The zoning administrator shall enforce the provisions of this chapter and be responsible for carrying out the following duties:

(1)

Enter upon land or within a building during reasonable working hours as found necessary to fulfill the duties as administrator of this chapter.

(2)

Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(3)

Maintain permanent and current records of this chapter, including, but not limited to all maps, amendments, conditional use permits, variances, appeals, nonconforming uses, planned unit developments, and other applications thereto.

(4)

Receive, file, and forward to the planning commission all applications for amendments, appeals, variances, conditional use permits, planned unit developments, and other matters which these bodies are required to consider under this chapter.

(5)

Institute, in the name of the city, appropriate actions or proceedings against a violator as provided by law.

(6)

Establish and enforce regulations in writing, clarifying or explaining any provision of this chapter.

(7)

To provide such clerical, technical, and professional assistance as may be required by the planning commission in the exercise of their duties.

(8)

To recommend policies and procedures to the city council for the orderly and efficient review and processing of applications filed with the city, including the type, scale and size of plans and drawings required for such applications, and the number of copies of such plans and drawings.

(Prior Code, ch. 1310, subd. 5)

(a)

Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, unless:

(1)

The nonconformity or occupancy is discontinued for a period of more than one year; or

(2)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in 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. In this case, the city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

(b)

Expansions of nonconformities shall only be permitted upon issuance of a variance in accordance with section 109-48 and may be approved with reasonable conditions to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the city from enforcing an ordinance that applies to adult use bookstores, adult use theaters, or similar adult uses as defined in section 12-21.

(c)

This subsection applies to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. The city may regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to this subsection.

(1)

A nonconforming single lot of record located within a shoreland area shall be allowed as a building site without variances from lot size requirements, provided that:

a.

All structure and septic system setback distance requirements can be met;

b.

A Type 1 sewage treatment system consistent with Minn. Rules ch. 7080, can be installed or the lot is connected to a public sewer; and

c.

The impervious surface coverage does not exceed 25 percent of the lot.

(2)

In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development if it meets the following requirements:

a.

The lot must be at least 66 percent of the dimensional standards for lot width and lot size for the shoreland classification consistent with Minn. Rules ch. 7080;

b.

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minn. Rules ch. 7080, and local government controls;

c.

Impervious surface coverage must not exceed 25 percent of each lot; and

d.

Development of the lot must be consistent with an adopted comprehensive plan.

(3)

A lot subject to subsection (c)(2) of this section not meeting the requirements of said subsection must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

(4)

Notwithstanding subsection (c)(2) of this section, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stats. § 115.55 and Minn. Rules ch. 7080, or connected to a public sewer.

(5)

In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

(6)

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(Prior Code, ch. 1308, subd. 4; Ord. No. 12-03, § 2, 4-30-2012)

State Law reference— Nonconformities, Minn. Stats. § 462.357, subds. 1c., 1e.

(a)

Compliance. A site plan must be approved before a building permit for a new structure or expansion of an existing structure is issued in the GB or LI districts. The purpose of such approval is to assure that new developments conform to city plans and this Code and provide the most appropriate and compatible site plan for that area.

(b)

Application. Approval of a site plan may be initiated by the owner, user, or potential user of the subject property by filing an appropriate application with the city administrator or designee. The city administrator or designee may require the applicant to furnish a scaled drawing of any of the following items which are necessary for the proper consideration of the application:

(1)

Lot or parcel.

(2)

Existing grades, and buildings, zoning, and owners within 100 feet of the site.

(3)

Finished grades and proposed drainage plan approved by the city engineer.

(4)

Proposed buildings showing entrances and exits.

(5)

Interior circulation, including: bike and automobile parking spaces, loading spaces, driveways, stacking spaces, walks, curbing, and lighting.

(6)

Recreation areas.

(7)

Proposed landscaping specifications and locations.

(8)

Existing trees of six inches in diameter or more.

(9)

Proposed screening.

(c)

Application fee. An application fee, to be set by ordinance, shall accompany the application.

(d)

Planning commission action. All requests for site plan approval shall be referred to the planning commission for a recommendation. Within 60 days after referral, the planning commission shall recommend approval, approval with conditions, or denial of the request. If the application is recommended for approval or approval subject to conditions, the city council may approve the site plan listing the specific conditions.

(e)

Findings. The following findings shall be made before a site plan may be approved. The site plan shall:

(1)

Be compatible with the surrounding land uses;

(2)

Preserve existing natural features whenever possible;

(3)

Achieve a safe and efficient circulation system;

(4)

Not place excessive traffic loads on local streets;

(5)

Conform to the city's plans and standards for parks, streets, service drives, and walkways;

(6)

Conform to the city's comprehensive plan;

(7)

Achieve a maximum of safety, convenience, and amenities;

(8)

Show sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development;

(9)

Not create detrimental disturbances to surrounding properties;

(10)

Meet all the requirements of this chapter, unless a variance has been granted from such requirements; and

(11)

Show efforts to conserve energy wherever practical.

(f)

Termination of final approval. Approval of a site plan shall be for one year to allow for the initiation of construction. If construction is not started within one year, or within any extensions granted as hereafter provided, the developer may file a written request prior to the first anniversary of the date of approval with the city council for an extension. The city council may extend site plan approval for periods of not more than 12 months each upon a finding that:

(1)

The proposed use is consistent with the city's comprehensive land use plan current at the time the request for an extension is considered; and

(2)

The project design meets the applicable code standards in effect at the time the request for an extension is considered, or the design is modified to satisfy those standards.

(g)

Security agreement.

(1)

Prior to the issuance of a building permit, the owner shall file a performance bond, irrevocable letter of credit, or place in cash escrow an amount equal to 1¼ times the estimate of the city administrator or designee of the cost of the installation of all paving, curb and gutter, free-standing dumpster enclosures, free-standing lighting, landscaping, sidewalks, grading, and screening required of the owner. If the city administrator or designee determines that the required improvements are adequately covered by a security agreement previously furnished to the city, the administrator or designee may reduce the amount of the security agreement furnished under this subsection by the amount of the duplicate coverage.

(2)

Upon completion of the required work items, the owner or permit holder shall apply to the city for final inspection. If the city finds that all installations meet the requirements of the approved plans and specifications, the security agreement shall be released. However, the security agreement for landscaping shall be effective and held for three years after completion of the work, in order to ensure that such landscaping will survive. If the improvements are not completed as proposed within the established time limit, the city may proceed to complete such installation by contract or force account and seek reimbursement of its cost from the security agreement.

(3)

Prior to occupancy, the owner or permit holder shall request a final inspection from the city. If all improvements have been satisfactorily installed, a certificate of occupancy shall be issued and the deposit released to the owner.

(4)

If the building is occupied prior to the issuance of the certificate of occupancy, the city may claim the deposit as liquidated damages for costs incurred by the city in enforcing these provisions of this Code. The city may enforce compliance by appropriate legal action.

(h)

Landscaping installation and maintenance. The landscaping and screening shall be installed prior to the issuance of a certificate of occupancy. If seasonal weather conditions or phasing of construction presents practical difficulties in the installation or completion of the landscaping, the completion of the landscaping may be deferred for not more than six months by the city administrator or designee. The extension of time shall be granted in writing. The owner or occupant of the premises shall maintain the landscaping and screening in good condition free from refuse and debris. All diseased or dead materials shall be replaced within the next growing season.

(Prior Code, ch. 1320, subd. 1; Ord. No. 04-03)

A board of appeals and adjustments is hereby established which shall be the city council and shall have the following power and duties:

(1)

To review and make decisions regarding all applications for variances and to take action on said applications;

(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 chapter; and

(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 by the city.

(Prior Code, ch. 1310, subd. 6)

State Law reference— Board of appeals and adjustments, Minn. Stats. § 462.354, subd. 2.

(a)

Practical difficulties. A variance from requirements of this chapter may be granted by the city when the applicant for the variance establishes that there are practical difficulties in complying with such requirements. The term "practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by a zoning requirement; the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(b)

Conditions. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. The city shall not permit as a variance any use that is not allowed under the chapter for property in the zone where the affected person's land is located. The city may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.

(c)

Restrictions. The city may impose such restrictions and conditions in a variance to minimize the impact of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

(d)

Required exhibits for variances.

(1)

List, mailing labels, and map showing property owners names and addresses within 1,000 feet of the outer boundaries of the property in question (provided by the city).

(2)

The boundary survey and preliminary building and site development plan. The city staff may waive the survey requirement for height variances, a building closer to the front lot line that exceeds the minimum setback, and similar cases.

(3)

Other information as required.

(e)

Procedures. The procedure for obtaining a variance is as follows:

(1)

The property owner or agent shall meet with the city administrator or designee to explain the situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the city administrator or designee and shall pay a filing fee as established by the city. Applications for variances must be submitted to the city administrator or designee according to the submittal schedule.

(3)

The city administrator or designee shall transmit the application to the planning commission and shall notify all property owners of record within 1,000 feet of the exterior boundaries of the property in question and within 1,000 feet of all contiguous property under common ownership.

(4)

The planning commission shall hold a public hearing and study the application and shall make a recommendation to the city council within 60 days, one of three actions: approval, denial, or approval with conditions. The 60-day period may be extended if necessary for further review by the city.

(5)

No application by a property owner for a variance shall be submitted to the planning commission within a 12-month period following denial of such request, except that the planning commission may permit a new application if, in the opinion of the planning commission, new evidence of a change in circumstances warrants consideration.

(6)

Approved variances shall be filed in the office of the county recorder.

(f)

Revocation. The city council may, following a public hearing, revoke a variance if any conditions established by the city council, as part of granting the variance request, are violated.

(g)

Expiration. When a variance has been issued pursuant to the provisions of this section, the variance shall become null and void without further action by the planning commission or city council unless construction relative to the variance commences within one year of the date of granting the variance. If a variance ceases to exist for a period of six months, it shall expire without further action by the city.

(Prior Code, ch. 1310, subd. 3; Ord. No. 04-03; Ord. No. 11-01; Ord. No. 11-04)

State Law reference— Variances and appeals, Minn. Stats. § 462.357, subd. 6.

(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 city in the enforcement of this chapter. 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 no 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 of appeals and adjustments shall make its order deciding the matter and serve a copy of such order upon the applicant by mail.

(Prior Code, ch. 1310, subd. 7)

State Law reference— Variances and appeals, Minn. Stats. § 462.357, subd. 6.