Inver Grove Heights
City Zoning Code

This title shall be administered and enforced by the council and its duly authorized representatives. (Ord. 1098, 11-8-2004)

   A site plan shall accompany all requests for rezoning, conditional use permit, or variance regardless of whether or not any structures are proposed to be located on the property. Such site plan shall include the requirements set out in subsection 10-15J-8 of this title.

(Ord. 1098, 11-8-2004; amd. 2008 Code) (Ord. 1098, 11-8-2004; amd. 1523, 2-23-2026)

   A.   Purpose: From time to time, amendments to this title may cause lawfully uses and structures to become nonconforming. This may create uncertainties for owners and operators of legally established nonconforming uses and structures as to their rights and obligations and complexities for the city in monitoring and enforcing this code with respect to such uses. To address these uncertainties and complexities, the city council, sitting as a board of adjustments and appeals, by majority vote, may grant nonconforming use certificates for legally established nonconforming uses and structures, impose reasonable conditions in the nonconforming use certificates, and authorize accessory uses not currently on the property to be placed thereon in the future.

   B.   Application For Certificate: The applicant shall fill out and submit to the zoning administrator the application form and all information as required on the form unless a waiver of certain information is granted by the zoning administrator. Only the owner of the property may be the applicant and may apply for a nonconforming use certificate for a use of structure.

   C.   Application And Procedure: The application for a nonconforming use certificate shall be filed with the planning division for scheduling before the planning commission and city council. The planning commission may hold a public hearing on the nonconforming use certificate if they deem it necessary or advisable. The application, public hearing, and notice requirements for nonconforming use certificates requests shall be the same as for amendments set forth in section 10-3-5(D).

   D.   The planning commission shall review and make a recommendation to the council whether the use is a legally established nonconforming use. If no recommendation is timely made, the council may act without the recommendation of the planning commission. The planning commission may recommend such conditions related to the nonconforming use certificate as it may deem advisable to make clear the rights and obligations of the city and the owner.

   E.   Approval Or Denial Of Certificate:

      1.   The planning commission may recommend approval, approval with conditions, or denial of a request for a nonconforming use certificate. The city council, sitting as the board of adjustments and appeals, by majority vote, may approve or deny a nonconforming use certificate, impose conditions therein, and authorize therein accessory uses not currently on the property to be placed thereon in the future. The planning commission, in making a recommendation, and the city council, in acting upon a request for a nonconforming use certificate, shall consider the following factors:

         a.   Whether under this title the use or structure is nonconforming and how it is nonconforming; and

         b.   Whether the use or structure was lawful prior to the change in this title, which caused it to become nonconforming.

      2.   If any use or structure is found to be not a legally established nonconforming use, the city council shall deny the application, and the use shall be terminated immediately or altered to make it conforming, or the structure shall be altered to make it conforming. Failure to terminate or alter the use or structure to make it conforming shall be a violation of this title.

   F.   Record Of Certificate: If the city council grants a nonconforming use certificate, the owner shall record the certificate with the county recorder and provide evidence of recording to the city.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

   A.   Authority: The city council, sitting as the board of adjustments and appeals, may grant variances from the strict application of the provisions of this title and impose conditions and safeguards in the variances so granted where practical difficulties result from carrying out the strict letter of the regulations of this title.

   B.   Application And Procedure: Applications for a variance shall be filed with the city.

   C.   Referral To Planning Commission: Before authorization of any variance, the application shall be referred to the planning commission for review concerning the effect of the proposed variance upon the comprehensive guide plan and on the character and development of the neighborhood and for its recommendation to the council in connection with such request. The planning commission may hold a public hearing on the variance application if it deems it necessary or advisable. If a public hearing is held, the process outlined in section 10-3-5(D) shall be followed. The planning commission shall make its recommendation after the request is referred to it, and if no recommendation is made in a timely manner, the council may act without the recommendation. The planning commission may recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. (Ord. 1098, 11-8-2004)

   D.   Approval Or Denial Of Variance:

      1.   a. The planning commission may recommend to approve, approve with conditions, or deny a request for a variance. The city council may deny or approve such variances and impose conditions and safeguards therein. In making its recommendation, the planning commission shall consider the following factors and the city council, in acting upon a request for a variance, shall only grant a variance if the applicant demonstrates to the city council that the following factors have been met:

            (1)   The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this chapter, and would be consistent with the comprehensive plan.

            (2)   The applicant has satisfactorily established that there are practical difficulties in complying with this chapter. “Practical difficulties” means:

               (A)   The applicant proposes to use the property in a reasonable manner not permitted by this chapter.

               (B)   The plight of the landowner is due to circumstances unique to the subject property not created by the landowner.

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

            (4)   That economic considerations alone do not constitute apractical difficulty.

         b.   The council may impose conditions in the granting of a variance to ensure compliance and to protect adjacent properties.

         c.   Approval of a variance shall require an affirmative vote of a majority of the city council present at the meeting where the vote is taken. (Ord. 1221, 11-8-2010)

      2.   The council may deny variances, and such denial shall constitute a finding and determination that the conditions required for approval do not exist.

   E.   Violation; Termination Of Variance: A violation of any condition set forth in granting a variance shall be a violation of this title and shall be grounds for termination of the variance. Termination of a variance shall required a vote by the majority of the council present at the meeting, and shall be preceded by ten (10) days mailed notice to the property owner and an opportunity to be heard before the council.

   F.   Lapse Of Variance: A variance shall become void two (2) years after it was granted unless made use of within two (2) years or such longer period as the council, within two (2) years, may provide. The city council may grant a single one year extension, the request for which must be submitted to the city planning division at least sixty (60) days prior to the date upon which the variance would become void.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

   A.   Authority; Vote Required: The provisions of this title may be amended by majority vote of the entire council, and amendments changing the boundaries of any zoning district or changing the regulations of any existing district may be approved by a majority vote of the entire council, except that all the following rezonings shall require a four-fifths (4/5) vote of the entire council:

 

   (Ord. 1098, 11-8-2004)

   B.   Initiation: Proceedings for amendment of this title shall be initiated by:

      1.   A petition of seventy five percent (75%) or more of the owners in the area subject to the proposed amendment;

      2.   A recommendation of the planning commission; or

      3.   By action of the council.

   C.   Application For Amendment: All applications for amendment which are initiated by the petition of seventy five percent (75%) or more of the owners in the area subject to the proposed amendment shall be filed with the clerk, and if the application involves the changing of zoning districts and boundaries thereof, the application shall be accompanied by an abstractor’s certified property certificate showing the property owners within three hundred fifty feet (350') of the outer boundaries of the property in question. When the application is initiated by the owners of one hundred percent (100%) of the property, the council may waive the requirement of the abstractor’s certified property certificate. The application shall be forwarded to the planning commission by the clerk. (Ord. 1098, 11-8-2004; amd. 2008 Code)

   D.   Public Hearing; Notice And Procedure:

      1.   The planning commission shall hold at least one public hearing affording an opportunity for all parties interested to be heard and shall give not less than ten (10) days’ notice nor more than thirty (30) days’ notice of the time and place of such hearing published in the designated official newspaper for the city. Such notice shall also contain the description of the land and the proposed change in zoning. At least ten (10) days before the hearing, the clerk shall mail an identical notice to the owners and to each of the property owners within three hundred fifty feet (350') of the outside boundaries of the land proposed to be rezoned. If the property is to be rezoned from A agricultural, E-1 estate or E-2 estate, the individual notice shall be mailed to each of the property owners within one thousand feet (1,000'). Failure of the clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings. The notice requirements above shall not apply to rezonings in connection with a citywide zoning change initiated by the planning commission or council.

      2.   The planning commission shall hold said public hearing after the rezoning request has been received and there has been sufficient time to mail and publish the required notices.

      3.   The planning commission shall make a written report to the council stating its findings and recommendations. A copy of the planning commission’s report to the council shall be mailed to the applicant.

   E.   Referral To Planning Commission: The council shall not amend this title or rezone any land or area in any zoning district or make any other proposed amendments to this title without having first referred it to the planning commission for their consideration and recommendation.

   F.   Action By Council: The council shall approve or deny the application within the time limits set forth in Minnesota statutes section 15.99.

   G.   Effect Of Denial: The denial of a rezoning or zoning ordinance text amendment application by the council shall constitute a finding and determination that the proposed rezoning or zoning ordinance text amendment is not in the best interest of the physical development of the city. No application for rezoning which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said denial.

(Ord. 1098, 11-8-2004; amd. Ord.1523, 2-23-2026)

   A.   Board Of Adjustments And Appeals:

      1.   Established; Composition; Records: A board of adjustments and appeals is hereby established for the city. The board of adjustments and appeals shall consist of the city council. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order.

      2.   Duties: The board shall act upon all questions as they may arise in the administration of this title, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by the Zoning Administrator.

   B.   Appeals:

      1.   Authority: An appeal may be taken by any person aggrieved by a decision of the zoning administrator or any employee of the city in administering this title.

      2.   Hearings; Planning Commission Review: Prior to acting upon an appeal, the planning commission shall hold a public hearing. The notice provisions shall be the same as set forth in section 10-3-5 of this chapter. The Board shall not make any decision on the appeal until the Planning Commission has had a reasonable opportunity to review the appeal and forward a recommendation to the Board.

      3.   Decision: The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation, or determination that is the subject of the appeal. The reasons for the Board’s decision shall be stated. The decision of the Board shall be final.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

   A.   Fees Required: Application fees required to be paid for land use related applications (such as a rezoning, variance, conditional use permit) must be paid at the time of application in the amount listed in the city fee schedule. In addition, the applicant shall reimburse the City for all legal, planning and engineering costs and other professional consultant costs incurred by the City in reviewing and processing the application.

   B.   Fee Amounts and Escrow Deposit: The city may require that applicants deposit an escrow with the city, together with the application filing fees, the amounts listed in the city fee schedule toward prepayment of legal, planning and engineering costs. The prepayment amounts shall be a credit toward the fees for the attorney, planning and engineering and other professional consultant fees to be reimbursed by the applicant. All such fees, if not covered by the amount held in escrow, shall be paid by the applicant within sixty (60) days of final action on the matter by the city council. If such fees are less than the escrowed amount, such escrow will be returned to the applicant within sixty (60) days of the final action on the matter by the city council.

(Ord. 1098, 11-8-2004; amd. 2008 Code; Ord. 1359, 12-10-2018, eff. 1-1-2019; Ord. 1376, 12-9-2019; Ord. 1392, 12-14-2020; Ord. 1420, 12-13-2021; Ord. 1440, 12-12-2022; Ord. 1467, 1-1-2024; Ord. 1487, - -2024; Ord. 1520, 12-15-2025; Ord. 1523, 2-23-2026)

   The violation of any provision of this title or the violation of the conditions or provisions of any permit issued pursuant to this title shall be a misdemeanor, and upon conviction thereof, the violator shall be subject to a fine, imprisonment or both. Unless otherwise provided, each act of violation and every day on which such violation occurs or continues constitutes a separate offense.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

In order to give the district use regulations of this title the flexibility necessary to achieve the objectives of the comprehensive guide plan, in certain districts conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally suitable in a particular zoning district with certain related conditions imposed. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use on a particular property, and not for a specific person or business.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

   Except as otherwise provided in this article, the application, public hearing, notice and procedure requirements for conditional use permits shall be the same as those for amendments set forth in 10-3-5 of this chapter.

(Ord. 1098, 11-8-2004)

   The applicant shall fill out and submit to the zoning administrator the application form and all information as required on the form along with the applicable application fee unless a waiver of certain information is granted by the zoning administrator.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

   At the time a conditional use permit application is submitted to the city, an application for site plan review shall also be submitted.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)

   A.   The planning commission shall hold a public hearing following the process in section 10-3-5(D), after which it may recommend approval, approval with conditions or denial of a request for a conditional use permit. In making a recommendation, the planning commission shall consider the factors listed below. If the planning commission does not make a recommendation in a timely fashion, the council may act without the recommendation. The city council may grant a conditional use permit as the use permit was applied for, or in modified form, and impose conditions and safeguards therein, if it determines the following:

      1.   The use is consistent with the goals, policies and plans of the city comprehensive plan, including future land uses, utilities, streets and parks.

      2.   The use is consistent with this code, especially this title and the intent of the specific zoning district in which the use is located.

      3.   The use would not be materially injurious to existing or planned properties or improvements in the vicinity.

      4.   The use does not have an undue adverse impact on existing or planned city facilities and services, including streets, utilities, parks, police and fire, and the reasonable ability of the city to provide such services in an orderly, timely manner.

      5.   The use is generally compatible with existing and future uses of surrounding properties, including:

         a.   Aesthetics/exterior appearance.

         b.   Noise.

         c.   Traffic.

         d.   Drainage.

         e.   Fencing, landscaping and buffering.

         f.   Other operational characteristics.

      6.   The property is appropriate for the use considering:

         a.   Size and shape.

         b.   Topography.

         c.   Vegetation.

         d.   Other natural and physical features.

         e.   Access.

         f.   Traffic volumes and flows.

         g.   Utilities.

         h.   Parking, setback, lot coverage and other zoning requirements.

         i.   Emergency access, fire lanes, hydrants, and other fire and building code requirements.

      7.   The use does not have an undue adverse impact on the public health, safety or welfare.

      8.   The use does not have an undue adverse impact on the environment, including, but not limited to, surface water, ground water and air quality.

   B.   Approval of the conditional use permit shall require a four-fifths (4/5) vote of the entire council. (Ord. 1098, 11-8-2004)

   C.   Amendments to an approved conditional use permit shall follow the same process as set forth in this section for an application for a conditional use permit.

(Ord. 1322, 10-10-2016; amd. Ord. 1523, 2-23-2026)

(Rep. by Ord. 1523, 2-23-2026)

   A.    A conditional use permit shall become void two (2) years after being granted by the city council unless it is used prior to the expiration of said two (2) year period. An extension of the two (2) year period may be requested subject to the following procedure:

      1.    At least ninety (90) days prior to the expiration date of the conditional use permit, the applicant shall submit to the city council a written request for a time limit extension, stating the reasons for the extension request.

      2.    Upon receipt of the extension request, the city council may either:

         a.    Act upon the request; or

         b.    Refer the matter to the planning commission for further study.

      3.    If the extension request is referred to the planning commission, that body shall conduct an informal review to determine if changes have occurred in the area which would warrant a new public hearing or denial of the time extension request. The planning commission shall subsequently make a recommendation to the city council suggesting approval of the time extension, denial of the time extension, or recommending that the property owner reapply for a new conditional use permit, thus initiating a new public hearing. In the event that the planning commission recommends denial of the time extension, or submittal of a new application for a conditional use permit, the reasons for such a determination shall be stated.

      4.    A maximum of one time limit extension may be requested for any previously approved conditional use permit. Said time limit extension shall be valid for only one year from the day of the month that the original conditional use permit was approved.

   B.    Upon expiration of the time limit extension, the property owner may resubmit a new request for a conditional use permit, subject to all procedures and fees in effect at the time of submittal. (Ord. 1098, 11-8-2004)

   A violation of any condition set forth in a conditional use permit shall be a violation of this title and grounds for termination of the conditional use permit. Termination of a conditional use permit shall require a vote by the majority of the council present at the meeting, and shall be preceded by ten (10) days mailed noticed to the property owner and an opportunity to be heard before the council.

(Ord. 1098, 11-8-2004; amd. Ord. 1523, 2-23-2026)