(A)   Application. Any person aggrieved by any order or decision of the Building/Zoning Administrator or other city staff enforcing the provisions of this chapter or desiring a variance from the literal provisions of this chapter, except those which relate to the use of a property other than the temporary use of a one-family dwelling as a two-family dwelling, may apply therefor and have the matter heard by the Board of Appeals and Adjustments in accordance with the provisions of state law and the city code.

   (B)   Procedure.

      (1)   Application for any variance or appeal permissible under the provisions of this section shall be made to the Board of Appeals and Adjustments in the form of a written application on such forms as required by the city. Upon receipt of any application, the Board of Appeals and Adjustments shall set a time and place for a public hearing before the Board on the application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper.

      (2)   The Board of Appeals and Adjustments shall, thereupon, make its decision upon the application within 30 days of the public hearing, unless the Board specifically finds that additional time is needed to make its decision, but in any event the decision must be made within 60 days of the public hearing.

   (C)   Conditions for a variance.

      (1)   A variance shall be permitted only if it is established that it is in keeping with the spirit and intent of the general purpose of this chapter and that the strict enforcement of the provisions of this chapter would cause an undue hardship because of the circumstances unique to the individual property under consideration. In its consideration of the standards of practical difficulties or particular hardship and unique situation, the Board of Zoning Appeals and Adjustments shall require the presentation of evidence that:

         (a)   The property in question cannot be put to a reasonable use if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;

         (b)   The plight of the landowner is due to circumstances unique to the property that are not normally applicable to landholdings within the same district and that were not created by the landowner; and

         (c)   The variance, if granted, will not alter the essential character of the neighborhood and locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Special consideration shall be given for earth sheltered construction, as defined in M.S. § 216C.06, subd. 2, as it may be amended from time to time, when the construction is in harmony with the provisions of this chapter.

      (2)   A variance shall be granted only if the evidence, in the judgment of the Board of Appeals and Adjustments, sustains the conditions enumerated in division (C)(1) above. Variances from the provisions of this chapter shall be granted by the Board of Appeals and Adjustments only in accordance with the provisions of this section.

      (3)   Specific conditions and safeguards may be imposed upon the premises benefitted by the variance as considered necessary to prevent injurious effects upon other property in the neighborhood or upon public facilities and services. Violations of such conditions and safeguards shall constitute a violation of this chapter.

      (4)   No variance permitting the erection or alteration of a building shall be valid for a period longer than one year unless a building permit for the erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.

(Prior Code, § 11.24) Penalty, see § 10.99

   (A)   Application.

      (1)   This chapter may be amended whenever the public necessity and the general welfare require such amendment by following the procedure specified in this section.

      (2)   Proceedings for amendment of this chapter shall be initiated by:

         (a)   A petition of the owner or owners of the actual property;

         (b)   A recommendation of the Planning Commission; or

         (c)   By action of the Council.

      (3)   An application for an amendment shall be filed with the Zoning Administrator. All applications for changes in the boundaries of any zoning district which are initiated by the petition of the owner or owners of property, the zoning of which is proposed to be changed, shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within 350 feet of the boundaries of the property proposed to be rezoned, together with the names and addresses of the owners of the lands in such area as the same appears on the records of the County Treasurer.

   (B)   Public hearing. Upon receipt in proper form of the application and other requested material, if required, the Planning Commission shall, in all cases, hold at least one public hearing in a location to be prescribed by the Planning Commission. At least ten days in advance of the hearing, notice of the time, place and purpose of such hearing shall be given in accordance with M.S. § 462.357, subd. 3, as it may be amended from time to time, or other applicable law.

   (C)   Authorization.

      (1)   Following the public hearing, the Planning Commission shall make a report of its findings and recommendations on the proposed amendment and shall file a copy with the Council and the Zoning Administrator within 60 days after the hearing. If no report or recommendation is transmitted by the Planning Commission within 60 days after the hearing, the Council may take action without awaiting the recommendation.

      (2)   Upon the filing of the report or recommendation, the Council may hold public hearings upon the amendment as it deems advisable. After the conclusion of the hearings, if any, the Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only if two-thirds of all the members of the Council concur in its passage.

   (D)   Fees. To defray the administrative costs of processing of requests for an amendment to this chapter, a fee shall be paid by the petitioner. The fee shall be determined by the Council.

(Prior Code, § 11.25)

   (A)   The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map, and the map is hereby made a part of this chapter.

   (B)   (1)   The map shall be known as the “City of Luverne Zoning Map”.

      (2)   The map and all notations, references and date shown thereon are hereby incorporated by reference into this chapter and shall be made a part of it as if all were fully described herein.

   (C)   It shall be the responsibility of the Code Enforcement Official to maintain the map, and amendments thereto shall be recorded in the zoning map within 30 days after official publication of amendments. The official zoning map shall be kept on file in the City Hall.

(Prior Code, § 11.26)

   (A)   The boundaries between districts are, unless otherwise indicated, the centerlines of streets, alleys or railroads rights-of-way or the lines extended or lines parallel or perpendicular thereto; or plot or lot lines; or fractional section lines of the United States public land surveys, as established by law.

   (B)   Where figures are shown on the zoning map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street centerline at a distance there from equivalent to the number of feet so indicated, unless otherwise indicated.

(Prior Code, § 11.27) (Ord. 272, Third Series, effective 3-10-2005)

   Any land annexed in the future into the city limits shall be placed in the R-R Residential-Reserve District, until placed in another district by action of the Council after recommendation of the Planning Commission unless otherwise specified in an annexation agreement and/or ordinance.

(Prior Code, § 11.28) (Ord. 312, Third Series, effective 12-10-2009)