Mayer City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.150 ZONING OFFICER/ADMINISTRATOR.
The specific duties of the Zoning Officer include:
(A) Providing zoning information upon request.
(B) Receiving applications for interim use permits, variances, amendments, and appeals, referring such applications to the appropriate official body, notifying effected property owners of required public hearings, and publishing notice of such hearings.
(C) Notifying applicants for interim use permits, variances, amendments, and appeals of actions taken by the official bodies relative to their applications.
(D) Conducting inspections to determine and assure compliance with ordinance provisions.
(E) Investigating violations, notifying persons accused of violations and describing the nature of such, and initiating appropriate actions against violators as provided by law.
(F) Maintaining permanent and current records of this chapter and the Official Zoning Map, including but not limited to interim use permits, variances, amendments, appeals, and applications.
(Ord. 102, passed 7-9-01)
§ 152.151 PLANNING COMMISSION DUTIES IN ZONING ADMINISTRATION.
Planning Commission duties in zoning administration shall be:
(A) To hold public hearings on applications for amendments to this chapter. The Commission shall not have the authority to make changes or amendments to this chapter; rather, it shall act in an advisory manner to the City Council making its recommendation in all cases referred to it.
(B) To consider applications for interim use permits provided for in this chapter and to transmit its recommended action to the City Council for final action.
(C) To review and approve applications for building permits.
(Ord. 102, passed 7-9-01; Am. Ord. 154, passed 5-26-09)
§ 152.152 PERMITS.
(A) Building permits. No person shall erect, alter, remodel, wreck or move any kind of a structure or building or part thereof without first securing a building permit as provided for by the Minnesota State Building Code or other applicable code or ordinances.
(B) Certificate of occupancy. No new building or addition and no land whose use has been changed shall be occupied other than for a public utility use until a certificate of occupancy has been issued stating that the new occupancy complies with all applicable ordinances.
(1) A final certificate of occupancy for new residential homes will not be issued until the following items are completed (if approved by the Building Inspector, a temporary certificate of occupancy may be issued):
(a) Upon completion of rough grading, an as-built certificate of grading survey shall be completed and certified to by a registered engineer or land surveyor. An as-built survey and certificate of grading form shall be submitted to the city for approval/acceptance. As-built surveys shall be in conformance with the city approved grading plan. As-built surveys shall show all required checklist information provided on the City of Mayer As-Built Certificate of Grading form.
(c) A paved/hard surfaced driveway.
(C) Exhibits. Each application for a building permit shall be accompanied by the following exhibits unless waived by the Zoning Officer:
(1) New residential construction. Two sets of construction details and a certificate of survey illustrating structure location, pavement location, dimensions, setbacks, elevations, lot size, easements and public drain tile tie-in-location.
(2) Site plan review materials, as set forth in § 152.031, for all building permits other than single-family dwelling unit new construction and reconstruction.
(D) Permit application procedure. The procedure for applying for a building permit shall be as follows:
(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, 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 Officer.
(3) The Zoning Officer determines the permit fee and collects the fee from the applicant. The permit application for all uses, except single-family dwelling unit new construction and additions/remodeling, will then be forwarded to the Planning Commission for review and approval according to the provisions of this chapter.
(E) Expiration of building permit. If the work described in any building permit has not begun within 180 days from the date of issuance thereof, the permit shall expire. It shall be canceled by the Zoning Officer and written notice thereof shall be given to the persons affected.
(Ord. 102, passed 7-9-01; Am. Ord. 102-R, passed 6-26-06)
§ 152.153 BOARD OF APPEALS AND ADJUSTMENTS; VARIANCES.
(A) Board of Appeals and Adjustments (Board). Pursuant to the authority of M.S. § 462.354, subd. 2, the City Council of the City of Mayer shall act as the Board of Appeals and Adjustments for the city and shall have the powers granted under M.S. §§ 462.357, subd. 6, and 462.359, subd. 4, as they may be amended from time to time.
(B) Appeals.
(1) Appeals may be taken to the Board of Appeals and Adjustments by any person who alleges there is an error in any order, requirement, decision or determination made by an administrative official or department in the enforcement of the zoning ordinance. Such appeal shall be taken within 60 days of the alleged order or decision by filing with the zoning officer, City Administrator or City Clerk a notice of appeal and specifying the grounds thereof. The administrative officer shall transmit to the Board all papers and information constituting the record upon which the action appealed from was taken.
(2) Hearings. Public hearings shall be held by the Board on all appeals taken to it. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. All time requirements mandated by state law shall be followed. At the hearing any party may appear in person, by agent or attorney.
(a) The property owner or his or her agent shall meet with the zoning officer to explain his or her situation, learn the procedures and obtain an application form.
(b) The applicant shall file the completed application form, together with the required exhibits, and any other information required by the zoning officer or the Board of Appeals and Adjustments, with the zoning officer and shall pay the required filing fee. The application shall include a list obtained from the county of all property owners located within 350 feet of the boundary of the subject property. An application will not be considered until fully completed.
(c) The zoning officer shall transmit the application and one copy of the exhibits to the Board and to the Planning Commission.
(d) The Planning Commission shall consider the application for variance and make recommendations to the Board of Appeals and Adjustments.
(e) Upon receipt of the recommendation of the Planning Commission, the Board shall hold a public hearing on the application in the manner set forth in division (B)(2) of this section.
(f) A violation of any condition set forth in granting a variance shall be a violation of this section and automatically terminates the variance.
(C) Expiration. Unless the Board of Appeals and Adjustments specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the Board, unless the applicant commences the authorized use or improvement within one year of the date the variance is issued or unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. Said extension shall be presented to the Planning Commission for a recommendation and to the Board for a decision.
(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 102-V, passed 6-11-07; Am. Ord. 173, passed 10-24-11; Am. Ord. 205, passed 11-9-15)
§ 152.154 INTERIM USES.
(A) Purpose. In addition to the purposes stated in § 152.002, it is intended that the interim use permit procedures allow flexibility in the use of land or structures in the city when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety and welfare.
(B) Application, public hearing, and procedure. The application, public hearing, notice, and procedure requirements for interim use permits shall be the same as those for amendments, as provided in § 152.155, except that approval of an interim use by the City Council requires only a simple majority affirmative vote. If a proposed interim use is not listed as a permitted interim use in this chapter, a text amendment to this chapter will be required before an interim use permit may be considered.
(C) Termination. All interim use permits shall terminate on the happening of any of the following events, whichever first occurs:
(1) The termination date stated in the permit.
(2) A violation of the conditions under which the permit was issued.
(3) A change in the city’s zoning regulations that renders the use nonconforming.
(D) Standards.
(1) The interim use must be allowed in the zoning district where the property is located.
(2) The interim use must meet or exceed the performance standards set forth in this chapter and other applicable city ordinances.
(3) The interim use must comply with the specific standards for the use identified in this chapter, and must comply with all conditions of approval, which shall be included in the interim use permit agreement.
(E) Conditions. The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and objectives of the Comprehensive Plan.
(F) Annual review/revocation. The Planning Commission may require the annual review of any interim use permit to ensure that its conditions are being complied with. Failure to comply with any condition set forth in a interim use permit shall constitute a violation of this section and shall be cause for the revocation of the interim use permit by the City Council following a public hearing. The property owner shall be notified in advance of the City Council’s review of the permit.
(G) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, interim use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued or unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. Said extension shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 102, passed 7-9-01; Am. Ord. 205, passed 11-9-15)
§ 152.155 CONDITIONAL USE PERMITS (CUP).
(A) Intent and purpose. Unless carefully controlled and monitored, some uses have the potential to have a deleterious effect on adjacent properties and the city as a whole. They must therefore meet and maintain a higher standard of quality to ensure land use and environmental compatibility. Uses possessing unique and potentially detrimental characteristics may be authorized in certain zoning districts by issuance of a CUP when certain conditions are met.
(B) Exhibits. The following exhibits shall be required for a conditional use permit:
(1) A boundary survey and plot plan showing all site dimensions and legal description of the property as required for building permit applications.
(2) Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of such buildings.
(3) All types of proposed uses.
(4) An abstracter’s certificate showing the names and addresses of all property owners within 350 feet of the outer boundaries of the property in question.
(C) Procedures. After the filing of an application, the Zoning Officer shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing. Notice of proposed rezoning shall also be mailed to each property owner within 350 feet of the proposed zoning district boundary amendments. Upon hearing the request, the Planning Commission shall recommend approval, denial or conditional approval of the proposed CUP and shall state the reasons for its action. The City Council shall consider the recommendation by the Planning Commission within 30 days and shall approve, deny or modify the request for the CUP.
(D) Standards for granting conditional use permits. A conditional use permit may be granted by the City Council after demonstration by evidence that:
(1) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare.
(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
(5) Adequate measures have been or will be taken to minimize traffic congestions in the public streets.
(6) The conditional use shall meet the specific requirements set forth in each district, defined in this chapter.
(7) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(E) Duration. A conditional use permit shall remain in effect as long as the agreed upon conditions are observed.
(F) Annual review/revocation. The Planning Commission may require the annual review of any conditional use permit to ensure that its conditions are being complied with. Failure to comply with any condition set forth in a conditional use permit shall constitute a violation of this chapter and shall be cause for the revocation of the conditional use permit by the City Council following a public hearing. The property owner shall be notified in advance of the City Council’s review of the permit.
(G) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued or unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. Including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Said extension shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 205, passed 11-9-15)
§ 152.156 AMENDMENT.
(A) Amendments to this chapter may be initiated by the Planning Commission, City Council or by petition of a landowner.
(B) Applications provided by the city must be completed in writing prior to any consideration for an amendment. Fees for zoning amendments are established by resolution of the City Council.
(C) The city may require the applicant to provide plans, maps, surveys, and the like, to ensure proper review and consideration of any proposed amendment to the written provisions of this chapter or zoning district boundaries.
(D) After the filing of an application, or after initiation by the City Council, the Zoning Officer shall set a date for a public hearing. Notice of the hearing for all amendments shall be posted and published at least ten days prior to the date of the hearing. Notice of proposed rezoning shall also be mailed to each property owner within 350 feet of the proposed zoning district boundary amendments.
(E) Upon hearing the request, the Planning Commission shall recommend either approval or denial of the proposed amendment and shall state the reasons for its action.
(F) Within 30 days of the recommendation by the Planning Commission, the City Council shall consider the recommendation and shall approve, deny or modify the request to amend this chapter.
(Ord. 102, passed 7-9-01)
§ 152.157 FEES.
(A) Fees for site plan reviews, variances, permits, and amendments shall be established from time to time by resolution by the City Council.
(B) The City shall be reimbursed for all out-of-pocket expenses incurred during site plan reviews or issuance of permits.
(C) Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. There shall be no fee in the case of applications filed in the public interest by the City Council or by the Planning Commission.
(Ord. 102, passed 7-9-01)
§ 152.999 PENALTY.
Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements may upon conviction be punished to the maximum extent allowed by law. Each day a violation continues shall be considered a separate offense.
(Ord. 102, passed 7-9-01; Am. Ord. 102-J, passed 2-28-05; Am. Ord. 188, passed 4-11-13)