(a)

Permit charges. No person shall be issued a permit pursuant to this article until the applicant shall have paid to the administrator the fixed and additional costs incurred by the city in reviewing the application as provided for in this article.

(b)

Fixed administrative costs. Each applicant shall be charged the fixed fee specifically provided in this article or in duly enacted resolutions of this city as required to cover the costs incurred by the city in administratively processing, reviewing and issuing, if granted, each permit.

(c)

Variable additional costs. Each applicant shall be charged an amount equal to the additional costs incurred by the city in processing and reviewing each application for a permit, including, but not limited to, engineering, legal and planning consultant costs when authorized by the city council.

(d)

Initial payment. At the time of making application for a permit, each applicant shall pay the fixed fee as described in subsection (b) of this section plus a deposit for the costs described in subsection (c) of this section, which shall equal the city clerk-administrator's estimate of the additional costs the city, will incur in processing and reviewing the applicant's particular permit application if such an estimate can be made.

(e)

Payment of costs. If no estimate of costs can be made by the administrator, the applicant shall receive a monthly statement of costs incurred by the city which shall be payable 15 days after receipt by the applicant. Failure to pay such costs shall result in a suspension of action on the application. If a payment of estimated costs has been made, such payment shall be a credit against such statements until the sum is exhausted in which event the excess shall be due upon receipt of the statement. Any unused portion of the deposit shall be refunded upon final action on the application. No permits shall be issued until an applicant shall make payment in full of costs billed to him.

(f)

Unpaid costs. The city council shall certify all unpaid costs described in subsection (c) of this section to the county auditor who shall enter them upon his tax records as a lien upon such land to be collected in the same manner as other real estate taxes are collected.

(g)

Establishment of fees. An administrative fee schedule for planning and zoning applications shall be established by city council resolution at the first city council meeting of each year.

(Code 1997, § 1310.01)

(a)

Generally. This article may be amended by a two-thirds vote of the city council whenever the public necessity and convenience and the general welfare require such amendment.

(b)

Initiation of proceedings. Proceedings for amendment of this article shall be initiated upon:

(1)

A petition of the owner of the actual property, the zoning of which is proposed to be changed;

(2)

A recommendation of the planning commission; or

(3)

Action of the city council.

(c)

Applications for rezoning. Proceedings for amendment, which are initiated by the petition of the owner or owners of the property, shall be filed with the zoning administrator. All applications shall be accompanied by an administrative fee as prescribed in section 36-36 and shall include the following information:

(1)

The name and address of the applicant or applicants;

(2)

A description of the area proposed to be rezoned; the names and addresses of all owners of property lying within such area and a description of the property owned by each;

(3)

The present zone classification of the area and the proposed zone classification;

(4)

A description of the present use of each separately owned tract within the area, and the intended use of any tract of land;

(5)

A site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping and any other improvements;

(6)

A statement of how the rezoning would fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city;

(7)

A map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of such area, together with the names and addresses of the owners of the lands in each area.

(d)

Referral to planning commission. Except in the case of initial recommendation by the planning commission, any proposed amendment shall be submitted to the planning commission and its recommendation thereon shall be submitted to the city council, before further proceedings are taken. Prior to making a recommendation, the planning commission may hold whatever public hearings it deems advisable in the manner provided in article III of this chapter.

(e)

Issuance. Upon receipt of the report of the planning commission, or at any time within 60 days from the receipt of the completed application, the city council shall consider the proposed amendment. The city council shall hold at least one public hearing on the proposed amendment in the manner provided in section 36-41. After such hearing, the city council may vote upon the adoption of any proposed amendment or it may refer it back to the planning commission for further consideration. In considering the proposed amendment, due allowance shall be made for existing conditions, for the conservation of property values, for the direction of building development to the best advantage of the entire city, and for the uses to which the property affected is being devoted at the time. No change shall be recommended unless it is required of the public good, is in the interest of the public health, safety, and welfare, and is compatible with the comprehensive plan of the city and any applicable requirements of this article.

(f)

Denial. The proposed amendment may be denied by motion of the city council and such motion shall constitute a finding and determination by the city council that the conditions required for approval do not exist.

(Code 1997, § 1310.02)

(a)

Time for appeal. An appeal may be taken to the board of appeals and adjustments by any person aggrieved by any order, requirement, decision or determination made by the zoning administrator or any other administrative office of the city in the enforcement of this article. Such an appeal shall be made by written notice to the zoning administrator within 20 days of the order, requirement, decision or determination, shall be accompanied by an administrative fee as prescribed by the city fee schedule and shall specifically describe the facts involved and the basis for appeal.

(b)

Proceedings. Upon receipt of a notice of appeal, the zoning administrator shall transmit the notice to the board of appeals and adjustments, together with all papers constituting a record upon which the action appealed was taken and shall set a time and place for a hearing on the appeal. Such time shall not be less than ten and not more than 30 days after receipt of the notice. Due notice of the hearing shall be given to the parties.

(c)

Decision and review. Within a reasonable time after the hearing, the board shall make its order deciding the matter and serve a copy of such order upon the applicant by mail. The applicant may within 30 days file with the city clerk-administrator an appeal to the council from the decision of the board.

(Code 1997, § 1310.03)

The office of zoning administrator is established. The duties of this office shall rest with the city clerk-administrator, except that he may assign all or portions of these duties to city staff or consultants, or to appointed positions, at the direction of the city council. The duties of the office shall include the following:

(1)

Issue certificates of occupancy and maintain records thereof;

(2)

Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this article;

(3)

Notify, in writing, any person responsible for violating a provision of this article, indicating the nature of the violation and ordering the action necessary to correct it;

(4)

Order discontinuance of illegal use of land, buildings or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuance of illegal work being done; or take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions, including cooperation with the city attorney in the prosecution of complaints;

(5)

Maintain permanent and current records of this article, including all maps, amendments, conditional uses, and variances;

(6)

Maintain a current file of all permits, all certificates, and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this article and, on request, provided information to any person having a proprietary or tenancy interest in any specific property;

(7)

Provide clerical and technical assistance to the planning commission and board of appeals and adjustments;

(8)

Submit each month to the planning commission an itemized summary of certificates and permits granted and other significant activity of the preceding month;

(9)

Receive, file and forward to the board of appeals and adjustments or planning commission all applications for conditional use permits, variances or amendments.

(Code 1997, § 1310.04)

A board of appeals and adjustments is established which shall consist of all the members of the planning commission and which shall have the following powers and duties:

(1)

To review and hold public hearings on all applications for variances and to make recommendations on the applications to the city council;

(2)

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator or any other administrative officer of the city in the enforcement of this article;

(3)

To hear and decide appeals by landowners who have been denied building permits due to the location of their land within an area governed by an official map duly adopted and filed by the city.

(Code 1997, § 1310.05)

(a)

Convening and location. Public hearings regarding zoning matters may be held within the corporate limits of the city by order of the city council, planning commission or board of appeals and adjustments whenever the bodies deem such hearings necessary or when required by this article. Public hearings for amendments to this article or for conditional use permits shall be held in the manner provided in M.S.A. § 462.357, subd. 3.

(b)

Notice requirement. Notice of a public hearing shall be given by publication at least once in the official newspaper of the city, not less than ten days and not more than 30 days prior to the hearing, stating the time, place and purpose of the hearing together with a description of property affected. Not less than ten days nor more than 30 days prior to the hearing a copy of the notice shall be mailed by the city clerk-administrator or zoning administrator to the owner of the property affected and to the owner of property within 500 feet of the property affected.

(c)

Mailings. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. Proof of mailing of notice shall be made by affidavit of the person mailing same and shall be made a part of the proceedings.

(d)

Impact of improper notice. 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 has been made.

(Code 1997, § 1310.06)

(a)

Generally. The city council may grant conditional use permits when such permits are authorized by this section or required by state statutes and may impose conditions and safeguards in such permits to protect the health, safety and welfare of the community and assure harmony with the comprehensive plan of the city.

(b)

Records. The zoning administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the city council, time limits, review dates and such other information as may be appropriate.

(c)

Applications. Applications for conditional use permits shall be made by the owner of the property and shall be filed with the zoning administrator. All applications shall include the following information:

(1)

Complete application form signed by all owners of the property;

(2)

All required fees and escrows;

(3)

A legal description of the property, including property identification number;

(4)

A statement and detailed description of the proposed use, including proposed activities, hours of operation, estimate of number of employees, parking, and other similar information that fully describes the proposed use;

(5)

Accurate and to-scale site and development plans for the project area, including the minimum information about the existing site and the proposed use and conditions as required by the city including the location and extent of proposed building(s), parking, loading, access drives, landscaping, and all other improvements;

(6)

A map or plot showing the property in question and all property within 500 feet of the boundaries of the property in question;

(7)

The names and addresses of the owners of record of all property within 500 feet of the boundaries of the property in question; and

(8)

Any other information required by the zoning administrator, planning commission or city council.

(d)

Application procedures.

(1)

Referral to planning commission. Before any conditional use permit may be approved, the complete application shall be referred to the planning commission for study and for its recommendation to the city council for the approval of such conditional use permit and the conditions thereof, if any, or for the denial of such conditional use permit, based upon the criteria set out in this section.

(2)

Public hearing. The planning commission shall hold a public hearing on the application in the manner provided in section 36-41. The zoning administrator shall schedule the public hearing and shall cause notice of the time, place, and purpose of said hearing to be published at least ten days prior to the date of the hearing in the official newspaper of the city. The notice shall be mailed to the owners of the property within 500 feet of the outer boundaries of the property in question not less than ten days prior to the date of the hearing.

(3)

Criteria. The applicant shall have the burden of proving that the use would meet all of the standards required for approval of a conditional use permit. The city may require the applicant to provide, at his/her cost, any information, studies, or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval.

The planning commission and city council shall consider the following criteria to evaluate the application and consider conditions for a conditional use permit:

a.

Consistency with the comprehensive plan. The proposed use shall be consistent with the comprehensive plan.

b.

Health and safety. The proposed use shall not negatively impact the health, safety, and general welfare of occupants of surrounding lands and general welfare of the city, including, but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust, and other nuisances; fire and safety hazards; existing and anticipated traffic conditions; parking facilities on adjacent streets and land; the effect on surrounding properties including valuation, aesthetics and scenic views; land uses and character and integrity of the neighborhood; impacts on governmental facilities and services including roads, sanitary sewer, water, and police and fire; effects on sensitive environmental features including lakes, surface and groundwater supply and quality, wetlands, slopes, floodplains and soils; and other factors found relevant by the city.

c.

Compliance with standards. The city shall consider whether the proposed use complies or is likely to comply in the future with all standards and requirements set out in the regulations and ordinances of the city or other governmental bodies having jurisdiction over the city.

d.

Public infrastructure services. Adequate public facilities and services shall be able to be provided to the site where the use is proposed, and/or existing infrastructure shall be able to absorb the additional demand for public services such as utilities, streets, parks, schools, etc.

e.

Screening and landscaping. Incompatible impacts of the proposed use shall be screened and buffered from adjacent property and the surrounding neighborhood. The city council may require additional landscaping or screening above that required in the zoning ordinance.

f.

Architectural standards. The site or building associated with the proposed use shall meet or exceed the architectural design and landscaping standards for the district in which it is located. The city council may require additional architectural standards above those required in the zoning ordinance.

g.

Zoning. The use shall be consistent with the requirements of the zoning ordinance and the requirements of the zoning district in which the applicant intends to locate the proposed use.

h.

Traffic. The city shall evaluate the potential generation and characteristics of the traffic associated with the use and its impact on traffic volumes and safety based on the proposed driveway locations, the existing and proposed capacity of adjacent roads, sidewalks, and trail connections. The City shall determine that the existing transportation infrastructure is adequate to address the potential traffic or shall require that the potential impacts shall be mitigated.

4)

City council action. The city council shall consider the application after receipt of the planning commission's recommendations and may also hold a public hearing on the application. The city council shall either approve or deny the application.

5)

Conditions. In considering applications for conditional use permits under this article, the city council shall consider the recommendations and advice of the planning commission and the standards set out in subsection (b) of this section, may approve or deny the permit, and may impose conditions and safeguards to protect the community and mitigate potential impacts of the proposed use.

In permitting a new conditional use or amending an existing conditional use permit, the city council may impose, in addition to these standards and requirements expressly specified by this section, additional conditions which the city council considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:

a.

Increasing the required lot size or yard dimension;

b.

Limiting the height, size, or location of buildings;

c.

Controlling the location and number of vehicle access points;

d.

Increasing or decreasing the street or driveway width;

e.

Increasing or decreasing through demonstrated parking, the number of required off-street parking spaces;

f.

Limiting the number, size, location, or lighting of signs;

g.

Modifying the building architecture or orientation or requiring berms, screening, landscaping or other facilities to protect adjacent or nearby property; and

h.

Designating locations and requirements for open space and/or storm water management.

(e)

Denial. An application for a conditional use permit may be denied by motion of the city council and such motion shall include findings and the determination by the city council that the conditions required for approval have not been met.

(f)

Start of construction or use. Where a conditional use permit has been issued pursuant to the provisions of this section, such permit shall become null and void unless work thereon commences within one year of the date of the approval of the conditional use unless otherwise stipulated in the conditions of the permit or an extension is approved by the city council.

(g)

Extension of time. A petition to extend time of a conditional use permit shall be in writing and filed with the zoning administrator no later than 30 days before the expiration of one year from the date the permit was approved. It shall state facts showing a good faith attempt to use the permit and shall state the additional time requested to complete the construction or alteration. Such petition shall be presented to the city council and the council may consider such factors as the design, size, expense and type of the proposed construction or alteration in determining whether it will grant an extension.

(h)

Inspection and revocation. The city may at any time inspect the conditionally permitted use to determine if the applicant is strictly adhering to the conditional use permit and the conditions thereof. If it is found that the permit and the conditions of the permit are not being adhered to, the applicant shall be notified in writing by the city and given a reasonable deadline to come into strict compliance. If compliance is not achieved by that deadline, the city council shall hold a public hearing to consider the matter and may revoke the conditional use permit if it finds that the applicant or owner is in violation of any of the conditions of the permit.

(i)

Filing of permit. A certified copy of all conditional use permits shall be filed with the county recorder. The permit shall include a copy of the resolution authorizing the permit and subsequent conditions, the legal description and parcel I.D. of the property included.

(j)

Amendment. The procedure to amend or alter an existing conditional use shall be the same as outlined in section 36-45 (d).

(k)

Conditions and change in use. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms and conditions of the permit.

Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended permit, and all procedures shall apply as if a new permit were being issued.

(Code 1997, § 1310.10; Ord. No. 2020-05, 12-17-2020)

(a)

Purpose. Pursuant to M.S.A. § 462.351, subd. 6 as amended from time to time, the purpose of this section is to permit deviations from the requirements of this article in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this article.

(b)

Approval of variance. The city council shall only approve a variance when the terms of the variance are consistent with the comprehensive plan, when it is in harmony with the general purpose and intent of this Code as then in force, and when the strict enforcement of this article would result in practical difficulties with carrying out the strict letter of this article. The term "practical difficulties," as used in connection with the variance, means:

(1)

The property owner proposes to use the property in a reasonable manner not permitted by this Code.

(2)

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

(3)

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

(4)

Economic conditions alone shall not constitute practical difficulties.

(5)

That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(6)

That the requested variance is the minimum action required to eliminate the practical difficulty.

(7)

Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(c)

Prohibited uses. No variance shall be granted to allow any use that is not permitted under this article for property in the zone where the applicant's land is located.

(d)

Applications. Applications for variances shall be made by the owner of the property and shall be filed with the zoning administrator. All applications shall be accompanied by an administrative fee as prescribed in section 36-36 and shall include the following information:

(1)

A description of the proposed use and how it varies from the applicable provisions of this article;

(2)

A legal description of the property, including plot and parcel number;

(3)

A map or plat showing the property in question and all property within 500 feet of the boundaries of the property in question;

(4)

A site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping and any other improvements;

(5)

The names and addresses of the owners of record of all property within 500 feet of the boundaries of the property in question;

(6)

A statement of the applicant, referring to specific facts, describing the following:

a.

A written description of the request for the variance, including an explanation of compliance with the "practical difficulties" criteria set forth in this section;

b.

That the granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood;

(7)

Any other information required by the zoning administrator, planning commission or council.

(e)

Referral to planning commission. Before any variance may be granted, the application shall be referred to the planning commission for study, and for its recommendation to the city council for approval of such variance and the conditions thereof, if any, or for the denial of such variance based upon the standards set out in subsection (a) of this section.

(f)

Hearings. The planning commission may hold one or more hearings on the application in the manner provided in section 36-41. If a public hearing is not held, a notice describing the property and the request must be mailed to the adjacent property owners at least ten days before the planning commission meeting. Failure of the property owners to receive the notice shall not invalidate the proceedings.

(g)

Issuance. Upon receipt of the report of the planning commission as provided in this section, or at any time within 60 days of receipt of the completed application, the city council shall consider the application and may hold whatever public hearings it deems necessary in the manner provided in In considering applications for variance under this article. The city council shall consider the advice and recommendations of the planning commission and the standards set out in subsection (a) of this section and may approve or deny the variance and may impose conditions and safeguards.

(h)

Denial. An application for a variance may be denied by motion of the city council and such motion shall constitute a finding and determination by the city council that the conditions required for approval do not exist.

(i)

Filing of permit. A certified copy of all variances granted shall be filed with the county recorder. The filing shall include a copy of the resolution authorizing the variance and the legal description and parcel I.D. of the applicable property or properties.

(j)

Termination orAbandonment. A violation of any condition set forth in granting a variance shall be a violation of this title. The city council may hold a public hearing to review the variance and require compliance with the conditions or may revoke the variance. A variance shall become invalid one year after it was granted, unless made use of within the year or such longer period prescribed by the council.

(k)

Extension of time. A petition to extend the time of a variance shall be in writing and filed with the zoning administrator no later than 30 days before the expiration of one year from the date the variance was approved. It shall state facts showing a good faith attempt to use the variance and shall state the additional time requested to complete the construction or alteration. Such petition shall be presented to the planning commission for a recommendation to the city council. The city council may approve the extension. In determining whether the petitioner has made a good faith attempt to use the variance, the planning commission and city council may consider such factors as the design, size, expense and type of the proposed construction or alteration to make its decision regarding the requested extension.

(l)

Two-year period. It shall be within the power of the planning commission at the time of recommending approval of the request for a variance, to recommend a two-year period for the substantial construction of the building or structure, and the city council may approve the extension. Such two-year period may not thereafter be extended.

(Code 1997, § 1310.11; Ord. No. 2020-06, 12-17-2020)

(a)

Abandonment. Whenever within one year after the granting of a conditional use permit or a variance the owner or occupant shall not have substantially completed the erection or alteration of a building or structure described, then the permit or variance shall become null and void unless a petition for extension of time in which to complete the proposed construction of alterations has been granted.

(b)

Extension of time. A petition to extend time of a conditional use permit or variance shall be in writing and filed with the zoning administrator no later than 20 days before the expiration of one year from the date the permit or variance was approved. It shall state facts showing a good faith attempt to use the permit or variance, and shall state the additional time requested to complete the construction or alteration. Such petition shall be presented to the board of appeals and adjustments for hearing and decision in the same manner as the original request. In determining whether the petitioner has made a good faith attempt to use the permit or variance, the board may consider such factors as the design, size, expense and type of the proposed construction or alteration.

(c)

Two-year period. It shall be within the power of the planning commission or board of appeals and adjustments, at the time of granting the original request for a conditional use permit or variance, to grant a two-year period for the substantial construction of the building or structure, but such two-year period may not thereafter be extended.

(Code 1997, § 1310.12)

Any landowner may request a determination by the city council that a use not included in this article is substantially similar to a use classified as permitted, conditional or accessory. An application for such a determination shall be filed with the zoning administrator who shall refer it to the planning commission. The planning commission shall consider the application and shall file its recommendations with the city council. If the city council determines that the use is substantially similar to a use included in these regulations, such use shall thereafter be permitted whenever the similar listed use is authorized.

(Code 1997, § 1310.13)

(a)

Authorization. The city council may authorize an interim use of property as provided in M.S.A. § 462.3597 by means of an interim use permit, which shall be processed in the same manner as a conditional use permit as established in this article.

(b)

Use consistent with zoning regulations. Interim uses shall conform to the zoning regulations. No interim use shall be approved for any use that is not permitted in the zone where the applicant's land is located.

(c)

Termination. In reviewing the interim use permit application, the city will establish a specific date or event that will terminate the use on the property, but in no case more than three years from the date of approval of the interim use, after which the applicant shall have the right to use the property only in a manner consistent with the zoning regulations and policies of the city comprehensive plan and this article. The use may now be terminated with a change in zoning regulations.

(d)

Conditions. The city council may attach additional conditions to an interim use permit to ensure that it will not have adverse effects on the public health, safety, and welfare, and that it will not impose additional costs on the public if it is necessary for the public to take the property in the future.

(e)

Revocation. An interim use permit may be revoked in the same manner as a conditional use permit.

(Code 1997, § 1310.14; Ord. No. 2020-08, 12-17-2020)

(a)

All petitions for rezoning to establish or expand a nonresidential district shall also concurrently follow subdivision platting procedures and a complete preliminary plat with all supporting data required which shall be filed with the zoning administrator.

(b)

If a zoning change for a nonresidential district is approved, the first phase of construction shall begin or show reasonable progress within two years after approval of the general development plan and zoning change by ordinance or the district may be zoned back to its original zoning district classification or other appropriate zoning district classification.

(c)

Upon receipt of a completed application for rezoning, subdivision or site plan approval, a date shall be set for a public hearing before the planning commission. The hearing will be held no less than ten days after mailed notice is sent to the owners of property located wholly or partially within 350 feet of the site. The planning commission shall submit its recommendation to the city council. Following appropriate review, the council shall make a decision regarding the application.

(d)

Upon finding by the planning commission and city council that the proposed zoning district and preliminary plat shall constitute a district of sustained desirability, is consistent with long range comprehensive plans for the city, and meets the requirements of the district, the city council may establish such district on the property included in the preliminary plat. The preliminary plat as approved together with such covenants, deed restrictions, controls, or special conditional use permits as may be attached to it, shall be filed and recorded by the owners or developer in the office of the county register of deeds and shall become a part of the ordinance establishing the zoning charge. Any substantial change to the plat shall require resubmission to and approval by the planning commission and city council.

(e)

The final platting of such land shall be subject to such requirements for approval, recording, and the installation of improvements as required by other city ordinances.

(Code 1997, § 1350.16)

(a)

Site plan review. Prior to obtaining a building permit or constructing any building improvements on an individual lot or site within any nonresidential district, three copies of the site plan of proposed improvements shall be submitted to the zoning administrator. The zoning administrator may require review by the planning commission and city council. Such site plan shall include the following:

(1)

A survey or plat of the property.

(2)

Evidence of ownership or interest in the property.

(3)

The fee specified in the city's fee schedule.

(4)

Information regarding project phasing and timing.

(5)

Complete development plans, signed by a registered architect, civil engineer, landscape architect, or other appropriate design professional, as required by the state building code.

(6)

Phasing plan.

(7)

Architectural plans showing the following:

a.

Colored elevations of all sides of the building.

b.

Type, color and samples of exterior building materials.

c.

Typical floor plans.

d.

Dimensions of all structures.

e.

The location of exterior trash storage areas and of exterior electrical, heating, ventilation and air conditioning equipment.

f.

Utility plans including water, sanitary sewer, and storm sewer.

g.

A plan showing landscaping, lighting, and signs that meets code requirements.

h.

Illustrations that show adjacent building elevations to show the scale of adjacent buildings and landscaping.

i.

Such other information as may be required by the city to process the application.

(b)

MX-3 District. Additional administrative procedures for development in the MX-3 District:

(1)

Preliminary review. It is strongly recommended that anyone planning to develop or redevelop property in an MX-3 District meet with the city clerk-administrator:

a.

During the conceptual design process in order that the staff may offer input into meeting the ordinance requirements and design standards; and

b.

During the design development stage to ensure that the plans meet the minimum MX-3 District standards.

(2)

Station area plan procedure. No new development or redevelopment may occur, and no building permit will be issued, without approval of a station area plan conforming to the requirements of this section. Approval of individual site plans must conform to the station area plan. Upon the submission of the station area plan, the planning commission will conduct a public hearing and make a recommendation to the city council, which shall approve, modify, or deny the station area plan. The station area plan shall include the following:

a.

A drawing showing existing conditions such as property boundaries, generalized contours, site features such as wetlands and wooded areas, and surrounding land uses and development.

b.

A conceptual development plan showing public and private open space, and general site data such as building locations, density, setbacks, ponding areas, parking areas and generalized screening, buffering and landscape concepts.

c.

Generalized traffic information including proposed new streets and alley connections, and improvements to existing roads.

d.

An elements plan that includes, but is not limited to, lighting, public art, planters, fountains, litter receptacles, benches or seating areas.

(3)

Requirements for approval. The findings necessary for approval of the station area plan include, but are not limited to, the following:

a.

The station area plan is consistent with the intent of the MX-3 District.

b.

The station area plan reflects development that:

1.

Is not detrimental to the public health, safety, or general welfare.

2.

Is not hazardous, detrimental, or disturbing to surrounding land uses, or that creates pollution, vibration, general unsightliness, electrical interference, or other nuisances.

3.

Does not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to adjoining properties.

4.

Is served adequately by essential public services such as streets, police, fire protection, utilities, and parks.

5.

Does not create excessive additional requirements at public cost for public facilities and services, and is not detrimental to the economic welfare of the city.

6.

Causes minimal adverse environmental effects.

7.

Each phase or stage of the station area plan can exist as an independent unit.

(4)

Administrative approval.

a.

To offer some degree of flexibility, the city clerk-administrator has the authority to administratively alter any of the development and urban design standards by five percent in an MX-3 District. If administrative approval is required for parking or an item normally approved by the planning commission and city council, the city clerk-administrator shall only grant approval after consultation with other city staff (public works, building inspections, fire chief, etc.).

b.

On matters that do not involve quantitative measurements, the city clerk-administrator may also make minor alterations if he determines that such changes would be an acceptable design approach to development and would be in keeping with the general intent of the MX-3 District. Any such approval shall meet the following criteria:

1.

Incorporates existing buildings, trees, topographic features, or other existing elements consistent with the intent of the MX-3 District; and

2.

Provides urban open space, seating, fountains, accent landscaping, or other similar urban pedestrian amenities consistent with the intent of the MX-3 District.

(Code 1997, § 1350.17)

(a)

It is a purpose of this division to provide for the regulation of uses, buildings, structures, lots and signs which lawfully existed prior to the effective date of the ordinance from which this Code is derived or its amendment but which fail to comply with any of the current regulations or standards established by this Code or subsequent amendments. It is the intent of these regulations to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.

(b)

It is the intent of this division to ensure that nonconformities eventually be brought into conformance with the standards of this Code.

(Ord. No. 2020-07, 12-17-2020)

(a)

Continuance. Any legal use existing upon the effective date of the zoning ordinance from which this division is derived or its amendment and which does not conform to the provisions of the ordinance may be continued consistent with the standards of this division.

(b)

Intensification. Any legal nonconforming use may continue, including through repair and normal maintenance, and including necessary repairs and incidental alterations which do not extend or intensify the nonconforming use.

(c)

Abandonment. If a nonconforming use is abandoned or discontinued for a period of one year, the use of the property shall be brought into conformance with the standards in this code.

(d)

Replacement. If a nonconforming use is replaced by another use, the new use shall conform in all respects to the standards in this code.

(e)

Inspection. The city's enforcing officer may conduct an inspection on a periodic basis of any or all nonconforming uses and report his/her findings to the city council for appropriate action.

(Ord. No. 2020-07, 12-17-2020)

(a)

Continuance. A legal structure existing upon the effective date of the zoning ordinance from which this division is derived or its amendment and which does not conform to the provisions of this division may be continued, including through repair, replacement, restoration, and normal maintenance, including necessary nonstructural repairs and incidental alterations, which do not extend or expand the nonconforming structure.

(b)

Alterations to residential structures. Alterations may be made to a residential building containing nonconforming residential units when they improve the livability of such units, provided that such alterations do not increase the number of dwelling units in the building.

(c)

Replacement or movement. If a legal nonconforming structure is replaced by another structure or moved for any reason for any distance, the new or moved structure shall conform in all respects to the standards in this code, except as provided in item (d).

(d)

Destruction. When a nonconforming structure is damaged by fire or other peril to the extent of more than 50 percent of its estimated market value as indicated by the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, it shall not be reconstructed except in conformity with the provisions of this code. In this case, reasonable conditions may be imposed upon a zoning or building permit to mitigate any newly created impacts on adjacent properties or water bodies.

The owner shall provide a value estimate to restore the structure to minimum code standards. The value estimate shall include all costs related to the restoration including but not limited to the cost of all materials, labor and services. The percent of market value damage shall be established by the city.

(e)

Inspection. The city's enforcing officer may conduct an inspection on a periodic basis of any or all nonconforming structures and report his/her findings to the city council for appropriate action.

(f)

Accessory structures and garages. Accessory structures and garages shall be permitted where nonconforming uses may be present provided that the new structure meets all necessary standards of the appropriate district and that no accessory structure or garage already exists on the property.

(g)

Expansion. A legal nonconforming structure may be expanded, enlarged or extended by up to 20 percent if it satisfies the following conditions:

(1)

If the use of the structure is a conforming use.

(2)

If the nonconforming structure is a commercial structure, 20 percent means 20 percent of the foundation size of the existing structure.

(3)

If the nonconforming structure is a residential use or home, 20 percent means 20 percent of the foundation size of the existing structure. Foundation size excludes the foundation of any attached garage.

(4)

The expansion meets all setback, lot coverage, building height, and lot dimension requirements of the respective zoning district.

(5)

No adverse impacts will be created on the property or surrounding properties by the expansion.

(6)

Expansion of the nonconforming structure will not hinder local plans for redevelopment or conflict with the implementation of the comprehensive plan.

(7)

The building owner shall provide a site plan to the city with the expansion request. The site plan shall be drawn to scale and shall show the existing structures and the area of the use(s) on the site and the proposed structural expansion and area of the use(s) on the site.

(Ord. No. 2020-07, 12-17-2020)

(a)

Certain residential districts. A lot of record existing upon the effective date of this Code in the R-1A, R-1 or R-2 residential zoning districts which does not meet the requirements of this Code as to lot area, frontage or depth may be utilized for one single-family detached dwelling or manufactured single-family dwelling provided the following conditions are met:

(1)

Since becoming nonconforming, the lot has always been in separate ownership from abutting lots.

(2)

All necessary building setback provisions within the respective district are met without obtaining a variance.

(3)

Structures do not block sunlight that could be used for solar energy from adjacent properties.

(4)

The lot of record is not adjacent to an existing vacant lot under the same ownership that could be combined to meet the standards of the district.

(b)

RE District. A lot of record existing upon the effective date of the ordinance from which this division is derived or its amendment in the RE (Residential Estates) zoning district which does not meet the requirements of this chapter as to lot area, width, or dry buildable land as prescribed below may be utilized for one single-family detached dwelling or one manufactured single-family dwelling or permitted agricultural uses provided that:

(1)

The measurements of the lot area, depth, and width are at least 80 percent of the requirements of this subdivision.

(2)

The lot of record has a contiguous area of dry buildable land equal to at least 10,000 square feet for a principal structure and the 10,000 square feet must include an area measuring at least 60 feet by 125 feet.

(3)

The lot of record has a contiguous area of dry buildable land equal to at least 2,000 square feet for an accessory structure and the 2,000 square feet or larger area need not be immediately adjacent to the principal structure building site but must be accessible over the subject lot.

(4)

The lot of record has a potential drainfield area(s) so that an onsite septic system can be located on the lot that meets the requirements of the Washington County Subsurface Sewage Treatment Systems (SSTS) ordinance and will reasonably service the principal structure for which the drainfield is intended.

(5)

The lot of record has a current septic site evaluation report completed by a licensed evaluator that documents the existence of primary and alternate drainfield locations on the lot of record that meet the requirements of the Washington County SSTS ordinance.

(6)

Any area of the lot of record that meets the definitions of both dry buildable land and possible drainfield area may be used to meet the minimum requirements of either but may not be sed to satisfy the minimum requirements of both.

(7)

Public and private rights-of-way or vehicular or pedestrian easements may not be used in order to meet any portion of the minimum lot area, lot depth lot width, dry buildable land requirements or drainfield area requirements.

(c)

Mixed Use and Nonresidential Districts. A lot of record existing upon the effective date of the ordinance from which this division is derived or its amendment in any mixed use or nonresidential district which does not meet the requirements of this division as to area or width may not be utilized for any purpose requiring a building unless the lot is combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this division.

(Ord. No. 2020-07, 12-17-2020)

(a)

Business signs. Business signs on the premises of a nonconforming use may be continued while the use continues as a nonconforming use, but such signs shall not be increased in number, area, height, or illumination.

(b)

Alterations. No nonconforming sign shall be rebuilt, enlarged, altered, or moved to a new location without being brought into compliance with the requirements of this division.

(Ord. No. 2020-07, 12-17-2020)

Nonconformities in floodplains. The repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

(Ord. No. 2020-07, 12-17-2020)