(A)   Administrating Officer. This chapter shall be administered and enforced by the Zoning Official who shall be appointed by the City Council.

   (B)   Duties of the Zoning Official. The Zoning Official shall enforce this chapter through the proper legal channels and in addition therefore and in furtherance of the authority he or she shall:

      (1)   Determine that all zoning permits comply with the terms of this chapter;

      (2)   Issue zoning permits for any use, structure or building after determination of above;

      (3)   Maintain permanent and current records of this chapter, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefore;

      (4)   Receive, file and forward all applications for appeals, variances, conditional uses and other matters to the designated official bodies; and

      (5)   Notify in writing any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary for correction.

(Prior Code, § 18.116)

   (A)   Procedure.

      (1)   Requests for amendments/rezoning or conditional use permits, as provided within this chapter, shall be filed with the Zoning Official on an official application form.

         (a)   The application shall be accompanied by a fee as outlined in § 152.44 below.

         (b)   This fee shall not be refunded.

         (c)   The application shall also be accompanied by 10 copies of detailed written and graphic materials fully explaining the proposed change, development or use and providing information as is necessary to show compliance with this chapter, including but not limited to:

            1.   Description of site (legal description);

            2.   Site plan drawn at scale showing parcel and building dimensions;

            3.   Location of all buildings and their square footage;

            4.   Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;

            5.   Landscaping and screening plans;

            6.   Drainage plan; and

            7.   Sanitary sewer and water plan with estimated use per day.

         (d)   The Zoning Official shall refer the application, along with all related information, to the City Planning Commission for consideration and a report and recommendation to the City Council.

      (2)   The Planning Commission shall hear the request at its next regular meeting.

      (3)   The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.

      (4)   The amendment or conditional use application may be referred to the city staff for a report and recommendation to be presented to the Commission. The city staff’s report and recommendations shall be given to the City Planning Commission at the meeting at which the application is to be considered. The report and recommendations of the city, staff are to be entered in and made part oil the permanent written record of the Planning Commission meeting.

      (5)   The Planning Commission shall consider possible adverse affects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors:

         (a)   Relationship to adopted municipal plans;

         (b)   The geographical area involved;

         (c)   Whether the use will tend to or actually depreciate the area in which it is proposed;

         (d)   The character of the surrounding area; and

         (e)   The demonstrated need for the use.

      (6)   The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

      (7)   The Planning Commission shall set a date for a public hearing. Notice of the hearing shall be published in conformance with the state law and individual notices, if it is a district change or conditional use permit request, shall be mailed not less than 10 days nor more than 30 days prior to the hearing to all owners of property, according to the Murray County assessment records, within 350 feet of the parcel included in the request.

      (8)   Failure of the property owner to receive the notice shall not invalidate any like proceedings as set forth within this chapter.

      (9)   The Planning Commission shall make a finding of fact and recommend actions or conditions relating to the request, as they deem necessary, to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by the resort and recommendation of the city staff. No conditional use shall be recommended by the Planning Commission unless the Commission shall find:

         (a)   That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;

         (b)   That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area;

         (c)   That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

         (d)   That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

         (e)   That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in a manner so that no disturbance to neighboring properties will result;

         (f)   That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use;

         (g)   The demonstrated need for the proposed use; and

         (h)   The proposed use is in compliance with the city land use plan.

      (10)   The City Council shall not grant a conditional use permit or amendment/rezoning request until they have received a report and recommendation from the Planning Commission and the city staff or until 60 days after the first regular Planning Commission meeting at which the request was considered.

      (11)   (a)   Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall place the report and recommendation on the agenda for the next regular meeting.

         (b)   The reports and recommendation shall be entered in and made part of the permanent written record of the City Council meeting.

      (12)   Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and shall impose any condition it considers necessary to protect the public health, safety and welfare.

      (13)   Approval of a request shall require passage by a 4/5 vote of the full City Council.

      (14)   The Zoning Official shall notify the applicant of the Council’s decision in writing.

   (B)   Amendments; initiation.

      (1)   The City Council or Planning Commission may, upon their own motion initiate a request to amend the text or the district boundaries of this chapter.

      (2)   Any person, owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect the real estate.

   (C)   Conditional use permit.

      (1)   Purpose.

         (a)   The purpose of a conditional use permit is to provide the City of Slayton with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety.

         (b)   In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

      (2)   Reconsideration. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for a least 6 months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider the matter is made by not less than 4/5 vote of the full City Council.

      (3)   Lapse of conditional use permit by non-use.

         (a)   Whenever within 1 year after granting a conditional use permit, the work as permitted by the permit shall not have commenced, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council.

         (b)   The extension shall be requested in writing and filed with the City Clerk/Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition.

         (c)   The request for extension shall state facts showing a good faith attempt to complete the work permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

      (4)   Performance bond. The City Council may require a performance bond where appropriate.

         (a)   Except in the case of non-income producing residential property, upon approval of a conditional use permit the city shall be provided with a surety, bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the code book of the city.

         (b)   The security shall be in the amount of the Zoning Official’s estimated costs of labor and materials for the proposed improvements of development. The project can be handled in stages upon the discretion of the Zoning Official.

         (c)   The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the Zoning Official.

         (d)   Failure to comply with the conditions of the conditional use permit and/or the ordinances of the city shall result in forfeiture of the security.

      (5)   Compliance. Any use permitted under the terms of conditional use permit shall be established and conducted in conformity to the terms of the permits and of any conditions designated in connection therewith.

      (6)   Recording. A certified copy of any conditional use permit shall be filed with the Murray County Recorder. The conditional use permit shall include the legal description of the property involved.

   (D)   Amendments/rezoning.

      (1)   Adoption. If a request for an amendment or zone change is approved by the City Council, the City Attorney shall then prepare a proper resolution to be adopted by the Council in the same manner as other governmental action. Following adoption, the Zoning Official shall make the appropriate map and/or text change.

      (2)   Reconsideration. If the request for an amendment is denied, no petition for the same amendment shall be considered for at least 6 months.

      (3)   Appeal of decision. The decision of the City Council shall not be final. Any person having an interest affected by the decision of the Council shall have the right to appeal to the District Court within 90 days of the date of the Council action.

(Prior Code, § 18.117)

   (A)   A Board of Adjustment, hereinafter referred to as the Board, is hereby established. The City Planning Commission shall act as the Board. The members of the Board shall serve without compensation, except that they shall be paid for necessary expenses in the conduct of the business of the Board.

   (B)   All reports and recommendations to the Board of Adjustment from the city staff shall be entered in and made part of the permanent written record of the Board’s meeting.

   (C)   (1)   In considering all requests for a variance or appeal, and in taking subsequent action, the Board of Adjustment shall make a finding of fact that the proposed action will not:

         (a)   Impair an adequate supply of light and air to adjacent property;

         (b)   Unreasonably increase the congestion in the public street;

         (c)   Increase the damage of fire or endanger the public safety; or

         (d)   Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter.

      (2)   No variance from the terms of the Zoning Code shall be authorized unless all of the following facts and conditions are considered.

         (a)   Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of property, that do not apply generally to other properties or classes of uses in the same zoning district.

         (b)   Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.

         (c)   Preservation of property rights. That the variance is necessary for the preservation and enjoyment by the owner of the property in question of similar and substantial property rights possessed by the owners of other properties in the same zoning, district and in the same vicinity.

         (d)   Absence of detriment. That the authorization of the variance will not be of substantial detriment to adjacent property and will be in keeping with the spirit and intent of the Zoning Code and the public interest.

         (e)   General nature. That the condition, situation or intended use of the subject property, is not so general or recurrent in nature as to make it reasonably practicable to formulate a general regulation to cover those cases.

   (D)   (1)   The Board of Adjustment shall, after receiving the reports and recommendations of the city staff, make a finding of fact and decide upon requests for a variance by approving or denying the same, in part or in whole, where it is alleged by the applicant that a non-economic hardship in the reasonable use of a specific parcel of property exists.

      (2)   A hardship may exist whereby some reason of narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record upon the effective date of this chapter or that by reason of exceptional topographic or water conditions of a specific parcel of land or lot, the strict application of the terms of this chapter would result in exceptional difficulties when utilizing the parcel or lot in a manner customary and legally permissible within the district in which the lot or parcel is located.

      (3)   Should the Board find that the conditions outlined here to fore apply to the proposed lot or parcel, the Board may grant a variance from the strict application of this chapter so as to relieve the difficulties or hardships to the degree considered reasonable, provided the relief may be granted without impairing the intent of this chapter.

   (E)   Appeals to the Board shall be filed with the Zoning Official, who shall thereupon notify the Chairperson of the Board of Adjustment. However, the appeal shall be filed no later than 60 days after the applicant has received a written notice from the Zoning Official or the appeal shall be considered void.

   (F)   Procedures:

      (1)   Requests for variance or appeal shall be filed with the Zoning Official. The application shall be accompanied by a fee as outlined in § 152.44 below. This fee shall not be refunded. The application shall also be accompanied by 10 copies of detailed written and graphic materials necessary for the explanation of the request;

      (2)   Upon receiving the application, the Zoning Official shall refer the application, along with all related information, to the Board of Adjustment;

      (3)   The Board shall consider the variance or appeal at its next regular meeting;

      (4)   The request may be referred to the city staff for a report and recommendation to be presented to the Board. The recommendation of the city staff is to be entered in and made part of the permanent written record of the Board meeting;

      (5)   The Board shall hold a public hearing at the next meeting following the regular meeting at which the request was first considered and upon receipt of the city staff’s report and recommendation shall make a finding of fact and decide to recommend approval or denial of the request. The Board shall reach a decision within 60 days after the first regular meeting at which the variance or appeal request was considered;

      (6)   The Board shall hear the persons as wish to be heard, either in person or by agent or attorney. Notice of any hearing shall be mailed not less than 10 days before request, to all owners of property according to the Murray County Assessment records within 350 feet of the property to which the variance relates;

      (7)   Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter;

      (8)   A variance of this chapter or grant of an appeal shall be by majority vote of the Board of Adjustment; and

      (9)   The Zoning Official shall notify the originator of the variance request or appeal of the Board of Adjustment’s decision in writing.

   (G)   Whenever within 1 year after granting a variance or appeal the work as permitted by the variance or appeal shall not have commenced, then the variance or appeal shall become null and void.

   (H)   The City Council may require a performance bond where appropriate:

      (1)   Except in the case on non-income producing residential property, upon approval of a variance or appeal the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the variance of appeal and the ordinances of the city;

      (2)   The security shall be in the amount of the Zoning Official’s estimated costs of labor and materials for the proposed improvements of development;

      (3)   The city shall hold the security until completion of the proposed improvements or development and certificate of occupancy indicating compliance with the variance or appeal and ordinances of the city has been issued by the Zoning Official; and

      (4)   Failure to comply with the conditions of the variance or appeal and/or ordinances of the city shall result in forfeiture of the security.

   (I)   (1)   The Board of Adjustment shall always act with due consideration to: promoting the public health safety, convenience and welfare, assure that the proposal is consistent with the intent and purpose of this chapter, ensure a density of land use no higher than otherwise required in this chapter for the zoning district the premises lie within, assure that it will not impede the orderly development and improvement of surrounding property for uses predominant in the area and assure that the location and character of the proposed development is consistent with the desirable pattern of development for the locality in general and the zoning district in particular.

   (A)   Establishment of the Planning Commission. A City Planning Commission for the City of Slayton is hereby established.

   (B)   Composition.

      (1)   The Planning Commission shall consist of 7 members who shall be appointed by the Mayor with the approval of a majority of the Slayton City Council.

      (2)   The Deputy Clerk, Zoning Official and City Attorney shall serve as ex-officio members.

      (3)   Each member of the Planning Commission shall be appointed for a term of 1 year or until his or her successor shall take office.

      (4)   During the first City Council meeting in January of each year hereafter, or as soon thereafter as the City Council shall meet, the City Council of Slayton shall make appointments for 1 year terms of office to reappoint or replace members whose terms have expired.

      (5)   At any time, the Mayor or City Council may appoint members to serve for the unexpired term of office.

      (6)   Unexcused absence from 3 consecutive regular meetings of the Planning Commission shall constitute grounds for dismissal of the member by order of the Chairperson of the Planning Commission.

   (C)   Organization.

      (1)   The officers of the Planning Commission shall be elected by the members of the Planning Commission at the first regular Commission meeting of each year.

      (2)   Notice of a meeting for the election of officers shall be given the members of the Planning Commission at least 7 days prior to the meeting and election.

      (3)   The officers shall consist of a Chairperson, Vice-Chairperson and other offices as the Commission may create.

      (4)   The City Clerk/Administrator shall serve as the Secretary of the Commission.

      (5)   The Chairperson shall preside at all meetings and hearings of the Planning Commission and shall have the duties normally offered by parliamentary usage of the officers, as well as any other duties specified within this chapter.

      (6)   The Vice-Chairperson shall act for the Chairperson in his or her absence.

      (7)   Members of the Planning Commission in attendance may choose a Chairperson for the meeting or hearing if the Chairperson and Vice-Chairperson are both absent.

      (8)   The City Clerk/Administrator shall preside for the election.

      (9)   Nominations for officers shall be made from the floor. Each nominee for office who receives a majority of votes cast shall be declared elected and shall serve until the following January election or until his or her successor shall take office.

      (10)   Vacancies in offices of the Planning Commission shall be filled immediately by the same procedures.

   (D)   Meetings and procedure.

      (1)   The Planning Commission shall schedule not less than 1 regular meeting in each calendar month on a regular schedule.

      (2)   Meetings shall be held as deemed necessary by the Chairperson of the Planning Commission and/or Zoning Official.

      (3)   Special meetings maybe held as provided for herein.

      (4)   The Planning Commission shall set the meeting times for all regular meetings.

      (5)   Special meetings may be called by the Chairperson on 3-days’ written notice mailed to each member.

      (6)   A quorum for any meeting or hearing of the Planning Commission shall be a majority of the appointed members of the Planning Commission.

      (7)   All meetings of the Slayton Planning Commission shall be held in the Slayton City Hall, and shall be open to the public.

      (8)   The Planning Commission may set rules and procedures as are necessary for the orderly conduct of its business and shall keep record of its resolutions, transactions and findings, which record shall be a public record.

      (9)   Rules and procedures not otherwise adopted or not covered by applicable law shall be governed by Robert’s Rules of Order, and revised as may be necessary for the proper conduct of the business of the Planning Commission.

   (E)   Compensation and expenses. The members of the Planning Commission may receive compensation for per diem and expenses as may be allowed by the Slayton City Council.

   (F)   Powers and duties. The Planning Commission shall be the planning agency and shall have the powers and duties as allowed by M.S. §§ 462.351 to 462.364, as they may be amended from time to time, and as allowed by ordinance of the City of Slayton including the specific duties as stated in this chapter.

   (G)   Recording Secretary. All testimony at any hearing held by the Planning Commission shall be recorded or transcribed by the Secretary.

(Prior Code, § 18.119)

   (A)   To defray administrative costs of processing of applications for zoning permits a base fee as set out in § 33.15 per application shall be paid by all applicants at the time the application is submitted and is not refundable unless the application is withdrawn before the processing of the application has begun.

   (B)   To defray administrative costs of processing of requests for conditional uses, amendments, variances or appeals a base fee as set out in § 33.15 per application shall be paid by all applicants. Fees shall be payable at the time applications are filed with the Zoning Official and are not refundable unless application is withdrawn prior to referral to the Planning Commission.

   (C)   In order to defray the additional cost of processing applications (zoning, amendment, conditional use, variance, appeal) for developments, all applicants shall pay the total costs of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for the request.

      (1)   MATERIALS shall include, but not be limited to, maps, graphs, charts, drawings and the like and all printing or reproduction of same.

      (2)   STAFF AND/OR CONSULTING TIME shall include any time spent in either researching for or actual production of materials.

      (3)   The hourly rate for staff and/or consulting time shall be established and made available to the applicant by the City Clerk/Administrator prior to production of any materials and the applicant shall be given a reasonable estimate of project time and/or materials costs.

      (4)   A deposit to cover staff or consulting time and special materials will be established and required by the Zoning Official at the time the base fee is paid.

(Prior Code, § 18.121)