The Clerk/Administrator shall serve as the Zoning Administrator. The Zoning Administrator is authorized and directed to enforce all the provisions of this chapter and shall perform the following duties:

   (A)   Review and issue all applications pertaining to use of land, buildings, or structures, and forward requests for conditional use permits, variances, or rezoning to the Planning Commission, or approve the applications when the applications conform with the provisions of this chapter.

   (B)   Keep a record of all nonconforming uses.

   (C)   Periodically inspect buildings, structures and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance. The cost of employing the testing laboratory shall be paid for by the owner if a violation of this chapter is established.

   (D)   Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it.

   (E)   Order discontinuances of illegal uses of land, buildings or structures, or take any action authorized by this chapter to ensure compliance with or to prevent violation of its provision.

   (F)   Maintain permanent and current records of this chapter, including all maps, amendments, conditional uses and variances.

   (G)   Maintain a current file of all applications and building permits; all certificates of occupancy; and all copies of notices of violation, discontinuances, or removal for such time as necessary to ensure continued compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)

   (A)   There is hereby established for the city, a Planning and Zoning Commission, which may be known as the “Planning Commission.”

   (B)   Membership shall consist of five members recommended by the Mayor and approved by the City Council. Members shall be residents of the city and serve without compensation. In addition to this membership, two shall be appointed as ex officio, one to be appointed from the administrative membership of the city government and one from the membership of the City Council to serve as liaison with the Planning Commission. For the transaction of business at any meeting, three voting members of the Commission shall constitute a quorum. Except as otherwise specifically provided, a majority of voting members present shall be required for the adoption of any resolution.

   (C)   At the first meeting of each calendar year, voting members of the Commission shall select a chair, a vice-chair, and a secretary, each to serve throughout the year and until a successor is chosen. Duties of chair include presiding at meetings of the Commission, calling special meetings, appointing standing and other committees, arranging meetings with technical advisors and property owners or others who have personal interest in a proposed recommendation, communicating with city officials, reporting pertinent findings, and giving leadership to the Commission. The vice-chair shall perform any or all duties described in the absence of the chair or at the request of the chair. The secretary shall keep a record of the proceedings of every meeting of the Commission, including copies of all of the correspondence and other documents pertaining to the proceedings and minutes of all such meetings. Also, the secretary shall send a record of every meeting of the Commission to Commission members, the City Council, and the City Administrator and shall submit the minutes at the next following meeting of the Commission for review and final approval. The secretary shall handle the correspondence of the Commission and shall perform other tasks as voted by the Commission, or as directed by its chair.

   (D)   Terms of office for members other than ex officio's shall be for three years, except that three members shall initially serve a term of two years, and, thereafter, all members shall serve the prescribed three-year term. Terms shall expire on the last day of the year. Ex officio members shall be appointed for annual terms, provided that membership on the Commission shall terminate with the office, from which ex officio membership is derived and serve during the pleasure of the City Council or as may otherwise be appropriate.

   (E)   The Commission shall hold one regular meeting every month or as determined by the Commission. Regular meetings may be cancelled by the chairperson or City Administrator if there is no business before the Commission.

   (F)   If a commissioner has a financial interest, as determined by state law, in a decision before the Commission, that commissioner must abstain from both the discussion and the vote. For reference see M.S. § 471.87, as it may be amended from time to time.

   (G)   Any member of the Commission may be removed from office for just cause and on written charges by a vote of the City Council, but the member shall be entitled to a public hearing before the vote is taken. In addition, any member may be removed by the chairperson or City Administrator for nonattendance at Planning Commission meetings without action by the City Council. Any Commissioner who is absent from three regular called meetings of the Commission shall be deemed to have resigned unless the absentee provides a explanation to the chairperson.

   (H)   It shall be the duty of the Chairman of the Commission to notify the City Council promptly of any vacancies occurring in membership.If there is a vacancy, it shall be filled by a person recommended by the Mayor and approved by the City Council. Vacancies shall be filled within 30 days, or as soon as possible thereafter, for the remaining unexpired term of the original appointment.

   (I)   The Planning Commission is an advisory board to the City Council. The Planning Commission shall review, hold public hearings, and make recommendations to the City Council on all applications for zoning amendments, conditional use permits, plat approvals, and variances using the criteria in §§ 153.023(A), 153.024(B), and 153.025(B). The Planning Commission shall also prepare and recommend a comprehensive plan for the development of the city, study and make recommendations to the City Council regarding the means to carry out and maintain the comprehensive plan and regulations thereto. The Commission shall prepare and recommend to the proper officials of the municipality, needed capital improvements consistent with the comprehensive plan for the city. The Commission shall conduct hearings, study, and recommend to the City Council a zoning code and amendments thereto as may, from time to time, be proposed.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006; Am. Ord. 2022-309, passed 3-31- 2022)

   (A)   The City Council shall act as the Board of Appeals and Adjustments.

   (B)   The Board of Appeals and Adjustments shall have the power and duty of hearing and deciding appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter and to also hear and decide on requests for variances. The conditions for issuing a variance are indicated in § 153.025(B).

   (C)   The Board shall make no decision on an appeal or variance until the Planning Commission has had reasonable opportunity, not to exceed 60 days, to review and report to the Board upon the appeal or variance petition.

   (D)   The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken, and may issue or direct the issuance of a permit. The reasons for the Board decision shall be stated and recorded. The decision of the Board shall not be final, and any person having an interest affected by such decision shall have the right to appeal to the Rice County District Court regarding questions of law and fact. A vote of a majority of the Board of Appeals and adjustments shall be necessary to reverse any decision of an administrative official of the city or of the City Council, or to decide in favor of the applicant.

   (E)   The function of the City Council acting as the City Council shall be separate from and exclusive of the functions of the Commission acting as Zoning Board of Adjustments and Appeals. If the Council has been meeting as the City Council, it shall adjourn or recess, as appropriate, and reconvene in order to meet as the Zoning Board of Appeals and Adjustments. If the City Council has been meeting as the Zoning Board of Appeals and Adjustments, it shall adjourn or recess, as appropriate, and reconvene in order to meet as the City Council.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)

   (A)   Criteria for granting zoning amendments.

      (1)   The City Council may adopt amendments to the zoning code and zoning map relative to land uses within a particular district or to the location of the district line. The amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.

      (2)   Zoning amendments shall be made by a simple majority of the Council, except that the adoption or amendment of any portion of the zoning code which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the City Council.

   (B)   Kinds of amendments.

      (1)   A change in the districts boundary;

      (2)   A change in a districts regulations;

      (3)   A change in any other provision of this chapter.

   (C)   Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

      (1)   By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;

      (3)   By action of the City Council.

   (D)   Required exhibits for rezoning or district regulation changes.

      (1)   Abstracters property certificate showing property owners names and addresses within 350 feet of the outer boundaries of the property in question. If applicant is not the property owner, an enforceable option shall be submitted.

      (2)   A boundary line survey.

      (3)   A general development plan showing the potential development of the property, indicating proposed streets, buildings, drainage and landscaping. The plans shall contain sufficient information for the community to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the comprehensive plan. Information to include is a site plan drawn to scale parcel and building dimensions, location of all buildings and their size, including square footage, curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks, landscaping and screening plan, including species and size of trees and shrubs proposed, if required by Planning Commission, finished graded and drainage plan, type of business or activity and proposed number of employees, proposed floor plan and elevations of any building use indicated, sanitary sewer and water plan with estimated daily flow rates, and map showing all principal land use within 300 feet of the parcel for which application is being made, if required by Planning Commission.

   (E)   Procedure. The procedure for a property owner to initiate an amendment including rezoning or district regulation change is:

      (1)   The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her proposal, obtain procedures, and an application form.

      (2)   The applicant shall file the completed application form together with the required exhibits and fee with the Zoning Administrator. All applications for rezoning shall be received in the office of the Zoning Administrator no later than 30 days prior to a Planning Commission meeting.

      (3)   The Zoning Administrator shall review submitted materials within five working days for completeness and shall make a determination whether any additional materials need to be supplied by the applicant. If additional materials need to be supplied regarding the application, the Zoning Administrator shall notify the applicant in writing no less than ten days following the initial application submittal.

      (4)   For some applications, due to the scale of the changes requested, potential for conflict or for health or safety considerations, the Zoning Administrator may determine that an additional 60-day time period is needed in which to conduct staff review of the proposed changes. The applicant will be notified in writing of the time extension. The reasons for the extension will be specified in the letter.

      (5)   Once an applicant's form and exhibits are determined to be complete, the Zoning Administrator shall transmit the application and the required exhibits to the Planning Commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question.

      (6)   The Zoning Administrator shall set the date for the public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a citywide amendment to the zoning code initiated by the Planning Commission or City Council.

      (7)   The Planning Commission shall hold the public hearing and then shall recommend one of the three actions: approval, denial or conditional approval.

      (8)   The Planning Commission shall transmit its recommendation to the City Council for its official action within 15 days after holding the public hearing.

      (9)   The City Council shall act upon the application within 15 days after receiving the recommendation from the Planning Commission.

      (10)   No re-application of a property owner for an amendment to the text of the zoning code or zoning map shall be considered by the Planning Commission within a one-year period following a denial of the request, except that the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.

      (11)   The applicant or his or her representative shall appear at the public hearing in order to answer questions concerning the proposed amendment.

   (F)   Procedure. The procedure for the Planning Commission to initiate an amendment including rezoning or district regulation change is:

      (1)   The Planning Commission shall pass a motion recommending an amendment.

      (2)   The Planning Commission shall submit the proposed amendment to the City Council for review and comment.

      (3)   The Zoning Administrator shall set the date for the public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a citywide amendment to the zoning code initiated by the Planning Commission or City Council.

      (4)   The Planning Commission shall hold the public hearing and then shall recommend one of the three actions: approval, denial or conditional approval.

      (5)   The Planning Commission shall transmit its recommendation to the City Council for its official action within 15 days after holding the public hearing.

   (G)   Procedure. The procedure for City Council to initiate an amendment including rezoning or district regulation change is:

      (1)   The City Council shall pass a resolution of intent to amend the zoning code.

      (2)   The City Council shall submit the proposed amendment to the Planning Commission for review and comment.

      (3)   The Zoning Administrator shall set the date for the public hearing and shall have notices of the hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a citywide amendment to the zoning code initiated by the Planning Commission or City Council.

      (4)   The Planning Commission shall hold the public hearing and then shall recommend one of the three actions: approval, denial or conditional approval.

      (5)   The Planning Commission shall transmit its recommendation to the City Council for its official action within 15 days after holding the public hearing.

      (6)   The City Council shall act upon the application within 15 days after receiving the recommendation from the Planning Commission.

   (H)   Public Hearing and notices. No amendment shall be adopted until a public hearing has been held thereon by the Planning Commission. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of the affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and list of the owners and addresses to which the notice was sent to 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 this section has been made.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)

   (A)   Record maintenance. The Zoning Administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and condition made by the City Council; time limits review dates and other information as may be appropriate. The Zoning Administrator shall file a copy of every conditional use permit with the County Recorder.

   (B)   Criteria for granting conditional use permits. In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and how the proposed use fits within the comprehensive plan of the city and its potential impact upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable:

      (1)   The use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city;

      (2)   The use will be harmonious with the general and applicable specific objectives of the comprehensive plan of the city and this chapter;

      (3)   The use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area;

      (4)   The use will not be hazardous or future neighboring uses;

      (5)   The use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by the facilities and services provided by the persons or agencies responsible for the establishment of the proposed use;

      (6)   The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

      (7)   The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors;

      (8)   The use will have vehicular approaches to the property, which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;

      (9)   The use will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance; and

      (10)   The use will conform to specific standards of this chapter applicable to the particular use.

   (C)   Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or community as a whole. These conditions may include, but are not limited to, the following:

      (1)   Increasing the required lot size or yard dimension;

      (2)   Limiting the height, size or location of buildings;

      (3)   Controlling the location and number of vehicle access points;

      (4)   Increasing the street width;

      (5)   Increasing the number of required off-street parking spaces;

      (6)   Limiting the number, size, location or light of signs;

      (7)   Requiring additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and

      (8)   Designing sites for open space.

   (D)   Required exhibits for a conditional use permit. The following exhibits shall be required:

      (1)   Abstract or certificate showing property owners' names and addresses within 350 feet of the outer boundaries of the property in question; if applicant is not the property owner, an enforceable option shall be submitted;

      (2)   A boundary line survey;

      (3)   A general development plan showing the potential development of the property, including proposed streets, buildings, landscaping and drainage. The plans shall contain sufficient information for the community to determine whether the proposed development is in keeping with the intent and purpose of this chapter and the comprehensive plan. Information to include is a site plan drawn to scale parcel and building dimensions, location of all buildings and their size, including square footage, curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks, landscaping and screening plan, including species and size of trees and shrubs proposed, if required by Planning Commission, finished graded and drainage plan, type of business or activity and proposed number of employees, proposed floor plan and elevations of any building use indicated, sanitary sewer and water plan with estimated daily flow rates, and map showing all principal land use within 300 feet of the parcel for which application is being made, if required by Planning Commission.

   (E)   Procedure. The procedure for applying for a conditional use permit is as follows:

      (1)   The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her proposal, learn the procedures, and obtain an application form.

      (2)   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator. All applications for a conditional use permit must be received in the office of the Zoning Administrator not later than 30 days prior to the Planning Commission meeting.

      (3)   The Zoning Administrator shall review submitted materials within five working days for completeness and shall make a determination whether any additional materials need to be supplied by the applicant. If additional materials need to be supplied regarding the application, the Zoning Administrator shall notify the applicant in writing no less than ten days following the initial application submittal.

      (4)   For some applications, due to the scale of the changes requested, potential for conflict, or the health or safety considerations, the Zoning Administrator may determine that an additional 60-day time period is needed in which to conduct staff review of the proposed changes. The applicant will be notified in writing of the time extension. The reasons for the extension will be specified in the letter.

      (5)   Once an applicant's form and exhibits are determined to be complete, the Zoning Administrator shall transmit the application to the Planning Commission and shall notify by registered mail all property owners within 350 feet of the outer boundaries of the property in question.

      (6)   The Zoning Administrator shall set the date for a public hearing and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.

      (7)   The Planning Commission shall hold the public hearing and shall then study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce the adverse effects and recommend one of the three actions: approval, denial or conditional approval.

      (8)   The Planning Commission shall transmit, within 15 days, its recommendation to the City Council for its official action.

      (9)   The City Council shall take appropriate action on the request for conditional use permit within 15 days of receiving the recommendations by the Planning Commission. If it grants a conditional use permit, the City Council may impose conditions, including time limits it considers necessary to protect the public health, safety and general welfare, and the conditions may include a time limit for the use to exist or operate.

      (10)   The applicant or his or her representative shall appear at the public hearing in order to answer questions concerning the proposed amendment.

      (11)   No re-application of a property owner for a conditional use permit shall be considered by the Planning Commission within a one-year period following a denial of the request, except that the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.

      (1)   Where a conditional use permit has been issued pursuant to provisions of this chapter, the permit shall become null and void without further action by the Planning Commission or City Council unless work thereon commences within one year of the date of granting the conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than six consecutive months.

      (2)   In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.

   (G)   Other conditions.

      (1)   An amended conditional use permit application may be administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplications for permits that have been denied or permits that have expired, requests for changes in conditions, and as otherwise described in this chapter.

      (2)   A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless other stipulated, the term shall be the life of the use.

      (3)   If the city enacts or amends official land use controls in such a way as to render a conditional use nonconforming with the official controls, the subject to section nonconforming uses, regardless of the permit which was previously issued.

      (4)   If a use that is subject to an existing conditional use permit and is still in conformance with the provisions of this chapter is destroyed, damaged, or otherwise altered, it may be rebuilt to the same scale, intensity, and height as existed prior to the destruction without being subject to a new CUP application. Any increase in scale, intensity, or height shall require submittal of a new conditional use permit application.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)

      (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 zoning code including those restrictions placed on nonconformities. A VARIANCE is a modification or variation of the provisions of this zoning code 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 the code; 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 code.

         (a)   1.   The property owner proposes to use the property in a reasonable manner not permitted by the zoning code;

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

            3.   The variance, if granted, will not alter the essential character of the locality.

      (5)   Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, as it may be amended from time to time, when in harmony with the code.

      (6)   The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under the zoning code for property in the zone where the affected person's land is located.

      (7)   The Board may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling.

      (8)   The Board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006; Am. Ord. 2012-250, passed 3-29-2012)

   (A)   Purpose. The purpose of an interim use permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Planning and Zoning Commission and benefit the public good in the following cases:

      (1)   To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction.

      (2)   To allow a use which is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

      (3)   To allow a use which is reflective of long-range change in an area and which is in compliance with the Comprehensive Plan, provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

   (B)   Criteria for granting interim uses. An interim use may be granted only in the event that the following circumstances exist:

      (1)   The proposed use meets the standards of a conditional use permit established in within this chapter.

      (2)   The proposed use conforms to applicable general performance standards identified within this chapter.

      (3)   The date or event that will terminate the use can be identified with certainty.

      (4)   The use will not impose additional unreasonable costs on the public.

      (5)   The user agrees to any conditions that the City Council deems appropriate for permission of the use, including in the city's discretion, a condition that the user shall be responsible for the cost of removing the interim use and any structures associated with the interim use upon the expiration of the interim use permit, and that the user may be required to provide appropriate financial security to cover such cost.

   (C)   Required exhibits.

      (1)   Abstract or certificate showing property owners' names and addresses within 350 feet of the outer boundaries of the property in question; if applicant is not the property owner, an enforceable option shall be submitted.

      (2)   A boundary line survey.

      (3)   A general development plan showing the potential development of the property, including proposed streets, buildings, landscaping and drainage.

   (D)   Procedure. The procedure for applying for an interim use permit is as follows:

      (1)   The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her proposal, learn the procedures, and obtain an application form.

      (2)   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator. All applications for an interim use permit must be received in the office of the Zoning Administrator not later than 30 days prior to the Planning Commission meeting.

      (3)   The Zoning Administrator shall review submitted materials within five working days for completeness and shall make a determination whether any additional materials need to be supplied by the applicant. If additional materials need to be supplied regarding the application, the Zoning Administrator shall notify the applicant in writing no less than ten days following the initial application submittal.

      (4)   For some applications, due to the scale of the changes requested, potential for conflict, or the health or safety considerations, the Zoning Administrator may determine that an additional 60-day time period is needed in which to conduct staff review of the proposed changes. The applicant will be notified in writing of the time extension. The reasons for the extension will be specified in the letter.

      (5)   Once an applicant's form and exhibits are determined to be complete, the Zoning Administrator shall transmit the application to the Planning Commission and shall notify by registered mail all property owners within 350 feet of the outer boundaries of the property in question.

      (6)   The Zoning Administrator shall set the date for a public hearing and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.

      (7)   The Planning Commission shall hold the public hearing and shall then study the application to determine possible adverse effects of the proposed interim use and to determine what additional requirements may be necessary to reduce the adverse effects and recommend one of the three actions: approval, denial or conditional approval.

      (8)   The Planning Commission shall transmit, within 15 days, its recommendation to the City Council for its official action.

      (9)   The City Council shall take appropriate action on the request for interim use permit within 15 days of receiving the recommendations by the Planning Commission. If it grants an interim use permit, the City Council may impose conditions, including time limits it considers necessary to protect the public health, safety and general welfare, and the conditions may include a time limit for the use to exist or operate.

      (10)   The applicant or his or her representative shall appear at the public hearing in order to answer questions concerning the proposed interim use permit.

      (11)   No re-application of a property owner for an interim use permit shall be considered by the Planning Commission within a one-year period following a denial of the request, except that the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.

   (D)   Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the city council with all interested parties be given an opportunity to be heard.

   (E)   Termination. An interim use shall terminate upon the occurrence of any of the following events:

      (1)   The termination date or event specified with approval of the interim use.

      (2)   Any violation of the conditions under which the interim use was issued.

      (3)   A change in the city's zoning regulations that make the use non-conforming.

(Ord. 2006-188, passed 1-26-2006)

   (A)   Enforcing officer. The Zoning Administrator is authorized to cause the provisions of this chapter to be properly enforced through the proper legal channels.

   (B)   Notices. Notices of public hearings regarding any violations or termination proceedings and all nonconforming, conditional, incompatible, accessory, special uses, or home occupation uses, shall be given by the City Council to the interested party or parties by certified mail or in lieu thereof, one legal published notice at least ten days before the public hearing date, or as otherwise provided for in this chapter.

   (C)   Building permit.

      (1)   Hereafter, no person shall erect, alter, remodel, wreck, repair, improve, remove, convert, demolish, or move any kind of structure or building or part thereof without first securing a building permit.

      (2)   Applications for commercial, industrial and multiple-dwelling building permits shall be accompanied by the following exhibits:

         (a)   A complete site plan application form together with all applicable filing requirements;

         (b)   A boundary survey of the area including the property in question and 100 feet beyond its outer boundaries and dimensions, buildings, easements, foliage, topography and waterways. Soil tests may be included if pertinent; and

         (c)   Building and site development plans showing buildings, location, dimensional parking and loading arrangement, vehicular and pedestrian access and egress, surface drainage plan, landscaping, utility plan, screening, size and location of all signs, building and floor plans of all floors, elevations of all sides of all buildings, and sections and outline material specifications as appropriate.

      (3)   Applications for single- and two-family building permits shall be accompanied by building plans and certificate of survey.

      (4)   Applications for moving any structure into or within the city shall be accompanied by the following exhibits:

         (a)   Any such building or structure proposed to be moved shall meet the requirements of the building code applicable to a new building or structure and shall meet all requirements of the zoning district provided herein.

         (b)   Prior to the moving of any structure into or within the city, the applicant shall provide the city with written acknowledgment from the owners of at least 75% of the land parcels within a radius of 300 feet of the boundaries of the land on which the building or structure is located. This acknowledgment must state that the applicant has reviewed the proposed plans with each landowner and that the landowner has the right to object or comment about the plans to the city.

         (c)   A legal description of the premises from which the building will be moved shall be required.

         (d)   A certificate of survey from a registered land surveyor showing the location of the building and lot shall be required.

         (e)   The moving dates and hours must be approved by the Police Chief and Public Works Director prior to moving the building or structure. A pre-approved route that indicates the highways, streets, and other property over which the building or structure is proposed to be moved shall be moved shall be submitted to the city 15 days prior to the moving of a building or structure.

         (f)   The applicant shall provide evidence (such as a bill of sale) that the lot(s) of which the building or structure is to be moved onto is free from mortgages, liens, or other encumbrances, and that all taxes and other charges against the lot(s) from which, the building is to be moved are currently paid.

         (g)   The name of the licensed moved shall be submitted to the city prior to the move.

         (h)   The applicant shall provide a bond or certified check from the property owner for $10,000 payable to the city to ensure that the structure is properly removed from the former property, located on the proposed property, and attached to the foundation in compliance with the permit and building code.

         (i)   Written evidence of the necessary arrangements with all public utility companies whose wires, lamps, or poles are required to be moved or removed will be required and shall be submitted to the city prior to the move.

         (j)   The applicant will be required to provide a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the state of Minnesota. The policy shall insure the applicant and the name the city as an insured in the sum of at least $100,000, or determined by the Zoning Administrator.

         (k)   The applicant shall agree to indemnify and hold harmless the city and its agents and employees against any and all claims, demands, losses, damages, and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, or any violation of any safety law, regulation, or code in the performance of this agreement.

      (6)   Applications for septic permits shall be required 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. Such system shall conform to all of the requirements of the Rice County Environmental Health Services.

   (D)   Procedure.

      (1)   Persons requesting a building permit shall fill out a building permit form and site plan application form available from the Zoning Administrator.

      (2)   Completed building permit forms shall be submitted to the Zoning Administrator. Upon review and approval of the Building Inspector, and if the proposed development conforms in all respects to the zoning code, a building permit shall be issued by the Zoning Administrator within a period of 60 days upon permit fee payment.

   (E)   Violation and penalties.

      (1)   Misdemeanor penalty. Any person, firm or corporation, who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.

      (2)   Injunctive relief and other remedies. In the event of a violation of this chapter, the city may institute appropriate actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate the violations. All costs incurred for corrective action may be recovered by the city in a civil action in any court of competent jurisdiction. These and other remedies, as determined appropriate by the city, may be imposed upon the applicant, permittee, installer or other responsible person either in addition to or separate from other enforcement actions.

   (F)   Certificate of occupancy.

      (1)   A certificate of occupancy shall be obtained before any building erected or structurally altered is occupied or used, the use of any such building is altered.

      (2)   Application for a certificate of occupancy for a new building or for an existing building which has been so altered shall be made as part of the application for a building permit for such building as required by this chapter. The certificate shall be issued within ten days after the construction or alteration of such building or part has been completed in conformity with the provisions of this chapter. Pending the issuance of such a certificate, the Zoning Administrator may issue a temporary certificate of occupancy for a period not exceeding six months during the completion of the erection of alteration of such building. 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 of occupancy of the premises or any other matter except under such restrictions and provisions as will adequately ensure the safety of the occupants.

      (3)   Application for a certificate of occupancy for the use of vacant land or for a change in the character of the use of vacant land shall be made to the Zoning Administrator in writing before such land shall be so occupied or used. Such a certificate of occupancy shall be issued within three days after the application has been made if the proposed use is in conformity with the provisions of this chapter.

      (4)   Every certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of law and of this chapter. A record of all certificate of occupancy shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having propriety or tenancy in the building or land affected. No fee shall be charged for a certificate of occupancy.

      (5)   The Zoning Administrator may revoke the certificate of occupancy if the owner of the building has not established a lawn on the premises within one growing season after the certificate of occupancy has been issued.

   (G)   Zoning compliance review.

      (1)   A zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height and the like:

         (a)   Decks less than 30 inches above the ground and not attached to the principal structure.

         (b)   Permanent fences less than six feet height.

         (c)   One story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, less than 120 feet in building area.

         (d)   Signs.

      (2)   Any zoning compliance review application that fails to meet zoning requirements shall be denied by the Zoning Administrator.

   (H)   Environmental review process.

      (1)   The city shall conduct environmental review associated with land use and development projects consistent with the state environmental quality board environmental review program as amended.

      (2)   Applicants shall agree in writing as part of the application to reimburse the governing body prior to the issuance of any permits for all costs including city staff, legal, and consultant fees incurred by the governing body in review of the applicants project and its impact to the community.

      (3)   The applicant shall deposit with the city from time to time, an amount determined by the Zoning Administrator necessary to cover the cost associated with processing the application, including work associated with an EAW and/or EIS prior to the commencement of the review or stage of the review. The applicant shall reimburse the security fund for any deficits caused if the amount actually expended or billed to the city by staff members and/or consultants exceeds the security fund balance. The city shall refund any money deposited in the security fund and not expended within 30 days after final action on the application. The city shall not pay interest on such security deposits.

   (I)   Fees.

      (1)   There shall be an application fee for all applications made pursuant to the provisions of this chapter as set in the fee schedule adopted by the City Council.

      (3)   Municipal corporations and the city shall be exempt from the fee requirements as prescribed by this chapter.

(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)