This chapter is established to set forth the procedures required for the administration of this zoning ordinance, to outline the powers and duties of the officials and bodies charged with such administration, to establish standards for required zoning reviews, and to provide for its enforcement in a manner that adds to the quality of land use and development and protects the public health, safety, and welfare.

In order to provide for the efficient administration of this zoning ordinance, whenever a project or proposal requires more than one (1) land use review, including but not limited to conditional use permit, site plan review, rezoning, expansion or change of nonconforming use, certificate of nonconforming use, variance, land subdivision, or vacation of public right-of-way, all applications shall be processed concurrently. If the required land use reviews are assigned to both the city planning commission and the board of adjustment, the city planning commission shall review all applications in accordance with the standards herein described. Applications considered by the heritage preservation commission and comprehensive plan map amendments shall not be regulated by this section.

If a proposed application includes phased development or components of development which, if taken together as proposed or completed would be regulated as a multiple-family development, cluster development, supportive housing or similar development, conformance with such applicable zoning regulations shall be a condition of any zoning approval.

No decision of the zoning administrator or planning director, or zoning approval granted by the city planning commission, board of adjustment or city council, except zoning amendments, shall be valid for a period longer than two (2) years from the date of such decision unless the building permit is obtained within such period and the erection or alteration of a building is substantially begun and proceeds on a continuous basis toward completion, or the use is established within such period by actual operation pursuant to the applicable conditions and requirements of such approval. The zoning administrator, upon written request, may for good cause shown grant up to a one (1) year extension to this time limit, or two (2) years for a planned unit development.

The city shall withhold any building permit, demolition permit, grading permit, utility connection, license, or other approval required for a use if the proposed plan is inconsistent with the final plan approved by the zoning administrator, planning director, board of adjustment, city planning commission or city council. Chapter 550, Article V, Site Plan Review Standards, includes more specific guidance regarding changes to approved plans for buildings and uses subject to site plan review.

(a) Generally. Decision-making bodies and officials may impose conditions on the approval of applications and may require such guarantees as they deem reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan.

(b)

Exceptions. The following applications shall not be subject to conditions of approval:

(1)

Certificate of nonconforming use;

(2)

Comprehensive plan map amendment; or

(3)

Zoning map amendment.

All land use approvals made pursuant to this zoning ordinance shall remain in effect as long as all of the conditions and guarantees of such approval are observed. Failure to comply with such conditions and guarantees shall constitute a violation of this zoning ordinance and may result in termination of the land use approval.

(a) In general. No new application for zoning approval shall be accepted or deemed complete for purposes of Minn. Statutes, Section 15.99, until all previous applications for such project or proposal have been finally acted upon or withdrawn.

(b)

Noncomplying properties. No new application for zoning approval shall be accepted or deemed complete for purposes of Minn. Statutes, Section 15.99, if at the time of application such property is not in compliance with the requirements of a previous land use approval by the zoning administrator, planning director, board of adjustment, city planning commission, or city council. Upon receipt of such an application, the zoning administrator shall inspect the property and provide written notice to the applicant indicating the nature of the zoning violation and the action necessary to correct it.

When a land use application is denied by the city planning commission, board of adjustment, or city council, the zoning administrator will not accept the same application for the same proposal on the property within one (1) year of the final action. An application will be accepted within one (1) year if the zoning administrator determines that the proposal is substantively different from the previous proposal that was denied.

(a) Establishment. There is hereby established the office of the zoning administrator. The zoning administrator shall be the individual designated by the director of the department of community planning and economic development to serve as the city's zoning administrator or their authorized representative.

(b)

Jurisdiction and authority. The zoning administrator shall have the following powers and duties in connection with the administration of this zoning ordinance:

(1)

To interpret and administer the provisions of this zoning ordinance and maintain records of such interpretations.

(2)

To issue zoning permits and maintain records thereof.

(3)

To maintain permanent and current records of this zoning ordinance, including but not limited to all maps, amendments, conditional use permits, variances, appeals, site plan reviews and expansions or changes of nonconforming use, and applications therefore.

(4)

To provide information relative to all matters arising out of the zoning ordinance.

(5)

To receive, review, file, and forward all complete land use applications to their respective review bodies, as provided in this zoning ordinance.

(6)

To review and make recommendations on proposed amendments to this zoning ordinance.

(7)

To issue temporary use permits regulating temporary uses, pursuant to Chapter 535, Regulations of General Applicability.

(8)

To issue certificates of nonconforming use for structures, pursuant to Chapter 545, Article VI, Nonconforming Uses and Structures.

(9)

To maintain all zoning records which are a part of the administration of the zoning codes adopted in 1924, 1963, and 1999.

(10)

To serve as the secretary for the board of adjustment.

(11)

To establish and administer rules and regulations relating to the administration of this zoning ordinance, including application forms.

(12)

To consult with the city engineer to determine compliance with standards for uses within the FP Floodplain Overlay District, as specified in Chapter 535, Overlay Districts, and maintain records thereof, and notify the Minnesota Commissioner of Natural Resources when the giving of any notice is required by this zoning ordinance.

(13)

To perform the review of all administrative zoning applications.

(14)

To enforce this zoning ordinance by commencement of appropriate administrative and legal remedies, including but not limited to issuance of citation or written orders, or reference to the city attorney for issuance of a formal complaint.

(15)

To take such other actions as reasonable and necessary for the administration and enforcement of this zoning ordinance.

(a) Establishment. The department of community planning and economic development is established in Article VII of the Minneapolis City Charter and Chapter 415 of this Code. The department of community planning and economic development shall perform its duties and exercise its powers as provided by law in such a way as the objectives of this zoning ordinance shall be observed.

(b)

Jurisdiction and authority. The director of the department of community planning and economic development or their authorized representative shall have the following powers and duties in connection with the administration of this zoning ordinance:

(1)

To review and make recommendations regarding land use applications and perform the administrative review of applications, as authorized by this zoning ordinance.

(2)

To conduct studies for the purpose of recommending amendments to this zoning ordinance.

(3)

To make comprehensive studies of conditions and trends for the purpose of recommending a comprehensive plan and amendments thereto.

The zoning administrator, planning director, building official, and director of regulatory services, shall have the following powers and duties in connection with the administration of this zoning ordinance:

(1)

To enforce this zoning ordinance by commencement of appropriate administrative and legal remedies, including but not limited to issuance of citation or written orders, or reference to the city attorney for issuance of a formal complaint.

(2)

To take such other actions as reasonable and necessary for the enforcement of this zoning ordinance.

(a) Establishment. The city planning commission is established by Article VII of the Minneapolis City Charter and shall perform its duties and exercise its powers as provided therein.

(b)

Jurisdiction and authority, advisory. The city planning commission shall make advisory recommendations on the following matters in the administration of this zoning ordinance:

(1)

Amendments to this zoning ordinance, including rezoning applications.

(2)

Adoption of the comprehensive plan and proposed amendments to the comprehensive plan.

(3)

Vacations of public right-of-way.

(4)

Appointments to the board of adjustment.

(c)

Jurisdiction and authority, final action. The city planning commission shall make final decisions on the following matters in the administration of this zoning ordinance, subject to applicable appeals of the commission's decisions:

(1)

Land use applications, including conditional use permit, site plan review, expansion of a nonconforming use, and change of nonconforming use.

(2)

Land use applications pursuant to Section 525.20, including but not limited to variances and certificates of nonconforming use, as part of concurrent review.

(3)

Appeals from any order, requirement, decision, determination, or interpretation made by the zoning administrator, planning director, or other official in the administration or the enforcement of this zoning ordinance with respect to administrative review of permitted communication towers, antennas and base units, travel demand management plans, transfer of development rights, floor area ratio premiums, plazas, and site plan review except those involving single-, two-, and three-family dwellings.

(d)

Jurisdiction and authority, initiate. The city planning commission may initiate the following matters in the administration of this zoning ordinance, subject to final action by the city council:

(1)

Amendments to the text of this zoning ordinance and to the zoning map.

(2)

Amendments to the comprehensive plan.

(e)

Rules and procedures. The city planning commission shall adopt policies and procedures for the conduct of its meetings, the processing of applications, for any other purposes considered necessary for its proper functioning, and select or appoint officers including a president, vice president, secretary, and other such officers as it deems necessary. Such policies and procedures shall be consistent with the city charter and this zoning ordinance.

(f)

Compensation of city planning commission members. The members or the representative of a member of the city planning commission, except those who are paid by the city or any other public body or agency for attending or serving on the commission, shall be paid at the rate of fifty dollars ($50.00) for each official meeting attended with a limitation of one (1) meeting per day and four (4) meetings per month.

(g)

Membership. The city planning commission shall consist of ten (10) members as follows:

(1)

Members shall serve for a term of two (2) years.

(2)

Four (4) members shall be appointed by the mayor. Each year the mayor shall appoint two (2) members, who are city residents and not members of any body or board otherwise represented on the commission, to serve for terms of two (2) years each commencing on the first day of January of the year of their appointment.

(3)

The city council shall appoint one (1) member, who is a city resident, in January of each even-numbered year.

(4)

The city council, park and recreation board, and school board shall each elect one (1) of their own members to serve on the city planning commission in January of each even-numbered year.

(5)

One (1) member shall be the mayor or their representative.

(6)

One (1) member shall be a representative selected by the board of county commissioners every two (2) years.

(7)

Vacancies shall be filled for any unexpired term in the same manner as the appointment of selection is made.

(Ord. No. 2024-044, § 3, 11-14-2024)

(a) Establishment. There is hereby established a board of adjustment, which shall perform its duties and exercise its powers as provided by law in such a way as the objectives of this zoning ordinance shall be observed.

(b)

Jurisdiction and authority, final action. The board of adjustment shall make final decisions on the following matters in the administration of this zoning ordinance, subject to applicable appeals of the board's decisions:

(1)

Applications for variances from the provisions of this zoning ordinance and applications for certificates of nonconforming use.

(2)

Appeals from any order, requirement, decision, determination, or interpretation made by the zoning administrator, director of regulatory services, planning director or other official in the administration or the enforcement of this zoning ordinance. Certain appeals are considered and acted on by the city planning commission instead of the board of adjustment as specified in Section 525.130(c)(3).

(c)

Rules and procedures. The board of adjustment shall adopt policies and procedures for the conduct of its meetings, the processing of applications, for any other purposes considered necessary for its proper functioning, and select or appoint officers including a chair, vice chair, and other such officers as it deems necessary.

(d)

Compensation of board of adjustment members. The members of the board of adjustment shall be paid at the rate of fifty dollars ($50.00) for each official meeting attended with a limitation of one (1) meeting per day and four (4) meetings per month.

(e)

Membership. The board shall consist of nine (9) members who shall be appointed by the city council from an advisory list submitted to it by the city planning commission. All appointments shall be made in conformance with the city's open appointments ordinance as outlined in Chapter 14 of the Minneapolis Code of Ordinances. Members shall serve for a term of three (3) years and shall be appointed as the terms of the present members of the existing board of adjustment expire. All members shall continue in office until their successors are appointed. Any member of the board may be removed there from for cause by the city council.

The city council shall have the following powers and duties in connection with the administration of this zoning ordinance:

(1)

To initiate amendments to this zoning ordinance.

(2)

To adopt amendments to this zoning ordinance.

(3)

To adopt and amend a comprehensive plan for the city or portions thereof.

(4)

To hear and decide appeals from decisions of the city planning commission and board of adjustment, as authorized by this zoning ordinance. The city council shall have the authority to accept new evidence regarding the matter on appeal. The city council shall have the same authority as the city planning commission or board of adjustment to approve, deny, modify, grant exceptions, or impose conditions on the application or other matter that is the subject of the appeal.

(5)

To adopt and amend interim ordinances, and to hear and decide applications for waivers from such ordinances.

(6)

To approve interim uses.

(7)

To hear and decide appeals from any order, requirement, decision, determination, or interpretation made by the zoning administrator, planning director, or other official in the administration or the enforcement of this zoning ordinance with respect to height premiums.

(8)

To take such other actions not delegated to other bodies which may be desirable and necessary to implement the provisions of this zoning ordinance.

(Ord. No. 2024-044, § 3, 11-14-2024)

Any person having a legal or equitable interest in a property may file a land use application affecting the use or development of a property. A legal or equitable interest in a property is not required in order to appeal a decision of the zoning administrator, city planning commission, or board of adjustment.

(a) In general. All applications shall be filed on a form approved by the zoning administrator and shall be submitted and processed by the zoning administrator, who shall make a preliminary investigation, in accordance with the procedures set forth in this chapter.

(b)

Determination of completeness of application. The zoning administrator shall review all applications and determine whether such applications are complete. Applications shall not be accepted as complete until the applicant has complied with all of the following:

(1)

A pre-application meeting with city staff during which the appropriate application procedures, requirements and applicable zoning ordinance provisions are reviewed and explained. The zoning administrator may waive this requirement for applications involving less complexity.

(2)

Submittal of all required application forms relating to the application.

(3)

Submittal of all supporting information required by city ordinance, the zoning administrator, the planning director, the application forms, or by law.

(4)

Submittal of all fees.

(5)

Submittal of all required environmental reviews.

(6)

Submittal of all required state and federal permits for uses located in the FP Floodplain Overlay District.

(7)

City council and neighborhood notification by the applicant.

a.

For all land use applications requiring a public hearing as set forth in this zoning ordinance, except appeals of decisions of the city planning commission or board of adjustment, submittal of evidence that notification of the application has been mailed or delivered to the ward council office and the neighborhood group(s) for the area in which the property is located.

b.

For all applications for administrative site plan review as set forth in Chapter 550, submittal of evidence that notification of the application has been mailed or delivered to the neighborhood group(s) for the area in which the property is located. The neighborhood group(s) to be notified are those organizations that appear on the list maintained by the city for this purpose.

c.

The notification shall include the following information:

1.

A description of the project; the zoning approvals that the applicant is aware are needed for the project;

2.

The address of the property for which zoning approval is sought; and

3.

The applicant's name, address, telephone number, and e-mail address, if available.

d.

Where the property for which zoning approval is sought is located on a public street that acts as a boundary between two (2) or more neighborhoods, the above information shall also be provided to the neighborhood group(s) representing the adjacent area(s).

(c)

Incomplete applications. If after the application has been accepted, the zoning administrator determines that the application is not complete, the zoning administrator shall notify the applicant in writing within fifteen (15) business days of receipt, specifying any deficiencies of the application, including any additional information which must be supplied, and that no further action shall be taken by the city on the application until the deficiencies are corrected.

(d)

Remedy of deficiencies. If the applicant fails to correct the specified deficiencies within thirty (30) days of the notification of deficiency, the application may be deemed withdrawn and will be returned to the applicant.

(e)

Extensions of time. Upon written request by the applicant, the zoning administrator may, for good cause shown and without any notice or hearing, grant extensions of any time limit imposed on an applicant by these application procedures.

(a) Notice. Notice of a public hearing shall occur as described in this section. 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.

(1)

Land use applications. For all land use applications requiring a public hearing as set forth in this zoning ordinance, except appeals of decisions of the city planning commission or board of adjustment, interim use permits, and applications for waiver of the restrictions of an interim ordinance, notice of the public hearing shall be given in the following manner.

a.

Newspaper of general circulation. The city shall publish notice of the time, place and purpose of the public hearing at least once, not less than fifteen (15) days before the hearing, in a newspaper of general circulation.

b.

Registered neighborhood groups. The city shall mail notice of time, place, and purpose of the public hearing to the registered neighborhood group(s) for the area in which the subject property is located not less than twenty-one (21) days before the hearing.

c.

Affected property owners. The city shall mail notice of the time, place, and purpose of the public hearing to all owners of record of property located in whole or in part within three hundred and fifty (350) feet of the boundaries of the subject property, not less than fifteen (15) days before the hearing.

d.

Posted card. Notice of time, place, and purpose of such public hearing shall also be posted, with a card sign furnished by the city, on not less than two (2) locations on the property that allow the signs to be read from a public sidewalk or street. Said sign shall be posted not later than ten (10) days prior to the date of the hearing.

(2)

Appeals of decisions of the city planning commission or board of adjustment. Not less than ten (10) days before the public hearing to be held by the appropriate committee of the city council to consider the appeal, the city shall mail notice of the hearing to the property owners and the registered neighborhood group(s) who were sent notice of the public hearing held by the city planning commission or the board of adjustment.

(3)

Interim use permits and applications for waiver of the restrictions of an interim ordinance. For interim use permits and applications for waiver of the restrictions of an interim ordinance, notice of the public hearing shall be given in the following manner.

a.

Newspaper of general circulation. The city shall publish notice of the time, place and purpose of the public hearing at least once, not less than ten (10) days before the hearing, in a newspaper of general circulation.

b.

Registered neighborhood groups. The city shall mail notice of the time, place, and purpose of the public hearing to the registered neighborhood group(s) for the area in which the subject property is located not less than ten (10) days before the hearing.

c.

Affected property owners. The city shall mail notice of the time, place, and purpose of the public hearing to all owners of record of property located in whole or in part within three hundred and fifty (350) feet of the boundaries of the subject property, not less than ten (10) days before the hearing.

(4)

Zoning amendments initiated by the city council or city planning commission. For all zoning amendments initiated by the city council or city planning commission as set forth in this chapter, except interim ordinances, notice of the public hearing shall be given in the following manner.

a.

Newspaper of general circulation. The city shall publish notice of the time, place and purpose of the public hearing in a newspaper of general circulation in the manner provided by Minnesota Statutes, Section 462.357.

b.

Registered neighborhood groups. The city shall mail notice of time, place and purpose of the public hearing to the affected registered neighborhood group(s) not less than twenty-one (21) days before the hearing.

c.

Property owners. For amendments to change the zoning map, notice to affected property owners shall be provided in the manner provided by Minnesota Statutes, Section 462.357.

(b)

Notification regarding natural resources, FP Floodplain and SH Shoreland Overlay Districts. When any conditional use permit, variance, or zoning amendment, relates to the FP Floodplain or SH Shoreland Overlay Districts, as established in Chapter 535, Overlay Districts, the zoning administrator shall mail to the Minnesota Commissioner of Natural Resources, Minneapolis Park and Recreation Board, and the affected watershed district or flood-control commission, the notice of the hearing at least twenty-one (21) days in advance of the hearing. In addition, a copy of all decisions shall be forwarded to such agencies within ten (10) days of any decision.

(c)

Notification regarding natural resources, Mississippi River Corridor Critical Area Overlay District. When any conditional use permit, interim use permit, variance, or zoning amendment, relates to the MR Mississippi River Corridor Critical Area Overlay District, as established in Chapter 535, Overlay Districts, the zoning administrator shall mail to the Minnesota Commissioner of Natural Resources, National Park Service, Minneapolis Park and Recreation Board and the affected watershed district or flood-control commission the notice of the hearing at least twenty-one (21) days in advance of the hearing. Where any proposed building heights exceed the height limit specified in section 535.1650 (a) as part of a conditional use or variance process, the zoning administrator shall also mail to adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river, the notice of the hearing at least twenty-one (21) days in advance of the hearing. In addition, a copy of all decisions shall be forwarded to such agencies within ten (10) days of any decision.

(d)

Procedure. All hearings conducted shall be open to the public. Any person may appear and testify at a hearing either in person or by duly appointed agent or attorney. The chair or the acting chair may administer oaths. Upon the conclusion of the testimony in each hearing, the review body shall announce its decision or recommendation or shall lay the matter over to a subsequent meeting. The review body shall keep minutes of its public hearings, and shall also keep records of its official actions. Decisions of the review body shall be filed in the office of the zoning administrator or in the office of the city clerk.

(Ord. No. 2025-023, § 1, 5-15-2025)

(a) Established. In recognition of the cost of services performed and work and materials furnished, persons who desire to avail themselves of the privileges granted them under the zoning ordinance shall pay fees in the amount listed in Table 525-1, Fees and Table 525-2, Sign Permit Fees.

Table 525-1 Fees

Table 525-2 Sign Permit Fees

*Includes 1.00 dollar Minnesota State Surcharge

(b)

Forms and payment of fees. The zoning administrator shall provide applicants with forms, designating therein the amount of fees to be paid. All fees shall be payable to the city finance department.

(c)

Refund of fees.

(1)

Incomplete applications. If an applicant fails to provide a complete application and the application is withdrawn by the applicant or is deemed withdrawn and returned pursuant to Section 525.210(d), the city shall retain the first one hundred dollars ($100.00) of the total fees paid for the project. Any sum paid over the amount to be retained shall be refunded.

(2)

Complete applications. If an applicant withdraws a complete application before the scheduled public hearing, or in the case of an application for administrative review, before the application is decided by the planning director or zoning administrator, the city shall retain the first one hundred dollars ($100.00) of the total application fees paid for the project, or such proportion of the fee paid as determined by the costs to the city to process the application up to the time it was withdrawn compared to the costs to completely process the application, whichever is greater. Any sum paid over the amount to be retained shall be refunded. If the scheduled public hearing is held, or if the application is decided by the planning director or the zoning administrator, no fees shall be refunded, whether or not the application is withdrawn, approved or denied.

(3)

Exception. The city shall refund the total amount of fees paid for any application that was accepted by the zoning administrator in error.

(Ord. No. 2024-019, § 1, 5-23-2024)

This article provides information about applications that require a public hearing as part of the decision-making process. The article describes the purpose of each type of application, which review body is responsible for making a decision to approve or deny the application, and the legal findings or criteria that are used to inform the decision. Public hearing procedures are described in Article III, General Application Procedures and Fees.

(a) In general. A summary of decision-making authority for land use applications that require a public hearing is provided in table 525-3, Summary of Decision-Making and Authority for Applications With Public Hearings. The decision-making bodies include the city planning commission, the board of adjustment, and the city council. When the city council holds a public hearing on a land use application, such hearing is held at the appropriate city council committee, which makes a recommendation to the city council, where the final decision is made.

(b)

Abbreviations. For the purposes of Table 525-3, Summary of Decision-Making and Authority for Applications with Public Hearings, the following abbreviations shall have the following meanings:

(1)

HD means public hearing and decision.

(2)

HR means public hearing and advisory recommendation.

(3)

D means decision in public meeting, but public hearing is held by city planning commission or board of adjustment prior to this decision.

Table 525-3 Summary of Decision-Making and Authority for Applications with Public Hearings

(Ord. No. 2024-044, § 4, 11-14-2024)

(a) Purpose. All decisions of the city planning commission and board of adjustment shall be final subject to appeal to the city council, except where the commission or board decision is an advisory recommendation to the city council.

(b)

Procedure and decision-making body. Appeals may be initiated by any affected person by filing the appeal. All appeals shall be filed within ten (10) calendar days of the date of decision by the city planning commission or board of adjustment. No action shall be taken by any person to develop, grade or otherwise alter the property until expiration of the ten-day appeal period and, if an appeal is filed pursuant to this section, until after a final decision has been made by the city council. The appropriate committee of the city council shall hold a public hearing as provided in section 525.220 and make decisions on appeals of city planning commission or board of adjustment decisions. The city council's decision shall be final, subject to the right of subsequent judicial review.

(c)

Required findings or criteria. The city council's decision shall be based on the same decision-making criteria utilized by the city planning commission or board of adjustment, as specified in this ordinance.

(Ord. No. 2024-044, § 5, 11-14-2024; Ord. No. 2025-023, § 2, 5-15—25)

(a) Purpose. All findings, requirements, and decisions of the zoning administrator, director of regulatory services, planning director or other official involved in the administration or the enforcement of this zoning ordinance shall be final subject to appeal, except as otherwise provided by this zoning ordinance.

(b)

Procedure and decision-making body. All appeals shall be filed within ten (10) calendar days of the date of the decision. Timely filing of an appeal shall stay all proceedings in the action appealed, unless the zoning administrator certifies to the board of adjustment, with service of a copy to the applicant, that a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed. The board of adjustment shall hold a public hearing as provided in Section 525.220 and make decisions on appeals, subject to appeal to the city council as specified in Section 525.320. Certain appeals are considered and acted on by the city planning commission instead of the board of adjustment as specified in section 525.130(c)(3).

(c)

Required findings or criteria. Whether an error has been made in interpreting or applying the provisions of the zoning ordinance.

(Ord. No. 2024-044, § 5, 11-14-2024)

(a) Purpose. Certificates of nonconforming use are intended to provide evidence that a use or structure is a legally nonconforming use.

(b)

Procedure and decision-making body. The board of adjustment shall hold a public hearing as provided in Section 525.220 and make decisions on certificates of nonconforming use, subject to appeal to the city council as specified in Section 525.320. As specified in this chapter, the city planning commission shall hold the public hearing and make the decision on certificates of nonconforming use when the application is being reviewed concurrently with other applications considered by the city planning commission.

(c)

Required findings or criteria. A certificate of nonconforming use may be granted when the applicable board, commission, or council establishes that the use or structure was legally established and has retained legal nonconforming rights. The certificate shall state the specific type and intensity of the use that is found to be legal. If the applicant does not establish the required facts, no certificate shall be issued. Where a loss of nonconforming rights is apparent due to vacancy, a property owner may rebut the presumption of abandonment only by presenting clear and convincing evidence that discontinuance of the nonconforming use or structure for the specified period was due to circumstances beyond the property owner's control. The property owner shall bear the burden of proof.

(a) Purpose. Change of nonconforming use applications determine whether an existing legally nonconforming use can be replaced by and changed to another nonconforming use by evaluating the intensity and compatibility of the existing use compared to the proposed use.

(b)

Procedure and decision-making body. The city planning commission shall hold a public hearing as provided in Section 525.220 and make decisions on changes of nonconforming use, subject to appeal to the city council as specified in Section 525.320.

(c)

Required findings or criteria. A change of nonconforming use may be granted only when the city planning commission establishes that the proposed nonconforming use is compatible with adjacent properties and is of equal or less intensity than the existing nonconforming use. The evaluation shall include but not be limited to the following factors:

(1)

Hours of operation.

(2)

Signs.

(3)

Motor vehicle traffic generation.

(4)

Nature of business operations.

(5)

Number of employees.

(6)

Building bulk.

(7)

Aesthetic impacts.

(8)

Lighting, noise, odor, heat, glare, and vibration.

(a) Purpose. Amendments to the comprehensive plan's maps are made for the purpose of promoting the public health, safety, and general welfare, and in consideration of changing conditions, applicable policies, market conditions, and the current and anticipated uses of property.

(b)

Procedure and decision-making body. The city planning commission shall hold a public hearing as provided in Section 525.220, make advisory recommendations to the city council, and the city council shall make decisions on comprehensive plan map amendments.

(1)

Property owners or those with a legal or equitable interest in property, the city council, or the city planning commission may initiate amendments to the comprehensive plan's maps.

(2)

The applicant shall conduct public outreach with stakeholders to raise awareness about the comprehensive plan amendment proposal and collect feedback on any potential issues or impacts from the proposal prior to the submission of an application. The engagement requirements are specified in a form provided by the planning director.

(3)

A large sign shall serve as notice to the public about the proposed comprehensive plan amendment for the site and provide information about how to participate and comment throughout the comprehensive plan amendment process. The sign posting requirements are specified in a form provided by the planning director.

(4)

In addition to city review, comprehensive plan map amendments approved by the city shall be submitted to the Metropolitan Council for their required review and decision. This process is specified in a form provided by the planning director.

(c)

Required findings or criteria. The city planning commission and city council shall make findings with respect to the following:

(1)

The extent to which the proposed change would be consistent with the comprehensive plan goals and associated policies.

(2)

Evidence demonstrating the reason(s) that the plan should be changed, including but not limited to whether new information has become available since the comprehensive plan was adopted that supports reexamination of the plan, or that existing or proposed development offer new opportunities or constraints that were not previously considered.

(3)

The relationship of the proposed amendment to the supply and demand for particular land uses within the city and the immediate vicinity of the site.

(4)

A demonstration that the proposed amendment has merit beyond the interests of the applicant.

(5)

The possible impacts of the amendment on all specific elements and topics of the comprehensive plan as may be applicable.

(a) Purpose. Amendments to the comprehensive plan's text are made for the purpose of promoting the public health, safety, and general welfare, and in consideration of changing conditions, applicable policies, market conditions, and the current and anticipated uses of property.

(b)

Procedure and decision-making body. The city does not accept applications from the public for the purpose of amending the text of the comprehensive plan. The city council, city planning commission, or the department of community planning and economic development may initiate amendments to the text of the comprehensive plan. The city planning commission shall hold a public hearing as provided in Section 525.220, make advisory recommendations to the city council, and the city council shall make decisions on comprehensive plan text amendments. In addition to city review, comprehensive plan text amendments approved by the city shall be submitted to the Metropolitan Council for their required review and decision. This process is specified in a form provided by the planning director.

(c)

Required findings or criteria. The city planning commission and city council will make findings that analyze proposed changes to the text of the comprehensive plan. The criteria that guide this analysis shall be developed by the planning director.

(a) Purpose. A conditional use permit allows the city to review uses that, because of their unique characteristics, are not permitted as of right in a particular zoning district, but that may be allowed upon showing that such use in a specified location will comply with all of the conditions and standards of this zoning ordinance and the findings required for the granting of a conditional use permit.

(b)

Procedure and decision-making body. The city planning commission shall hold a public hearing as provided in Section 525.220 and make decisions on conditional use permits, subject to appeal to the city council as specified in Section 525.320.

(c)

Required findings or criteria. Each of the following findings shall be made before granting a conditional use permit:

(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 vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(3)

Adequate utilities, access, drainage, necessary facilities, or other measures, have been or will be provided.

(4)

Adequate measures have been or will be taken to ensure a safe and effective interface with the public right-of-way and the nearby transportation system.

(5)

The conditional use is consistent with the applicable policies of the comprehensive plan.

(6)

The conditional use shall, in all other respects, conform to the applicable regulations of the districts in which it is located.

(a) Minor changes. The zoning administrator may authorize minor changes in the placement and size of improvements for an approved conditional use permit if the zoning administrator determines that the changes are consistent with the intent of this chapter and the findings made by the city planning commission in connection with the approval of the conditional use permit.

(b)

Other changes. Changes to the development plan, other than minor changes in the placement and size of improvements, shall require amendment to the conditional use permit by the city planning commission. The requirements for application and approval of a conditional use permit amendment shall be the same as the requirements for original application and approval.

Where a conditional use has been established and is discontinued for any reason for a period of one (1) year or longer, or where a conditional use has been changed to a permitted use or to any other conditional use, the conditional use permit shall become null and void.

Uses with conditional use permits for extended hours of operation prior to February 11, 2011, shall be allowed to be open to the public during the hours approved by the conditional use permit, provided the use complies with all conditions of the original approval and the hours of operation are not discontinued for a continuous period of more than one (1) year.

(a) Purpose. Expansion or alteration of nonconforming use applications evaluate whether an existing legally nonconforming use can be expanded, altered, or intensified.

(b)

Procedure and decision-making body. The city planning commission shall hold a public hearing as provided in Section 525.220 and make decisions on expansions or alterations of nonconforming uses or structures, subject to appeal to the city council as specified in Section 525.320.

(c)

Required findings or criteria. Each of the following findings shall be made before granting an expansion or alteration of nonconforming use:

(1)

A rezoning to legalize the use would be inappropriate.

(2)

The enlargement, expansion, relocation, or intensification will be compatible with adjacent property and the neighborhood. Further, because of improvements to the property, the proposal will improve the appearance or compatibility with the neighborhood.

(3)

The enlargement, expansion, relocation, or intensification will not result in significant increases of adverse off-site impacts such as motor vehicle traffic, noise, dust, and odors. When the nonconforming use is a high-impact production and processing use, a principal electricity generation use, or a post-consumer waste processing use, the enlargement, expansion, relocation, or intensification will result in an appreciable decrease of adverse off-site impacts such as motor vehicle traffic, noise, dust, and odors.

(4)

In districts in which residential uses are allowed, the enlargement, expansion, relocation, or intensification will not result in the creation or presence of more dwelling units or rooming units on the subject property than is allowed by the regulations of the district in which the property is located.

(5)

The enlargement, expansion, relocation, or intensification will not be located in the floodway district.

In order to promote the use and conservation of historic properties, the heritage preservation commission may grant variances from the provisions of this zoning ordinance to locally designated historic properties, as provided in Chapter 599 of the Minneapolis Code of Ordinances, Heritage Preservation Regulations.

(a) Purpose. An interim use permit allows the city to consider temporary uses of land for a period of up to five (5) years. The proposed use must be allowed as a conditional use in the district where the property is located. An interim use may be allowed as a temporary use of property until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer allow it. In the event of a public taking of property after the interim use is established, the property owner shall not be entitled to compensation for any increase in value attributable to the interim use.

(b)

Procedure and decision-making body. The applicable city council committee shall hold a public hearing as provided in Section 525.220 and the city council shall make decisions on interim use permits. The city council may approve an interim use of property as defined and authorized by Minn. Statutes, Section 462.3597.

(c)

Required findings or criteria. In addition to the findings and criteria required for a conditional use permit, each of the following findings shall be made before granting an interim use permit:

(1)

The interim use is authorized as a conditional use in the zoning district in which it is to be located.

(2)

Except as otherwise authorized by this section, an interim use will conform to this zoning ordinance as if it were established as a conditional use.

(3)

The date or event that will terminate the interim use is identified with certainty. Interim uses may not be granted for a period of greater than five (5) years.

(d)

Exceptions. The city council may waive conditions that would apply to an interim use upon a finding that the temporary nature of the interim use will eliminate the adverse effects the condition was intended to prevent.

(a) Purpose. Site plan review applications are established to evaluate compliance with the standards of Chapter 550, Article V, Site Plan Review Standards, including but not limited to building placement and design, access and circulation, landscaping, and screening.

(b)

Procedure and decision-making body. The city planning commission shall hold a public hearing as provided in Section 525.220 and make decisions on site plan review, subject to appeal to the city council as specified in Section 525.320. However, Chapter 550, Article V, Site Plan Review Standards, specifies the circumstances under which site plan review applications are reviewed and decided administratively by the zoning administrator, rather than through a public hearing.

(c)

Required findings or criteria. Each of the following findings shall be made before approving an application for site plan review:

(1)

The proposed plan conforms to all applicable site plan review standards.

(2)

The proposed plan conforms to all applicable regulations of this zoning ordinance and is consistent with the applicable policies of the comprehensive plan.

(a) Purpose. Variances are intended to provide a means of departure from the literal provisions of the zoning ordinance where practical difficulties exist because of conditions or circumstances unique to an individual property. Nothing in this ordinance shall provide an applicant with any property right or other legal right to compel the city to vary the requirements of this zoning ordinance. In all applications for variance, the applicant shall bear the burden of proof.

(b)

Procedure and decision-making body. The board of adjustment shall hold a public hearing as provided in Section 525.220 and make decisions on variances, subject to appeal to the city council as specified in Section 525.320. As specified in this chapter, the city planning commission shall hold the public hearing and make the decision on variances when the application is being reviewed concurrently with other applications considered by the city planning commission.

(c)

Required findings or criteria. A variance may be granted from the regulations of the zoning code only when the applicable board, commission, or council establishes that complying with the ordinance poses practical difficulties, making each of the following findings based upon the evidence presented to it in each specific case:

(1)

Challenges exist in complying with the ordinance because of circumstances unique to the property. The unique circumstances were not created by persons presently having an interest in the property and are not based on economic considerations alone.

(2)

The property owner or authorized applicant proposes to use the property in a reasonable manner that will be in keeping with the spirit and intent of the ordinance and the comprehensive plan.

(3)

The proposed variance will not alter the essential character of the locality or be injurious to the use or enjoyment of other property in the vicinity. If granted, the proposed variance will not be detrimental to the health, safety, or welfare of the general public or of those utilizing the property or nearby properties.

 Variances from the regulations of this zoning ordinance shall be granted by the board of adjustment, city planning commission, or city council only in accordance with the requirements of Section 525.460, and may be granted only in the following instances, and in no others:

(1)

To vary the yard requirements, including permitting obstructions into required yards not allowed by the applicable regulations.

(2)

To vary the lot area or lot width requirements up to thirty (30) percent, except that lot area or lot width variances for K-12 schools shall be governed by 525.470(3) below.

(3)

To vary the lot area or lot width requirements up to fifty (50) percent for schools, grades K-12.

(4)

To vary the gross floor area or floor area ratio requirements of a structure or use.

(5)

To vary the maximum lot coverage and impervious surface coverage requirements.

(6)

Unless otherwise controlled by conditional use permit or an administrative height increase, to vary the height requirements for any structure, except signs.

(7)

To permit an increase in the maximum height of a fence.

(8)

To vary the screening and landscaping requirements of this zoning ordinance.

(9)

To vary the enclosed building requirements of this zoning ordinance.

(10)

To vary any standards governing off-street parking, loading, driveways, drive aisles, and curb cuts, except that the following shall not be varied:

a.

The location of off-site parking not otherwise allowed in an urban neighborhood or residential mixed-use district.

b.

Travel demand management regulations.

(11)

To reduce the minimum distance between an accessory structure or open parking space and a residential use, as specified in section 545.380.

(12)

To vary the width and location restrictions on attached garages facing the front lot line for residential uses.

(13)

To vary the district standards for the size requirements of required nonresidential and commercial spaces by up to thirty (30) percent in the CM3, CM4, and DT2 Districts.

(14)

To vary the specific use standards of Chapter 545, Article II, Specific Use Standards, except that specific minimum distance and spacing requirements may be varied only to allow for the relocation of an existing use where the relocation will increase the spacing between such use and any use from which it is nonconforming as to spacing, or will increase the distance between such use and any protected boundary or use from which it is nonconforming as to distance.

(15)

To vary the development and use standards of Chapter 545, Article III, Accessory Uses and Structures.

(16)

To vary the standards of Chapter Article IX, Accessory Dwelling Unit Standards, except that the owner occupancy requirement for internal accessory dwelling units and the limit of one (1) accessory dwelling unit per zoning lot shall not be varied.

(17)

To vary the standards of Chapter 550, Article XIV, Plazas.

(18)

To vary the standards of Chapter 550, Article XV, Skyways.

(19)

To permit development on a zoning lot existing on the effective date of this ordinance that cannot comply with the requirement of frontage on a public street, where it is determined that there is sufficient access to the property without such frontage.

(20)

To vary the minimum width of single-, two-, and three-family dwellings provided the dwelling is located on a zoning lot existing on the effective date of this ordinance that is forty (40) feet or less in width.

(21)

To vary the requirement for enclosed storage for new single-, two-, and three-family dwellings.

(22)

To permit development in the SH Shoreland Overlay District on a steep slope or bluff, or within forty (40) feet of the top of a steep slope or bluff.

(23)

To permit development in the SH Shoreland Overly District within fifty (50) feet of a protected water.

(24)

To permit alternative forms of flood protection for uses and structures located in the FP Floodplain Overlay District, provided no variance shall permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area or permit standards lower than those required by state law. In areas designated as AO zones on the flood insurance rate map, a variance may be granted to the requirement that buildings be elevated to one (1) foot above the elevation of the ground surface prior to construction next to the proposed walls of the building, provided the application includes a detailed hydraulic analysis that supports such variance as sound floodplain management and a letter of map revision from the Federal Emergency Management Agency.

(25)

To vary the standards of any overlay district, other than the SH Shoreland Overly District, FP Floodplain Overlay District, and built form overlay districts. The standards of the SH Shoreland Overly District, FP Floodplain Overlay District, and any built form overlay district may be varied only as allowed by another authorized variance in this section of the zoning code.

(26)

To vary the number, type, height, area, or location of allowed on-premises signs on property located in a residential mixed-use, commercial mixed-use, downtown, production, or transportation district, pursuant to Chapter 560, Signs.

(Ord. No. 2025-023, § 3, 5-15-2025)

(a) Purpose. Waivers are established to consider relief from the restrictions of an interim ordinance.

(b)

Procedure and decision-making body. The applicable city council committee shall hold a public hearing as provided in Section 525.220 and the city council shall make decisions on waivers.

(c)

Required findings or criteria. Each of the following findings shall be made before approving an application for a waiver:

(1)

The restrictions of the waiver cause substantial hardship when applied to the property.

(2)

Granting the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted.

(a) Purpose. Amendments to the zoning ordinance's maps, also known as rezoning applications, are made for the purpose of promoting the public health, safety, and general welfare, and in consideration of changing conditions, applicable policies, and the current and anticipated uses of property.

(b)

Procedure and decision-making body. The city planning commission shall hold a public hearing as provided in Section 525.220, make advisory recommendations to the city council, and the city council shall make decisions on zoning map amendments.

(1)

Amendments initiated by petition. In addition to the requirements of this ordinance, an application must comply with the zoning amendment requirements provided in Minn. Statutes, Section 462.357.

(2)

Amendments initiated by the city council or the city planning commission. The city council, the city planning commission, or the planning director may initiate amendments to the zoning classification of specific properties in the manner provided in Minn. Statutes, Section 462.357. Amendments to the zoning classification of specific properties shall not be initiated without obtaining the required written consent of property owners, unless a survey has been made of the whole area of the city or portions thereof not less than forty (40) acres, and consideration has been given to whether the number of descriptions of real estate renders the obtaining of written consent impractical.

(c)

Required findings or criteria. The city planning commission and city council shall make findings using the criteria noted below. A zoning map amendment shall not be approved without finding that such amendment is consistent with the applicable policies of the comprehensive plan. All other criteria represent factors to consider and are intended to guide a rational basis for the decision.

(1)

Whether the amendment is consistent with the applicable policies of the comprehensive plan.

(2)

Whether the amendment is in the public interest and is not solely for the interest of a single property owner.

(3)

Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of particular property.

(4)

Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of particular property.

(5)

Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of particular property.

(a) Purpose. Amendments to the zoning ordinance text are made for the purpose of implementing adopted policies and improving the zoning code in ways that advance its purpose.

(b)

Procedure and decision-making body. The city does not accept applications from the public for the purpose of amending the text of the zoning ordinance. The city council or city planning commission may initiate amendments to the text of the zoning code. The city planning commission shall hold a public hearing as provided in Section 525.220, make advisory recommendations to the city council, and the city council shall make decisions on zoning text amendments.

(c)

Required findings or criteria. The city planning commission and city council will make findings that analyze proposed changes to the zoning code text. The criteria that guide this analysis shall be developed by the planning director. A zoning text amendment shall not be approved if it is found to be inconsistent with the applicable policies of the comprehensive plan.

 This article provides information about applications that include administrative decisions. A public hearing is not part of the decision-making process for these applications unless an applicable appeal is filed. This article includes the purpose of each type of application, which official is responsible for making a decision to approve or deny the application, and the legal findings or criteria that are used to inform those decisions. Appeal procedures are described in section 525.330.

(Ord. No. 2025-023, § 4, 5-15-2025)

(a) Purpose. Certain zoning decisions may be made, and zoning permits issued, following a review that does not involve a formal application form or process. However, based on the degree of complexity or city staff time involved in the review of certain uses, structures, or buildings, the zoning administrator may develop administrative review processes and applications that lead to decisions about compliance with the zoning ordinance and comprehensive plan. The zoning ordinance does not list every such administrative process and application. Forms for such applications are provided by the zoning administrator. Where a fee is charged, such fee is listed in Table 525-1, Fees.

(b)

Procedures and decision-makers. Following submittal of information required by this ordinance and any applicable application forms, the zoning administrator or planning director shall make decisions on administrative applications, subject to applicable appeals. Additional information about zoning permits and reasonable accommodation applications is provided in Section 525.650.

(c)

Required findings or criteria. Unless specific findings or criteria are listed elsewhere in the zoning ordinance or in the application form provided by the zoning administrator, administrative reviews include a review for compliance with the applicable provisions of the zoning ordinance.

(a) Purpose. A zoning permit shall be obtained from the zoning administrator prior to any of the following:

(1)

The construction, reconstruction, erection, enlargement, relocation, or structural alteration of any building or structure or part thereof, including any principal use, accessory use, or any other use or improvement which requires a building or grading permit.

(2)

Any change or expansion of use of any building or land.

(b)

Procedure and decision-making body. Application for a zoning permit shall include a plan dimensioned or annotated as to accurately show the proposed building or structure, including building bulk, height and use, and existing buildings and uses, if any, in exact relation to lot lines, a description of adjoining land uses, as well as other information required by the zoning administrator to determine zoning compliance. The zoning administrator shall make decisions on zoning permits and shall affix their stamp on approved plans. Such stamp shall serve as the zoning permit. In such instances where only a change of use and no alterations requiring a building permit are involved, the zoning administrator may affix their stamp to a letter certifying that the change of use is allowed. Where a building permit has been reviewed and approved by the zoning administrator for the purpose of compliance with this zoning ordinance, such approval shall serve as the zoning permit.

(c)

Required findings or criteria. This permit includes a review for consistency with the regulations of this zoning ordinance. In such instances where the application requires additional land use review by the planning director, board of adjustment, city planning commission, heritage preservation commission, or city council, the zoning administrator shall not grant the zoning permit until the applicable review body grants approval, the appeal period has expired, and such plans are consistent with the approval granted by the applicable decision-making body.

(d)

Revocability of zoning permit. Any permit, document, or approval issued by the zoning administrator may be revoked upon a violation of this zoning ordinance or any conditions under which it is issued, subject to the provisions of Article VI, Enforcement.

(a) Purpose. Temporary use provisions are established to allow for certain uses and structures which have only a seasonal or temporary duration such as community festivals, fresh produce stands, and temporary promotions by permanent businesses. Specific provisions are described in Chapter 545, Article IV, Temporary Uses.

(b)

Procedure and decision-making body. An application for a temporary use permit shall include a plan dimensioned or annotated as to accurately show the proposed temporary use, along with a description of the hours and duration of the use. The zoning administrator shall make decisions on temporary use permits.

(c)

Required findings or criteria. Each of the following findings shall be made before approving an application for a temporary use permit:

(1)

The temporary use shall not be detrimental to the public health, safety or welfare, and is compatible with the purpose and intent of this zoning ordinance and the specific zoning district in which it is located.

(2)

The temporary use shall be compatible in intensity, characteristics, and appearance with surrounding land uses. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall be considered.

(3)

The temporary use shall comply with the general standards for the zoning district in which it is located, including but not limited to hours of operation, yard requirements, commercial vehicle parking and signs. The temporary use shall also comply with Chapter 545, Article IV, Specific Use Standards.

Whenever an application is made for issuance or change of a zoning permit, which may include the production, processing, cleaning, servicing, testing, or repair of materials, goods or products, the zoning administrator shall review the application to determine compliance with the applicable regulations of the zoning district and the applicable general performance standards of Chapter 550, Article XVII, General Performance Standards. The zoning administrator may initiate an investigation or study to ensure compliance with the standards when it is believed that proposed processes may violate applicable general performance standards. When unusual technical complexity or expense would be incurred in securing the sufficient information to conclude the study or investigation, the zoning administrator may require the applicant to provide the evidentiary submission at the applicant's expense, including but not limited to the following:

(1)

Plans of the existing or proposed construction and development.

(2)

Detailed descriptions of existing or proposed machinery, processes, activities and materials used and the products made.

(3)

Plans and specifications for the mechanisms and techniques used or proposed to be used in demonstrating compliance with the applicable regulations of the zoning district and the applicable performance standards.

(4)

Measurements or estimates of the amount and rate of emission of any substance or force demonstrating compliance with the performance standards.

(a) Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodation for persons with disabilities seeking fair and equal access to housing in the application of its zoning regulations. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities. The purpose of this section is to establish a process for making and acting upon requests for reasonable accommodation.

(b)

Procedure and decision-making body. Any person who requests reasonable accommodation in the form of modification in the application of a zoning regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the zoning administrator. "Person" includes any individual with a disability, their representative or a developer or provider of housing for an individual with a disability. The application shall include a detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the zoning administrator to make the determination. If the project for which the request is being made also requires an additional land use review or approval, then the applicant shall file the request concurrently with the land use review. The zoning administrator, in consultation with the city attorney, shall make decisions on requests for reasonable accommodation. The zoning administrator shall issue a written decision in which the request is approved, approved subject to conditions, or denied.

(c)

Required findings or criteria. In making a decision about reasonable accommodation, the following factors shall be considered:

(1)

Special need created by the disability.

(2)

Potential benefit that can be accomplished by the requested modification.

(3)

Need for the requested modification, including alternatives that may provide an equivalent level of benefit.

(4)

Physical attributes of and any proposed changes to the subject property and structures.

(5)

Potential impact on surrounding uses.

(6)

Whether the requested modification would constitute a fundamental alteration of the zoning regulations, policies, and/or procedures of the city.

(7)

Whether the requested modification would impose an undue financial or administrative burden on the city.

(8)

Any other factor that may have a bearing on the request.

(d)

Notice of decision. The written decision of the zoning administrator shall be mailed to the applicant and to the owners of record of all properties which are immediately adjacent to the property which is the subject of the reasonable accommodation request. All written decisions shall give notice of the right to appeal a decision of the zoning administrator pursuant to section 525.330. The decision of the zoning administrator shall constitute the final decision of the city, unless appealed. Only the aggrieved applicant and immediately adjacent property owners who received notice of the written reasonable accommodation determination have a right to appeal the decision.

(e)

Applicability. If the city grants the request, the request shall be granted to an individual and shall not run with the land unless the zoning administrator determines that the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code of Ordinances or the accommodation is to be used by another individual with a disability.

(f)

Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the zoning administrator may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination.

(g)

Fee. There shall be no fee imposed in connection with a request for reasonable accommodation made pursuant to the provisions of this section.

(Ord. No. 2025-023, § 5, 5-15-2025)

Editor's note— Ord. No. 2025-023, § 6, adopted May 15, 2025, repealed § 525.660, which pertained to notice of decision.

Editor's note— Ord. No. 2025-023, § 7, adopted May 15, 2025, repealed § 525.670, which pertained to applicability.

Editor's note— Ord. No. 2025-023, § 8, adopted May 15, 2025, repealed § 525.680, which pertained to conditions and guarantees.

Editor's note— Ord. No. 2025-023, § 9, adopted May 15, 2025, repealed § 525.690, which pertained to fee.

The enforcement officials described in Section 525.120 of this Code shall have the authority to investigate any complaint alleging a violation of the zoning ordinance or the conditions of any zoning approval and to take such action as is warranted in accordance with the procedures set forth in this chapter.

(a) Notice of violation. The city shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to correct it, including a reasonable time period to remedy the violation. The written notice shall advise that the decision or order may be appealed to the board of adjustment in accordance with the provisions of Section 525.330. Additional written notices may be provided at the discretion of the enforcement official. Where the violation involves work being done contrary to the provisions of this zoning ordinance, the city may order the work stopped. No further work shall be undertaken while a stop-work order is in effect.

(b)

Enforcement without notice. Whenever the city finds that an emergency exists in relation to the enforcement of the provision of the zoning ordinance which requires immediate action to protect the health, safety or welfare of occupants of any structure, or the public, they may seek immediate enforcement without prior written notice, notwithstanding any other provision of this chapter.

(a) In general. The zoning administrator shall have the authority to recommend revocation of a conditional use permit or site plan review approval to the city council when the zoning administrator has determined that the terms of such approval have been violated, subject to Section 525.710 above.

(b)

Revocation hearing. The zoning and planning committee of the city council shall hold a public hearing to determine whether there has been a violation of the conditional use permit or site plan review approval and whether the conditional use permit or site plan review approval shall be revoked. Not less than ten (10) days before such public hearing, the zoning administrator shall mail notice of the hearing to any person responsible for such violation, the owner(s) of record of the subject property, all owners of record of property located in whole or in part within three hundred fifty (350) feet of the boundaries of the subject property and the registered neighborhood group(s) for the neighborhood in which the subject property is located. 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.

(a) Initial inspection and first reinspection. There shall be no fee charged for an initial inspection to determine the existence of a zoning ordinance violation, nor any fee for the first reinspection to determine compliance with an order to correct a zoning ordinance violation.

(b)

Subsequent reinspections. A two-hundred-dollar ($200.00) fee shall be charged for each subsequent reinspection occurring after the due date for compliance with an order.

Violations of the provisions of this zoning ordinance or the conditions of any zoning approval granted thereunder may be enforced by any one (1), all, or any combination of the following penalties and remedies:

(1)

Violations shall be punishable as criminal offenses as stated in Section 1.30 of the Minneapolis Code of Ordinances.

(2)

Violations may be enforced as administrative offenses pursuant to Chapter 2 of the Minneapolis Code of Ordinances.

(3)

This zoning ordinance may also be enforced by injunction, abatement, mandamus, or any other appropriate remedy in any court of competent jurisdiction.

(4)

Each day that any violation continues after notification by the city that such violation exists shall be considered a separate offense for purpose of the penalties and remedies specified in this section.

(5)

Violations of the outdoor display and sales of merchandise on the public sidewalk, and within the thirty (30) inch wide portion extending from the business's primary building wall along the lineal storefront area, shall be enforced as provided for in Title 17, Streets and Sidewalks, of the Minneapolis Code of Ordinances.

Interim ordinances are established to protect the planning process and the health, safety, and welfare by regulating, restricting or prohibiting any use or development in all or a part of the city while the city is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official controls, including but not limited to zoning ordinances, subdivision regulations, site plan regulations, sanitary codes, building codes, and official maps.

A city council member or the city planning commission may initiate an interim ordinance applicable to all or a part of the city.

The applicable committee of the city council shall hold a public hearing on a proposed interim ordinance or extension of an interim ordinance. The city clerk shall publish notice of the time, place, and purpose of the hearing at least once, not less than ten (10) days before the hearing, in a newspaper of general circulation. An interim ordinance not initiated by the city planning commission may be referred to the city planning commission for review and recommendation. Following the public hearing, the applicable city council committee shall forward its recommendation to the full city council for final action. If the purpose of the hearing is the extension of the term of an interim ordinance, the hearing must be conducted at least fifteen (15) days but not more than thirty (30) days before the expiration of the interim ordinance.

(a) Effective date. In order to protect the planning process and the city's legitimate planning goals, the effective date of an interim ordinance shall be immediately upon introduction of an interim ordinance to the city council, or from the date the city council committee recommends the introduction of an interim ordinance to the city council. After the effective date of the interim ordinance, no use, development, project, or subdivision for which an application has not been filed prior to the effective date of the interim ordinance shall be established or expanded, nor shall any application for a building permit, administrative waiver, review or approval of any application, including an application for any zoning approval, which concerns the geographical area or subject matter of the interim ordinance filed after the effective date of the interim ordinance be granted or further processed, pending a final decision on the adoption of the interim ordinance. If the interim ordinance is adopted, no permits or other approvals of any kind which concern the geographical area or subject matter of the interim ordinance shall be processed or issued nor shall any use be established or expanded except in accordance with its terms. If the interim ordinance is not adopted, requests for permits and other necessary approvals shall be processed promptly in accordance with the procedures governing the request.

(b)

Scope of restrictions. An interim ordinance may regulate, restrict, or prohibit the establishment or expansion of any use, development, project, or subdivision for a period not to exceed one (1) year from the date of final approval of the ordinance. Interim ordinances shall comply with Minn. Statutes section 462.355, subdivision 4.

(c)

Prior approval or submittal. An interim ordinance shall not apply to any subdivision which has been given preliminary approval or to any application for establishment or expansion of any use, development or project filed prior to the effective date of the interim ordinance.

In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of an interim ordinance may apply to the city council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the city council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. The procedures and criteria for waivers are specified in section 525.480.

An interim ordinance shall expire on the date or time specified in the ordinance, or upon completion of the study and adoption or amendment of the comprehensive plan or official controls affecting the geographic area or subject matter of the interim ordinance, whichever occurs first.