Lafayette City Zoning Code

ZONING ADMINISTRATION

§ 151.145 ZONING ADMINISTRATOR.

(A) Zoning Administrator. The City Clerk and Utility Superintendent shall jointly serve as the Zoning Administrators, whose responsibilities shall be as follows:

(1) Receive, process, and issue land use permits, and make and maintain records thereof;

(2) Conduct inspections of buildings and use of land to determine compliance with the terms of Code Title XV;

(3) Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and conditional uses, variances, appeals and applications therefor; and

(4) Institute, in the name of the city, any appropriate actions or proceedings against a violator as provided for in this chapter.

(B) Processing Applications. Upon receiving a land use permit application, the Zoning Administrator shall process it as follows:

(1) The City Clerk shall review the application and determine whether it is complete and whether it follows the criteria of the zoning district and city code.

(2) The Utility Superintendent shall review the application and the relevant physical attributes of the property, including but not limited to location of utility lines, or easements and determine whether requested items are clearly within set-backs for the zoning district. If the Utility Superintendent can not determine with reasonable certainty that set-backs are properly observed, the Utility Superintendent may request, and the owner shall, at the owner’s expense, locate the property lines. It is the property owner’s responsibility to locate the property lines.

(3) If both the City Clerk and Utility Superintendent verify the application meets the requirements of city code, they can approve the application.

(4) If the application involves issues that cannot be resolved by contacting the applicant, or if the application involves items that require approval of the City Council, then the application shall be added to the next Council meeting agenda to be reviewed by Council for consideration.

(Ord. 75, passed 12-27-1990; Ord. 144, passed 10-9-2023)

§ 151.146 BOARD OF ADJUSTMENT AND APPEALS.

The City Council is hereby appointed as the Board of Adjustment and Appeals.

(Ord. 75, passed 12-27-1990)

§ 151.147 DUTIES OF BOARD OF ADJUSTMENT AND APPEALS.

The Board of Appeals has the following powers and duties with respect to this chapter:

(A) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter; and

(B) To hear requests for variances from provisions of this chapter.

(Ord. 75, passed 12-27-1990)

§ 151.148 CIRCUMSTANCES FOR GRANTING A VARIANCE.

(A) Pursuant to M.S. § 462.357, subd. 6, as it may be amended from time to time, the Board of Appeals and Adjustments may issue variances from the provisions of this zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property. A variance from the literal provisions of this zoning code may be granted by the Board of Appeals and Adjustments only when the variance is in harmony with the general purposes and intent of the zoning code and the variance is consistent with the comprehensive plan, if the city has adopted one. A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. PRACTICAL DIFFICULTIES as used in connection with granting a variance, means the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(B) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when in harmony with this zoning code. The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under this zoning code for property in the zone where the affected person’s land is located. The Board of Appeals and Adjustments may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Board of Appeals and Adjustments may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. A condition must be directly related to and must bear rough proportionality to the impact created by the variance. The variance shall not become effective until a certified copy is filed by the applicant with the County Recorder, which shall include the legal description of the property included.

(Ord. 75, passed 12-27-1990; Ord. 144, passed 10-9-2023) 151.999

§ 151.149 VARIANCES AND APPEALS PROCEDURE.

(A) The procedure for taking action on a variance or an appeal shall be as follows:

(1) An application for a variance or an appeal of the requirement, decision or determination of an administrative officer shall be filed with the City Clerk stating the practical difficulties claimed. A certificate of survey or drawing may be required to be part of the findings and records.

(2) The request shall be referred to the Board of Adjustment and Appeals for consideration and public hearing.

(3) The Board of Adjustment and Appeals shall cause to be published, a notice of public hearing, in the official newspaper at least ten days prior to the date of the hearing.

(4) The Board of Adjustment and Appeals shall cause the adjoining property owners to the site of the proposal to be notified by letter at least ten days prior to the date of the hearing.

(5) Within 60 days, the Board of Adjustment and Appeals shall hold the public hearing, make its order deciding the matter and shall serve a copy of the order upon the appellant or petitioner by mail.

(6) The decisions of the Board of Adjustment and Appeals are final subject to judicial review in the District Court.

(7) The Board of Adjustment and Appeals 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.

(8) The City Clerk will provide a certified copy of a variance granted, including the legal description of the property involved, to the applicant, who shall file the variance with the County Recorder of the county in which the municipality is located.

(B) The following rates are adopted to implement the provisions of this chapter.

(1) A person filing for a zoning variance causes the need for a public hearing to be held. It also causes the need for all property owners within a 350-foot radius of the site to be notified in writing of the public hearing. The applicant shall pay the costs of publication and mailing.

(2) A fee per occurrence shall be charged to each person who applies for a land use permit. Fees shall be set by the City Council by ordinance.

(Ord. 75, passed 12-27-1990; Res. passed 11-13-1995; Ord. 144, passed 10-9-2023)

§ 151.150 PLANNING COMMISSION.

The City Council is hereby designated to assume the duties of the Planning Commission.

(Ord. 75, passed 12-27-1990)

§ 151.151 DUTIES OF THE PLANNING COMMISSION.

(A) Engage in land use planning activities;

(B) Prepare and adopt zoning ordinance;

(D) Hold public hearings on the above.

(Ord. 75, passed 12-27-1990)

§ 151.152 CONDITIONAL USES.

(A) A conditional use listed in this chapter may be permitted, enlarged or altered in accordance with the standards and conditions of this chapter.

(B) Also, no conditional use shall be permitted unless the City Council shall find:

(1) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;

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

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

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

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

(6) Proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use;

(7) The demonstrated need for the proposed use;

(8) The proposed use is in compliance with any Land Use Plan adopted by the city; and

(9) Proof of compliance with applicable state codes and; regulations and any inspections connected therewith. Examples include, but are not limited to, the following: the State Department of Health regulates food services and campgrounds; lodging facilities have state safety regulations; day care services have state license requirements and there is a State Electrical Code.

(C) In addition to those standards and requirements expressly specified by this chapter, additional conditions considered necessary to protect the best interests of the surrounding area or the city as a whole, may be imposed.

(D) The conditions may include, but are not limited to, the following:

(1) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(2) Off-street parking and loading areas where required with particular attention to the items in number on above and the economic, noise, glare or odor effects of the conditional use on adjoining properties and properties generally in the area;

(3) Refuse and service areas, with particular reference to the items in one and two above;

(4) Utilities, with reference to locations, availability and compatibility;

(5) Screening and buffering with reference to type, dimensions and character;

(6) Signs if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district;

(7) Required yards and other open space; and

(8) General compatibility with adjacent properties and other property in the area.

(Ord. 75, passed 12-27-1990)

§ 151.153 CONDITIONAL USE PROCEDURE.

The procedure for taking action on a conditional use application shall be as follows.

(A) An application for a conditional use permit shall be filed with the City Clerk.

(B) The application shall be accompanied by a site plan of the proposed use showing such information as may be necessary or desirable, including, but not limited to, the following:

(1) Site plan drawn to scale showing parcel and building dimensions;

(2) Location of all buildings and their square footage;

(3) Curb cuts, driveways, access roads parking spaces and off-street loading areas;

(4) Existing topography;

(5) Finished grading and drainage plan;

(6) Sanitary sewer and water plan with estimated use per day;

(7) Soil type of soil limitations for the intended use; and

(8) A map showing all principal land use within 250 feet.

(C) The application and related file shall be referred to the City Council for study concerning the effect of the proposed use on the land use plan and on the character and development of the neighborhood.

(D) The City Council shall cause to be published a notice of public hearing in the official newspaper at least ten days prior to the date of hearing.

(E) The City Council shall cause all property owners within 350 feet of the site of the proposal, to be notified by letter notice at least ten days prior to the date of the hearing.

(F) The City Council shall hold the public hearing, and within a reasonable time, make its order deciding the matter and shall serve a copy of the order upon the appellant or petitioner by mail.

(G) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith. Noncompliance could result in termination of the conditional use permit.

(H) A conditional use permit issued hereunder shall become void one year after it was granted unless made use of.

(I) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing shall prevent the city from enacting or amending this chapter to change the status of conditional uses.

(J) A certified copy of any conditional use permit shall be filed with the County Recorder in which the city is located for record. The conditional use permit shall include the legal description of the property included.

(Ord. 75, passed 12-27-1990)

§ 151.154 AMENDMENTS.

An amendment to the text of this chapter or to a zone boundary may be initiated by the City Council, the City Planning Commission, or by petition of an affected property owner. A petition by a property owner shall be filed with the City Clerk.

(Ord. 75, passed 12-27-1990)

§ 151.155 AMENDMENT PROCEDURE.

The procedure for taking action on an amendment to this chapter shall be as follows.

(A) All petitions for taking action on an amendment to this chapter shall be as follows: the City Council shall cause to be published a notice of public hearing in the official newspaper at least ten days prior to the date of the hearing. When the petition involves changes in zone 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 petition relates.

(B) 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 was made to comply.

(D) No petition or a property owner for an amendment to the ordinance shall be considered by the city within the one-year period immediately following a previous denial of the request, except the city may consider a new petition if in the opinion of the Planning Commission new evidence or a change of circumstances warrant it.

(Ord. 75, passed 12-27-1990)

§ 151.156 AMENDMENT DECISION PROCESS.

(A) Upon receipt of an application for re-zoning or zoning amendment by the City Clerk, a copy of the completed application shall be forwarded to the City Council for review and study.

(B) The City Council, or a delegation thereof, shall view the area being considered.

(1) Would the granting of the request conform to the presently accepted future land use plans for the city as well as present land uses.

(2) Is it in the community’s best interest for additional land space to be zoned to the class requested.

(3) If it is in the community’s best interest for additional land to be zoned as requested, should the re-zoning be done in areas requested or would the community’s interest be better served if the re-zoning were done in other areas of the city.

(4) Would the granting of the re-zoning request adversely affect property values of adjacent landowners to an unreasonable degree.

(5) If the request was granted, what additional public services would be required.

(6) Is the capacity of existing roads and sewer and water facilities sufficient to accommodate this proposal.

(7) Was there an error or oversight in preparing the original zoning map which indicates that this zoning should have been included at that time.

(8) Is this change beneficial to the community or is it merely a convenience to the applicant.

(D) The City Council shall make written findings of fact supporting its decision, and it shall make a decision either granting or denying the application within 60 days of receiving a complete application.

(Ord. 143, passed 6-12-2023)