(a)

This chapter shall be administered and enforced by the zoning administrator, who shall be appointed by the council.

(b)

The zoning administrator also shall:

(1)

Determine that all building permits comply with this chapter;

(2)

Issue all zoning occupancy certificates and make and maintain records;

(3)

Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;

(4)

Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and special uses, variances, appeals and applications;

(5)

Receive, file and forward all applications for appeals, amendments, variances, special uses or other matters to the designated official bodies;

(6)

Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law; and

(7)

Serve as an ex officio nonvoting member of the planning commission.

(Code 1984, § 10.06(1), (2); Code 2003, § 78-41)

(a)

The fees to be paid for each application for rezoning, simple subdivision or variance, new, special or conditional use, accessory and principal uses, site plan review, or other approvals required in this Code shall be in the amount prescribed by the current city fee schedule provisions. Fees shall be payable at the time applications are filed with the zoning administrator. There shall be no fee in the case of applications filed in the public interest by the council or by the planning commission.

(b)

No person shall be issued a permit pursuant to this chapter and chapter 6.20 by the city until each applicant shall have paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as provided in this chapter.

(c)

Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions of this Code including the current fee schedule adopted by the city council as required to cover the costs incurred by the city in administratively processing, reviewing and issuing, if granted, each permit.

(d)

At the time of making application for each permit, each applicant shall pay the fixed fee as described in subsection (c) of this section.

(e)

Application fees are not refundable unless the application is withdrawn prior to referral to the planning commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs incurred by the city prior to withdrawal, including, but not limited to, staff time, notification publication expenses, and consultant costs.

(f)

Each applicant shall comply with the provisions of chapter 6.08.

(Code 1984, § 10.11; Code 2003, § 78-42; Ord. No. 42(3rd series), § 2, 2-11-2008; Ord. No. 68(3rd series), § 1, 2-8-2010)

(a)

At any time after the adoption of a land use plan for the city, the planning commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the council with its recommendations for adoption. Subject to the requirements of this chapter, the council may adopt and amend a zoning ordinance with the favorable vote of a majority of the entire city council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require approval by a two-thirds vote of the entire city council.

(b)

No zoning ordinance or amendment shall be adopted until a public hearing has been held by the planning commission or by the council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city not less than ten days prior to the day of the hearing. When an amendment includes changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days prior to the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the amendment relates. 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. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subsection has been made.

(c)

An amendment to this chapter may be initiated by:

(1)

Action of the council;

(2)

A recommendation of the planning commission; or

(3)

Petition of the owners of their or adjoining property, the zoning of which is proposed to be changed.

An amendment not initiated by the planning commission shall be referred to the planning commission for study and report and may not be acted upon by the council until it has received the recommendation of the planning commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning commission.

(d)

Rezoning applications may be denied by motion of the council, and such motion shall constitute a finding and determination that the proposed rezoning is not in the best interest for the physical development of the city. No application which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission.

(Code 1984, § 10.10; Code 2003, § 78-43; Ord. No. 84(3rd series), § 1, 1-24-2011; Ord. No. 210(3rd series), § 1, 6-25-2018)

State Law reference— Amendments generally, Minn. Stats. § 462.357, subd. 4; similar provisions, Minn. Stats. § 462.357, subd. 3.

A building permit, conditional or special use permit, or other permit or necessary permission of the council, wherever or whenever required by this Code, may be denied if the proposed action or permit is not compatible with the intent and provisions of the surface water management plan, the stormwater runoff and shoreland guidelines policy statement promulgated by the Lake Minnetonka Conservation District, and any other valid governmental regulations, plans and policies adopted by the city. Three copies of the policy statement and other applicable governmental regulations, plans and policies adopted by the city shall be marked as official copies and filed for use and examination by the public at city hall.

(Code 1984, § 10.03(3); Code 2003, § 78-44)

No building, structure or premises shall hereafter be used or occupied and no building permit shall be granted and no site plan review shall be approved that does not conform to the requirements of this chapter.

(Code 1984, § 10.07(6); Code 2003, § 78-45; Ord. No. 68(3rd series), § 2, 2-8-2010)

(a)

When required. A zoning occupancy certificate shall be required for occupancy and use of any buildings erected or structurally altered; for new occupancy and use of an existing building when the new use is of a different zoning classification; for occupancy and use of vacant land and, new use of vacant land when the new use is of a different zoning classification; and for any change in the use of a nonconforming use. Where appropriate, the zoning occupancy certificate may be issued as part of building permit.

(b)

Prohibition. It is unlawful for any person to do any of the things mentioned in subsection (a) of this section as requiring an occupancy certificate without having one in force. Any certificate issued upon a false statement of any fact which is material to the issuance shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the zoning administrator, he shall forthwith revoke the occupancy certificate, by notice to the holder. It is unlawful for any person to proceed thereafter with such work or use without having obtained a new certificate.

(c)

Application for occupancy certificate. Every application for a building permit to erect a new building or to make a major alteration shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a use of land where no building permit is required shall be made directly to the zoning administrator.

(d)

Issuance of occupancy certificate. An occupancy certificate shall be approved within ten days after construction has been completed, the premises inspected and certified to be in conformance with the provisions of this chapter. Where vacant land or change in the use of occupancy of an existing building, or for change in a nonconforming use is involved, the certificate of occupancy shall be approved as soon as the zoning administrator has examined the premises and determined that the requirements of this chapter will be met.

(e)

Occupancy certificate required for nonconforming use. Application for such occupancy certificate for all lawful nonconforming uses or buildings created by the adoption of this chapter shall be filed with the zoning administrator by the owner or lessee by January 1, 1976. The zoning administrator shall approve a certificate of occupancy for a nonconforming use. Failure to apply for such occupancy certificate will be prima facie evidence that such nonconforming use was either illegal or did not lawfully exist on January 1, 1975.

(Code 1984, § 10.07(1)—(5); Code 2003, § 78-46)

(a)

Purpose. The concept plan serves as the basis for conceptual discussion between the city and the applicant. There are two general types of concept review: Policy and land use. Policy concept review allows the council to provide informal comments related to land use policy (i.e., would the council be willing to consider a rezoning or land use amendment). A land use concept review process provides the applicant with an opportunity to submit a plan showing the basic intent and the general nature of the entire development. Neither the city council nor the planning commission will take any formal action to approve or deny the application. Comments, remarks, or observations made by the city council, planning commission, or city staff on the concept plan are not binding on the city for subsequent stages.

(b)

Requirements.

(1)

A concept plan review may be completed for projects requiring one or more of the following applications:

a.

Land use amendment (comprehensive plan amendment).

b.

Zone change.

c.

Zoning or subdivision ordinance text amendment.

(2)

A sketch plan may be prepared for certain subdivisions as outlined in section 6.20.350.

(c)

Concept plan application. The planning commission shall review all concept plans based upon the applicant's application. Complete applications shall include the following:

(1)

Completion of all items on the concept plan application form;

(2)

Information on the proposal to sufficiently communicate the request;

(3)

Any additional information requested by the zoning administrator; and

(4)

Payment of the concept plan review fee.

(d)

Concept plan review and recommendations.

(1)

Concept plan review standards. City staff, the planning commission and city council shall study the concept plan, taking into consideration the requirements of generally accepted planning practice, applicable ordinances, and the comprehensive plan.

(2)

Recommendations to the applicant. After reviewing and discussing the concept plan, the planning commission and/or zoning administrator may advise in a general manner the applicant of the changes or additions, if any, which are recommended.

(3)

Council review. Following planning commission review, the council may review a concept plan as was originally applied or in modified form. The council may provide comment on the proposal.

(Code 2003, § 78-47; Ord. No. 168(3rd series), § 1, 5-9-2016)

When required by this chapter, a public hearing shall be held.

(1)

A notice of the time, place and purpose of the hearing shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property. 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. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person, and shall be made a part of the records of the proceedings. The failure to give published or mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings. This subsection shall not apply to amendments pursuant to section 6.12.230.

(2)

In addition, a notice shall be published in the official newspaper once at least ten days before the day of the hearing.

(Code 2003, § 78-48; Ord. No. 210(3rd series), § 2, 6-25-2018)

(a)

General provisions.

(1)

Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The zoning code establishes zoning districts and specific uses which are permitted within each district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction.

(2)

Effective date. Any structure or use lawfully existing upon the effective date of the ordinance from which this section is derived shall not be, enlarged, expanded, extended, or altered in any manner which increases its nonconformity, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended. Any land or buildings which were actually and legally devoted to a nonconforming use on January 1, 1975, and which were thereafter specifically allowed to continue said nonconforming use under the terms of a conditional use permit issued by the city council, shall be allowed to continue under the terms of said conditional use permit.

(3)

Safety repairs. Nothing in the zoning code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official.

(b)

Nonconforming uses.

(1)

Change to conforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(2)

Change to new nonconforming use. An existing nonconforming use may not be changed to another nonconforming use.

(3)

Relocation of nonconforming use.

a.

No nonconforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this section.

b.

Nonconforming non-structural hardcover may be relocated, including full replacement, to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption, provided that:

1.

The hardcover is nonconforming only by reason of the percentage of land devoted to the use or the square footage of the use.

2.

The relocation does not physically enlarge the size of the nonconforming use.

3.

The relocation does not substantially change the character of the nonconforming use.

4.

The relocation does not create a new nonconformity with respect to size or placement by relocating to a different hardcover zone pursuant to section 6.12.6330.

5.

The relocation complies with all applicable setback requirements for the district in which it is located.

6.

No relocation, in whole or part, is made within 75 feet of the ordinary high-water level of any lake or tributary.

(4)

Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the nonconformity of use. Once the nonconforming use of such structure or parcel of land has been so changed, said use shall not thereafter be altered to so as to increase the nonconformity from its decreased state.

(5)

Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the zoning code.

(6)

Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including incidental alterations which do not physically extend or intensify the nonconforming use.

(7)

Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming units, provided they will not increase the number of units or the nonconformity.

(8)

Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. However, a lawful nonconforming gun club may apply to the city council to modify its hours of operation or to expand its operations within the existing defined parameters of the property.

(c)

Nonconforming structures.

(1)

Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the zoning code.

(2)

Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of God, to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of this chapter.

(3)

Expansion of nonconforming structures. The term "expansion of nonconforming structures" includes any increase in a dimension, size, area, volume, or height; any placement of a structure or part thereof where none existed before; any addition of a site feature such as, but not limited to, a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; and any exterior storage, signs, or lighting. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein:

a.

Expansion of nonconforming single-family residence structures. Lawful, nonconforming single-family residential structures may be expanded, provided:

1.

That the expansion does not occupy any space within a nonconforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located.

2.

That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located.

3.

That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard.

b.

Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided:

1.

That the expansion does not occupy any space within a nonconforming area that was previously not occupied either vertically or horizontally, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located.

2.

That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located.

3.

That in cases where an accessory structure encroaches upon the lot line setback, the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks.

(4)

Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the zoning code.

(5)

Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of the ordinance from which this section is derived, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of the ordinance from which this section is derived, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure.

(Code 2003, § 78-71; Ord. No. 33(3rd series), § 1, 2-27-2006; Ord. No. 85(3rd series), § 1, 2-14-2011; Ord. No. 154(3rd series), § 1, 8-10-2015)

(a)

A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the registrar of titles for the county prior to January 1, 1975, and after approval by the council if required.

(b)

A lot of record located within an R (Residential) or RR (Rural Residential) district but not within the SD Shoreland Overlay District, RS Seasonal Recreational District, or any of the LR-Lakeshore Residential districts, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met:

(1)

In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if all other requirements of the underlying zoning district are met, including, but not limited to, required yards, setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter.

(2)

In R or RR districts of greater than one acre and served by public sanitary sewer. A lot of record in any R or RR district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met:

a.

It is at least one acre in size, and the average width of the lot is at least 100 feet;

b.

It is served by public sanitary sewer; and

c.

It otherwise meets the requirements of this chapter or other applicable Code provisions.

(3)

In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met:

a.

The lot area and lot width each meet at least 50 percent of the district standard.

b.

Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant.

c.

All other zoning ordinance requirements must be met, including, but not limited to, the following:

1.

Setbacks.

2.

Hardcover.

3.

Lot coverage by structures.

4.

Accessory structure requirements.

(c)

A lot of record located in any shoreland district, including the SD Shoreland Overlay District, RS Seasonal Recreational District, and any of the LR-Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations:

(1)

A nonconforming undeveloped single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that:

a.

All setback requirements can be met;

b.

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

c.

The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area; and

d.

All other zoning district standards can be met.

(2)

A nonconforming developed single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that:

a.

All setback requirements can be met;

b.

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

c.

The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed the percentage permitted in the appropriate stormwater quality overlay district tier; and

d.

All other zoning district standards can be met.

(3)

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 standard for lot width and lot size for the shoreland classification consistent with Minn. R. ch. 6120;

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. R. ch. 7080, and local government controls;

c.

Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and

d.

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

(4)

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

(5)

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. R. ch. 7080, or connected to a public sewer.

(6)

In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, stormwater runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

(7)

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.

(Code 1984, § 10.03(6)(A); Code 2003, § 78-72; Ord. No. 9(3rd series), § 1, 5-24-2004; Ord. No. 92(3rd series), § 1, 3-26-2012; Ord. No. 95(3rd series), § 1, 10-8-2012; Ord. No. 108(3rd series), § 1, 7-8-2013; Ord. No. 265(3rd series), § 1, 12-6-2021)

The separation by the transfer or sale of nonconforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or common ownership is not permitted without council approval. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of this chapter.

(Code 1984, § 10.03(6)(C); Code 2003, § 78-73)

All farms in existence on January 1, 1975, shall be permitted to continue operation subject to the following conditions:

(1)

No new stock farms shall be created or existing stock farms enlarged more than 25 percent over the total number of animals that existed on the farm as of January 1, 1975, with animals over one year old except under the provisions of a conditional use permit. In considering any such permit, the maximum number and type of animals to be kept shall be determined by the council. The site design and method of operation shall be reviewed, and the council shall find that the proposed or existing stock farm will not, in its opinion, be detrimental to the public safety and the general welfare.

(2)

The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line.

(3)

Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over eight square feet in area may be located in the front yard during the period when products are for sale. Off-street parking must be provided for.

(Code 1984, § 10.03(18); Code 2003, § 78-74)

(a)

A zoning board of appeals and adjustments is established. The planning commission is constituted as the board of appeals and adjustments. The board shall have the following powers:

(1)

To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter.

(2)

To hear requests for variances in accordance with this chapter.

(3)

To exercise other functions as provided in this chapter.

(b)

Subject to such limitations as may be imposed by the council, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order.

(c)

An order, requirement, decision, or determination does not include code enforcement letters that warn an individual of possible criminal, civil, or administrative penalties. Further, any criminal matter must be adjudicated through the court system, and may not be appealed to the city council, pursuant to Minn. Stats. § 412.861 subd. 1.

(Code 1984, §§ 2.54(1), (2), 10.06(3), 10.08(2)(C); Code 2003, § 78-96; Ord. No. 178(3rd series), § 9, 10-10-2016; Ord. No. 253(3rd series), § 3, 2-8-2021)

Hearings by the board of appeals and adjustments shall be held within such time and upon such notice to interested parties, as follows:

(1)

The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail.

(2)

Any party may appear at the hearing in person or by agent or attorney.

(3)

Subject to such limitation as may be imposed by the council, the board may adopt rules for the conduct of proceedings before it; and such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties.

(4)

The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order.

(Code 1984, § 10.06(3)(F); Code 2003, § 78-97)

A public hearing following requirement of section 6.12.280 shall be required for an appeal or variance.

(Code 1984, §§ 2.54(3), 10.06(3)(C), 10.08(2)(B); Code 2003, § 78-98; Ord. No. 166(3rd series), § 1, 3-14-2016; Ord. No. 210(3rd series), § 3, 6-25-2018)

State Law reference— Notice of hearings to be as provided by ordinance, Minn. Stats. § 462.354, subd. 2.

(a)

The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review. The decisions of the board on appeals are binding. The applicant or other person or officers of the city affected may appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refundable. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing.

(b)

All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the district court of the county. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period.

(Code 1984, § 10.06(3)(D); Code 2003, § 78-99; Ord. No. 178(3rd series), § 10, 10-10-2016; Ord. No. 242(3rd series), § 1, 4-13-2020)

After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, that:

(1)

The entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; and

(2)

Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity.

(Code 1984, § 10.06(3)(B)(3); Code 2003, § 78-101)

State Law reference— Effect of official map, Minn. Stats. § 462.359, subd. 3.

The council upon application may grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted, in cases where there are practical difficulties in the way of carrying out the strict letter of the regulations of this chapter and where the variance does not adversely affect the purpose and intent of this chapter nor the health or welfare of the public.

(Code 1984, § 10.08(1); Code 2003, § 78-121; Ord. No. 88(3rd series), § 1, 6-27-2011)

Before authorization of any variances by the council, the request shall be referred to the board of appeals and adjustments for study concerning the effect of the proposed variance upon the comprehensive municipal plan and on the character and development of the neighborhood; and for its recommendation to the council for the granting of such variance so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this chapter. The board of appeals and adjustments shall recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable. The council by unanimous action may waive reference to the board.

(Code 1984, § 10.08(2)(A); Code 2003, § 78-122; Ord. No. 88(3rd series), § 2, 6-27-2011)

(a)

In considering applications for variance, the council shall consider the advice and recommendation of the board of appeals and adjustments and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the council shall hear requests for variances from the literal provisions of this chapter 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 chapter. The parameters within which a variance may be granted are as follows:

(1)

The property owner in question proposes to use the property in a reasonable manner; however, the proposed use is not permitted by the official controls.

(2)

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

(3)

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

(4)

Economic considerations alone do not constitute practical difficulties.

(5)

Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 2, when in harmony with this chapter.

(6)

The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.

(7)

The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.

(8)

The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.

(9)

The conditions do not apply generally to other land or structures in the district in which the land is located.

(10)

The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.

(11)

The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.

(12)

The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.

(b)

The board or council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.

(Code 1984, §§ 2.56(2)(B), 10.06(1)(B)(1)(b), (1)(B)(1)(c), 10.08(3); Code 2003, § 78-123; Ord. No. 88(3rd series), § 3, 6-27-2011)

This chapter seeks to regulate land use throughout the city so that the location of the various zones will be compatible with each other and to existing uses and regulations. Where property in the city adjoins property in another municipality which is subject to regulations substantially different from those applying to the city property, so as to make strict enforcement of all the city regulations as to such property unreasonable, the council may take into account the location of the property and the regulations of the adjoining municipality in considering application for variances under this article.

(Code 1984, § 10.08(4); Code 2003, § 78-124)

Variances may be denied by motion of the council, and such motion shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission.

(Code 1984, § 10.08(5); Code 2003, § 78-125)

If no recommendation is transmitted by the board of appeals and adjustments within 60 days after referral of the application for variance to the board, the council may take action without further awaiting such recommendation.

(Code 1984, § 10.08(6); Code 2003, § 78-126)

A violation of any condition set forth in granting a variance shall be a violation of this chapter and automatically terminates the variance.

(Code 1984, § 10.08(7); Code 2003, § 78-127)

Variances shall expire one year after the date of council approval if not used and an extension has not been granted. Any change in use of the property shall require a new variance. In no case shall more than three one-year extensions be granted.

(Code 1984, § 10.08(8); Code 2003, § 78-128; Ord. No. 80(3rd series), § 1, 11-22-2010; Ord. No. 153(3rd series), § 2, 8-10-2015)

Extensions may be granted by either city staff or the city council pursuant to the following:

(1)

An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension.

(2)

If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension.

(3)

The city council may grant an additional extension at the expiration of an extension granted by either city staff or the city council upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance extension.

(4)

The terms and conditions applicable to a variance at the time of its original approval continue to apply when an extension is granted by either city staff or the city council. Upon receiving a request for an extension, neither city staff nor the city council may alter or amend any of the terms and conditions applicable to the variance or condition the granting of an extension on alteration or amendment of any of the terms or conditions applicable to the variance.

(Code 1984, § 10.08(9); Code 2003, § 78-129; Ord. No. 80(3rd series), § 2, 11-22-2010)

A certified copy of every variance granted shall be filed with the county recorder. Failure to file a variance shall not affected its validity or enforceability.

(Code 2003, § 78-130; Ord. No. 80(3rd series), § 3, 11-22-2010)

A proposed change to an existing variance shall be processed as either a minor amendment or major amendment as defined in this section as determined by the zoning administrator.

(1)

All documents affected by the approved amendment shall be amended and replaced in their entirety. However, an approved minor amendment will not modify the original issuance date of the existing variance for all purposes, including extensions under section 6.12.590 and expiration under section 6.12.580.

(2)

Minor amendments.

a.

Proposed amendments to variances involving 20 percent or less of the total existing variance or the proposed amendment is reasonably believed by the zoning administrator to not be materially different than the underlying variance are minor amendments. Minor amendments may be heard by the city council without a public hearing and without planning commission consideration.

b.

The zoning administrator may determine that a proposed amendment is a major amendment, even if it meets the criteria of a minor amendment, and shall follow the procedure for major amendments.

(3)

Major amendments. A major amendment to the variance shall be processed and approved in the same manner as if it were a new variance request except that submission requirements shall be modified as appropriate by city staff to reflect the nature of the proposed amendment.

(4)

Major amendments shall include:

a.

Any amendment that is not a minor amendment.

b.

Any amendment determined to be a major amendment by the zoning administrator.

(Code 2003, § 78-131; Ord. No. 250(3rd series), § 1, 10-12-2020)

The purpose of this division is to establish a formal site plan review procedure for commercial and industrial uses and provide regulations pertaining to the enforcement of site design consistent with the requirements of this division in advance of building permit issuance.

(Code 2003, § 78-141; Ord. No. 68(3rd series), § 11, 2-8-2010)

It shall be unlawful to construct a building, enlarge the footprint of a building, or change or intensify the use of an existing building or site in any business or industrial district without approval of a site plan in accordance with this division.

(Code 2003, § 78-142; Ord. No. 68(3rd series), § 11, 2-8-2010)

Site plan reviews for permitted or accessory structures shall be reviewed in accordance with the following:

(1)

The city administrator or designee shall make a decision on site plan reviews to construct a building or enlarge the footprint of a building, change the use of a building or parcel of land; to modify the interior or exterior of a building or site or land feature in any manner that results in a different site design or intensity of use, including the requirement for additional parking.

(2)

The city administrator or designee shall have the authority to refer a site plan review to the city council for decision.

(Code 2003, § 78-143; Ord. No. 68(3rd series), § 11, 2-8-2010; Ord. No. 178(3rd series), § 12, 10-10-2016; Ord. No. 189(3rd series), § 3, 4-10-2017)

An application for a site plan review shall be made to the city on a form provided by the city. The application shall also be accompanied by the following information, unless waived by the city administrator: a detailed site plan depicting information as required on forms provided by the city.

(Code 2003, § 78-144; Ord. No. 68(3rd series), § 11, 2-8-2010; Ord. No. 189(3rd series), § 4, 4-10-2017)

Before granting approval of the site plan review, the city council or the planning and zoning coordinator shall determine that the proposal:

(1)

Is compatible with surrounding land uses;

(2)

Preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas;

(3)

Creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the development;

(4)

Achieves a safe and efficient vehicular and pedestrian circulation system;

(5)

Places no excessive demands on services and infrastructure, including local streets;

(6)

Conforms to the city's plans for parks, streets, and walkways;

(7)

Conforms to the city's community management plan;

(8)

Achieves a maximum of safety and convenience of vehicular and pedestrian movement;

(9)

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

(10)

Protects abutting properties and does not create detrimental disturbances to surrounding properties;

(11)

Conforms to all requirements of this chapter unless a variance has been granted;

(12)

Incorporates efforts to conserve energy whenever practical.

(Code 2003, § 78-145; Ord. No. 68(3rd series), § 11, 2-8-2010)

The city council or the planning and zoning coordinator may impose conditions in granting approval of a site plan review to promote the intent of this division and to protect adjacent properties.

(Code 2003, § 78-146; Ord. No. 68(3rd series), § 11, 2-8-2010)

A site plan review approval shall be valid only for the project for which approval is granted. Construction of all site elements shall be in compliance with the plans and specifications approved by the city council or the planning and zoning coordinator.

(Code 2003, § 78-148; Ord. No. 68(3rd series), § 11, 2-8-2010)

Unless otherwise specified by the city council or the planning and zoning coordinator, a site plan review approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. In no case shall more than three one-year extensions be granted.

(Code 2003, § 78-149; Ord. No. 68(3rd series), § 11, 2-8-2010; Ord. No. 153(3rd series), § 3, 8-10-2015)

The review and approval of site improvements pursuant to the requirements of the city adopted building and fire codes shall be in addition to the site plan review process established under this division. Site plan review approval does not imply compliance with the requirements of the building and fire codes.

(Code 2003, § 78-150; Ord. No. 68(3rd series), § 11, 2-8-2010)