The Office of the Zoning Administrator is hereby established; the Zoning Administrator shall be appointed by the City Council and serve at its pleasure.

(Prior Code, Ch. 300 § 501.01)

   (A)   The Zoning Administrator shall enforce the provisions of this chapter as provided herein; in addition to the duties and powers of the Zoning Administrator under this chapter, express or implied, the Administrator shall have the duty and power to:

      (1)   Issue permits required by this chapter;

      (2)   Conduct inspections of land, buildings, or structures at reasonable times, to determine compliance with and enforce the provisions of this chapter;

      (3)   Maintain all records necessary for the enforcement of this chapter; including but not limited to all maps, amendments, and special use permits, variances, appeal notices, and applications therefor;

      (4)   Receive, file, and forward all complete applications, appeals, notices, for variances, special use permits, or other matters to the appropriate officials or boards;

      (5)   Institute in the name of the city any appropriate actions or proceedings to enforce this chapter; and

      (6)   Serve as ex officio, nonvoting member of the Planning Commission.

(Prior Code, Ch. 300 § 502.01)

   (B)   Zoning Administrator summary:

 

(Prior Code, Ch. 300 § 502.02) (Am. Ord. 7555, passed 6-21-2016)

   (A)   Filing.

      (1)   Applications shall be filed with the Zoning Administrator. The application shall be accompanied by appropriate plans for the proposal, showing such information as may be reasonably required by the Administrator, including but not limited to those things listed below. Such plans shall contain sufficient information for the city to determinate whether the proposal will meet all applicable standards.

      (2)   In all cases, the application shall include the following applicable to the application:

         (a)   Name and address of the applicant. If the application is being made by someone other than the owner of the property, a signed statement from the owner must accompany the application authorizing the applicant to represent the property owner on this application;

         (b)   The name and address of the owners of the property and any person having a legal interest therein, if other than the applicant;

         (c)   The legal description of the property involved in the request as shown on a copy of the current property tax statement, including the street address, if any, of the property;

         (d)   The reason for the application;

         (e)   A site plan drawn to scale showing the property dimensions or a legal survey if requested by a representative of the city;

         (f)   Location of all existing and proposed buildings and their size, including square footage and elevation of finished building;

         (g)   Proposed floor plan and elevations of any building with use indicated;

         (h)   Sanitary sewer and water plan with estimated flow rates;

         (i)   Location of curb cuts, driveways, access road, parking spaces, off-street loading areas and sidewalks, if applicable;

         (j)   An applicant's certificate showing the names and addresses of the record owners of all property (obtained from the County Surveyor's office), located within a minimum of 500 feet of all the contiguous property owned by the applicant;

         (k)   Landscaping and screening plans including species and size of trees and shrubs proposed;

         (l)   Finished grade and drainage plan sufficient to drain and dispose of all surface water accumulated; and

         (m)   The application fee, as established by city ordinance, which can be changed from time to time.

      (3)   The application process will not proceed forward until all applicable items are provided to the Zoning Administrator and formally accepted as a completed application.

(Prior Code, Ch. 300 § 503.01)

   (B)   Public hearing. The Zoning Administrator shall process the application and schedule a public hearing before the Planning Commission or City Council (if required in § 159.021; see chart), and otherwise meet legal time requirements.

      (1)   Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application and such other persons as the Planning Commission may direct, as least 10 days prior to the date of the hearing. 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 the provisions of this section has been made.

      (2)   The applicant or the applicant's representative shall appear at the public hearing to answer questions concerning the proposed application.

(Prior Code, Ch. 300 § 503.02)

   (A)   There is hereby established a Board of Adjustment and Appeals. The Board of Adjustment and Appeals is the City Council, who shall have the following powers with respect to this chapter.

      (1)   The exclusive power 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 the Zoning Regulations.

      (2)   The exclusive power to hear requests for variance from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of this chapter. The Board of Adjustment and Appeals may not permit as a variance any use that is not permitted under this chapter for property in the zoning district where the land is located. The Board may permit as a variance the temporary use of a 1-family dwelling as a 2-family dwelling. The Board may impose conditions in the granting of a variance to ensure compliance and to protect adjacent properties.

         (a)   Variances shall be permitted:

            1.   When they are in harmony with the general purposes and intent of the ordinance; and

            2.   When the variances are consistent with the city’s comprehensive plan.

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

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

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

      (3)   If an official map has been adopted by the city, to hear and decide on appeal by the owner of land who has been denied a permit to build within the limits of lands delineated on an official map which has been adopted and filed by the city as provided by M.S. § 462.359, as it may be amended from time to time, and to grant a permit for building in that location in any case in which the Board finds, upon the evidence and the arguments presented to it, that:

         (a)   The entire property of the appellant of which the area identified for public purposes forms a part that cannot yield a reasonable return to the owner unless the permit is granted; and

         (b)   Balancing the interest of the City Council in preserving the integrity of the official map and of the city Comprehensive Plan and the interest of the owner of the property in use or that owner's property and in the benefits of ownership, the granting of the permit is required by considerations of justice and equity.

      (4)   In addition to the notice of hearing required by this chapter, a notice shall be published in the official newspaper once at least 10 days before the date of the hearing. If the Board of Adjustment authorizes the issuance of a permit, the Council or other board or commission having jurisdiction shall have 6 months from the date of the decision of the Board to institute proceedings to acquire the land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing building permits shall issue the permit if the application otherwise conforms to city ordinances. The Board shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted.

(Prior Code, Ch. 300 § 504.01)

   (B)   Appeals. An appeal from any order, requirement, decision, or determination of any administrative official may be taken by any person affected thereby, or by any officer, department, board or bureau of a town, municipality, county, or state within 30 days from the date of any such order, requirement, decision, or determination by filing with the Zoning Administrator a written notice of appeal.

      (1)   The notice of appeal shall state:

         (a)   The particular order, requirement, decision, or determination from which the appeal is taken;

         (b)   The name and address of the appellant;

         (c)   The grounds for the appeal; and

         (d)    The relief requested by the appellant.

      (2)   An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property.

      (3)   The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit.

(Prior Code, Ch. 300 § 504.02)

   (C)   Variances. An application for a variance shall be filed with the Zoning Administrator; the application shall be accompanied by development plans showing such information as the Zoning Administrator may reasonably require for purposes of this chapter.

      (1)   The plans shall contain sufficient information for the Board of Adjustment and Appeals to determine whether the proposed variance will meet all applicable development standards if the variance is granted.

      (2)   In all cases, the application shall include the following applicable to the application:

         (a)   Name and address of the applicant. If the application is being made by someone other than the owner of the property, a signed statement from the owner must accompany the application authorizing the applicant to represent the property owner on this application;

         (b)   The name and address of the owners of the property and any person having a legal interest therein, if other than the applicant;

         (c)   The legal description of the property involved in the request as shown on a copy of the current property tax statement, including the street address, if any, of the property;

         (d)   The reason for the application;

         (e)   A site plan drawn to scale showing the property dimensions or a legal survey if requested by a representative of the city;

         (f)   Location of all existing and proposed buildings and their size, including square footage and elevation of finished building;

         (g)   Proposed floor plan and elevations of any building with use indicated;

         (h)   Sanitary sewer and water plan with estimated flow rates;

         (i)   Location of curb cuts, driveways, access road, parking spaces, off-street loading areas, and sidewalks, if applicable;

         (j)   An applicant's certificate showing the names and addresses of the record owners of all property (obtained from the County Surveyor's office), located within a minimum of 500 feet of all the contiguous property owned by the applicant;

         (k)   Landscaping and screening plans, including species and size of trees and shrubs proposed;

         (l)   Finished grade and drainage plan sufficient to drain and dispose of all surface water accumulated; and

         (m)   The application fee, as established by city ordinance, which can be changed from time to time.

      (3)   The application process will not proceed forward until all applicable items are provided to the Zoning Administrator and the application is formally accepted as completed.

      (4)   The Board of Adjustment and Appeals may impose conditions in the granting of a variance which the Board may reasonably determine to be necessary to protect adjacent properties, preserve the public health, safety, and welfare and comply with the intent and purposes of this chapter.

      (5)   The Board of Adjustment and Appeals may also impose such conditions and requirements as are necessary to ensure compliance with the terms of the variance.

(Prior Code, Ch. 300 § 504.03) (Am. Ord. 7533, passed 6-19-2012)

   (D)   Public hearing. The Zoning Administrator shall process the application and schedule a public hearing before the Planning Commission or City Council, and otherwise meet legal time requirements.

      (1)   (a)   Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application and such other persons as the Planning Commission may direct, as least 10 days prior to the date of the hearing. 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.

         (b)   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 the provisions of this section has been made.

      (2)   The applicant or that applicant's representative shall appear at the public hearing to answer questions concerning the proposed application.

      (3)   On request of the Zoning Administrator, or Chairperson of the Planning Commission, the Board shall continue the hearing within the time prescribed by law, in order to allow the planning agency or its authorized representative to review and report to the Board on the matter.

      (4)   The Board of Adjustment and Appeals shall decide any appeal or any application for a variance and issue its order with respect thereto within 30 days from the date of the hearing or any other date extended by the Commission as provided or allowed by law.

(Prior Code, Ch. 300 § 504.04)

   (E)   Order.

      (1)   The Board of Adjustment and Appeals shall make written findings in any case of an appeal or application for a variance and shall state therein the reasons for its decision; the order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved.

      (2)   Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the appellant or applicant.

(Prior Code, Ch. 300 § 504.05)

   (F)   Decisions final. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative official or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed by an appropriate remedy in District Court as provided by law.

(Prior Code, Ch. 300 § 504.06)

   (A)   Generally.

      (1)   The City Council may grant a conditional use permit or an interim use permit, provided the proposed use is designated in § 159.005 or § 159.043 of this chapter as a conditional use or interim use for the district, upon finding that:

         (a)   Certain conditions as detailed in this chapter exist;

         (b)   The use or development conforms to the zoning regulations of the city;

         (c)   Is compatible with existing neighborhood; and/or

         (d)   Meets conditions or standards adopted by the city not incorporated in this chapter.

      (2)   Conditional use permits shall be granted for a particular property and use, and not for a particular person or firm.

      (3)   For all uses designated as a conditional use or interim use, the City Council may determine whether to require a conditional use permit or an interim use permit for the use.

(Prior Code, Ch. 300 § 505.01)

(Prior Code, Ch. 300 § 505.02)

      (1)   The plans shall contain sufficient information for the city to determine whether the proposed development will meet all applicable development standards.

         (a)   Name and address of the applicant. If the application is being made by someone other than the owner of the property, a signed statement from the owner must accompany the application authorizing the applicant to represent the property owner on this application;

         (b)   The name and address of the owners of the property and any person having a legal interest therein, if other than the applicant;

         (c)   The legal description of the property involved in the request as shown on a copy of the current property tax statement, including the street address, if any, of the property;

         (d)   A site plan drawn to scale showing the property dimensions or a legal survey if requested by a representative of the city;

         (e)   Location of all existing and proposed buildings and their size, including square footage and elevation of finished building;

         (f)   Proposed floor plan and elevations of any building with use indicated;

         (g)   Sanitary sewer and water plan with estimated flow rates;

         (h)   Location of curb cuts, driveways, access road, parking spaces, off-street loading areas and sidewalks, if applicable;

         (i)   Landscaping and screening plans, including species and size of trees and shrubs proposed;

         (j)   Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitations shall be made part of the application;

         (k)   A statement describing the reason for the application, including business or activity and number of employees;

         (l)   An applicant's certificate showing the names and addresses of the record owners of all property (obtained from the County Surveyor's office), located within a minimum of 500 feet of all the contiguous property owned by the applicant;

         (m)   A location map showing the general location of the proposed use within the city, along with a map showing all principal land use within 500 feet of the parcel for which the application is being made, certified as to its accuracy by the applicant; and

         (n)   The application fee, as established by city ordinance, which can be changed from time to time.

      (2)   The application process will not proceed forward until all applicable items are provided to the Zoning Administrator and formally accepted as a completed application.

      (3)   The applicant shall supply proof of ownership of the property for which the conditional use permit is requested, consisting of an abstract of title or registered property certificate, certified by a licensed abstractor, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership.

(Prior Code, Ch. 300 § 505.03)

   (D)   Public hearing. The Zoning Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting; however, if the next regular meeting of the Planning Commission is within 15 days of the date of filing, then such consideration may be at the second regular meeting after the filing. At that meeting, the Planning Commission shall conduct a public hearing on the application. The public hearing shall be scheduled by the Zoning Administrator and as provided or allowed by law.

      (1)   Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application and such other persons as the Planning Commission may direct, at least 10 days prior to the date of the hearing. 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 the provisions of this section has been made.

      (2)   The applicant or that applicant's representative must appear at the public hearing in order to answer questions concerning the proposed use.

(Prior Code, Ch. 300 § 505.04)

   (E)   Planning Commission report. The Planning Commission report on the application, as provided in the official minutes of the public hearing/Planning Commission meeting, shall be forwarded to the City Council, for consideration at its next regular meeting; unless the applicant consents to extending consideration by the Planning Commission.

      (1)   The report shall recommend that the conditional use permit or interim use permit be granted or denied and shall include the Planning Commission’s recommendation as to any conditions to be imposed if the conditional use permit or interim use permit is granted, including time limits or provisions for periodic review, and shall state the reasons therefor.

      (2)   The Planning Commission's report shall be referred by the Zoning Administrator to the City Council for consideration at its next regular meeting. At the same time, the Zoning Administrator shall mail to the applicant a copy of the Planning Commission report and a notice of the time and place of the meeting at which the report will be considered by the City Council.

(Prior Code, Ch. 300 § 505.05)

   (F)   City Council action on application.  

      (1)   The City Council shall make its decision on the application within the time prescribed by law. The City Council shall make written findings and state therein the reasons for its decision; and the Zoning Administrator shall mail a copy thereof bearing the notation of the filing date, to the applicant.

      (2)   The City Council may impose such conditions and restrictions, as appear to be necessary and proper to protect adjacent property and comply with the intent and purposes of this chapter and the Comprehensive Plan, as well as a specific expiration date on the interim use permit.

(Prior Code, Ch. 300 § 505.06)

(Prior Code, Ch. 300 § 505.07)

(Prior Code, Ch. 300 § 505.08)

(Prior Code, Ch. 300 § 505.09)

(Prior Code, Ch. 300 § 505.10)

(Prior Code, Ch. 300 § 505.11)

(Prior Code, Ch. 300 § 505.12) (Am. Ord. 7538, passed 6-21-2013; Am. Ord. 7548, passed 10-20-2015)

   (A)   The Zoning Administrator shall issue a city permit in any district for a proposed use listed in § 159.043 as a use which must obtain a city permit and/or certificate of compliance prior to construction, occupancy, or operation. City permits include but are not limited to building, grading and filling, parking, septic, sign, soil conservation, and vegetative cutting. The permit shall be granted for a particular use and not for a particular person or firm.

(Prior Code, Ch. 300 § 506.01)

   (B)   Conditions required by this chapter shall be applied to the issuance of the city permit and a periodic review of the permit and proposed use may be required. The permit shall be granted for a particular use and not for a particular person or firm.

(Prior Code, Ch. 300 § 506.02)

   (C)   The Zoning Administrator shall maintain a record of all city permits issued, including information on the use, location, and conditions imposed as part of the permit, such as time limits, review dates, and such other information as may be appropriate.

(Prior Code, Ch. 300 § 506.03)

   (D)   Whenever this chapter requires a city permit, an application therefor, in writing, shall be filed with the Zoning Administrator.

(Prior Code, Ch. 300 § 506.04)

   (E)   (1)   The application shall be accompanied by development plans of the proposed use showing such information as may be reasonably required by the Zoning Administrator, including but not limited to those listed below. These plans shall contain adequate information upon which the Zoning Administrator can determine the proposed development will meet all development standards if the project proceeds in accordance with the plans.

         (a)   Name and address of the applicant. If the application is being made by someone other than the owner of the property, a signed statement from the owner must accompany the application authorizing the applicant to represent the property owner on this application;

         (b)   The name and address of the owners of the property and any person having a legal interest therein, if other than the applicant;

         (c)   The legal description of the property involved in the request as shown on a copy of the current property tax statement, including the street address, if any, of the property;

         (d)   The reason for the application;

         (e)   A site plan drawn to scale showing the property dimensions or a legal survey if requested by a representative of the city;

         (f)   Location of all existing and proposed buildings and their size, including square footage and elevation of finished building;

         (g)   Proposed floor plan and elevations of any building with use indicated;

         (h)   Sanitary sewer and water plan with estimated flow rates;

         (i)   Location of curb cuts, driveways, access road, parking spaces, off-street loading areas and sidewalks, if applicable;

         (j)   An applicant's certificate showing the names and addresses of the record owners of all property (obtained from the County Surveyor's office), located within a minimum of 500 feet of all the contiguous property owned by the applicant; and

         (k)   The application fee, as established by city ordinance, which can be changed from time to time.

      (2)   The application process will not proceed forward until all applicable items are provided to the Zoning Administrator and formally accepted as a completed application.

(Prior Code, Ch. 300 § 506.05)

   (F)   The Zoning Administrator shall issue or deny the request within 10 days of the date on which all of the required information has been submitted.

(Prior Code, Ch. 300 § 506.06)

   (G)   If no such action on the request for a city permit is taken within that time, the request for a city permit shall be considered denied.

(Prior Code, Ch. 300 § 506.07)

   (H)   If the request for a city permit is denied or if conditions are imposed, the applicant may appeal the decision to the City Council. The procedures to be followed in this case shall be the same as those followed for an appeal to any administrative decision made by the Zoning Administrator.

(Prior Code, Ch. 300 § 506.08)

   (A)   Initiation. An amendment to this chapter may be initiated by the City Council, the Planning Commission or by petition of affected property owners as defined herein. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report, as hereinafter provided, and may not be acted upon by the Council until it has received the recommendation of the planning agency on the proposed amendment or until 30 days have elapsed from the date of reference of the amendment without a report by the Planning Commission.

(Prior Code, Ch. 300 § 508.01)

   (B)   Record. The Zoning Administrator shall maintain a record of all applications for amendments to this chapter.

(Prior Code, Ch. 300 § 508.02)

   (C)   Application. Where an amendment to this chapter is proposed by a property owner, an application therefor shall be filed with the Zoning Administrator; the application shall be accompanied by development plans, if any, for the use which requires the rezoning. The development plans shall show such information as may be reasonably required by the Administrator, including but not limited to those things listed below.

      (1)   The plans shall contain sufficient information for the city to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the Comprehensive Plan.

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

         (b)   Location of all buildings and their size, including square footage;

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

         (d)   Landscaping and screening plans, including species and size of trees and shrubs proposed;

         (e)   Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated within the area;

         (f)   Type of business or activity and proposed number of employees;

         (g)   Proposed floor plan and elevations of any building with use indicated;

         (h)   Sanitary sewer and water plan with estimated daily flow rates;

         (i)   Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome the limitation shall be made part of the application;

         (j)   A location map showing the general location of the proposed use within the city; and

         (k)   A map showing all principal land use within 500 feet of the parcel for which application is being made.

      (2)   The applicant shall supply proof of ownership of the property for which the amendment is requested consisting of an abstract of title or registered property certificate, certified by a licensed abstractor, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership.

      (3)   The application form shall be accompanied by an accurate list showing the names and the mailing addresses of the record owners of all the property within a minimum of 500 feet of the property for which the amendment is sought, verified as to accuracy by the applicant.

(Prior Code, Ch. 300 § 508.03)

   (D)   Public hearing. The Zoning Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting; provided, however, if the next regular meeting of the Planning Commission is within 15 days of the date of filing, then such consideration may be at the second regular meeting after the filing. At that meeting, the Planning Commission shall conduct a public hearing on the application. The public hearing shall be scheduled by the Zoning Administrator within the times specified by law.

      (1)   Notice of the purpose, time, and place of the public hearing shall be published in the official newspaper of the city and mailed to each of the owners of all property located within a minimum of 500 feet of the property described in the application, and such other person as the Planning Commission may direct, at least 10 days prior to the date of the hearing. 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 notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

      (2)   The applicant or that applicant's representative may appear at the public hearing in order to answer questions concerning the proposed use.

(Prior Code, Ch. 300 § 508.04)

   (E)   Planning Commission report. The Planning Commission report on the application, as provided in the official minutes of the public hearing/Planning Commission meeting, shall be forwarded to the City Council, for consideration at its next regular meeting; unless the applicant consents to extending consideration by the Planning Commission. The report shall recommend that the amendment be granted or denied and shall include the Planning Commission's recommendation as to any conditions to be imposed if the amendment is granted, including time limits or provisions for periodic review and shall state the reasons therefor.

      (1)   The Planning Commission's report may be filed with the Zoning Administrator who shall refer the same to the Council for consideration at its next regular meeting; provided, however, if the next regular meeting of the Council is within 7 days of the date of filing, then the consideration may be at the second regular meeting after the filing. At the same time, the Zoning Administrator shall mail to the applicant a copy of the Planning Commission's report and a notice of the time and place of the meeting at which the City Council will consider the report.

      (2)   If the Planning Commission fails to file a report with the Zoning Administrator within the time provided by this section, the application shall be referred to the Council as herein provided, without report, after the time for filing the report has expired.

(Prior Code, Ch. 300 § 508.05)

   (F)   Council action on application.  

      (1)   The Council shall make its decision on the application within the time specified by law. The Council shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof, bearing the notation of the filing date, to the applicant.

      (2)   In the event the order directs amendment of this chapter, the Zoning Administrator shall refer the order to the City Attorney to prepare an amendment of this chapter as provided by law.

(Prior Code, Ch. 300 § 508.06)

   (G)   Re-application. No re-application for zoning amendment shall be resubmitted for a period of 6 months from the date of the denial of a previous application.

(Prior Code, Ch. 300 § 508.07)

   (H)   Planned unit development. Any application for amendment to this chapter which relates to a specific tract of land shall be considered an application for a planned unit development permit under the provisions of §§ 159.060 through 159.068, and the provisions of that subchapter relating to applications for permit and review thereof shall be controlling over the provisions of this section; except where the application for amendment involves only a change in the boundaries of existing zoning districts or reclassification of land from one existing zoning classification to another existing classification.

(Prior Code, Ch. 300 § 508.08)

   (I)   Zoning and the Comprehensive Plan. Any amendment to this chapter shall amend the Comprehensive Plan in accordance therewith. The Planning Commission shall inform the Council of any zoning proposal which does not conform to the Comprehensive Plan and inform the Council as to why the plan should or should not be amended.

(Prior Code, Ch. 300 § 508.09)

   (J)   Hearing. Prior to approval of any zoning change not conforming to the Comprehensive Plan, a public hearing shall be conducted by the Planning Commission and the results noted in the minutes of the official proceedings. The public hearing required for the zoning change or amendment may also serve as the public hearing for an amendment to the Comprehensive Plan.

(Prior Code, Ch. 300 § 508.10)

   (K)   Amendments. The City Council may adopt or amend a zoning ordinance by a majority vote of all its members, unless the adoption or amendment of any portion of a zoning ordinance would change all or part of the existing classification of a zoning district from residential to either commercial or industrial; then, pursuant to M.S. § 462.357, as it may be amended from time to time, the adoption or amendment requires a 2/3 majority vote of all members.

(Prior Code, Ch. 300 § 508.11)

   (L)   Compliance. In granting or recommending any rezoning provided for in this chapter, the Zoning Administrator, the Planning Commission or City Council shall find that the proposed development conforms substantially to the policies, goals, and standards of the Comprehensive Plan.

(Prior Code, Ch. 300 § 508.12)

   (A)   Building permits and the building codes.

      (1)   No structure shall hereafter be erected or structurally altered until a building permit shall have been issued, indicating that the existing or proposed structure and the use of the land comply with this chapter and all building codes.

      (2)   Building permits shall not be issued unless the proposed improvement meets all of the requirements of the Building Code.

      (3)   No site preparation work, including rough grading, driveway construction, footing excavation, tree removal, or other physical changes to the site shall occur prior to the issuance of a building permit and other zoning use permits.

      (4)   Applications for permits as required by this section shall be made to the Zoning Administrator or Building Official on forms to be furnished by that Administrator or Official. The Zoning Administrator or Building Official shall maintain a record of all applications for and all permits issued under this section.

      (5)   Application for a building permit shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon, the size and location of the building, utilities including on-site septic systems and accessory buildings to be erected, the vegetation and major topographic changes and drawings of the improvement in sufficient detail to permit checking against the Building Code, and such other information as the Zoning Administrator or Building Official may reasonably require to determine compliance with this chapter and the Building Code. In some cases, the Zoning Administrator may require a certificate of survey before a building permit will be issued.

      (6)   No building permit shall be issued for any improvement which would result in a use, building or structure in violation of this chapter, or Chapters 154, 156, 157, 158 or other city ordinance.

      (7)   All exterior work shall be completed within 180 days of the date of permit issuance.

      (8)   Permits issued by the Zoning Administrator or Building Official under the provisions of this division and the Building Code shall expire and be null and void if the work authorized by a permit is abandoned or suspended for a period of 120 days or in the event that work is not commenced or completed within the time limitations of division (A)(7) of this section.

      (9)   The Building Official may, in writing, suspend, or revoke a permit issued under the provisions of this chapter and the Building Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any city ordinance, regulation, or code.

(Prior Code, Ch. 300 § 509.01)

   (B)   Moving permits.  

      (1)   No building or structure which has been wholly or partially erected shall be moved to any other location within the city unless a permit to move the building or structure has been obtained or provided herein. Any such building or structure proposed to be moved shall meet all requirements of the Building Code applicable to a new building or structure.

      (2)   This division (B) shall not apply to construction sheds, agricultural buildings or temporary structures to be located on a lot for 12 months or less.

(Prior Code, Ch. 300 § 509.02)

   (C)   Septic permits.  

      (1)   In areas without public sewer facilities, no building permit for any use requiring on-site sewage treatment and disposal shall be issued until a septic permit has first been issued.

      (2)   A septic permit shall be issued only after proof is furnished by the applicant that a suitable on-site sewage treatment and disposal system can be installed on the site. Such system shall conform to all of the requirements of Chapter 157, including percolation tests and borings.

(Prior Code, Ch. 300 § 509.03)

   (D)   Grading permits. No person shall do any grading without first having obtained a grading permit from the Zoning Administrator or Building Official except for the following:

      (1)   Grading in an isolated, self-contained area if there is no danger apparent to private or public property;

      (2)   An excavation below finished grade for basements and footing of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of the structure;

      (3)   Cemetery graves;

      (4)   Refuse disposal sites controlled by other regulations;

      (5)   Excavations for wells or tunnels or utilities;

      (6)   Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

      (7)   Exploratory excavations under the direction of soil engineers or engineering geologists;

      (8)   An excavation which is less than 2 feet in depth or which does not create a cut slope greater than 5 feet in height and steeper than 1-1/2 horizontal to 1 vertical; and/or

      (9)   A fill less than 1 foot in depth, and placed on natural terrain with a slope flatter than 5 horizontal to 1 vertical, or less than 3 feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any 1 lot and does not obstruct a drainage course.

(Prior Code, Ch. 300 § 509.04)

   (E)   Sign permits. Sign permits shall be required as stated in §§ 159.180 through 159.205.

(Prior Code, Ch. 300 § 509.05) (Am. Ord. 7555, passed 6-21-2016)

   (A)   No person may change the use of any land (except for agricultural purposes or for construction of essential services and transmission lines), or occupy a new or structurally altered building used for nonagricultural use, after the effective date of this chapter, unless that person has first obtained a certificate of occupancy.

(Prior Code, Ch. 300 § 510.01)

   (B)   Application for a certificate of occupancy for a new building or for an existing building which has been so altered may be filed with the Building Official any time after the application for a building permit for the building. The certificate of occupancy shall be issued within 10 days after the construction or alteration of the building or part thereof has been completed in conformity with the provisions of this chapter and the Building Code. Pending the issuance of the certificate, a temporary certificate of occupancy may be issued, subject to the provisions of the Building Code. The temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter except under such restrictions and provisions as will adequately ensure the safety of the occupants. The use of any structure for which a building permit is required shall be considered a violation of this chapter unless a certificate of occupancy has been issued.

(Prior Code, Ch. 300 § 510.02)

   (C)   Application for a certificate of occupancy for a new use of land shall be made to the Building Official before any such land shall be so used. The certificate of occupancy shall be issued within 10 days after this application if the use is in conformity with the provisions of this chapter.

(Prior Code, Ch. 300 § 510.03)

   (D)   A record of all applications for and certificates of occupancy shall be kept on file.

(Prior Code, Ch. 300 § 510.04) (Am. Ord. 7555, passed 6-21-2016)

   (A)   The city is authorized to impose fees, rates, or charges; and the same shall be enumerated in this section, pursuant to the Master Fee Schedule incorporated into the code as § 33.01. The Master Fee Schedule is subject to change and modification by ordinance adopted by the City Council. In the event of any conflict between this section and any other provision of the code, the more restrictive shall control.

(Prior Code, Ch. 300 § 511.01)

   (B)   The city is authorized to require escrow deposits in addition to application fees; and the same shall be enumerated in this section, pursuant to the Master Fee Schedule hereby incorporated into the code as § 33.01. The Master Fee Schedule is subject to change and modification by ordinance of the City Council. In the event of any conflict between this section and any other provision of the code, the more restrictive shall control.

(Prior Code, Ch. 300 § 511.02)

   (C)   Escrow deposits will provide the city necessary cash in an amount estimated to be adequate to secure all city out-of-pocket expenses, including but not limited to attorneys' fees, engineering fees, planning fees, and the like, to complete the project. Should service costs approach the escrow total, the applicant will be required to provide additional funds in the amount determined by city staff; and the project will be suspended until additional funds have been submitted. Any unused funds shall be returned to the applicant.

(Am. Ord. 7511, passed 12-18-2007)

   (A)   No zoning, building permit, structure, or land use, variance, or ordinance amendment shall be approved prior to review by the Zoning Administrator to determine the necessity for completion of a Minnesota Environmental Assessment Worksheet (EAW) as required by the Minnesota Environmental Quality Board Regulations.

(Prior Code, Ch. 300 § 512.01)

   (B)   The purpose of an EAW is to assess rapidly, in a worksheet format, whether a proposed action is a major action with the potential for significant environmental effects, or in the case of a private action, whether it is of more than local significance.

(Prior Code, Ch. 300 § 512.02)

   (C)   Projects which shall be required to file a mandatory Environmental Assessment Worksheet (EAW) shall include:

      (1)   Construction of a new industrial park or more than 320 acres in size;

      (2)   Construction of a facility or integral group of facilities with at least 250,000 square feet of commercial or retail floor space or 175,000 square feet of industrial floor space, or a mixture of commercial, industrial and retail floor space totaling 250,000 square feet, unless located in an industrial park for which an EIS has already been prepared;

      (3)   Any industrial, commercial, or residential development of 40 or more acres, any part of which is within a floodplain, as defined by the Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota;

      (4)   Construction of a commercial or industrial development, any part of which is within a shoreland area (as defined by M.S. § 105.484, as it may be amended from time to time, covering 20,000 or more square feet of ground space, not including access roads or parking spaces, and located on a parcel of land having 1,500 feet or more of shoreland frontage;

      (5)   Construction of a facility that generates more than a maximum of 2,500 vehicle trips per hour or a maximum of 12,500 vehicle trips per 8-hour period;

      (6)   Construction or opening of a facility for mining gravel, other nonmetallic minerals, and fuels involving more than 320 acres;

      (7)   An action that will eliminate or significantly alter a wetland of Type 3, 4 or 5 (as defined in United States Department of Interior, Fish and Wildlife Service, Circular 39, "Wetlands of the United States, 1956") of 5 or more acres either singly or in a complex of 2 or more wetlands;

      (8)   Any marina and harbor project of more than 20,000 square feet of surface area;

      (9)   Construction of a new or additional residential development that includes 100 or more units in an un-sewered area or 500 or more units in a sewered area;

      (10)   Construction of a residential development consisting of 50 or more residential units, any part of which is within a shoreland area;

      (11)   Construction of a development consisting of condominium type campgrounds, mobile home parks, or other semi-permanent residential and/or recreational facilities, any part of which is within a shoreland area exceeding a total of 50 units or, if located in areas other than above, exceeding a total of 100 units; and

      (12)   Conversion of 40 or more contiguous acres of forest cover to a different land use.

(Prior Code, Ch. 300 § 512.03)

   (D)   An option EAW may be required by the City Zoning Administrator or City Council or by any project applicant on any proposed action to determine if the project has the potential for significant environmental effects or if the project is of more than significance, provided any of the following situations exist:

      (1)   The proposed project is in or near an area recognized in the City Comprehensive Plan as being environmentally sensitive due to steep slopes, bluffline exposed bedrock, floodplain or wetlands, streams or drainage areas, groundwater, erodible soils, prime agricultural soils, or unique vegetation;

      (2)   The proposed project is in or near an area of natural aesthetics, scenic views, delineated critical area or unique natural beauty as recognized by the Comprehensive Plan, Planning Commission or City Council;

      (3)   The proposed project significantly alters existing traffic patterns or increases the noise level on the roads or streets by more than 10%;

      (4)   The proposed project is adjacent to or near a public recreation land or facility and alters or increases use, noise levels, traffic, or degrades air quality or natural aesthetics as viewed from the facility;

      (5)   The project proposed is the construction of a new industrial park of over 100 acres in size;

      (6)   The proposed project is the construction of a facility or integral group of facilities with at least 100,000 square feet of commercial or retail floor space or at least 100,000 square feet of industrial floor space, or a mixture of commercial, industrial, and retail floor space totaling at least 100,000 square feet, unless located in an approved area for which an EIS has already been prepared;

      (7)   The proposed project is construction or opening of a facility for mining and/or processing of gravel, sand, other nonmetallic minerals and fuels involving more than 50 acres; or

      (8)   The proposed project involves the construction of new or additional residential subdivisions that include 50 or more lots in an unsewered area.

(Prior Code, Ch. 300 § 512.04)

   (E)   The City Zoning Administrator or City Council shall cause to be prepared an Environmental Assessment Worksheet which is mandatory or optionally required. The project proposer shall provide to the Zoning Administrator a draft worksheet. Pursuant to Minn. Administrative Rule 4410.100, as it may be amended from time to time, if the Zoning Administrator determines the proposer's submittal is complete, the Zoning Administrator shall notify the proposer of the acceptance of the submittal within 5 days. If the Zoning Administrator determines that the submittal is incomplete, the Zoning Administrator shall promptly return the submittal to the proposer for completion of the missing data. If the Zoning Administrator cannot complete the EAW because of time or interest conflicts, the Zoning Administrator may utilize professional consultants to gather necessary information and to complete the worksheet.

(Prior Code, Ch. 300 § 512.05)

   (F)   Upon completion of the worksheet, the Zoning Administrator shall write a recommended finding from the worksheet on whether or not there are significant environmental effects or effects of more than local significance which shall require a Minnesota Environmental Impact Statement.

(Prior Code, Ch. 300 § 512.06)

   (G)   The Zoning Administrator shall submit the Environmental Assessment Worksheet and the Administrator's recommendation finding to the Planning Commission at its next regular meeting or special meeting before the next regularly scheduled City Council meeting. After reviewing the Zoning Administrator's written findings, the Planning Commission shall recommend to the City Council whether or not there are significant environmental effects from the project to require the writing of an impact statement. The Planning Commission may hear appeals of the Zoning Administrator's recommendation at this meeting.

(Prior Code, Ch. 300 § 512.07)

   (H)   Within 30 days from notification of the proposer's acceptance, the City Council shall have reviewed any appeals, the Zoning Administrator's written finding, and the Planning Commission recommendation and shall have forwarded its final decision on the necessity for preparing an Environmental Impact Statement to the Minnesota Environmental Quality Board to be officially published in the Environmental Quality Board Monitor. The City Council shall not be responsible for the completeness and accuracy of all information.

(Prior Code, Ch. 300 § 512.08)

   (I)   (1)   Copies of the Zoning Administrator's written findings on the worksheet and the City Council's final decision shall be distributed, within 5 days of the approval, to:

         (a)   Each member of the EQB board;

         (b)   The proposer of the project;

         (c)   The U.S. Corps of Engineers,

         (d)   The U.S. Environmental Protection Agency,

         (e)   The U.S. Fish and Wildlife Service;

         (f)   The State Historical Society;

         (g)   The Environmental Conservation Library;

         (h)   The Legislative Reference Library;

         (i)   The Regional Development Commission and regional development library for the region of the project site;

         (j)   The local governmental unit within which the project will take place;

         (k)   The representative of any petitioners pursuant to Minn. Administrative Code 4410.1100, as it may be amended from time to time; and

         (l)   Any other person upon written request.

      (2)   The Zoning Administrator shall also submit an affidavit certifying the date and places copies of the worksheet were submitted.

(Prior Code, Ch. 300 § 512.09)

   (J)   Within 5 days of the date of submission of the EAW to the EQB staff, the City Council shall provide a press release, containing notice of the availability of the EAW for public review, to at least 1 newspaper of general circulation within the area where the project is proposed. The press release shall include the name and location of the project, a brief description of the project, the location at which copies of the EAW are available for review, the date the comment period expires, and the procedures for commenting. The City Council shall also publish legal notice or advertisement, which includes that which must be included in the press release, of the availability of the EAW additionally if the proposer requests and agrees to pay for the notice or advertisement.

(Prior Code, Ch. 300 § 512.10)

   (K)   Thirty days after the date of the publication of the City Council's decision in the Environmental Quality Board Monitor, if no objections are filed with the EQB, the decision stands.

(Prior Code, Ch. 300 § 512.11)

   (L)   If preparation of an EIS is required, the proponent shall follow the procedure outlined in the State of Minnesota Quality Board Regulations concerning Environmental Impact Statements. A draft impact statement, as prepared by or under the direction of the Zoning Administrator, shall be prepared and filed with the EQB within 120 days of the decision to require an Environmental Impact Statement.

(Prior Code, Ch. 300 § 512.12)

   (M)   Any proposed project or use on which an EIS is required shall be considered a conditional use as defined in the current zoning ordinance and shall comply with the procedure for approval of a conditional use permit. Mitigating recommendations of the EIS shall be incorporated as conditions of issuance on the conditional use permit.

(Prior Code, Ch. 300 § 512.13)

   (N)   Time delays in the normal permit process caused by the filing and review of the EAW and/or EIS shall not be considered part of the permit approval time requirements within this chapter. Such delays shall be considered as additional required time for each required permit. The permit process for the proposed project may be continued from the point it was interrupted by the worksheet/EIS process.

(Prior Code, Ch. 300 § 512.14)

   (O)   Construction begun on projects requiring an EAW shall be halted at such time as an EIS is officially required by the Environmental Quality Board or City Council regulations.

(Prior Code, Ch. 300 § 512.15)

   (P)   Any applicant shall agree in writing as part of that applicant's application to reimburse the City Council prior to the issuance of any permits, for all reasonable costs, including legal and consultant fees incurred by the City Council in review of the applicant's project and its impact on the city.

(Prior Code, Ch. 300 § 512.16)

   (Q)   (1)   The applicant shall deposit with the city from time to time an amount determined by the Zoning Administrator necessary to cover the costs prior to commencement of the review or stage of the review.

      (2)   The applicant shall reimburse the Security Fund for any deficits caused if the amount actually expended or billed to the city by the consultants exceeds the Security Fund balance.

         (a)   The city shall refund any money deposited in the Security Fund and not expended within 30 days after final action on the application.

         (b)   The city shall not pay interest on these security deposits.

(Prior Code, Ch. 300 § 512.17)