North Mankato City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 156.085 APPEALS AND VARIANCES.
(A) Planning Commission. The Planning Commission shall have the power and duty of hearing and recommending to the Council as herein provided, appeal or requests in the following cases.
(B) Variances. No variance shall be granted unless adequate evidence is produced showing:
(1) Extraordinary circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same classification.
(2) Necessity. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
(3) Not detrimental. 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 said neighborhood. In granting a variance, the Board and the Council may impose conditions to insure compliance and to protect adjacent properties.
(C) Application procedure. Variance applications are subject to the following procedures:
(1) Initiation. Initiation of the application may be made by any person having ownership interest in the parcel described in the application.
(2) Application. Application shall be made upon forms approved by the Zoning Administrator together with such applicable plans and information required by this chapter and the Zoning Administrator. Applications shall be received by the Zoning Administrator and subsequently shall be submitted to the Planning Commission.
(3) Professional survey. A professional survey drawing prepared by a licensed land surveyor is required which identifies the location of all property lines in relationship to the proposed variance request.
(4) Notice. Upon receipt of an application the Zoning Administrator shall cause to have published in the official newspaper a notice of hearing. Adjacent property owners within 350 feet of the affected property shall be notified by registered mail. The notices shall describe the purpose of the hearing and a brief description thereof. Publications and mailing notices shall not be less than 10 days nor more than 30 days prior to the date of hearing. Failure of any adjacent property owner to receive notice, once reasonable attempt has been made, shall not invalidate the proceedings.
(5) Hearing. Upon evidence that adequate notice has been served the Planning Commission shall hold at least one public hearing on each application. The applicant or a duly authorized representative shall be present at the public hearings. Absence of the applicant or a duly authorized representative shall be sufficient cause to deny the application.
(6) Report. The Planning Commission shall report its proceedings together with its recommendations to the Council subject to the standard set in § 155.25, 60-Day Review Process.
(7) Action. Upon receipt of the Planning Commission's report the Council may hold whatever public hearings it deems advisable. The Council shall take action on the application.
(8) Review. It shall be the duty of the Zoning Administrator to report annually on all applications granted in the last year so as to advise the Planning Commission and Council of their conformance status.
(9) Denial. No application denied shall be resubmitted for a period of 6 months from the date of the denial, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(Ord. 220, passed 6-3-2002)
§ 156.086 AMENDMENTS.
This chapter may be amended whenever the public necessity and convenience and the general welfare require.
(1975 Code, § 11.26) (Am. Ord. 31, passed 2-22-1983; Am. Ord. 8,
4th Series
, passed 1-16-2007)
§ 156.087 ZONING ADMINISTRATOR.
(A) The office of the Zoning Administrator is established for which the Council may appoint such employee or employees of the city as it may deem proper.
(B) It shall be the duty of the Zoning Administrator or his or her duly authorized agent to:
(1) Enforce chapter. Enforce this chapter through proper legal channels;
(2) Applications. Examine all applications pertaining to use of land, buildings or structures, and approve same when the application conforms with the provisions of this chapter;
(3) Records. Maintain permanent and current records of the zoning chapter of the City Code, including all maps, amendments, special uses, and variations. 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 insure a continuous compliance with the provisions of this chapter and, upon request, provide information to any person having a proprietary or tenancy interest in any specific property. Keep a record of all nonconforming uses;
(4) Inspection. Periodically inspect buildings and uses of land to determine compliance with the terms of this chapter;
(5) Technical assistance. Provide technical assistance to the Planning Commission and Council as directed;
(6) Violations. Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it. 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 chapter to insure compliance with or to prevent violation of its provisions.
(1975 Code, § 11.27, Subd. 1)
§ 156.088 CERTIFICATE OF OCCUPANCY.
A certificate of occupancy shall be issued upon final inspection before any building hereafter erected is occupied or used.
(A) Application. Application for a certificate of occupancy shall be made to the Zoning Administrator or his duly authorized agent upon forms furnished by the city. Each application for a permit to construct or alter a building shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and use and accessory buildings and uses to be erected or constructed. The Zoning Administrator or his duly authorized agent may require such other information as deemed necessary for the proper enforcement of this chapter.
(B) Issuance. The certificate shall be issued within 10 days after a final inspection by the Building Official has been completed.
(C) Records. Every certificate of occupancy shall state that the building or proposed use of a building complies with all provisions of law and of this chapter. A record of all certificates of occupancy
shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected. A fee may be charged for a certificate of occupancy.
(1975 Code, § 11.27, Subd. 2)