Newport City Zoning Code

(a)

The office of zoning administrator is established. The duties of this office shall rest with the city clerk-administrator, except that they 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)

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

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(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 them.

(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 their 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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

No person shall use or occupy any lands or premises within the city contrary to the terms of this chapter, or in any manner violate the terms thereof or the terms of any condition imposed under its authority, and any person so doing, upon conviction, shall be guilty of a misdemeanor.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(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. 2026-02, § 3(Exh. A), 1-8-2026)

(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 their findings to the city council for appropriate action.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(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)

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 subsection (d).

(c)

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.

(1)

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.

(d)

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

(e)

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.

(f)

Expansion or alteration. A legal nonconforming structure may be altered, expanded, enlarged or extended by up to 20 percent without a variance 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)

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.

(6)

Exterior remodeling or alterations to a nonconforming building or development must be constructed with materials required by article IV of this chapter. The zoning administrator may authorize the use of other materials if the addition, remodeling, or alteration is deemed to be minor in nature and not visible from a public roadway.

(7)

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

(8)

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

(9)

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. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Legal nonconforming lots of record. Except in the RE District, any separate lot or parcel that was legally created and is of record with the Washington County Recorder's office but became nonconforming as a result of the adoption of this chapter or amendments to the city zoning map may be used for the legal use for which it is zoned subject to the following:

(1)

A vacant lot or parcel served by public sewer may be used for a permitted use by the provision of the zoning district, provided that all setback and lot coverage requirements can be met;

(2)

If in the case of two or more contiguous lots or parcels of land under single ownership (not located in the shoreland overlay zone) any individual lot or parcel does not meet the minimum requirements of this chapter, the individual lot or parcel shall not be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots so that the combination of lots will equal one or more parcels of land meeting the full requirements of this section or the provisions of the zoning district in which the property is located, whichever is more restrictive. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record and not conforming with the provisions of the existing zoning district;

(3)

A conforming lot shall not be reduced in size so that it becomes nonconforming in any respect under the premises of this chapter. A nonconforming lot shall not be reduced in size;

(4)

Additions to principal or accessory buildings or structures located on nonconforming lots may be permitted without a variance, provided that any such addition meets all minimum setback and lot coverage requirements of the zoning district in which it is located and that long term sewage disposal needs can be met;

(5)

Nonconforming lots may be combined with a contiguous lot or lots, but may not be re-subdivided into a nonconforming lot even if the division is consistent with the original lot configuration;

(6)

A structure destroyed or damaged by any means may be reconstructed on a nonconforming lot within one year of the date of the destruction of the original structure, and reasonable progress shall be made in completing the project for this section to be applicable. A building permit must be obtained prior to construction of a new structure, and it shall be constructed in compliance with all other applicable codes and regulations.

(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 grainfield 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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(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. 2026-02, § 3(Exh. A), 1-8-2026)

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. 2026-02, § 3(Exh. A), 1-8-2026)

This article may be amended by the city council whenever the public necessity, convenience, and the general welfare require such amendment.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Rezoning. A change in the boundary of a zoning district or a change from one district to another on the official zoning map, referred to as a rezoning.

(b)

Text amendment. A change in the text for specific zoning district regulations or any other provision of this chapter.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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 division 1 of this article.

(b)

Rezoning applications 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;

(8)

The zoning administrator may require the applicant to supply proof of ownership of the property for which the amendment is requested that illustrates legal or equitable interest in the property; and

(9)

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

(c)

Text amendment applications shall include the following information:

(1)

The name and address of the applicant or applicants;

(2)

Complete description of the changes proposed through the text amendment to the zoning ordinance;

(3)

A statement of how the text amendment would be consistent with the intent of the zoning ordinance and comprehensive plan; and

(4)

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

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The planning commission shall hold a public hearing on each complete application for a zoning amendment as provided in division 1 of this article. For rezonings, a mailed notice shall be sent to the owners of the property within the required distance of the outer boundaries of the subject property or site. After the close of such hearing, the planning commission shall consider findings and shall submit the same together with its recommendation to the city council. Prior to making a recommendation, the planning commission may hold whatever additional public hearings it deems advisable in the manner provided in division 1 of this article.

(b)

Upon receipt of the report of the planning commission, or within 60 days of receipt of a complete application for a zoning amendment, the city council may vote upon the adoption of any proposed amendment. The city council may refer an item back to the planning commission for further consideration or hold additional public hearings.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

Any rezoning shall be consistent with the current city comprehensive land use plan. If the rezoning is not consistent with the current comprehensive plan, an amendment to the comprehensive plan must be requested and approved prior to or concurrent with the rezoning request.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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)

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

(3)

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;

(4)

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

(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 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; and

(7)

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

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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.

(b)

Public hearing. The planning commission shall hold a public hearing on the application in the manner provided in this article.

(c)

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 their cost, any information, studies, or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval.

(d)

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

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

(7)

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.

(8)

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.

(e)

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.

(f)

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.

(g)

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:

(1)

Increasing the required lot size or yard dimension;

(2)

Limiting the height, size, or location of buildings;

(3)

Controlling the location and number of vehicle access points;

(4)

Increasing or decreasing the street or driveway width;

(5)

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

(6)

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

(7)

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

(8)

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

(h)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The procedure to amend or alter an existing conditional use shall be the same as if applying for a new conditional use permit. The zoning administrator may determine whether to modify application requirements.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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.

(b)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Abandonment. Whenever within one year after the granting of a conditional use permit the owner or occupant shall not have substantially completed the erection or alteration of a building or structure described, then the permit 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 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 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 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, 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, 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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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 division 4 of this article.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

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 division 1 of this article and shall include the following information:

(1)

Complete application form signed by all owners of the property;

(2)

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

(3)

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;

(4)

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

(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 from 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; and

(7)

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

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

The planning commission may hold one or more hearings on the application in the manner provided in this article. 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.

(b)

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 this section.

(c)

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.

(d)

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 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 this section and may approve or deny the variance and may impose conditions and safeguards.

(e)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Abandonment. Whenever within one year after the granting of a variance the owner or occupant shall not have substantially completed the erection or alteration of a building or structure described, then the 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 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 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 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 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 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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The purpose of this section is to establish a formal site plan review procedure that will assist the city in achieving safe, functional, and attractive development. Site plan review is required for any non-residential use, prior to issuance of a building permit for new construction or additions and may proceed in conjunction with other applications.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

(a)

Prior to obtaining a building permit or constructing any building improvements on an individual lot or site within any non-residential district, the site plan of proposed improvements shall be submitted to the zoning administrator. 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.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)

The zoning administrator shall refer the site plan to the appropriate staff and consultants for review and preparation of informal comments and may require that revisions be made to the site plan to ensure that applicable city plans, policies, and requirements are met. The zoning administrator may require review by the planning commission and city council.

(Ord. No. 2026-02, § 3(Exh. A), 1-8-2026)