(1)

This title shall be administered and enforced by the community development and police departments. No building permit shall be issued until the community development department has certified that the proposed building or alteration complies with all the provisions of this title

(2)

The community development and police departments shall have all the powers, duties, and responsibilities necessary to enforce the provisions of this title.

(Ord. No. 1606, § 1002.01, 11-8-2021)

(a)

Any person, firm, or corporation shall be guilty of a misdemeanor who:

(1)

Violates, disobeys, admits, neglects, or refuses to comply with any provision of this title; or

(2)

Resists the enforcement of any of the provisions of this title.

(b)

Separate offences. Each day that a violation continues to exist shall constitute a separate offense punishable under this Code.

(Ord. No. 1606, § 1002.02, 11-8-2021)

If an approved conditional use or interim use is in violation of this title or the conditions of approval, the city may initiate a process to revoke the conditional use or interim use. The city shall then conduct a public hearing to consider the revocation of a conditional use approval. Notifications shall be distributed and published according to chapter 107. In considering revocation, the commission and the city council shall consider compliance with the approved conditions of the conditional use or interim use and the standards listed identified in chapter 1009, procedures. Following a vote by the city council to revoke the conditional use or interim use, the city shall file a certified copy thereof, including a legal description of the property with the county recorder and/or registrar of title.

(Ord. No. 1606, § 1002.03, 11-8-2021)

(a)

(1)

Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this title, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

a.

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

b.

Any nonconforming structure is destroyed by fire or other peril to the extent of greater than 50 percent of its market value 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 building permit in order to mitigate any newly created impact on adjacent property.

(2)

Exceptions. Notwithstanding the requirements of subsection (a)(1) of this section, preexisting nonconforming structures or uses on LDR- or LMDR-zoned properties, including those within shoreland or wetland management districts, may be expanded when:

a.

Nonconforming setbacks are not further reduced;

b.

Nonconforming building separations are not further reduced;

c.

Nonconforming height is not further increased;

d.

Nonconforming improvement area is not further increased; and

e.

No new nonconforming conditions are created.

(b)

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

(c)

Notwithstanding subsection (a) of this section the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas consistent with the city's floodplain ordinance.

(d)

Unimproved lots. Any platted lot existing on January 1, 2011, and then held in separate ownership different from the ownership of adjoining lots may be used for the erection of a lawful structure, even though its area and width are less than the current minimum requirements so long as the remaining zoning requirements are met (or as a variance may permit).

(e)

All districts exception. Where a preexisting principal or accessory structure, including expansion thereof, for which a property line setback dimension has been made substandard by eminent domain or other formal public agency action, such structure shall be considered a legally conforming structure. All future additions to the structure or use shall meet the current required setback from the revised property or easement line.

(Ord. No. 1606, § 1002.04, 11-8-2021)

(a)

No change shall be made in the boundary line of any zoning district, in the permitted and/or conditional uses, or in the regulation for any zoning district except through the procedure established in section 1009.06.

(b)

The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from a residential district to a commercial, community mixed-use, employment, or institutional district requires a two-thirds majority of all members of the city council.

(Ord. No. 1606, § 1002.05, 11-8-2021)

The city officials and bodies identified in this section, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this title.

(1)

Community development department.

a.

Membership. The community development department shall be comprised of positions created by the city council which are primarily responsible for matters related to land use, zoning, building permits, code enforcement, and development.

b.

Duties. The community development department shall have the following responsibilities:

1.

Conduct inspections of buildings and uses of land to determine compliance with the provisions of this title;

2.

Maintain permanent and current records of this title, including, but not limited to, all associated maps, amendments, conditional uses, variances, and appeals;

3.

Receive, file, and forward all applications for building permits, appeals, variances, conditional use, interim use, zoning ordinance amendments, or other matters to the appropriate decision-making body;

4.

Hold preapplication meetings, as necessary;

5.

Make a determination of compliance with this title on all applications for building permits, land use applications, and certificates of occupancy;

6.

Provide zoning information to residents and others upon request; and

7.

Interpret the provisions of this title.

(2)

Development review committee.

a.

Membership. The development review committee (DRC) shall be composed of city staff members representative of departments and/or divisions of the city dealing with various aspects of development and land use.

b.

Duties. The DRC shall have the following responsibilities:

1.

Reviewing land use applications for conformance with the technical requirements of this Code, maintaining a schedule for processing the application within the time frames of this Code and of state law, and as necessary, meeting with applicants and soliciting comments of other public agencies; and

2.

To determine land use application completeness and to develop appropriate information and recommendations in order to adequately and appropriately advise city commissions and the city council on land use applications.

c.

Meetings. The DRC shall meet when necessary as land use applications are received and/or other proposed developments require review and comment of the full committee.

(3)

Administrative deviation committee.

a.

Membership. The administrative deviation committee (ADC) shall comprise members of the development review committee from the public works and community development department.

b.

Duties. The ADC shall review applications for administrative deviation made pursuant to section 1009.01 and provide recommendations pertaining to the approval or denial of the request to the community development director.

c.

Meetings. The ADC shall meet as necessary to review and process administrative deviation applications.

(4)

Master sign committee.

a.

Membership. The master sign plan committee shall be composed of members of the community development department and, when deemed necessary, other members of the city staff may be invited to attend and provide comments and a recommendation regarding a proposed master sign plan (MSP).

b.

Duties. The master sign plan committee shall have the following responsibilities:

1.

To establish fair and equitable criteria for complex signage situations that accommodate the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification.

2.

To review proposed MSP's and their specifications for conformance with the technical requirements of chapter 1010.

3.

To provide applicants with necessary and/or applicable modifications in accordance with MSP criteria.

4.

To approve all master sign plans.

c.

Meetings. The master sign plan committee shall meet as necessary to take action on submitted MSP applications.

(5)

Planning commission.

a.

Membership and organization of the planning commission is established in chapter 201.

b.

Duties. The planning commission shall have the following responsibilities:

1.

Hear and make recommendations to the city council regarding all applications for conditional uses;

2.

Hear and make recommendations to the city council regarding applications for interim uses;

3.

Hear and make recommendations to the city council regarding all applications for an amendment to this title, both text amendments and amendments to the district boundaries on the official zoning map;

4.

Review this title from time to time and make recommendations to the city council that changes be initiated;

5.

Hear and make recommendations on any other matter referred to it by the city council; and

6.

Adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record.

c.

Meetings. The commission shall hold at least one regular meeting on the first Wednesday of each month, as necessary.

(6)

Variance board.

a.

Membership. In accordance with Minn. Stat. § 462.354, as may be amended, the variance board shall be comprised of three members and one alternate appointed by the city council from among the members of the planning commission.

b.

Duties. The variance board shall hear and make decisions on all applications for a variance from the literal provisions of this title.

c.

Meetings. The variance board shall meet on the first Wednesday of each month, as necessary.

(7)

City council.

a.

Authority. The city council shall have the authority given to it by state statutes.

b.

Duties. The city council shall hear and make the final decision on all matters identified as requiring city council action in this title.

(8)

Board of zoning adjustments and appeals.

a.

Membership. In accordance with Minn. Stat. § 462.354, as amended, the city council will act as the board of zoning adjustments and appeals.

b.

Duties. The board of zoning adjustments and appeals hears and makes decisions on all applications for an appeal of any administrative order, requirement, determination, final decision made by the community development department, or an appeal of a variance decision by the variance board, pursuant to the appeal procedure established in section 1009.08.

(Ord. No. 1606, § 1002.06, 11-8-2021)