No building or grading permit shall be issued for the construction, erection, alteration, moving, demolition or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this code. No renewal of an expired building or grading permit shall be issued for a use or structure made nonconforming by amendments to this code.

The holder of every building or grading permit for the construction, erection, alteration, moving or demolition of any building, structure or part thereof shall notify the building inspector immediately upon the completion of the work authorized by such permit, for a final inspection.

(C.F. No. 10-349, § 2, 4-28-10)

Certificates of occupancy as required by the Saint Paul Legislative Code shall also constitute certification of zoning compliance as required by this zoning code.

Editor's note— C.F. No. 10-349, § 2, adopted April 28, 2010, amended the Code by repealing former § 61.103 in its entirety. Former § 61.103 pertained to final inspection, and derived from C.F. No. 03-1028, adopted April 7, 2004.

Upon approval of a site plan, permit, variance, or other zoning approval by the zoning or planning administrator, planning commission, board of zoning appeals or city council, the applicant shall be issued a permit, or a letter of approval in the case of a site plan, upon which all conditions or limitations imposed shall be recorded. A certified copy of every conditional use permit and subdivision variance granted shall be filed with the county recorder or registrar of titles but shall not constitute an encumbrance on real property. All permits and subdivision variances shall include the legal description of the property involved.

(C.F. No. 10-349, § 2, 4-28-10)

No decision of the zoning or planning administrator, planning commission, board of zoning appeals or city council approving a site plan, permit, variance, or other zoning approval shall be valid for a period longer than two (2) years, unless a building permit is obtained within such period and the erection or alteration of a building is proceeding under the terms of the decision, or the use is established within such period by actual operation pursuant to the applicable conditions and requirements of the approval, unless the zoning or planning administrator grants an extension not to exceed one (1) year. If the use approved is no longer permitted because this code has been amended, the use must meet the requirements of section 61.803.

(C.F. No. 10-349, § 2, 4-28-10)

When a specific use is not listed in the zoning code, the zoning administrator shall issue a statement of clarification, finding that the use is or is not substantially similar in character and impact to a use regulated herein. Such statement of clarification shall include the findings that led to such conclusion and shall be filed in the office of the zoning administrator. If the zoning administrator finds that the use is not sufficiently similar to any other use specifically listed and regulated in the zoning code, any person proposing such use may file an application for the planning commission to determine if a use is or is not similar to other uses permitted in each district. The zoning administrator or planning commission shall make the following findings in determining one (1) use is similar to another:

(a)

That the use is similar in character to one (1) or more of the principal uses permitted.

(b)

That the traffic generated by such use is similar to one (1) or more of the principal uses permitted.

(c)

That the use is not first permitted in a less restrictive zoning district.

(d)

That the use is consistent with the comprehensive plan.

(C.F. No. 10-349, § 2, 4-28-10)

The planning commission, planning or zoning administrator, board of zoning appeals, or city council may impose such reasonable conditions and limitations in granting approval of a site plan, conditional use permit, similar use determination or other zoning approval as are determined to be necessary to fulfill the intent and purpose of the zoning code, to ensure compliance, and to protect adjacent properties and additionally, when approving a variance, as are directly related to and roughly proportionate to the impact of the variance.

(Ord 15-32, § 2, 7-22-15)

The zoning administrator shall notify the planning commission or the board of zoning appeals when a development covered by a site plan, permit, variance, determination of similar use, or other zoning approval is not in compliance with any of the conditions imposed upon such use approval. The commission or the board may, at a public hearing, following notice to the owner of subject property and other adjacent property owners as specified in section 61.303(c), and upon determination that the conditions imposed by such approval are not being complied with, revoke the authorization for such approval and require that such use be discontinued. The commission or the board, in lieu of revoking the permission, may impose additional conditions, modify existing conditions, or delete conditions which are deemed by the commission or the board to be unnecessary, unreasonable or impossible of compliance.

(C.F. No. 10-349, § 2, 4-28-10)

(a)

The director of the department of safety and inspections shall designate a zoning administrator to enforce this code.

(b)

The zoning administrator shall enforce the provisions of this zoning code and any amendment thereto and shall have the power to certify zoning compliance and to make inspections of buildings or premises necessary to enforce this code. It shall be unlawful for the zoning administrator to approve any site plans, as required in article IV, site plan review, of this chapter, or issue any permits for any excavation or construction until such plans have been inspected in detail and found to conform with this code.

(c)

The zoning administrator shall determine whether lots, structures, or uses are legally nonconforming by consulting building records, city directories and other pertinent evidence for the purpose of carrying out the provisions of chapter 62.

(d)

The zoning administrator shall have no authority to change or to grant variances from the terms of this code in carrying out the duties of zoning administrator.

(e)

Upon proper application, and a finding of compliance with the terms of this code by the zoning administrator, the zoning administrator shall issue the permit applied for.

(C.F. No. 07-149, § 31, 3-28-07; C.F. No. 10-349, § 2, 4-28-10)

(a)

Planning commission review. The planning commission shall review and approve or deny site plans, conditional use permits, nonconforming use permits, similar use determinations, and other matters provided for in this code.

(b)

Grant variances. The planning commission may act as the board of zoning appeals and grant variances from the regulations of the code related to permits, similar use determination, rezoning, or site plan approval when considered by the planning commission at the same public hearing. The commission shall grant the variances in accordance with section 61.601.

(c)

Delegation to administrator. The planning commission may, by rule, delegate to the planning or zoning administrator its power to review and approve or deny site plans, permits or other matters, except that the planning commission shall not delegate its power to grant variances and modify special conditions.

(a)

Creation and membership. There is hereby established a board of zoning appeals, which shall perform its duties and exercise its powers as provided by law in such a way that the objectives of this zoning code shall be observed, public safety secured, and substantial justice done. The board shall consist of seven (7) regular members and two (2) alternate members appointed by the mayor with the consent of the council. Of the regular members, one (1) member so appointed shall be a member of the planning commission with appointment coinciding with planning commission term. The appointments of the remaining six (6) of the members shall be for the following period: two (2) members for one (1) year, two (2) members for two (2) years, two (2) members for three (3) years. Following the original appointments, each member shall be appointed to hold office for the full three-year term. The regular members of the board of zoning appeals shall annually elect its own chairman, vice-chairman and secretary. Alternate members shall serve a term of three (3) years and may vote on matters before the board only in the absence of a regular member(s). The compensation of the appointed members of the board of zoning appeals shall be fixed by the council by resolution.

All members of the board of zoning appeals shall be qualified electors of the city and no member shall be an official or employee of the city.

(b)

Meetings. All meetings of the board of zoning appeals shall be held at the call of the chairperson and at such times as such board may determine. All meetings conducted by the board shall be subject to all applicable open meeting laws and ordinances. The secretary, or his representatives, shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official action. Four (4) members of the board shall constitute a quorum for the conduct of its business; provided, that no action may be taken unless at least four (4) members vote in favor of such action. The board shall have the power to administer oaths and, upon order of the district court, to issue subpoenas, require the attendance of witnesses, compel testimony and the production of books, papers, files and other evidence pertinent to the matters before it.

(c)

Decisions by the board of zoning appeals.

(1)

The board of zoning appeals shall conduct a hearing on an appeal or variance application and shall render a decision on the appeal or application without unreasonable delay. Decisions of the board of zoning appeals shall be final subject to later appeal to the city council.

(2)

Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(3)

All of the papers constituting the record upon which the application or the decision appealed from was taken, including, but not limited to, the action of the board of zoning appeals and the findings of fact, shall be retained in the permanent files of the department of safety and inspections

(4)

After reaching a decision in accordance with this section, the board of zoning appeals shall prepare a written report, including, but not limited to, findings of fact and the action of the board, which report will be filed with the department of safety and inspections without undue delay.

(5)

A copy of administrative appeals concerning the river corridor districts shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the board's hearing. A copy of all decisions granting administrative appeals shall be forwarded to the commissioner of natural resources within ten (10) days of such action.

(C.F. No. 07-149, § 32, 3-28-07)

(a)

Application to planning commission. Any person having an ownership or leasehold interest in the subject land and/or building (contingent included) is eligible to file an application with the planning commission for site plan approval, conditional use permit, nonconforming use permit, determination of similar use, and other matters provided for in this code. Such application shall be filed with a site plan meeting the requirements of article IV, site plan review, of this chapter, and other information as required to support the application.

(b)

Application for variance. An application for variance may be filed by any person having an ownership or leasehold interest in the subject land and/or building (contingent included). Such application shall be filed with the zoning administrator, or with the planning commission as provided in section 61.202(b), along with a site plan meeting the requirements of article IV, site plan review, of this chapter, and other information as required to support the application.

(c)

Appeals. Appeals to the board of zoning appeals or of board of zoning appeals decisions shall be filed with the zoning administrator. Appeals to the planning commission or of planning commission decisions shall be filed with the planning administrator.

(d)

Rezoning. Applications for rezoning by the owners of sixty-seven (67) percent of the area of the property to be rezoned shall be filed with the planning administrator along with supporting documents required by section 61.801 and/or by state statutes.

(a)

Application forms and fee. All applications shall be filed on appropriate forms. Pursuant to Minn. Stat. § 462.353, subd. 4, a fee to defray the costs incurred in administering official zoning controls established pursuant to Minn. Stat. § 462.351-364, as set forth in the schedule below, shall be paid by the applicant when a zoning application is filed. The fee for applications filed with the planning administrator shall be paid to the department of planning and economic development. The fee for applications filed with the zoning administrator shall be paid to the department of safety and inspections. Zoning control application fees shall be amended by ordinance.

(b)

Fee schedule. Fees for the following zoning control applications shall be as follows:

(1)

Site plan review:

a.

Three hundred fifty-seven dollars ($357.00) residential, one (1) to two (2) dwelling units. Three hundred thirty-two dollars ($332.00) for additions to one- and two-family dwellings.

b.

Five hundred twenty-five dollars ($525.00) up to ten thousand (10,000) square feet of land and two hundred ten dollars ($210.00) for each additional ten thousand (10,000) square feet of land for all other uses, and an additional fee of two hundred seventy-three dollars ($273.00) for sites on steep slopes or in the river corridor or tree preservation overlay districts. For any site plan for which a travel demand management plan is required, there is an additional fee of four hundred seventy-three dollars ($473.00). For any site plan for which parkland dedication is required, there is an additional fee of five (5) percent of the parkland dedication fee up to one-hundred two dollars ($102.00).

c.

In addition to the site plan review fee, three hundred fifteen dollars ($315.00) for site plans that are reviewed before the planning commission.

d.

Thirty-two dollars ($32.00) for agricultural uses required by section 65.771(a) and farmer's markets required by section 65.515(b).

(2)

Conditional use permit: Eight hundred forty dollars ($840.00) up to one (1) acre of land, two hundred ten dollars ($210.00) for each additional acre of land, and an additional fee of one hundred ninety ($190.00) for a river corridor conditional use permit.

(3)

Major variance:

a.

Five hundred forty-seven dollars ($547.00) one- and two-family residential and signs.

b.

Five hundred eighty-nine dollars ($589.00) multiple-family residential.

c.

Eight hundred fifty-six dollars ($856.00) commercial, industrial, institutional.

(4)

Minor variance: Four hundred forty-two dollars ($442.00).

(5)

Nonconforming use permit, determination of similar use: Seven hundred thirty-five dollars ($735.00).

(6)

Appeals:

a.

Five hundred forty-seven dollars ($547.00) for appeals from administrative decisions to the board of zoning appeals or planning commission.

b.

Four hundred sixty-two dollars ($462.00) for appeals from decisions of the board of zoning appeals or planning commission to the city council.

(7)

Rezoning: One thousand two hundred sixty dollars ($1,260.00) up to one (1) acre of land, two hundred sixty-three dollars ($263.00) for each additional acre of and, an additional fee of five hundred twenty-five dollars ($525.00) for rezoning to any zoning district with a master plan, and an additional fee of one thousand fifty dollars ($1,050.00) for rezoning to PD Planned Development District.

(8)

Reduced fees for multiple approvals: For any permit or variance application in subparagraph (2) through (6) above submitted for consideration by the planning commission at the same public hearing as a rezoning, or a permit or variance application in subparagraph (2) through (6) with a higher fee, an additional fee of three hundred fifteen dollars ($315.00) shall be added to the rezoning fee set forth in subparagraph (7) or to the higher fee in subparagraph (2) through (6).

(9)

Subdivision review:

a.

Three hundred fifteen dollars ($315.00) lot split.

b.

Six hundred thirty dollars ($630.00) up to one (1) acre of land, and one hundred thirty-one dollars ($131.00) for each additional acre of land, sans dedicated public streets and open space, for preliminary plat/registered land survey.

c.

Two hundred thirty-six dollars ($236.00) final plat/registered land survey.

d.

Five hundred forty-six dollars ($546.00) for variance of subdivision regulations to be considered by the city council.

(10)

Planning commission shared parking permit: Three hundred sixty-eight dollars ($368.00).

(11)

City council interim use permit: Seven hundred thirty-five dollars ($735.00).

(12)

Zoning compliance letter, research:

a.

One hundred five dollars ($105.00) one- and two-family residential.

b.

Two hundred forty-two dollars ($242.00) all other uses.

c.

One hundred five dollars ($105.00) additional for an expedited request.

(13)

Administrative staff reviews:

a.

Three hundred seventy-three dollars ($373.00) for review of request for reasonable accommodation.

b.

Three hundred ninety-four dollars ($394.00) for review of statement of clarification.

c.

Two hundred twenty-five dollars ($225.00) for review of shared parking permit.

d.

Ninety dollars ($90.00) for review of demolition permit.

e.

One hundred ten dollars ($110.00) for review of antenna permit.

f.

One hundred twenty ($120.00) for a flood plain permit.

(14)

Historic use variance: Seven hundred thirty-five dollars ($735.00).

(15)

SFV state fair vending permit: Annual fee of one hundred twenty-six dollars ($126.00) per parcel on which vending will occur.

(16)

Wetland Conservation Act administrative determination:

a.

One hundred thirty-two dollars ($132.00) for Wetland Conservation Act exemption or no loss compliance letter.

b.

Wetland delineation review:

1.

One hundred sixty-eight dollars ($168.00) for sites less than one (1) acre.

2.

Three hundred thirty-six dollars ($336.00) for sites one (1) acre or larger.

c.

Four hundred eighty-three dollars ($483.00) for wetland fill and replacement/sequencing plan review.

(17)

Environmental review: Actual cost of review processes as determined by the planning director.

(18)

Late fee: For any application made for any development commenced without first obtaining all required permits and approvals, the fees listed above shall be doubled, to a maximum additional fee of one thousand fifty dollars ($1,050.00), to offset costs associated with investigating, processing and reviewing applications for such development.

(19)

Refunds: For a zoning case withdrawn before final approval, the zoning or planning administrator may refund part of the fee based upon the proportion of the work completed at the time of withdrawal.

(20)

Large sites: For large sites where only a portion of the site is affected by the zoning action, the zoning or planning administrator may set the fee based on the size of the affected portion of the site.

(c)

Fee for permits, approvals and accessory dwelling unit use subject to annual review condition. A holder of a conditional use permit, nonconforming use permit or variance, which the planning commission, board of zoning appeals or city council, has approved subject to annual review, shall pay to the department of safety and inspections, at the time the zoning administrator provides notice of the annual review to the permit holder, an annual review fee in the sum of sixty-three dollars ($63.00).

(C.F. No. 04-537, § 1, 6-9-04; C.F. No. 04-1111, §§ 1, 2, 1-5-05; C.F. No. 05-443, § 2, 7-15-05; C.F. No. 07-149, § 33, 3-28-07; C.F. No. 10-349, § 2, 4-28-10; Ord No. 10-55, § 1, 1-12-11; Ord 13-51, § 1, 11-13-13; Ord 15-26, § 5, 6-3-15; Ord 15-32, § 2, 7-22-15; Ord 15-27, § 1, 8-26-15; Ord 16-1, § 1, 1-27-16; Ord 16-13, § 1, 9-14-16; Ord 17-3, § 1, 2-22-17)

The planning commission (when authority has not been delegated to the planning or zoning administrator), the board of zoning appeals, and the city council upon appeal shall make no decision on a specific zoning application until after a public hearing has been conducted by the planning commission or zoning committee of the planning commission, board of zoning appeals, or city council. Notice of the time and place of any hearing shall be sent to the following: for minor variance cases, all owners of record of property within one hundred (100) feet of the premises in question; for all other cases, all owners of record of property within three hundred fifty (350) feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the most current Ramsey County property taxation records.

A site plan shall be submitted to and approved by the zoning administrator before building permits are issued for new buildings or building expansions. Building permit applications for new buildings or building expansions shall be accompanied by a site plan and building elevations drawn to scale and showing the following:

(1)

The actual shape, location and dimensions of the zoning lot.

(2)

The shape, size and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the zoning lot.

(3)

The existing and intended use of the zoning lot and of all such structures upon it, including, for residential uses, the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the zoning lot or adjoining lots as may be determined by the zoning administrator as essential for determining whether the provisions of this code are being observed.

(C.F. No. 09-1286, § 2, 12-23-09)

(a)

Plan to be submitted. A site plan must be submitted to and approved by the planning commission before a permit is issued for grading or the erection or enlargement of any building except for development of three (3) or fewer dwelling units, and including the following:

(1)

Any development of one- and two-family dwellings that exceeds two (2) acres (87,120 square feet) in total lot area.

(2)

In the TP tree preservation district, any development of one- and two-family dwellings over one (1) acre (43,560 square feet) in total lot area.

(3)

Cluster developments as defined in section 65.130.

(4)

Any development in a T or F district.

(5)

Any industrial use in an IT, I1, I2, or I3 district abutting a residential district.

(6)

Outdoor storage in industrial districts.

(7)

Any use which abuts to a major thoroughfare.

(8)

Any development on a slope of greater than twelve (12) percent.

(9)

Any development in the river corridor critical area or in the floodplain district except one- and two-family dwellings which do not affect slopes of greater than twelve (12) percent.

(10)

All off-street parking facilities except as noted in section 63.202.

(11)

Any other use or development for which site plan review is required by any provision of this code.

(12)

Earth-sheltered structures.

(13)

Detached, freestanding facilities constructed on parking facilities, including, but not limited to, kiosks, fotomats, banks and similar uses.

(14)

Any filling, excavation or tree removal that disturbs an area greater than ten thousand (10,000) square feet except the construction, installation or maintenance of public roads and public and private utilities.

(15)

Cellular telephone antennas that require a new equipment building.

(16)

Religious institution accessory micro-unit dwellings.

(b)

Site plan application:

(1)

Applications for site plan approval shall be made to the planning commission in such form as the commission may prescribe in its rules.

(2)

Said rules may provide for a delegation of authority to the zoning administrator of the city of all powers and duties granted to the planning commission under this section, and such rules will be filed with the office of the city clerk.

(3)

Application for site plan approval shall include plans with sufficient detail to demonstrate compliance with the provisions of this code, including floor plans necessary to determine compliance with parking and safety standards and elevation plans to determine compliance with design standards.

(4)

For parking facilities, the city traffic engineer or zoning administrator may require submission of a traffic impact analysis as part of the site plan application. Such an analysis shall include, but not be limited to, the following elements: trip generation, directional distribution, traffic assignment and capacity analysis.

(5)

Alley access; notice. Where a site plan application review has been delegated to the zoning administrator and notification to adjacent property owners is required in section 63.310, a notice shall be sent at least ten (10) days prior to a site plan review meeting by city staff to the applicant and owners of record of property located within three hundred fifty (350) feet of the proposed alley access. Notice shall be delivered either personally or by mail at the address of the owner contained in the records of the county department of property taxation.

(6)

Pre-application consultation. A pre-application consultation shall be held for residential, commercial, or industrial development on sites greater than ten (10) acres in area, abutting existing public parkland, without a park within a one-half (½) mile radius of the site, or within adopted station area plans to discuss parkland dedication requirements and options. Development on land that has been platted within two (2) years or for which parkland has been dedicated as part of platting shall be exempt from this requirement.

(c)

Site plan review and approval. In order to approve the site plan, the planning commission shall consider and find that the site plan is consistent with:

(1)

The city's adopted comprehensive plan and development or project plans for sub-areas of the city.

(2)

Applicable ordinances of the city.

(3)

Preservation of unique geologic, geographic or historically significant characteristics of the city and environmentally sensitive areas.

(4)

Protection of adjacent and neighboring properties through reasonable provision for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design which may have substantial effects on neighboring land uses.

(5)

The arrangement of buildings, uses and facilities of the proposed development in order to ensure abutting property and/or its occupants will not be unreasonably affected.

(6)

Creation of energy-conserving design through landscaping and location, orientation and elevation of structures.

(7)

Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets, including traffic circulation features, the locations and design of entrances and exits and parking areas within the site.

(8)

The satisfactory availability and capacity of storm and sanitary sewers, including solutions to any drainage problems in the area of the development.

(9)

Sufficient landscaping, fences, walls and parking necessary to meet the above objectives.

(10)

Site accessibility in accordance with the provisions of the Americans with Disabilities Act (ADA), including parking spaces, passenger loading zones and accessible routes.

(11)

Provision for erosion and sediment control as specified in the Minnesota Pollution Control Agency's "Manual for Protecting Water Quality in Urban Areas."

(d)

Compliance and time requirements. The planning commission may make such requirements with respect to the above matters as to ensure compliance with them. When changes are required, the revised site plan shall be submitted within six (6) months from the date the applicant was notified of required changes. The zoning administrator may grant extensions. The property must be brought into compliance with the approved site plan within one year of the date of approval or as otherwise specified by the zoning administrator.

(e)

Security agreement. The zoning administrator may require the applicant to file a security agreement in the form of an irrevocable letter of credit, a performance bond, or cash escrow equal to the estimated cost, as determined by the zoning administrator, to install required landscaping, paving, screening, erosion and sediment control or items required by special condition. Such security agreement shall be filed with the zoning administrator within one (1) year from the date the applicant was notified of the intent to approve the site plan unless the zoning administrator, upon written request of the applicant, grants an extension not to exceed one (1) year.

Upon completion of the work items covered by the security agreement, the owner shall apply to the zoning administrator for final inspection. If the zoning administrator finds that all installations meet the requirements of approved plans and specifications, the security agreement shall be released. However, a security agreement for landscaping shall be effective and held for one (1) year after completion of the work in order to ensure that such landscaping survives.

If improvements covered by the security agreement are not completed within the established time limit, the city may proceed to require performance by the surety, or complete such installation by contract or force account and seek reimbursement of its costs from the security agreement. If seasonal weather conditions or phasing of construction present practical difficulties in the installation or completion of landscaping, paving, screening or any required item, written extension of the time limit for completion, not to exceed six (6) months, may be granted by the zoning administrator.

(f)

Certificate of occupancy. Certificate of occupancy shall not be issued until all items required for site plan approval are completed or an agreement has been made under paragraph (e) above. When a site plan is required by this code, a certificate of occupancy shall be renewed only if the use is in conformance with that site plan and all conditions of this code.

(C.F. No. 09-1286, § 2, 12-23-09; C.F. No. 10-349, § 2, 4-28-10; Ord 15-32, § 2, 7-22-15; Ord 15-27, § 1, 8-26-15; Ord 19-54, § 1, 9-11-19; Ord. 21-27, § 1, 8-18-21; Ord 23-43, § 2, 10-18-23; Ord 23-57, § 1, 12-13-23)

Before the planning commission may grant approval of a conditional use, the commission shall find that:

(a)

The extent, location and intensity of the use will be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council.

(b)

The use will provide adequate ingress and egress to minimize traffic congestion in the public streets.

(c)

The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare.

(d)

The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(e)

The use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

The planning commission, after public hearing, may modify any or all conditions, when strict application of such conditions would unreasonably limit or prevent otherwise lawful use of a piece of property or an existing structure and would result in undue hardship to the owner of such property or structure; provided, that such modification will not impair the intent and purpose of such conditions and is consistent with health, morals and general welfare of the community and is consistent with reasonable enjoyment of adjacent property.

(Ord 25-34, § 3, 7-16-25)

A change to a conditional use requires a new permit when one (1) of the following conditions occurs:

(a)

A conditional use changes from one (1) conditional use to another conditional use.

(b)

The floor area of a conditional use expands by fifty (50) percent or more. For a conditional use existing on October 25, 1975, expansion is the sum of the floor area of all the expansions since then. For a conditional use established after October 25, 1975, expansion is the sum of the floor area of all the expansions since being established. Floor area does not include floor area which is accessory to a principal use and which does not result in the expansion of a principal use.

(c)

For a conditional use permit triggered by floor area, the floor area expands to be larger than the floor area that triggers the requirement for a conditional use permit for the first time; or if already larger than the floor area that triggers the requirement for a conditional use permit, the floor area expands by ten (10) percent or more.

(d)

The building containing a conditional use is torn down and a new building is constructed, even if the new building contains the same or less floor area.

(e)

The principal use of a conditional use expands onto an abutting lot, such as a used car lot or a fast food restaurant building addition expanding onto an abutting lot.

(f)

The number of residents in a congregate living facility increases.

(g)

A college, university or seminary adds a school building or an off-street parking facility for its exclusive use outside of its approved campus boundary.

(C.F. No. 10-349, § 2, 4-28-10; Ord 15-32, § 2, 7-22-15; Ord 16-5, § 1, 4-13-16)

A change to a conditional use does not require a new permit but does require approval of a site plan when one (1) of the following conditions occurs:

(a)

The floor area of a conditional use expands by less than fifty (50) percent. For a conditional use existing on October 25, 1975, expansion is the sum of the floor area of all the expansions since then. For a conditional use established after October 25, 1975, expansion is the sum of the floor area of all the expansions since being established. Floor area does not include floor area which is accessory to a principal use and which does not result in the expansion of a principal use.

(b)

An accessory use of a conditional use expands onto an abutting lot, such as a bowling alley's off-street parking lot expanding onto an abutting lot.

(c)

Off-street parking spaces are added in a parking lot, garage or ramp on the site of a conditional use.

(d)

An accessory structure is added to the site, such as a building to store salvaged motor vehicle parts being constructed on the site of a motor vehicle salvage operation.

(e)

A college, university or seminary adds a school building or an off-street parking facility within its approved campus boundary.

Unless expressly provided by the planning commission, when a use requiring a conditional use permit is discontinued or ceases to exist for a continuous period of one (1) year, or when a conditional use changes to a permitted use not requiring a conditional use permit, the conditional use permit shall automatically expire. Except for conditional use permits for a college, university, seminary, or similar institution of higher learning if the lot area of a conditional use is subsequently reduced in size, unless the reduction results from acquisition by governmental agencies for public improvements or uses, the conditional use permit shall automatically expire. If a conditional use becomes nonconforming and subsequently is discontinued or ceases to exist for a continuous period of one (1) year, the conditional use permit shall automatically expire. When an approved conditional use is not established in accordance with section 61.105, or is established and subsequently changed to a conditional use requiring a new permit under section 61.503, the conditional use permit shall automatically expire.

(C.F. No. 07-348, § 1, 5-9-07; Ord 15-32, § 2, 7-22-15)

The board of zoning appeals and the planning commission shall have the power to grant variances from the strict enforcement of the provisions of this code upon a finding that:

(a)

The variance is in harmony with the general purposes and intent of the zoning code.

(b)

The variance is consistent with the comprehensive plan.

(c)

The applicant has established that there are practical difficulties in complying with the provision, that the property owner proposes to use the property in a reasonable manner not permitted by the provision. Economic considerations alone do not constitute practical difficulties.

(d)

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

(e)

The variance will not permit any use that is not allowed in the zoning district where the affected land is located.

(f)

The variance will not alter the essential character of the surrounding area.

(g)

The application for a historic use variance under title IX, city planning, at section 73.03.1 of this Code, as authorized by Minn. Stats. § 471.193, subd. 3(6), shall be granted only to a property that is a locally designated heritage preservation site and the use variance is the minimum needed to enable the property to be used in a manner that will have the least impact upon its historic character and the character of the surrounding area.

In granting a variance, the board or commission shall make written findings stating the grounds upon which the variance is justified. Inadequate access to direct sunlight for solar energy systems constitutes a practical difficulty in finding (c) above.

(C.F. No. 10-349, § 2, 4-28-10; Ord 15-26, § 4, 6-3-15; Ord 15-32, § 2, 7-22-15)

(a)

The board of zoning appeals shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the zoning administrator in carrying out or enforcing any provision of this code.

(b)

The grant or denial of approval by the planning or zoning administrator of site plans, permits, similar use determinations or other matters that the planning commission has, by rule, delegated to the planning or zoning administrator is subject to appeal to the planning commission.

(c)

An appeal may be taken by any person, firm or corporation, or by any office, department, board or bureau affected by a decision of the planning or zoning administrator within ten (10) days after the date of the decision. The appeal shall specify the grounds of the appeal. The planning or zoning administrator shall forthwith transmit to the board or commission all of the papers constituting the record upon which the action appealed from was taken. An administrative appeal shall stay all proceedings, including criminal proceedings, in furtherance of the action appealed from unless the zoning administrator certifies to the board or commission, after notice of appeal has been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by a court of competent jurisdiction.

(C.F. No. 04-537, § 1, 6-9-04; C.F. No. 10-349, § 2, 4-28-10)

(a)

The city council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure or finding made by the board of zoning appeals or the planning commission. An appeal may be taken to the city council by any person, firm or corporation or by any office, department, board or bureau affected by a decision of the board of zoning appeals or planning commission. Such appeal shall be taken within ten (10) days after the date of the decision appealed from and shall specify the grounds for the appeal. Appeals of decisions by the board of zoning appeals shall be filed with the zoning administrator; appeals of decisions by the planning commission shall be filed with the planning administrator, except that appeals of decisions by the planning commission on site plan review shall be filed with the zoning administrator.

(b)

The city council shall conduct a hearing on the appeal, shall give due notice of the hearing to all interested parties as required under section 61.303, and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(C.F. No. 04-537, § 1, 6-9-04; C.F. No. 07-149, § 34, 3-28-07; C.F. No. 10-349, § 2, 4-28-10)

Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shall cease pending a final decision on the appeal.

In exercising the above powers, the city council, planning commission, or board of zoning appeals may reverse or affirm, wholly or partly, or may modify the orders, requirements, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made. To that end, the board of zoning appeals shall have all the powers of the zoning administrator, and the city council shall have all the powers of either the board of zoning appeals or the planning commission. All final decisions, orders, requirements or determinations by the board of zoning appeals, planning commission, and/or city council shall be in the form of a written resolution. The city council shall serve a copy of the resolution upon the appellant and/or the owner of the affected property, zoning administrator, planning commission and board of zoning appeals by mail or personal service. The board of zoning appeals or planning commission shall serve a copy of the resolution upon the appellant and/or owner of the affected property, the zoning administrator and the planning administrator. Decisions of the city council on all matters within its jurisdiction shall be final subject only to judicial review by a court of competent jurisdiction.

(C.F. No. 10-349, § 2, 4-28-10)

(a)

The council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes section 462.357 and amendments thereto as may be made from time to time. The city council shall provide for an adequate review and reevaluation of this code at least every five (5) years from the time of adoption of this code. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed.

(b)

Except as provided for in section 66.802, an amendment to the zoning code may be initiated by the council, the planning commission or by application of the owners of sixty-seven (67) percent of the area of the property to be rezoned.

(c)

When a petition is required to be filed pursuant to this section or by state law to effectuate or consent to the rezoning of any particular piece of property, it shall not be considered as officially filed with the planning administrator until the lapse of seven (7) working days after a petition is received in the office of the planning administrator. During the seven-day waiting period, any signator of any petition may withdraw his name therefrom by written request, and such request shall be appended to the subject petition and made a part thereof. Each petition and applicable requests for withdrawal of a signator's name shall be considered in determining the sufficiency of the petition, and the jurisdiction of any city department and the council regarding any petition shall not be considered established until the petition has been found to be sufficient.

A petition amending, supplementing or changing district boundaries, once denied by council, shall not be resubmitted for recommendation or action within one (1) year from date of denial.

Uses that were permitted to be established and structures that were permitted to be constructed before amendments to this zoning code but are no longer permitted by the amendments may be established or constructed, provided that they meet the following conditions:

(a)

For uses and structures that need zoning permits or approvals to be established or constructed, prior to the effective date of the amendments, applications for all required zoning permits and approvals shall have been filed and accepted as complete for meeting all requirements of section 61.301 and section 61.302, or the uses and structures shall have received all required zoning permits and approvals.

(b)

For uses and structures that need building permits to be established or constructed, prior to the effective date of the amendments, valid building permit applications shall have been made or valid building permits shall have been issued for the establishment of the uses or for the construction of the structures.

If the construction needed to establish the uses or the construction of the structures has not begun within six (6) months of the issuance of the building permits, the uses or structures may not thereafter be established or constructed. For the purpose of this section demolition preparatory to construction shall be considered construction.

Uses not needing zoning permits or approvals and not needing building permits must be established before the effective date of the amendments.

This section shall not apply to interim ordinances adopted in accordance with Minnesota Statutes, chapter 462.355, subdivision 4.

(C.F. No. 10-349, § 2, 4-28-10)

Any person, firm or corporation violating any of the provisions of this code shall be guilty of a misdemeanor. In addition, the owner or lessee of any building, structure or premises or part thereof, where any condition in violation of this code shall exist or be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense, and upon conviction thereof shall be guilty of a misdemeanor.

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of adoption of this code and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

The owner of any building, structure or premises or part thereof, where any condition in violation of this code shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense, and upon conviction thereof shall be liable to the fines and imprisonment herein provided.

A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.