The town board shall act as a board of adjustment and appeals.

(Code 2004, § 807.13(subd. 1))

All written reports and recommendations to the town board serving as the board of adjustment and appeals from the planning and zoning commission and the town staff shall be entered in and made part of the permanent written record of the board's meeting.

(Code 2004, § 807.13(subd. 2))

In considering requests for a variance or appeal and in taking subsequent action, the staff, the planning and zoning commission and the town board serving as the board of adjustment and appeals shall make a finding of fact that the proposed action will not:

(1)

Impair an adequate supply of light and air to adjacent property.

(2)

Unreasonably increase the congestion in the public street.

(3)

Increase the danger of fire or endanger the public safety.

(4)

Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this chapter.

(Code 2004, § 807.13(subd. 3))

The town board serving as the board of adjustment and appeals shall, after receiving the written reports and recommendations of the planning and zoning commission and the staff, make a finding of fact and decide upon requests for a variance by approving or denying the same, in part or in whole, where it is alleged by the applicant that a noneconomic practical difficulty in the reasonable use of a specific parcel of property exists. A practical difficulty that by some reason of narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record upon the effective date of the ordinance from which this chapter is derived or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of this chapter would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which said lot or parcel is located, or would create a practical difficulty upon the owner of such lot or parcel that the owner of another lot or parcel within the same district would not have if he were to develop his lot or parcel in a manner proposed by the appellant. Should the town board find that the conditions outlined heretofore apply to the proposed lot or parcel, the board may grant a variance from the strict application of this chapter so as to relieve such difficulties to the degree considered reasonable, provided such relief may be granted without impairing the intent of this chapter. The planning and zoning commission based upon a report and recommendation by the staff shall have the power to advise and recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the interest of the intent and purpose of this chapter.

(Code 2004, § 807.13(subd. 4); Ord. No. 208, § 1, 3-28-2023)

The town board serving as the board of adjustment and appeals shall, after receiving the written report and recommendations of the planning and zoning commission and the staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirements, decision or determination made by the building official in the enforcement of this chapter. However, said appeal shall be filed not later than 90 days after the appellant has received a written notice from the building official or said appeal shall be considered void.

(Code 2004, § 807.13(subd. 5))

The purpose of a conditional use permit is to provide the town with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination whether or not the conditional use is to be allowed, the town may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises or on any adjoining roads and all such other or further factors as the town shall deem a requisite of consideration in determining the effect of such use on the general welfare, public health and safety.

(Code 2004, § 807.12(subd. 3(1)))

Whenever an application for a conditional use permit has been considered and denied by the town board, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the planning and zoning commission or board for at least six months from the date of its denial, and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning and zoning commission or board for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority vote of the town board.

(Code 2004, § 807.12(subd. 3(2)))

Whenever within one year after granting a conditional use permit the work as permitted by the permit shall not have been completed, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the town board. Such extension shall be requested in writing and filed with the town clerk at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. Such petition shall be presented to the planning and zoning commission for a recommendation and to the board for a decision.

(Code 2004, § 807.12(subd. 3(3)))

(a)

Where deemed necessary by the town board upon approval of a conditional use permit, the town shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the conditional use permit and the town ordinances.

(b)

The security shall be 150 percent of the town engineer's or building official's estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the town engineer and/or building official.

(c)

The town shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and town ordinances has been issued by the town building official.

(d)

Failure to comply with the conditions of the conditional use permit and/or the town ordinances shall result in forfeiture of the security.

(Code 2004, § 807.12(subd. 3(4)))

Where the town board or the applicant desires to limit the duration of a conditional use, such use will be deemed an interim use pursuant to Minnesota Statutes. Every conditional use permitted in a district may be permitted as an interim use either by request of the applicant at the time of application or by recommendation of the planning and zoning commission and approval of the town board.

(Code 2004, § 807.12(subd. 4(1)); Ord. No. 166, § G, 4-24-2018)

If the applicant requests that the application be considered as an interim use on the initial application, the notice of public hearing shall state the use is proposed as an interim use and state the duration requested by the applicant. If the planning and zoning commission or town board moves to consider the application as a conditional use, a new public hearing will be required and the notice of the hearing shall state that the purpose of the hearing is to consider the application as a conditional use.

(Code 2004, § 807.12(subd. 4(2)))

The planning and zoning commission shall recommend an interim use permit, and the town board shall issue an interim use permit only if it finds that such use at the proposed location:

(1)

Conforms to the zoning regulations for the district;

(2)

The date or event that will terminate the use can be identified with certainty;

(3)

Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

(4)

The user agrees to any conditions that the town board deems appropriate for permission of the use.

(Code 2004, § 807.12(subd. 4(3)))

An interim use permit shall terminate on the happening of the following events, whichever first occurs:

(1)

The date stated in the permit;

(2)

The sale of the property;

(3)

A violation of conditions under which the permit was issued; or

(4)

A change in the town's zoning regulations which terminates or renders the use nonconforming.

(Code 2004, § 807.12(subd. 4(4)))

The town board or planning and zoning commission may, upon its own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the town may initiate a request to amend the district boundaries or text of this chapter so as to affect the said real estate.

(Code 2004, § 807.12(subd. 2))

Requests for amendments, conditional use permits and interim use permits as provided within this chapter shall be filed with the town clerk on an official application form. Such applications shall be accompanied by a fee as outlined in division 9 of this article. This fee shall not be refunded. Each such application shall be accompanied by three copies of detailed written and graphic materials fully explaining the proposed change, development or use.

(Code 2004, § 807.12(subd. 1(1)); Ord. No. 166, § A, 4-24-2018)

The amendment, conditional use or interim use application shall be referred to the zoning administrator for a staff report and recommendations to be presented to the planning and zoning commission. The town staff's report and recommendations shall be given to the planning and zoning commission at least ten days prior to the meeting at which said report and recommendations are to be presented. The report and recommendations of the town staff are to be entered in and made part of the permanent written record of the planning and zoning commission meeting.

(Code 2004, § 807.12(subd. 1(4)); Ord. No. 166, § D, 4-24-2018)

(a)

The planning and zoning commission shall consider the request at its next regular meeting unless the filing date falls within 25 days of said meeting, in which case the request shall be placed on the agenda and considered at the regular meeting following the next regular meeting.

(b)

The applicant or a representative thereof shall appear before the planning and zoning commission in order to answer questions concerning the proposed amendment, conditional use or interim use.

(Code 2004, § 807.12(subd. 1(2), (3)); Ord. No. 166, §§ B, C, 4-24-2018)

The planning and zoning commission shall consider possible adverse effects of the proposed amendment, conditional or interim use. Its judgment shall be based upon, but shall not be limited to, the following factors:

(1)

Relationship to town plans and the geographical area involved.

(2)

Whether the use will depreciate the area in which it is proposed.

(3)

The character of the surrounding area.

(4)

The demonstrated need for such use.

(5)

Whether the proposed use would cause odors, dust, flies, vermin, smoke, gas, noise or vibration or would impose hazards to life or property in the neighborhood.

(6)

Whether such use would inherently lead to or encourage disturbing influences in the neighborhood.

(7)

Whether stored equipment or materials would be screened and whether there would be continuous operation within the visible range of surrounding residences.

(8)

In addition, technical data may be requested, where pertinent, with regard to proposed activities especially those areas which exhibit outstanding environmental characteristics. Planning and zoning commission review may include, but is not limited to, consideration of the following:

a.

Submission of plans, including a survey by a state registered land surveyor, in duplicate, drawn to scale, showing the nature, location, dimensions and elevation of the lot or plot, existing and proposed obstructions to the location of the critical environmental features in the area.

b.

Submission of high water information, all drainage areas, all land forms and adjacent marshes and wet areas in the area.

c.

A survey by a state registered land surveyor showing elevations or contours of the ground, pertinent obstruction elevations, size, location and arrangement of all proposed and existing obstructions on the site, location and elevations of streets, water supply and sanitary facilities, photographs showing existing land uses and vegetation in the general area and soil types.

d.

Specifications for building construction and materials and any proposed filling, dredging, grading, storage of materials, water supply (including withdrawal and discharge of ground and surface water) and sanitary facilities on the site.

e.

Description of the water quality, maximum yearly withdrawal of groundwaters and the impact on the surrounding environment of discharged surface water and groundwater.

f.

Statement of the private and public benefits anticipated from the proposed activity, the alternatives to the proposed activity and the overall effect of the proposed activity on surrounding creeks, marshes and wet areas that will result if the conditional use permit or amendment is granted.

(Code 2004, § 807.12(subd. 1(5)(A)—(H6)))

Any changes in existing drainage patterns will be examined to determine that no proposed use will result in water run-off causing flooding, erosion or deposit of minerals on adjacent properties. Such run-off shall be properly channeled into a watercourse, ponding area or other public facilities. Any change in grade affecting water run-off onto adjacent property must be as approved by the town board.

(Code 2004, § 807.12(subd. 1(5)(H7)))

The board, planning and zoning commission and town staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(Code 2004, § 807.12(subd. 1(5)(H8)); Ord. No. 166, § E, 4-24-2018)

The town clerk or designee shall set a date for the public hearing. Notice of the hearing shall be published in conformance with state law and individual notices shall be mailed not less than ten days nor more than 30 days prior to the hearing. In the case of a district change, notices shall be mailed to all owners of property within one-half mile of the affected property. In the case of a conditional use or interim use permit request, notices shall be mailed to all owners of property within one-quarter mile of the affected property or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners. All mailing expenses shall be paid by the applicant.

(Code 2004, § 807.12(subd. 1(5)(H9)); Ord. No. 218, § 3, 11-26-2024)

Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter.

(Code 2004, § 807.12(subd. 1(5)(H10)))

The planning and zoning commission shall make a findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. Such recommendation shall be in writing and accompanied by the report and recommendation of the town staff.

(Code 2004, § 807.12(subd. 1(5)(H11)))

Upon receiving the report and recommendation of the planning and zoning commission and the staff, the town board shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the board meeting.

(Code 2004, § 807.12(subd. 1(5)(H13)))

Upon receiving the report and recommendation of the planning and zoning commission and the staff, the town board shall have the option to set and hold an additional public hearing if deemed necessary and shall make a recorded finding of fact and shall impose any condition it considers necessary to protect the public health, safety and welfare. When appropriate, restrictive covenants may be entered into these conditions or restrictions, in addition to those matters referenced in section 30-171, may take into account the following:

(1)

Matters relating to architecture or appearance.

(2)

Establishing hours of operation.

(3)

Increasing the required lot size or yard dimension.

(4)

Limiting the height, size or location of buildings.

(5)

Controlling the location and number of vehicle access points.

(6)

Increasing the street width.

(7)

Increasing the number of required off-street parking spaces.

(8)

Limiting the number, size, location or lighting of signs.

(9)

Requiring diking, fences, screening, landscaping or other facilities to protect adjacent or nearby property.

(10)

Designating sites for open space.

(11)

Limiting the duration of the use by establishing a date or event by which the operation must cease. Where the town board establishes an event after which operation must cease, the event must be identified with certainty and such event may be the rezoning of the land or a change in the uses permitted with the district. The board may also set forth a period of time after an event by which the operation must cease.

(Code 2004, § 807.12(subd. 1(5)(H14)))

(a)

Approval of a request shall require passage by a majority vote of the town board.

(b)

The town clerk shall notify the applicant of the board's decision in writing.

(Code 2004, § 807.12(subd. 1(6), (7)); Ord. No. 166, § F, 4-24-2018)

Requests for a variance or an appeal shall be filed with the town clerk or designee on an official application form. The application shall be accompanied by a fee as provided in section 2-249. This fee shall not be refunded. The application shall also be accompanied by three copies of detailed written and graphic materials.

(Code 2004, § 807.13(subd. 6(1)); Ord. No. 167, § A, 4-24-2018)

Upon receiving the completed application, the town clerk shall publish a notice of public hearing at least ten days prior to the next planning and zoning commission regular meeting. The notice of the public hearing will also be posted and mailed to all property owners within a 500-foot radius of the subject property. The planning and zoning commission shall consider the variance or appeal at that meeting.

(Code 2004, § 807.13(subd. 6(2)); Ord. No. 167, § B, 4-24-2018)

The town clerk or designee shall refer said request and all related information to the zoning administrator for a staff report and recommendation to the planning and zoning commission.

(Code 2004, § 807.13(subd. 6(3)); Ord. No. 167, § C, 4-24-2018)

The planning and zoning commission shall hear all persons at the public hearing who wish to be heard, either in person or by agent or attorney. The planning and zoning commission shall make findings of fact and recommend either approval or denial of the request. The commission's recommendation shall be presented to the town board.

(Code 2004, § 807.13(subd. 6(4)); Ord. No. 167, § F, 4-24-2018)

The town board shall consider the findings of fact and recommendation presented by the planning and zoning commission at its next regular meeting and decide whether to approve or deny the request. A variance from this chapter or the grant of an appeal shall require passage by a majority of the town board.

(Code 2004, § 807.13(subd. 6(5)); Ord. No. 167, § D, 4-24-2018)

Failure of a property owner to receive the notice of public hearing shall not invalidate any such proceedings as set forth within this chapter.

(Code 2004, § 807.13(subd. 6(6)); Ord. No. 167, § F, 4-24-2018)

The town clerk or designee shall notify the applicant in writing of the town board's approval or denial of the request as per M.S.A. § 15.99 as amended.

(Code 2004, § 807.13(subd. 6(7)); Ord. No. 167, § E, 4-24-2018)

Whenever within one year after granting a variance or appeal the work, as permitted by the variance or appeal, shall not have been completed, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete the work has been granted by the town board. Such extension shall be requested in writing and filed with the town clerk at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance or appeal. Such extension shall be presented to the planning and zoning commission for a recommendation and to the town board for a decision.

(Code 2004, § 807.13(subd. 7))

(a)

Where deemed necessary by the town board upon approval of a variance or appeal, the town shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said security shall guarantee conformance and compliance with the conditions of the variance or appeal and the town ordinances.

(b)

The security shall be in the amount of the town engineer's or building official's estimated costs of labor and materials for the proposed improvements or development.

(c)

The town shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and town ordinances has been issued by the building official.

(d)

Failure to comply with the conditions of the variance or appeal and the town ordinances shall result in forfeiture of the security.

(Code 2004, § 807.13(subd. 8))

No building or structure hereafter erected or moved or that portion of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building official stating the building or structure complies with all of the provisions within this chapter. The certificate of occupancy shall be issued within ten days after the building official has found the building or structure to be satisfactory and made final inspection.

(Code 2004, § 807.15(subds. 1, 2))

A certificate of occupancy shall be issued within ten days after the building official has determined the building or structure and use are in conformance with all provisions of this chapter and that all conditions for issuance have been met. A record shall be kept of all certificates issued.

A temporary certificate of occupancy may be issued. In order to ensure compliance with this chapter, conditions may be imposed on the issuance of a temporary certificate of occupancy, including posting a bond or other financial security acceptable to the town. Issuance of a temporary certificate shall not alter the rights or obligations of the owner, tenant, or town with respect to full compliance with the requirements of this chapter or other provisions of the code.

A certificate of occupancy may be revoked if the building or use is no longer in compliance with this chapter. The town shall have authority to enforce the revocation of the certificate of occupancy by appropriate means. Upon revocation, the building or structure shall not be used for any purposes until issuance of a new certificate of occupancy.

To defray administrative costs of processing of requests for amendments, variances or conditional uses, a fee as outlined in section 2-249 shall be paid by all applicants.

(Code 2004, § 807.14(subd. 1))

In order to defray the typically higher cost of processing applications for amendments, conditional uses, interim use permits, and variances for developments, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in reviewing all materials for the applicant's request.

(1)

Materials shall include, but not be limited to, maps, graphs, charts, drawings, etc.

(2)

Staff and/or consulting time shall include any time spent in either researching or reviewing the request.

(3)

The hourly rate for "staff and/or consulting time" shall be established and made available to the applicant by the town clerk prior to production of any special materials and the applicant shall be given a reasonable estimate of projected time and/or material costs.

(Code 2004, § 807.14(subd. 2))

Fees shall be payable at the time applications are filed with the clerk and are not refundable unless application is withdrawn prior to referral to the planning and zoning commission. A deposit to cover potential extra staff or consulting time and materials may be established and required by the town board. Any portion of the deposit not spent for the uses mentioned in this section shall be refunded to the applicant when all financial obligations to the town have been satisfied.

(Code 2004, § 807.14(subd. 3); Ord. No. 215, § 4, 4-9-2024)