The office of the zoning administrator is hereby established for which the council may appoint such employee or employees of the city as it may deem proper. It shall be the duty of the zoning administrator to enforce this chapter through the proper legal channels.

(Code 1976, § 11.23)

1. Continuation. The use of buildings, structures or land existing on or before April 6, 1964, or on the effective date of relevant amendments to this chapter which do not conform to the provisions of this chapter may be continued except as otherwise provided in this section.
2. Discontinuance. If a nonconforming use is discontinued for a period of more than one-year, or any nonconforming use or structure is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, as determined by the city assessor, and no building permit has been applied for within 180 days of when the properties is damaged, any subsequent use of the land or premises shall be a conforming use and the structure may not be rebuilt except in compliance with this chapter. In order to continue a destroyed nonconforming use or structure, a re-built structure must not extend, enlarge or intensify the nonconforming use existing prior to destruction.
3. Alterations and normal maintenance. Structural changes may be made only to bring the building or structure into compliance with building code or other governmental regulation. Normal maintenance may be permitted when it includes necessary nonstructural repairs and incidental alterations. Alterations or maintenance must not extend, enlarge or intensify the nonconforming use. Nonconforming structures must not be enlarged unless the enlargement is in compliance with this chapter and the entire structure's nonconformance is not increased. Nothing in this chapter shall prevent the improvement of a structure for safety purposes.

(Ord. No. 513 2nd series, 3-1-2004; Ord. No. 680 2nd series, § 1, 9-24-2013; Ord. No. 722 2nd series, § 1, 8-8-2017)

Editor's note(s)—Ord. No. 513, 2nd series, adopted March 1, 2004, repealed and reenacted § 86-27 in its entirety to read as herein set out. Formerly, § 86-27 pertained to similar subject matter and derived from the Code of 1976, § 11.20.

The city council serves as the board of adjustments and appeals.

State law reference(s)—Authority for governing body to be the board of adjustments and appeals, Minn. Stat. § 462.354, subd. 2.

1. Intent. Variances may be issued only when the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the property under consideration. A variance adjustment permit may be issued to vary or modify the strict application of the regulations or provisions contained in this chapter, subject to the review process as described in this section.
2. Application forms. Variances may be applied for only on the forms prepared by the city zoning administrator. All applications shall be accompanied by a list of names and addresses of the owners of lands within 350 feet of the property described on the application as such information appears on the records of the county.
3. Application fee. The council may, by resolution, establish a fee for the filing of applications for variances. The fee shall be paid before the application shall be considered and shall not be refundable.
4. Procedure. Application for the issuance of a variance shall be made to the planning commission. The planning commission may hold such hearings on the proposal as it may consider necessary, but at least one public hearing shall be held pursuant to Minn. Stat. § 462.357, subd. 3. Following the hearing, the planning commission shall make a report upon the proposal to the council and shall recommend to the council whatever action it deems advisable.
5. Considerations. The applicant shall prove that the literal enforcement of the provisions of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and the granting of the variances will be in keeping with the spirit and intent of this chapter. The term "practical difficulties," as used in connection with the granting of a variance means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute practical difficulties if reasonable use for the property exists under the terms of this chapter. The council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the land is located. The council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.
6. City council proceedings. Upon the receipt of the report of the planning commission, the council may hold whatever hearings it deems advisable and shall make a decision on the request for the variance. When the council is making this decision, it is acting as a board of zoning adjustments and appeals. The council may impose conditions and require guarantees in the granting of variances to ensure compliance and to protect adjacent properties. If planning commission meetings are cancelled due to lack of quorum and recommendations are not presented to the council within 30 days of the day of submitting application to the planning commission, the council may proceed without receiving a planning commission report; in this case, at least one public hearing still shall be held pursuant to Minn. Stat. § 462.357, subd. 3.
7. Conditions. The conditions in the granting of variance imposed by the council are binding for the applicant and all its successors and assigns. Violation of any of the conditions shall result in the variance becoming null and void unless new variance for condition modification is applied for and approved pursuant to this section. Whenever an application for a variance has been considered and approved by the council which imposed certain conditions, an application for a variance modification shall not be considered by the planning commission or council for at least one-year from the date of its approval or when circumstance sufficiently change to justify a review.
8. Expiration. Whenever within one-year after granting a variance the work as permitted by the variance shall not have been commenced, then the variance shall become null and void unless a request for extension of time in which to complete the work has been granted. The extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original variance. There shall be no charge for the filing of the request. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance. Upon receipt of the extension request, the Zoning Administrator may grant an extension of up to one year.
9. [Certified copy.] A certified copy of all variance permits shall be filed with the county recorder.
10. Appeal. Any person aggrieved by the granting or denial of the issuance of a variance or extension shall have the right to appeal such decision to the state district court located in the county. Such appeal shall be filed with the court within 30 days of the date of the decision of the council.

(Code 1976, § 11.22; Ord. No. 680 2nd series, § 1, 9-24-2013)

State law reference(s)—Variances, Minn. Stat. § 462.357, subd. 6(2); appeals to court, Minn. Stat. § 462.361.

1. Intent. This chapter and the boundary maps adopted pursuant to this chapter may be amended whenever the public necessity and convenience and the general welfare require.
2. Who may apply. Amendments to this chapter, including rezoning, may be initiated by:
   1. The city council;
   2. The planning commission;
   3. The city staff acting on behalf of the city council; or
   4. The affected property owner.
   For the purpose of this section, the words "affected property owner" shall mean the actual owner of the property which is proposed to be rezoned or is directly controlled by the chapter regulation proposed to be changed.
3. Application forms. All amendment requests, including rezoning requests, may be applied for only on the forms prepared by the city zoning administrator. All rezoning applications shall be accompanied by a list of names and addresses of the owners of lands within 350 feet of the property described on the application as the same appear on the records of the county.
4. Application fee. The council may, by resolution, establish a fee for the filing of applications for amendments, including rezoning, by the affected property owners. The fee shall be paid before the application shall be considered, and shall not be refundable. In case of public property being rezoned, the fee may be waived by the zoning administrator.
5. Application requirements. All applications for changes in the boundaries of any zoning district which are initiated by the petition of the 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, proposed buildings and uses, and all lands within 350 feet of the boundaries of the property proposed to be rezoned. Application for rezoning shall be made to the planning commission.
6. Procedure. The planning commission may hold such hearings on the amendment or rezoning as it may consider necessary. Before any amendment or rezoning is adopted, the planning commission shall hold a public hearing pursuant to Minn. Stat. § 462.357, subd. 3. Following the hearing, the planning commission shall make a report upon the proposal to the council and shall recommend to the council whatever action it deems advisable.
7. City council proceedings. Upon the receipt of the report of the planning commission, the council may hold whatever hearings it deems advisable and shall make a decision on the request for amendment or rezoning. When the council is making this decision, it is acting as a board of zoning adjustments and appeals. If planning commission meetings are cancelled due to lack of quorum and recommendations are not presented to the council within 60 days of the day of submitting application to the planning commission, the council may proceed without receiving a planning commission report. Unless a public hearing is held at the planning commission meeting, at least one public hearing shall be held by City Council pursuant to Minn. Stat. § 462.357, subd. 3. Unless state law otherwise requires a two-thirds vote, the amendment or rezoning shall be effective only if a majority of all the members of the council concur in its passage.
8. Appeal. Any person aggrieved by a decision of the council shall have a right to appeal such decision to the state district court located in the county. Such appeal shall be filed within 30 days of the date of the council's decision.

(Code 1976, § 11.24; Ord. No. 656 2nd series, § 1, 5-22-2012; Ord. No. 680 2nd series, § 1, 9-24-2013)

State law reference(s)—Amendments, Minn. Stat. § 462.357, subds. 2, 3.

1. Intent and purpose. It is recognized there are some uses which, because of their very nature, have serious objectionable characteristics and are not compatible with the comprehensive plan, adjacent uses, or appropriate for location within the city. Special regulation of some uses is necessary to ensure that these adverse effects will not contribute to blight or downgrading of the value of surrounding properties, and to protect the health, welfare and safety of the public in general.
2. Prohibited uses.
   1. Wind towers exceeding maximum permitted building height or 50 feet, whichever is less.
   2. Open or subsurface mining of earth, minerals, sand, gravel, stone or other raw materials.
   3. Incinerators for refuse disposal or refuse derived fuel generators for energy conversion systems.
   4. Explosives or fireworks manufacturing.
   5. Sanitary landfill operations for disposal of refuse.
   6. Free standing commercial furnaces.

(Ord. No. 590 2nd series, § 1, 2-19-2008; Ord. No. 609 2nd series, § 3, 4-28-2009)

1. Conditional use permits may be issued for any of the following:
   1. Any of the uses or purposes for which such permits are required by the provisions of this chapter.
   2. To classify as a conforming use any nonconforming use existing in any district at the time of the establishment of such district or before April 6, 1964, or on the effective date of amendments to this chapter.
   3. Any permitted principal use that occupies more than 75 percent but less than 90 percent of the building, unless the remaining use is listed as a permitted or permitted accessory use.
2. Interim use permits may be issued for any of the following:
   1. Any of the uses or purposes for which such permits are required by the provisions of this chapter.
   2. Any use for a limited period of time not to exceed 180 days until a permanent location is obtained or while the permanent location is under construction.
   3. Any use that is seasonal or temporary in nature.
   4. Any use for a limited period of time not to exceed 180 days that reasonably uses the property where it is not reasonable to use it in the manner otherwise provided in the zoning ordinance or comprehensive plan.
   5. Any use for a limited period of time that reasonably uses the property in the manner not provided in the zoning ordinance or comprehensive plan but which the council deems appropriate for future consideration as a permitted or conditional use.

(Code 1976, § 11.21(1); Ord. No. 680 2nd series, § 1, 9-24-2013; Ord. No. 747 2nd series, § 1, 12-10-2019)

1. Conditional and interim use permits may be applied for only on the forms prepared by the city zoning administrator. All applications shall be accompanied by a list of names and addresses of the owners of lands within 350 feet of the property described on the application as the same appear on the records of the county.
2. The council may, by resolution, establish a fee for the filing of applications for conditional and interim use permits. The fee shall be paid before the application shall be considered, and shall not be refundable.

(Code 1976, § 11.21(2), (3); Ord. No. 680 2nd series, § 1, 9-24-2013; Ord. No. 747 2nd series, § 1, 12-10-2019)

1. Application for the issuance of a conditional or interim use permit shall be made to the planning commission. The planning commission may hold such hearings on the proposal to issue a conditional or interim use permit as it may consider necessary, but at least one public hearing shall be held pursuant to Minn. Stat. § 462.357, subd. 3. Following the hearing, the planning commission shall make a report upon the proposal to the council and shall recommend to the council whatever action it deems advisable.
2. Upon receipt of the report of the planning commission, the council may hold whatever hearings it deems advisable and shall make a decision upon the request for a conditional or interim use permit. When the council is making such decision, it is acting as a board of zoning adjustments and appeals. The council may impose conditions and require guarantees in the granting of conditional or interim use permits to ensure compliance and to protect adjacent properties. If planning commission meetings are cancelled due to lack of quorum and recommendations are not presented to the council within 30 days of the day of submitting application to the planning commission, the council may proceed without receiving a planning commission report; in this case, at least one public hearing shall be held pursuant to Minn. Stat. § 462.357, subd. 3.
3. Any use permitted under the terms of any conditional or interim use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.
4. The conditions in the granting of conditional or interim use permit imposed by the council are binding for the applicant and all its successors and assigns. Violation of any of the conditions shall result in the granted permit becoming null and void unless a variance for condition modification is applied for and approved pursuant to this chapter. Whenever an application for a conditional use permit has been considered and approved by the council which imposed certain conditions, an application for a condition modification variance shall not be considered by the planning commission or council for at least one-year from the date of a conditional use permit approval or when circumstance sufficiently change to justify a review. Interim use permits are issued to an applicant and cannot be transferred to another entity.
5. Expiration. Whenever within one year after granting a conditional use permit, the work as permitted shall not have been commenced, then the conditional use permit shall become null and void unless a request for extension of time in which to complete the work has been granted. The extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the request. The request for extension shall state facts showing good faith attempt to complete the work permitted in the conditional use permit. Upon receipt of the extension request, the Zoning Administrator may grant an extension of up to one year. Conditional use permits may be revoked by the City if the conditional use requires the property to be used in the conditionally permitted manner continuously and the property ceases to be continually used for a period of twelve consecutive months or longer. A conditional use permit for a nonconforming use expires upon discontinuance of the nonconforming use for a period of twelve months or longer.
6. A certified copy of all conditional use permits shall be filed with the county recorder.
7. Any person aggrieved by the granting or denial of the issuance or extension of a conditional or interim use permit shall have the right to appeal such decision to the state district court located in the county. Such appeal shall be filed with the court within 30 days of the date of the decision of the council.

(Code 1976, § 11.21(4); Ord. No. 680 2nd series, § 1, 9-24-2013; Ord. No. 747 2nd series, § 1, 12-10-2019)

1. When the planning commission, or the city council, is reviewing the proposed conditional or interim use permit, besides the special conditions, if any, provided for in each zoning district and for each specific conditional or interim use, it shall also evaluate the following when applicable:
   1. Whether the proposed use is compatible with the existing neighborhood environment and use.
   2. The adequacy of the access to roads and rights-of-way.
   3. The additional traffic generated by facility.
   4. The landscaping, fencing and/or screening provisions.
   5. The outside storage provisions.
   6. The accessory buildings provisions.
   7. The facility size.
   8. The area of site.
   9. The off-street parking facilities.
   10. The density of the population and structures.
   11. The duration of proposed interim use.
   12. The natural features of the area.
   13. The availability of existing utility and public service facility.
   14. The future maintenance provisions.
   15. Whether the proposed use will be injurious to the property or improvements in the area adjacent to such proposed use and the community as a whole, including planned development.
2. In evaluating the above considerations, additional conditions that may be necessary to protect the best interests of the surrounding area or community as a whole, may be considered and imposed.

(Code 1976, § 11.21(5; Ord. No. 680 2nd series, § 1, 9-24-2013; Ord. No. 747 2nd series, § 1, 12-10-2019)

1. An interim use permit shall be required for all home occupations in agricultural and all residential districts unless any of the following three conditions exist:
   1. Such home occupation is supplementary to a business that has its principal place of business legally located elsewhere.
   2. Such home occupation is entirely computer and/or internet based.
   3. Such home occupation is conducted entirely outside the premises except bookkeeping and regular mail delivery.
   In addition to any of the above conditions, the home occupation must be such that the traffic entering such dwelling does not exceed that which is normal and customary for a residence, no business related vehicles or vehicles with business advertisement are parked or stored outside, no vehicular traffic or street parking is generated in greater volume than would normally be expected in a residential neighborhood, no direct sale of goods to the consumer occurs on premises, and it meets all relevant provisions of subsection (b). As an exception, for businesses compliant with conditions (1) or one business related car, van or light truck with business advertisement may be parked outside at nights and on weekends.
2. Home occupations shall at a minimum meet the following conditions:
   1. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its residential use by the applicant.
   2. The home occupation related space may not exceed one-third of the living space of the dwelling, excluding garages and accessory buildings.
   3. The conduct of the home occupation shall not result in any change in the outside appearance of the building or land.
   4. No exterior display or signs related to the home occupation shall be installed.
   5. No direct sale of goods that are not produced, customized, or modified on site shall take place, except during occasional home sale parties not scheduled on a regular basis.
   6. No equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare or electrical disturbance to radio or television reception and no hazard beyond the one customary for dwellings is created.
   7. Only persons that are members of the family and residing in the premises shall be employed on the premises.
   8. There shall be no exterior storage of materials, business equipment or vehicles except one business related car, van or light truck with business advertisement may be parked outside at nights and on weekends.
   9. Not more than one-half of the accessory buildings shall be used for the storage of merchandise, business equipment, materials or machinery.
   10. No separate entrance for customers may be provided or used.
   11. No sewer, water or electric usage beyond what is typical for a dwelling shall occur.
   12. No regular business hours shall be advertised, including on social media, and all services shall be rendered by appointment only with no general public walk-ins or retail services.
   13. If at any time more than two customers may be present, off-street parking shall be provided in addition to parking required for a dwelling. Such parking shall be provided in a location customarily associated with single family dwellings.
   14. No customers shall be present between 9:00 p.m. and 6:00 a.m.
   15. Additional home occupation related vehicular traffic, including delivery, shall not exceed four vehicles per day.
3. All home occupation interim use permits are issued for initial one-year term and may be renewed for future terms, under the same interim use procedure, provided no violations of established conditions were observed. The first renewal shall be for five years, and the second renewal shall be until the property is sold or transferred to another owner. If any of the interim use permit conditions are found to be violated, the permit may be revoked, or future renewal terms may be limited.
   
4. The home occupation interim use permit is granted to an applicant for a specific property and is not transferable to another person or property, thus expiring at the sales or any other type of property transfer.
5. The applicant, upon making application, grants to the City upon issuing any home occupation interim use permit the right to inspect the premises in which the occupation is being conducted at any time to ensure compliance with the provisions of this section and any conditions additionally imposed.
6. All home occupations involving the following activities, even if formally compliant with subsection (b), are prohibited:
   1. Any automotive related activity including, but not limited to, auto repair and detailing.
   2. Any children related activity except those licensed by the State and individual lessons.
   3. Any animal related activity including, but not limited to, kenneling and breeding, except household pet grooming.
   4. Any funeral related activity including, but not limited to, mortuaries and embalming services.
   5. Any activity involving commercial cooking, including, but not limited to, restaurants and cafes, except dessert making for private individual customers.
   6. Any activity involving multiple garage sales.
   7. Any illegal activity.
   8. Any activity involving multiple guest assemblies except occasional home sale parties not scheduled on a regular basis.
   9. Any activity involving tobacco or alcohol production or sale.
   10. Any business licensed under Minnesota Statutes, Chapter 342 or for which a registration is required by City Code, §22-222.
       

(Ord. No. 747 2nd series, § 1, 12-10-2019)

Editor's note(s)—Ord. No. 747 2nd series, § 1, adopted Dec. 10, 2019, amended § 86-50 to read as set out herein. Previously § 86-50 was titled offices of persons and home occupations and derived from Code 1976, § 11.21(6); and Ord. No. 680 2nd series, § adopted Sep. 24, 2013.