Administration of this chapter is hereby vested with the Code Administrator of the city.

(Ord. 19-1, passed 8-10-1998)

   The Code Administrator shall be appointed by Resolution of the City Council and is responsible to administer the zoning ordinance and subdivision regulations and to assist and make recommendations to the City Council on any matter related to planning for, and development of, the city.

   (A)   Duties and responsibilities. The Code Administrator shall be specifically responsible for interpretation and enforcement of this chapter, including the issuance of zoning permits, zoning permits, occupancy permits, and the following:

      (1)   Issue zoning certificates and maintain records thereof;

      (2)   Issue building and repair permits;

      (3)   Cause to be inspected all buildings, structures, and use of land to determine compliance with these and other applicable regulations of the city;

      (4)   Maintain zoning-related records and zoning district map including records of all amendments, conditional uses, and variances;

      (5)   Receive, file, and forward to the City Council all applications for zoning amendments and conditional uses and all appeals for variances and special use permits; and

      (6)   Notify, in writing, the property owner or user upon finding violation of this chapter and cite the nature of violation clearly and require compliance within a reasonable time. If the notification is not replied to or steps are not taken to correct the violations within 30 days, the Code Administrator shall make a report of the findings to the City Council.

   (B)   Interpretation of regulations. Questions of interpretation of this chapter shall be first presented to the Code Administrator and may thereafter be appealed to the City Council.

   (C)   Zoning permit application. Any person intending to construct, reconstruct, relocate, or make alteration to a building shall before commencing with any phase of the work, obtain a permit from the Code Administrator. All mobile homes and manufactured homes are required to comply with the Manufactured Housing and Building Code and are required to obtain a permit from the Code Administrator for placement and relocation thereof.

      (1)   Each application for a zoning permit shall be accompanied by a legal description and a map showing the actual dimension of the lot to be built upon, the size, shape, and location of the building for observing the yard requirements of this chapter.

      (2)   The application shall specify the type of the building, structure, material of which it is composed, the part or portion of the 1ot to be occupied by the principal building and accessory buildings and the probable building cost, together with such additional plans and specifications as may be required by the Code Administrator.

      (3)   The Minnesota State Building Code which has been adopted by the City Council, together with any amendments made hereafter are incorporated and made a part of this chapter.

   (D)   Zoning permit. The Code Administrator shall issue a building permit if the proposed building or structure conforms to zoning and building provisions of this chapter. If the permit is denied, the Code Administrator shall inform the applicant of the right to appeal to the City Council.

   (E)   Zoning permit fees. The Code Administrator shall charge and collect a fee according to the Resolution of Fees and Schedules established by the city, as set forth below:

 

 

   (F)   Certificate of occupancy. The Code Administrator shall issue a certificate of occupancy upon inspection of the completed building, including placement of mobile homes and manufactured homes and assurance that all provisions and conditions set forth by the authority of this chapter are met. In the event the Code Administrator finds violations and deviations from the terms and conditions of this chapter, such information will be reported to the City Council.

   (G)   Conditional use permit. The Code Administrator shall issue a conditional use permit upon approval of the application by the City Council in which all conditions shall be stipulated subject to the provisions of division (H) below in this section.

   (H)   Variances, special use permits. The Code Administrator shall issue the appropriate permit upon approval of the City Council. The terms of a variance or special use permit shall be stipulated subject to the provisions of §§ 154.63 through 154.66 of this chapter.

(Ord. 19-1, passed 8-10-1998; Res. 00-82, passed 8-14-2000; Res. 00-92, passed 9-11-2000)

   The City Council shall act as the Board of Adjustment and Appeals and has the authority and jurisdiction to review and act upon all applications for appeal regarding the interpretation and restrictions of this chapter.

   (A)   Duties and responsibilities.

      (1)   To hear and decide all appeals forwarded by the Code Administrator.

      (2)   To hear other matters related to the interpretation and administration of this chapter.

   (B)   Appeals. Appeals to the Board of Adjustment and Appeals concerning interpretation or administration of this chapter may be taken by any person. The appeal shall be taken within 60 days specifying the grounds thereof. The Code Administrator shall forward to the Board of Adjustment and Appeals all papers constituting the record and comments on this matter.

   (C)   Notice of hearings. The Board of Adjustment and Appeals shall fix a reasonable time for the hearing of appeals to give public notice thereof in the official newspaper of the city at least ten days prior to the hearing. The notice shall state the purpose of the hearing and that the application and supporting documents for appeal are available for public inspection in the office of the City Clerk-Treasurer during normal working hours.

   (D)   Meetings. All meetings of the Board of Adjustment and Appeals are open to the public and anyone may testify for or against the application for appeal.

   (E)   Authority to reverse, affirm decisions. The Board of Adjustment and Appeals may reverse or affirm in whole or in part, or may modify the order, requirements, decisions, or determination appeal from the decision of the Code Administrator. The decision of the Board of Adjustment and Appeals on variances and special use permits shall be final, but an appeal may be made to the City Council for further review and action.

   (F)   Action for reversal of decisions. The concurring vote of three-fourths of members of the Board of Adjustment and Appeals present is necessary to reverse any order, requirement, decision, or determination of the Code Administrator, or to decide in favor of the applicant on any matter upon which it is required to decide under this chapter or to affect any variation in the application of this chapter.

(Ord. 19-1, passed 8-10-1998)

   (A)   Public hearing notice. The City Council shall hold a public hearing, a notice of which shall be published at least ten days prior to the hearing in the official newspaper of the city. The notice of hearing shall include:

      (1)   The time and place of hearing;

      (2)   Description of the property by street address for p1atted 1ands and clearly identifiable location for the unplatted lands;

      (3)   The proposed use and requested zoning district change; and

      (4)   The time and place for public inspection of the documents before the hearing.

   (B)   Public hearing. The City Council, at the hearing, shall listen to all persons who may speak in support of or in opposition to the proposal. The City Council may issue a decision at the end of the public hearing or may require additional information before it approves or denies the petition.

   (C)   Data submission requirements. Petitions for zoning district changes and conditional uses shall be submitted with the following information:

      (1)   Legal description of the area proposed to be rezoned, the name and addresses of all owners of property lying within such area;

      (2)   A list of names and addresses of the owners of all properties within 150 feet of the proposed property, excluding the width of the streets rights-of-way;

      (3)   A map showing the existing land uses and zoning district classification of the area;

      (4)   A site plan showing the existing buildings and uses and the requested changes; and

      (5)   A fee shall be paid in accordance with the schedule established by the City Council.

   (D)   Deliberation and decision. The City Council shall ascertain whether the proposal for a zoning district amendment meets all requirements of this chapter and other regulations of the city and shall issue its decision within 30 days of the public hearing or within 30 days of receiving any additional information requested, whichever is longer. If a protest against a zoning district change is signed by 20% of either: the owners of the property within the proposed site or the owners of the adjoining properties within 150 feet of the site (excluding street rights-of-way), a vote of three fourths of all City Council members is necessary to approve the zoning district change.

(Ord. 19-1, passed 8-10-1998)

   (A)   Purpose. The development of this chapter is based upon division of the city into districts, within which districts the use of land and building bulk and locations of buildings and structures are mutually compatible and substantially harmonious. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as permitted uses in any particular district without consideration, in each case, of impact of those uses upon neighboring premises. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development, and operation of such uses.

   (B)   Public hearing notice. Shall be the same as the provisions set forth for the public hearing notice in § 154.63(A).

   (C)   Public hearing. Shall be the same as the provisions set forth for the public hearing in § 154.63(B).

   (D)   Data submission requirements. Shall be the same as the provisions set forth in § 154.63(C).

   (E)   Deliberation and decision. Shall be the same as the provisions set forth in § 154.63(D).

   (F)   Standards. No application for conditional use shall be approved unless the City Council finds that all of the following conditions are present:

      (1)   The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

      (2)   The uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;

      (3)   The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

      (4)   Adequate utilities, access roads, drainage, and other necessary site improvements have been, or are being provided;

      (5)   Adequate measures have been, or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

      (6)   The conditional use shall substantially conform to all applicable regulations of the district in which it is located.

   (G)   Conditions and guarantees.

      (1)   Prior to the decision on any conditional use, the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community, and to secure compliance with the standards and requirements specified in division (F) above of this section. In all cases in which conditional uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

      (2)   No alteration of a conditional use shall be permitted unless approved by the City Council. Where the City Council has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the City Council’s action unless the use is commenced, construction is underway, or the current owner possesses a valid zoning permit.

(Ord. 19-1, passed 8-10-1998; Res. 00-92, passed 9-11-2000)

   (A)   Board of Appeals and Adjustments. The City Council shall be the Board of Appeals and Adjustments for this city, and as provided by M.S. § 462.354, subd. 2, as it may be amended from time to time, shall have the powers granted under M.S. § 462.357, subd. 6, as it may be amended from time to time.

   (B)   Variances.

      (1)   Pursuant to M.S. § 462.357, subd. 6, as it may be amended from time to time, the City Council, acting as a Board of Appeals and Adjustments, may issue variances from the provisions of this chapter. A variance is a modification or variation of the provisions of this chapter as applied to a specific piece of property.

      (2)   Variances shall only be permitted:

         (a)   When they are in harmony with the general purposes and intent of this chapter; and

         (b)   When the variances are consistent with the comprehensive plan.

      (3)   Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance.

      (4)   PRACTICAL DIFFICULTIES as used in connection with the granting of a variance, means that:

         (a)   The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;

         (b)   The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

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

      (5)   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.(Ord. 19-1, passed 8-10-1998; Ord. 19-17, passed 8-8-2011)

   (A)   Initiation of amendment. Amendments may be proposed by the City Council or any person who has a freehold interest or contractual interest in a building, structure, lot, or parcel of land.

   (B)   Application for amendment. Application for an amendment shall be filed with the Code Administrator who shall forward all such applications to the City Council.

   (C)   Notice of public hearing. Notice of hearing shall include time, place, and purpose of such hearing and shall be published at least ten days before the hearing in the official newspaper of the city.

   (D)   Public hearing. At the public hearing any person may express opposition to, or support for, the amendment.

   (E)   Decision of City Council. In the event that a written protest against a proposed amendment or conditional use application is filed by owners of 20% or more of the area within the proposed amendment or owners of 20% or more of the adjoining land within 150 feet of the proposed site excluding street rights-of-way such amendment or conditional use application shall not become effective except by the favorable vote of three fourths of the City Counci1.

   (F)   Effect of denial of application. An application for an amendment to the zoning district map or conditional use permit which has been denied by the City Council shall not be made for a period of one year from the date of such denials, unless the new application is substantially different from the denied application.

(Ord. 19-1, passed 8-10-1998)

   Any person who violates any provision of this chapter or fails to comply with any of its requirements including the conditions for modification of use, building, or structure shall be guilty of a petty misdemeanor which is punishable by a fine not more than the maximum fine imposed under the laws of the State of Minnesota for petty misdemeanor violations. Each day such violation continues shall constitute a separate offense.

(Ord. 19-1, passed 8-10-1998; Res. 15-107, passed 1-12-2015)

   A-1 AGRICULTURAL DISTRICT

PERMITTED USES:

–   Agricultural uses subject to Minnesota Pollution Control Agency standards, but not including commercial feed lots or other commercial operations

–   Accessory buildings and structures

–   Churches and cemeteries

–   Golf courses, parks, and playfields

–   Schools, public buildings, and facilities

–   Single-family dwellings

–   Manufactured home units installed on a permanent foundation of basement

–   Home occupations

–   Stock-piling of sand and gravel for road construction and maintenance

–   Construction and maintenance of drainage systems to manage the water run-off and water reservoirs

–   Utility lines and pipe lines including substations for transformers, pumping stations, and lift stations

CONDITIONAL USES:

–   High voltage transmission lines and accessory structures

–   Manufacturing and processing of agricultural products produced in the area but not including rendering plants and fertilizer plants

–   Radio, TV stations, and towers

–   Sewage lagoons and wastewater treatment facilities

–   Veterinary clinics, animal hospitals, and domestic animal kennels which are not nearer than 1,000 feet from any residence except that of the owner or operator

   R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

PERMITTED USES:

-   Single-family and two-family dwellings

-   Accessory buildings and structures

-   Churches, schools, and public-related facilities

-   Day care facilities subject to the requirements of the State of Minnesota AND conducted in single-family or two-family dwellings

-   Golf courses

-   Home occupations

-   Parks, playgrounds, and open spaces

-   Manufactured home units installed on a permanent foundation or basement

CONDITIONAL USES:

-   Condominiums

-   Convalescent and nursing homes

-   Hospitals and medical clinics EXCLUDING veterinary clinics

-   Public and private utilities and structures including overhead and underground wires and pipelines

   R-2 MULTI-FAMILY RESIDENTIAL DISTRICT

PERMITTED USES:

-   Single-family and two-family dwellings

-   Accessory buildings and structures

-   Churches, schools, and public-related facilities

-   Day care facilities subject to the requirements of the State of Minnesota AND conducted in single-family or two-family dwellings

-   Golf courses

-   Home occupations

-   Parks, playgrounds, and open spaces

-   Manufactured home units installed on a permanent foundation or basement

-   Condominiums

-   Convalescent and nursing homes

-   Hospitals and clinics EXCLUDING veterinary clinics

-   Public and private utilities and structures including overhead and underground wires and pipelines

-   Multi-family dwellings for any number of families or housekeeping units

-   Bed and breakfast inns

-   Boarding and lodging houses

-   Mobile home parks (subject to stipulated requirements)

CONDITIONAL USES:

-   Highway maintenance shops

-   Public and private utilities and structures including water and wastewater treatment facilities, and overhead and underground wires and pipelines

   C-1 GENERAL COMMERCIAL DISTRICT

PERMITTED USES:

-   Single-family and two-family dwellings

-   Accessory buildings and structures

-   Churches, schools, and public-related facilities

-   Day care facilities subject to the requirements of the State of Minnesota AND conducted in sing1e-fami1y or two-family dwellings

-   Golf courses

-   Home occupations

-   Parks, playgrounds, and open spaces

-   Condominiums

-   Convalescent and nursing homes

-   Hospitals and clinics EXCLUDING veterinary clinics

-   Manufactured home units installed on a permanent foundation or basement

-   Public and private utilities and structures including overhead and underground wires and pipelines

-   Multi-family dwellings for any number of families or housekeeping units

-   Bed and breakfast inns

-   Boarding and lodging houses

-   Advertising signs and billboards

-   Amusement places including bowling alleys, pool halls, theaters, and similar facilities

-   Antique shops, art and craft stores

-   Bakeries and confectionaries

-   Banks and financial institutions

-   Catering businesses

-   Clothing stores

-   Drug stores

-   Dry cleaning and laundromats

-   Flower shops

-   Fraternal and service organizations

-   Funeral homes

-   Grocery stores

-   Household appliance stores

-   Jewelry stores

-   Meat markets and lockers

-   Musical instruments sales and service

-   Optical, orthopedic and medical supply stores

-   Paint and wallpaper stores

-   Professional offices including but not limited to: medical and dental offices; law offices; employment, collection, & travel agencies; real estate offices; utility companies: government buildings; and the like

-   Restaurants

-   Service stations

CONDITIONAL USES:

-   Highway maintenance shops

-   Public and private util. and structures including water and wastewater treatment facilities, and overhead and underground wires and pipelines

-   Feed and seed stores

-   Garages for repair and service of motor vehicles including towing and wrecker service but not salvage operations

-   Grain elevators operated commercially

-   Processing and packaging of materials with less than ten employees

-   Storage and sale of chemicals and the like

-   Storage facilities for rent

   C-2 HIGHWAY COMMERCIAL DISTRICT

PERMITTED USES:

-   Advertising signs and bi1lboards

-   Amusement places including bowling alleys, pool halls, theaters, and similar facilities

-   Antique shops, art and craft stores

-   Bakeries and confectionaries

-   Banks and financial institutions

-   Bed and breakfast inns

-   Catering businesses

-   Clothing stores

-   Drug stores

-   Dry cleaning and 1aundromats

-   Flower shops

-   Fraternal and service organizations

-   Funeral homes

-   Grocery stores

-   Household appliance stores

-   Jewelry stores

-   Meat markets and lockers

-   Musical instruments sales and service

-   Optical, orthopedic, and medical supply stores

-   Paint and wallpaper stores

-   Professional offices including but not limited to medical and dental offices; law offices: employment agencies; collection agencies; real estate offices; travel agencies; utility companies; government buildings; and the like

-   Restaurants

-   Service stations

-   Highway maintenance shops

-   Public and private utilities and structures including water and wastewater treatment facilities, and overhead and underground wires and pipelines

-   Feed and seed stores

-   Garages for repair and service of motor vehicles including towing and wrecker service but not salvage operations

-   Grain elevators operated commercially

-   Processing and packaging of materials with less than ten employees

-   Storage facilities for rent

-   Storage and sale of chemicals and the like

-   Automotive sales and service

-   Animal hospitals and kennels provided that the outdoor pens are not located closer than 500 feet from any residential district

-   Bulk oil and gas storage and sales

-   Department stores

-   Farm implement sales and service

-   Fertilizer storage and sale

-   Furniture, carpet and floor-covering stores

-   Hotels and motels

-   Liquor stores

-   Lumber yards, building materials and supplies

-   Machinery and equipment sales and service including farm machinery and construction equipment

-   Marine vehicle sales and service

-   Mobile home sales and service

-   Monument sales

-   Plumbing, heating and air-conditioning shops and yards

-   Shopping malls

-   Sporting goods stores

-   Trucking firms

CONDITIONAL USES:

-   Contractor’s yards

-   Manufacturing, processing, and packing of natural or human-made materials with more than ten employees

-   Open storage of equipment and material not covered under permitted uses

-   Electric power substations

   I-1 INDUSTRIAL DISTRICT

PERMITTED USES:

-   Contractor’s yards

-   Manufacturing, processing and packing of natural or human-made materials with more than ten employees

-   Open storage of equipment and material

-   Electric power substations

-   Any industrial or manufacturing operation provided that:

   (1)   dust, fumes, odors, smoke, vapor, noise, lights, and vibration shall be confined within the I-1 District: and,

   (2)   outdoor storage, equipment, and refuse areas shall be concealed from view abutting rights-of-way by materials prescribed by the City Counci1

-   Any production, processing, and treatment of products such as battery and tire services, concrete and asphalt products, dairy processing, bottling works, ice and cold storage plants, machine and sheet metal shops - provided that all operations be conducted entirely in enclosed buildings

-   Construction shops

-   Public utility buildings including water and wastewater facilities and accessories

-   Radio and TV stations and studios

-   Storage, warehousing, and wholesaling establishments

CONDITIONAL USES:   (SHALL NOT BE LOCATED NEARER THAN FIVE HUNDRED-500-FEET FROM ANY RESIDENTIAL AREA)

-   Sand and gravel operations subject to the development of appropriate environmental requirements/standards

-   Any production, processing, and sale of agricultural products produced in the region and related uses such as agricultural chemicals and fuels

(Ord. 19-1, passed 8-10-1998)

(Ord. 19-1, passed 8-10-1998; Res. 14-209, passed 2-24-2014)