application and agree to the permit.

(4)

Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site, if required by the building official, to determine compliance with ordinance and law.

(5)

A statement as to the zoning classification of the property.

(6)

Such detailed information as is required to ensure compliance with ordinance and law for the issuance of the permit, and the activities to be undertaken resulting from the permit. This may include, but is not limited to, topographic survey of the property and a wetlands delineation of the property.

(7)

A general description of the site, including topography, soils, vegetation, and adjacent public waters.

(8)

Where part or all of the property subject to the proposed conditional use permit lies within a Zone A or a Zone AE where a floodway has not been provided on the Flood Insurance Rate Map panels adopted in section 90-138 within the floodplain district, a survey of the site prepared by a registered land surveyor, in a scale not less than one inch equals 100 feet, shall be provided. Such survey shall include:

a.

A surface view showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures and facilities on the site.

b.

A profile of any stream, channel or ditch for at least 500 feet in either direction of the proposed development showing the slope and flow line of the conveyance system, and its relationship to the proposed development.

c.

A typical valley cross section of the channel of the stream or basin, elevation of the land areas adjoining each side of the channel or basin, cross sections of areas to be occupied by the proposed development, and high-water information.

d.

Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitary facilities.

e.

The applicant shall be responsible to submit one copy of the above information to the city engineer for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations, Part 6120.5000—6120.6200 and 44 Code Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert shall:

(i)

Estimate the peak discharge of the regional flood.

(ii)

Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

(iii)

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A stage increase of less than .5' shall be required if, as a result of the additional stage increase, increased flood damage would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

f.

If the project that requires a conditional use permit is deemed in the floodplain district the following additional information shall be provided:

(i)

The applicant shall furnish any of the following information and additional information as deemed necessary by the city for determining the suitability of the particular site for the proposed use:

A.

Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and

B.

Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

(ii)

The applicant shall transmit one copy of the information described in subsection (i) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters

(iii)

Based upon the technical evaluation of the designated engineer or expert, the City shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(9)

Application fees and escrow, as established by the city council.

(b)

Hearing before planning commission. Upon receipt of a completed application for a conditional use permit, the community development director or designee shall schedule the application for a hearing before the planning commission.

(1)

If the conditional use permit application relates to any floodplain or shoreland area, notice of the application shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date.

(2)

If the conditional use permit application relates to any development fronting a county highway, the county engineer shall be given notice of the application ten days prior to the hearing date.

(3)

Notice of the conditional use permit application shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the application applies, at least ten days prior to the hearing date.

(4)

If the application relates to the floodplain district, the city engineer shall determine as necessary, the 100-year flood elevation, floodway, and flood fringe boundaries and also make a determination and report to the planning commission the impact the proposed use will have on the floodplain, including any expected increase to the regional flood elevation and peak discharge of the regional flood. Such determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in accordance with Minnesota Rules 6120.5000—6120.6200, and assume an equal degree of encroachment on both sides of the stream within the reach. In making a determination, the city engineer shall use existing floodway and flood fringe boundaries shown as Zone AE on the city's official floodplain map. The property owner may request a map revision in accordance with section 90-138.

(c)

Findings required for approval. In order to recommend approval of a conditional use permit, the commission must find all of the following:

(1)

The proposed use is permissible by law.

(2)

The proposed use is in keeping with the spirit and intent of this chapter.

(3)

The proposed use is compatible with the city's comprehensive plan, and the character of the surrounding area.

(4)

The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities.

(5)

The proposed use has adequate road access, and does not reduce the safety or capacity of the public road system. Road access shall be no lower than the regional flood elevation.

(6)

The technical evaluation of the floodplain, if required, accurately represents the conditions and boundaries of the floodplain area, as well as correctly represents the proposed use's impact on the floodplain.

(7)

The proposed use may not create a danger that materials may be swept onto other lands, or downstream to the injury of others, or block bridges, culverts, or other hydraulic structures.

(8)

The proposed use will not damage or reduce the benefits the public receives from public waters.

(9)

If located in the shoreland overlay district, the waterbody will be able to safely accommodate the number, type, and uses of the watercraft the project will generate.

(10)

If located in the shoreland overlay district, all structures and facilities are screened from view from public waters.

(11)

If the permit is to approve a wetlands replacement plan, the plan is in conformance with the rules of the state board of soil and water resources for such plans.

(12)

The applicant or operator shall obtain all necessary state and local permits for the conditional use.

(13)

The proposed use is adequately buffered and screened from noncompatible land uses and public rights-of-way.

(d)

Basis for denial. In order to recommend denial of a conditional use permit, the planning commission must find that the proposed use will not meet one or more of the conditions found in subsection (c) of this section.

(e)

Conditions imposed. The planning commission may recommend and the city council may place restrictions, conditions and requirements on a conditional use permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to:

(1)

Modification of waste treatment and water supply facilities.

(2)

Limitations on period of use, occupancy, and operation.

(3)

Requirements for the construction of channel modifications, compensatory floodwater or stormwater storage, dikes, levees, and other protective measures.

(4)

Floodproofing measures in accordance with the state building code and this chapter.

(5)

Buffering and screening measures.

(f)

Issuance of permit. The community development director or designee shall, within ten days of city council approval of any conditional use permit, provide one copy of the completed permit to the applicant, the city clerk, and for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources.

(Prior Code, § 1015-080.1; Ord. No. 2009-434, § 1, 10-5-2009)

(a)

Purpose. To allow a use under certain conditions that would otherwise not be allowed under the zoning regulations, but because of its temporary nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses.

(b)

Authorization. The city council may authorize interim uses of property by issuance of interim use permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. Interim uses that fail to comply with the zoning standards established for the district within which the use is located may also be authorized.

(c)

Standards.

(1)

The term of an interim use permit shall not exceed three years.

(2)

Because of its temporary nature, an interim use permit shall not be renewed. Continuation of an interim use beyond the date of expiration of its interim use permit requires approval of a new interim use permit. Home occupations are exempt from this standard and shall be under the standard of subsection 90-232(h).

(d)

Application procedure. Applications for interim use permits shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include:

(1)

All items under subsection 90-37(a) for conditional use permits.

(2)

A narrative of information to fully describe the nature of the request and use, its operation and intensity, location on site, potential impact to surrounding properties, and site improvements necessary to conduct the use.

(3)

A statement from the applicant with the date or event that will terminate the temporary use.

(e)

Hearing before planning commission. Upon receipt of a completed application for an interim use permit, the community development director or designee shall schedule the application for a hearing before the planning commission.

(1)

If the interim use permit application relates to any floodplain or shoreland area, notice of the application shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date.

(2)

If the interim use permit application relates to any development fronting a state highway and/or a county highway, the Minnesota Department of Transportation and/or county engineer shall be given notice of the application ten days prior to the hearing date.

(3)

Notice of the interim use permit application shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the application applies, at least ten days prior to the hearing date.

(4)

If the application relates to any floodplain, the city engineer shall make a determination and report to the planning commission the impact the proposed use will have on the floodplain, including any expected increase to the regional flood elevation and peak discharge of the regional flood. Such determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in accordance with Minnesota Rules 6120.5000—6120.6200, and assume an equal degree of encroachment on both sides of the stream within the reach. In making a determination, the city engineer shall use existing floodway and flood fringe boundaries shown as numbered A zones on the city's official floodplain map. The property owner may request a map revision in accordance with section 90-138.

(f)

Findings required for approval. In order to recommend approval of an interim use permit, the commission must find all of the following:

(1)

The use shall conform to all zoning regulations.

(2)

The use will not delay the permanent development of the site or prevent the orderly development of surrounding sites.

(3)

The use will not adversely impact implementation of the comprehensive plan.

(4)

The use will not be in conflict with any provisions of the code.

(5)

The use will not adversely impact nearby properties through characteristics including but not limited to, nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety and welfare of the community.

(6)

The date or event that will terminate the use has been identified with certainty.

(7)

The use shall not cause or impose additional costs to the City of Hugo.

(g)

Conditions imposed. The planning commission may recommend and the city council may place restrictions, conditions and requirements on an interim use permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to:

(1)

Buffering and screening measures.

(2)

Ingress and egress to the property.

(3)

Parking.

(4)

Landscaping.

(5)

Design and location compatibility with the adjacent properties and other properties in the district.

(6)

Utilities with reference to location, availability, and compatibility.

(7)

An escrow account to cover the costs to restore the property to its original condition, if necessary.

(h)

Basis for denial. In order to recommend denial of an interim use permit, the planning commission must find that the proposed use will not meet one or more of the conditions found in subsection (f) of this section.

(i)

Expiration and termination. An interim use permit shall expire and the interim use permit shall terminate at the earlier of:

(1)

The expiration date established by the city council at the time of approval, but in no case more than three years from the date of approval.

(2)

Occurrence of any event identified in the interim use permit for the termination of the use.

(3)

Upon an amendment to the City Code that no longer allows the interim use.

(i)

Suspension and revocation.

(1)

The city council may suspend or revoke an interim use permit upon failure of the interim use, or the interim use permit holder, owner, operator, tenant or user, to comply with City Codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare.

(2)

A suspension or revocation of an interim use permit shall be preceded by written notice to the permit holder and a hearing before the city council. The notice shall provide at least ten days' notice of the time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to the permit holder at the most recent address listed on the application.

(j)

Issuance of permit. The community development director or designee shall, within ten days of city council approval of any interim use permit, provide one copy of the completed permit to the applicant, the city clerk, and for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources.

(Ord. No. 2009-435, § 1, 12-7-2009)

Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures, offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit.

(1)

Purpose and intent. Provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Protect nearby property owners, residents, and businesses from special events that may be disruptive, obnoxious, unsafe or inappropriate given the site conditions, traffic patterns, land use characteristics and the nature of the proposed event. Preserve the public health, safety, and welfare of the community.

(2)

Special event application process. All permits shall be applied for at least 30 days prior to the event:

a.

Applicant name, address, phone number;

b.

Date of proposed special event;

c.

Address of proposed special event;

d.

Name of property owner, if different from applicant;

e.

The fees established by the adopted fee schedule.

f.

Type and description of the special event and a list of all activities to take place at the special event;

g.

Estimated number of persons to attend;

h.

Duration of the special event, including beginning and ending times;

i.

Any public health plans, including supplying water to the site, solid waste collection and provision of toilet facilities, if applicable;

j.

Any fire prevention and emergency medical services plans, if applicable;

k.

Any security plans, if applicable;

l.

The admission fee, donation or other consideration to be charged or requested for admission, if applicable;

m.

Whether food, alcohol, or cannabis will be served or sold at the event;

n.

A detailed description of all public rights-of-way and private streets for which the applicant requests the city to restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns, the nature of such restrictions or alterations, and the basis;

o.

A description of any services, city personnel, city equipment and city property which the applicant requests the city to provide, including the applicant's estimate of the number and type needed, and the basis on which the estimate is made;

p.

Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments;

q.

A statement signed by the applicant either agreeing to pay all fees and meet all other requirements of this section, or representing to the city that the applicant is duly authorized to make such agreement on behalf of the person or organization holding or sponsoring the special event;

r.

Applicant signature and property owner's signature, if different from applicant; and

s.

Any other information requested by the city deemed reasonably necessary in order to determine the nature of the special event and the extent of any special services required.

t.

The applicant shall sign a hold harmless agreement for the city for any accidents or damages caused by the event.

(3)

Special events not requiring special event permits.

a.

Sales, promotional activities or fund-raising events that take place entirely within a building that is properly zoned for the use do not require a special event permit.

b.

Wedding ceremonies and receptions, funeral ceremonies and funeral processions or other similar events.

c.

Any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit.

d.

The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public.

e.

Approved activities on a city park.

(4)

Special events subject to administrative approval.

a.

Upon receipt of an application the community development director or designee shall review the application. If it is deemed that the event is minor in nature and does not fall under any of the items under (5) in this section the application can be administratively approved. The community development director has the right to forward any special event permit application to the city council. No more than two special events on a property per calendar year shall be administratively approved.

(5)

Special events subject to city council approval:

a.

Any event that serves alcohol.

b.

Any event that expects over 200 people in attendance.

c.

Any event that will include live or amplified music or sound.

d.

Any event that will extend after dusk.

e.

Any event proposed in the same calendar year as two preceding events on the same property.

f.

Cannabis events, subject to the following additional standards:

1.

On-site consumption during cannabis events is limited to lower-potency hemp edible products.

2.

Cannabis events shall only take place between the hours of 10:00 a.m. and 10:00 p.m.

3.

Cannabis event operations shall be consistent with requirements listed in Minn. Stat. § 342.40, as well as any other applicable rule or law.

4.

Any special event permit for a cannabis event shall have a condition requiring that a copy of a state-issued cannabis event organizer license, as licensed under Minn. Stat. § 342.39, be provided to the city clerk prior to the event taking place. An approved special event permit for a cannabis event that does not receive state approval of a cannabis event organizer license is ineffective.

5.

Proof of insurance, and a cash escrow payment to the city for damages.

(6)

Conditions imposed. The city may place restrictions, conditions and requirements on a special event permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit.

(7)

Basis for denial. In order to recommend denial of a special event permit, the city must find that the proposed use will meet one or more of the conditions found below:

a.

The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail.

b.

The applicant fails to supplement the application after having been notified by the city of additional information or documents needed.

c.

The applicant fails to agree to abide or comply with all of the conditions and terms of the special event permit, including payment of all costs and expenses.

d.

The special event would substantially or unnecessarily interfere with the normal daily operations of the city, cause traffic congestion, or would interfere with access to businesses or residences in the immediate vicinity of the event and there are not sufficient city resources available at the time of the event to mitigate the disruption.

e.

The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way.

f.

The special event would likely endanger the public safety or health, create or constitute a public nuisance, cause significant damage to public property or facilities, or would engage in or encourage participants to engage in illegal acts.

g.

The applicant, responsible party or the person on whose behalf the application is submitted has on prior occasions made material misrepresentations regarding the nature and extent of special services required for a special event in the city, or has violated the terms of a prior special event permit.

h.

A cannabis event application that does not meet the standards under section 90-37.2(5)f of this section.

(8)

Expiration. A special event permit shall expire at the expiration date established by the city council or city staff at the time of approval.

(9)

Suspension and revocation.

a.

At any time the city may suspend or revoke the special event permit upon failure of the permit holder, owner, operator, tenant or user, to comply with city codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare.

(10)

Issuance of permit. The community development director or designee shall, within ten days of city council approval of any special event permit, provide one copy of the completed permit to the applicant and the city clerk.

(Ord. No. 2009-437, § 1, 12-7-2009; Ord. No. 2025-539, 1-6-2025)

(a)

Application requirements. Applications for variances to this chapter shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include:

(1)

The applicant's name, address, and telephone number.

(2)

The legal description and address of the property to which the variance shall apply.

(3)

Proof of ownership of the property to which the variance shall apply. Only the property owner may apply for a variance, and all owners of record must sign the application and agree to the variance.

(4)

Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site.

(5)

A detailed description of the variance requested, including reference to those provisions of the chapter to which the variance applies.

(6)

A detailed statement as to the unique conditions of the property that make the variance desired, as well as what loss of use the property owner will incur if the variance is not granted.

(7)

A site plan showing the relationship of the variance requested to adjacent property, site development standards, and other information having a bearing on the variance.

(8)

A sewer and water service plan.

(9)

Application fees, as established by the city council.

(b)

Hearing before board of appeals and adjustments. Upon receipt of a completed application for a variance, the community development director or designee shall schedule the application for a hearing before the board of appeals and adjustments.

(1)

The board of appeals and adjustments will evaluate the applications and will forward recommendations to the city council.

(2)

If the variance relates to any floodplain or shoreland standard, notice of the variance request shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date.

(3)

If the variance relates to any development fronting a county highway, the county engineer shall be given notice of the variance application ten days prior to the hearing.

(4)

If the variance applies to the setback requirements from a substantial pipeline as required in section 90-180, notice of the variance request shall be made to the commissioner of the state department of public safety at least 30 days prior to final council action on the request.

(5)

Notice of the variance request shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the variance will apply at least ten days prior to the board of appeals and adjustment's meeting where the request will be considered.

(6)

Where the variance applies to any property within the floodplain district, the applicant shall be provided a notice stating that:

a.

The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for each $100.00 of insurance coverage.

b.

Construction below the 100-year or regional flood level increases risk to life and property.

(c)

Findings required for approval. In order for the city to approve a request for a variance the city must find that the application meets the following criteria 1-7. If the city finds any of the criteria are not met the application shall be denied.

(1)

Law. The variance as requested is permissible by law.

(2)

Practical difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means:

a.

Reasonable use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and;

b.

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

c.

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

(3)

Spirit and intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the city's comprehensive plan.

(4)

Prohibited use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district.

(5)

Hazard consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(6)

Septic and well compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes.

(d)

Basis for denial. A recommendation to deny a request for a variance must be made upon finding that the request does not meet one or more of the following:

(1)

Because of the particular physical surrounding, shape, or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

(2)

The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property with the same zoning classification.

(3)

The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land.

(4)

The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land.

(5)

The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located.

(6)

The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.

(7)

Adherence to the regulations of this chapter would create an undue hardship because of inadequate access to direct sunlight for solar energy systems.

(e)

Temporary variance. The temporary use of a one-family dwelling as a two-family dwelling may be permitted as a variance.

(f)

Earth-sheltered construction. Variances shall be granted to earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 14, when in harmony with this chapter.

(g)

Septic system standards. Prior to issuance of any variance to a lot or parcel containing a septic system not in compliance with chapter 38, article II, the septic system shall be upgraded to meet established standards. This requirement shall not apply to a sewage treatment system if its only deficiency is improper setback from the ordinary high-water level.

(h)

Conditions to ensure compliance. Conditions may be imposed on the granting of variances to ensure compliance and protect adjacent property.

(i)

Records to be maintained. The community development director or designee shall maintain a record of variance actions, whether a variance is granted or denied, and including justification for any variances issued. The community development director or designee shall, within ten days of city council approval of any variance, provide one copy of the completed permit to the applicant, the city clerk and, for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources.

(Prior Code, § 1015-090.1; Ord. No. 2009-434, § 1, 10-5-2009; Ord. No. 2011-458, § 1, 10-3-2011)

(a)

The community development director or his designee may approve the following minor deviations from the construction limitations outlined in any zoning district where there is ample evidence that the minor deviation will not adversely affect the health, safety and welfare of the city, will not adversely affect neighboring property, where such action will not constitute the mere granting of a privilege, and where it can be demonstrated that the deviation is in keeping with good land use planning principles. When granting the minor deviation, the community development director or his designee may require additional open space, landscaping, or other compensating element to lessen the impact of the deviation:

(1)

Reduction of required setbacks for primary or accessory buildings to 75 percent of the stated requirement, except that side yard setbacks in a residential district shall not be reduced below ten feet.

(2)

Required setbacks for signs may be reduced to five feet from the public right-of-way.

(3)

Required setbacks of paved areas from a property line other than a public street right-of-way may be reduced to zero if existing or proposed development on the adjacent parcel justifies the reduction.

(4)

The maximum size of accessory buildings may be increased to 125 percent of the stated requirement.

(5)

The number of parking spaces may be reduced by up to ten percent of the stated requirement.

(6)

The location of accessory buildings in the A, LA, RR and FUS districts may be placed in front of a residence, provided that the building is effectively screened from view from the public right-of-way and adjacent property by landscaping or other natural features.

(b)

Denial of any minor deviation request may be appealed to the board of zoning appeals by following the procedures outlined in section 90-38.

(Ord. No. 2007-413, § 1(1015-090.2), 11-19-2007)

(a)

Application; contents. Applications for a zoning amendment shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include:

(1)

The applicant's name, address, and telephone number.

(2)

The legal description and address of the property to which the zoning amendment shall apply.

(3)

Proof of ownership of the property to which the amendment shall apply. Only the property owner may apply for a zoning amendment, and all owners of record must sign the application and agree to the amendment.

(4)

Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site.

(5)

A statement as to the zoning classification requested for the property.

(6)

A detailed explanation of why the rezoning is requested.

(7)

A topographic survey of the property and adjacent property within 300 feet, prepared by a registered land surveyor, at a scale not less than one inch equals 100 feet with two-foot contour intervals. The plan shall show the location of public streets and public utilities in relation to the property.

(8)

A wetlands delineation of the property.

(9)

A report prepared by a registered traffic engineer as to the number and distribution of daily traffic trips to be generated by the proposed use of the land, if required by the community development director or designee.

(10)

An environmental assessment worksheet or environmental impact study if required under section 90-167.

(11)

A legal description of the property.

(12)

The names and addresses of all property owners within 300 feet of the subject property.

(13)

Application fees, as required.

(b)

Hearing before planning commission. Upon receipt of a completed application for a zoning amendment, the community development director or designee shall schedule the application for a hearing before the planning commission. If the amendment relates to any property lying totally or partially in the floodplain or shoreland overlay districts, notice of the amendment request shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date. If the amendment relates to any development fronting a county highway, the county administrator shall be given notice of the application 30 days prior to the hearing.

(c)

Findings required for approval. In order to recommend approval of a zoning amendment, the planning commission must find all of the following:

(1)

The requested amendment is in compliance with the city's comprehensive plan.

(2)

The proposed zoning classification is appropriate for the property given the topographic, environmental and cultural limitations of the site.

(3)

Existing public infrastructure is adequate to handle the development that can reasonably be foreseen on the site.

(4)

The proposed zoning classification will not have unreasonable negative impacts on adjacent properties.

(5)

The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain.

(d)

Basis for denial. In order to recommend denying a zoning amendment, the planning commission must find one or more of the following:

(1)

The requested zoning amendment is not in compliance with the city's comprehensive plan.

(2)

There are topographic, environmental, or cultural limitations on the site that make it unsuitable for development permitted in the requested zoning classification.

(3)

Existing public infrastructure is inadequate to handle the development that can reasonably be foreseen on the site if the requested zoning classification is approved.

(4)

The amendment will have unreasonable negative impacts on adjacent property.

(e)

No special conditions to be placed. Special conditions shall not be placed on the granting of a zoning amendment.

(f)

Additional approvals for floodplain district. Amendments to the floodplain district, including amendments to the floodplain district map, must be submitted to, and approved by, the commissioner of natural resources prior to adoption. Changes to the floodplain district map must also meet the conditions and criteria of the Federal Emergency Management Agency and receive such agency's approval prior to adoption.

(g)

Requirements for long-term agricultural district (LA). Any property rezoned to be included in the long-term agricultural district of the city must meet the requirements to be enrolled in the metropolitan agricultural preserve program.

(Prior Code, § 1015-100.1; Ord. No. 2009-434, § 1, 10-5-2009)

(a)

Applications for permits required by this chapter shall be made to the city on forms provided by the city. In order to be considered complete the application must include:

(1)

The applicant's name, address, and telephone number.

(2)

The legal description and address of the property to which the permit shall apply.

(3)

Proof of ownership of the property to which the permit shall apply. Only the property owner may apply for a permit, and all owners of record must sign the application and agree to the permit.

(4)

Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site if required by the building official to determine compliance with ordinance and law.

(5)

A statement as to the zoning classification of the property.

(6)

A sewer and water service plan.

(7)

Such detailed information as is required to ensure compliance with ordinance and law for the issuance of the permit and the activities to be undertaken resulting from the permit. This may include, but is not limited to, topographic survey of the property and a wetlands delineation of the property.

(8)

Application fees and escrow as established by the city council.

(b)

Permit applications shall be reviewed for compliance with pertinent regulations, and if found in compliance, a permit will be issued. No permit shall be issued where any potable water system and/or sewage treatment system on the property is not in conformance with city and state codes. The community development director or designee or building official may require a certification from a qualified individual (licensed well driller, licensed septic system installer, or licensed plumber) that the water supply system and sewage treatment system are conforming to city and state codes.

(c)

The city council may establish a fee to be charged for the processing of any permit request, and may also establish a requirement for a security deposit or escrow to ensure work is performed in compliance with the permit issued.

(d)

Where an applicant believes that a permit has been incorrectly denied, or that conditions placed on a permit are arbitrary or capricious, the applicant may appeal the building official's action to the board of appeals and adjustments.

(e)

A Permit issued by the zoning administrator in conformity with the provisions of this chapter shall be secured prior to actions on the following if located in the floodplain:

(1)

Erection, addition, modification, or rehabilitation of any building, structure, or portion thereof; that would require a building permit. Normal maintenance and repair shall be included in the valuation of the project to determine if a substantial improvement has occurred.

(2)

Prior to the use or change of use of a building, structure, or land.

(3)

Prior to the construction of a dam, fence (other than a farm fence as defined in section 90-1 of this chapter), or on-site septic system.

(4)

Prior to the change or extension of a nonconforming use.

(5)

Prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source.

(6)

Prior to the placement of fill, excavation of materials, or the storage of materials or equipment. Normal agricultural tilling and plowing is exempt from this provision.

(Prior Code, § 1015-120.1; Ord. No. 2009-434, § 1, 10-5-2009)

(a)

The community development director or designee shall issue a certificate of compliance where:

(1)

The application is signed by all owners of the property.

(2)

The applicant has shown proof of ownership.

(3)

The certificate of compliance is authorized by ordinance.

(4)

The property is in compliance with all the requirements of ordinance for issuance of the certificate.

(b)

The community development director or designee shall deny an application for a certificate of compliance where one or more of the standards established in this chapter are not satisfied.

(c)

If an applicant for a certificate of compliance feels that a decision made by the community development director or designee is incorrect according to ordinance, the applicant may appeal the decision to the board of appeals and adjustments. The board shall consider the issue at a public meeting, and provide a recommendation of the city council whether to issue or deny the certificate of compliance.

(Prior Code, § 1015-130.1)

(a)

Timeframe for hearing. Wherever possible, hearings shall be scheduled to allow council consideration of recommendations by the planning commission or board of appeals and adjustments on land use requests within 60 days of the complete application being submitted to the city. Where conditions do not allow the council consideration within such 60 days, the community development director or designee shall mail the applicant notice that the council shall reply to the application within 120 days of the completed application being submitted to the city.

(b)

Notice requirements.

(1)

Except as otherwise provided by law, hearing notices shall be published in the official newspaper of the city at least ten days prior to the day of the scheduled hearing. Written notice of the hearing shall be mailed to property owners within 300 feet of the subject property so as to arrive no later then seven days prior to the hearing.

(2)

When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subsection has been made. The hearing notice shall include:

a.

Applicant's name.

b.

Nature of the land use requested.

c.

Legal description of the property, as well as address, if available.

d.

Hearing date, time, and location.

e.

A statement that all interested individuals will be allowed to provide written or oral comments at the meeting.

(c)

Hearing format. The hearing on land use requests shall substantially follow the following format:

(1)

The planning commission or board of appeals and adjustments shall establish proof of the notice of publication for the hearing.

(2)

The community development director or designee, or representative, shall briefly state the nature of the land use requested, and the ordinances and standards to which it applies.

(3)

The applicant, or the applicant's representative, shall explain the request.

(4)

The presiding official shall open the hearing and allow for public comment.

(5)

Once all who wish to speak have been heard, and all written evidence submitted, the presiding official shall close the hearing.

(6)

The board or commission shall consider the request.

(7)

The board or commission shall by motion establish findings and make a recommendation to table, approve, approve with conditions, or deny the request. Approval or denial of zoning amendments shall not be subject to special conditions.

(d)

Tabling of request. When action on a land use request has been tabled, and the applicant has not already been mailed notice of extending the processing deadline to 120 days, the community development director or designee shall mail such notice following the hearing. If tabling action on the application will not allow the council to consider the board's recommendation within 120 days of the submission of the complete application, than tabling consideration of the request shall occur only with the written consent of the applicant. No further public notice is required for requests that have been tabled following the required notice under this chapter.

(e)

Recommendation provided to city council. Recommendations on land use requests shall be provided to the city council at their next regularly scheduled meeting following adoption of the recommendation by the planning commission or board of appeals and adjustments.

(Prior Code, § 1015-140.1)

(a)

All notices of hearings, variance requests, and other matters required by this chapter shall be made by regular U.S. Mail to the property owner of record at the time of the mailing.

(b)

Published notices of all hearings and other meetings made under this chapter shall be made in the official newspaper of the city, as designated by the city council.

(c)

Errors or inconsistencies in any notice, late publishing or mailing, or failure to receive a notice by any individual, shall not limit or invalidate any action taken by the city in the processing and approval of any request made under this chapter.

(Prior Code, § 1015-150.1)

No land use request shall be granted, including, but not limited to, conditional use permits, variances, subdivisions, building permits, or certificates of compliance, for any property not in compliance with this chapter, unless such request shall result in the property being brought into full compliance, except lawful nonconforming uses as defined in section 90-46. If the responsible party does not appropriately respond to the zoning administrator within a specified period of time, each additional day that lapses shall constitute and additional violation of this chapter and shall be prosecuted accordingly.

(Prior Code, § 1015-160.1; Ord. No. 2009-434, § 1, 10-5-2009)

(a)

Purpose. This section provides for the regulation of nonconforming buildings, structures, uses, and lots, and specifies those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. Nonconforming buildings, structures, uses, and lots shall not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity.

(b)

Generally.

(1)

Conditional uses. Any established use, building or lot legally existing prior to November 22, 1978, and which is classified by this chapter as requiring a conditional use permit may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use or building shall, however, require a new conditional use permit to be processed according to this chapter.

(2)

Nonconforming uses.

a.

Buildings or land existing prior to effective date of article provisions. The lawful use of buildings or land existing at the effective date of the ordinance from which this chapter is derived which does not conform to the provisions of this chapter may be continued; provided, however, that no such nonconforming use of building or land shall be enlarged or increased, nor shall any such nonconforming use be expanded to occupy a greater area of building or land than that occupied by such use at the time of the adoption of the ordinance from which this chapter is derived, except as otherwise provided), nor shall any such nonconforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this chapter.

b.

Continued use. A lawful, nonconforming use shall not be enlarged, but may be continued at the same size and in the same manner of operation as it existed on the date it became legally nonconforming except as hereinafter specified.

c.

Changes to nonconforming uses.

1.

When a lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

2.

A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.

d.

Expansions of nonconforming uses. A legal nonconforming commercial/industrial use may be expanded with a conditional use permit and with specific finding by the city council that the proposed expansion will reduce the impacts of the legal nonconforming commercial/industrial use on the surrounding properties in terms of activity, noise, traffic, light, appearance, outside storage of vehicles, equipment, or materials, or other issues pertinent to the specific property and use involved.

e.

Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

f.

Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary nonstructural repair and incidental alterations which do not extend or intensify the nonconforming building or use. Normal maintenance shall not include substantial improvements.

(3)

Nonconforming buildings and structures.

a.

Restoration. No lawful nonconforming building or structure which has been damaged by fire, explosion, act of God, or other peril, to the extent of greater than 50 percent of its market value, as determined by the city building official, and for which no building permit has been applied for within 180 days of when the property was damaged, shall be restored, except in conformity with the regulations of this chapter.

b.

Alterations. Alteration and normal maintenance to a lawful nonconforming building or structure may be made provided:

1.

The alterations do not expand the building size.

2.

The alterations do not change the building occupancy capacity or parking demand.

3.

The alteration does not increase the nonconformity of the building or the use.

c.

Expansion of nonconforming buildings or structures.

1.

Administrative approvals. The following expansions of lawful nonconforming building and structures may be approved:

(i)

The community development director shall make a determination that the building expansion will have not external negative impacts upon adjacent properties or public rights-of-way.

(ii)

Expansion of buildings found to be nonconforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of this chapter.

2.

Conditional use permit. Lawful nonconforming commercial, industrial, public, semipublic, and multiple-family or townhome structures may be expanded on the same lot by conditional use permit provided:

(i)

Expansion of buildings found to be nonconforming only by reason of height, yard and setback or lot areas are exempt from requiring a conditional use permit.

(ii)

Except for the above, the expansion will not increase the nonconformity of the building or site.

(iii)

The new building expansion will conform with all the applicable performance standards of this chapter. A conditional use permit shall not be issued under this subsection for a deviation from other requirements of this chapter unless variances are also approved.

(iv)

The request for conditional use permit shall be evaluated based on standards and criteria set forth in this chapter.

(4)

Nonconforming lots.

a.

Vacant or redeveloped lots.

1.

Lot combination. If an owner has an interest in more than one lot of record contiguous to other lots of record, all such lots shall be combined to meet the requirements of this section or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district.

2.

Single-family detached dwellings. Legal nonconforming, vacant, substandard-sized lots of record may be developed for single-family detached dwellings upon approval by the community development director or designee, provided that:

(i)

The lot in question was legally established in accordance with chapter requirements existing at the time of its creation and is a separate, distinct tax parcel.

(ii)

The lot is properly zoned for single-family land uses.

(iii)

Minimum lot size.

A.

Sewered lots. A lot of record having direct access to municipal sewer and water may be developed in accordance with this chapter provided measurements for lot area and width are within 75 percent of the requirements of the base zoning district.

B.

Unsewered lots. A lot of record not having access to municipal sewer and water may be developed provided it complies with county regulations.

(iv)

The lot in question has frontage on a public street.

(v)

Public health concerns (potable water and sanitary sewer) can be adequately provided.

(vi)

The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the city's comprehensive plan and this chapter.

b.

Developed lots. An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this chapter.

(5)

In the floodplain district:

a.

Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection b. below.

b.

If a substantial improvement occurs, as defined in section 90-1 of this chapter, then the building addition and the existing nonconforming building must meet the requirements of subsection 90-138 (4) and (5) of this chapter, for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively.

(Prior Code, §§ 1025-010.1, 1025-020.1; Ord. No. 2009-434, § 1, 10-5-2009)

Measurements for yard regulations shall be taken from the nearest point of the wall of a building to a lot line in question, subject to the following qualifications:

(1)

Canopies, air conditioners, cantilevers, chimneys, cornices, eaves, flues, window wells, and bay windows may extend into:

a.

The required minimum front yard a distance not to exceed four feet, six inches;

b.

The required minimum side yard a distance not exceeding three feet, inclusive of rain gutters and other such appurtenances.

(2)

Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches;

(3)

A landing place, deck, or porch may extend into the required front yard a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place;

(4)

The architectural features enumerated in subsection (3) of this section may also extend into any side or rear yard to the same extent, except that no porch, deck, terrace, or outside stairway shall project into the required side yard;

(5)

On double frontage lots, the required front yard shall be provided on both streets;

(6)

The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth, which may cause danger to traffic on a sidewalk, street, or public road by obscuring the view;

(7)

The required front yard of a corner lot shall be unobstructed above a height of three feet in a triangular area, two sides of which are the lines running along the side street lines between the street intersection, at the curb, and a point 30 feet from the intersection and the third side of which is the line between the latter two points.

(Prior Code, § 1010-110.1; Ord. No. 2024-531, § 1, 8-5-2024)

Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Hugo opts-out of the requirements of Minnesota Statutes, Section 462.3593.

(Ord. No. 2016-476, § 1, 8-15-2016)