The City Council shall appoint a Zoning Administrator, whose responsibilities shall be as follows:

   A.   Issue zoning permits, and make and maintain records thereof.

   B.   Conduct inspections of buildings and use of land to determine compliance with the terms of this title.

   C.   Maintain permanent and current records of this title, including but not limited to all maps, amendments and conditional uses, variances, appeals, and applications therefor.

   D.   Institute in the name of the City, any appropriate actions or proceedings against a violator as provided for in this title. (Ord. 15, 2nd Series, 2-26-1992)

   A.   Appointments: The City Council is hereby appointed as the Board of Adjustment and Appeals. The Chair (or other appointed fill-in) of the Planning and Zoning Commission and the Zoning Administrator are hereby appointed as nonvoting advisory members.

   B.   Duties: The Board of Adjustment and Appeals has the following powers and duties with respect to this title:

      1.   To hear and decide appeals 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 title.

      2.   To hear requests for variances from provisions of this title. (Ord. 15, 2nd Series, 2-26-1992)

   A.   The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.

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

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

   D.   Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this title.

   E.   Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties.

   F.   A variance may not be granted for any use that is not permitted under this title for property in the zone where the affected person's land is located.

   G.   Undue hardship, as used in connection with the granting of a variance, includes direct sunlight for solar energy systems. (Ord. 15, 2nd Series, 2-26-1992)

The procedure for taking action on a variance or an appeal shall be as follows:

   A.   Filing Of Application: An application for a variance or an appeal of the requirement, decision, or determination of an Administrative Officer shall be filed with the City Clerk stating the peculiar difficulties claimed. A map or drawing may be required to be part of the findings and records.

   B.   Request Referred: The request shall be referred to the Board of Adjustment and Appeals for consideration and public hearing.

   C.   Notice Of Hearing: The Board of Adjustment and Appeals shall cause to be published, a notice of public hearing, in the official newspaper at least ten (10) days prior to the date of the hearing.

   D.   Notification Of Property Owners: The Board of Adjustment and Appeals shall cause the adjoining property owners to the site of the proposal, and the Minnesota Department of Natural Resources if in the Shoreland Zone, to be notified by letter at least ten (10) days prior to the date of the hearing.

   E.   Public Hearing; Decision: The Board of Adjustment and Appeals shall hold the public hearing and 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. A copy of the order shall also be sent to the Minnesota Department of Natural Resources within ten (10) days of final action if in Shoreland Zone.

   F.   Decision Final: The decisions of the Board of Adjustment and Appeals are final subject to judicial review in the District Court.

   G.   Record Kept: The Board of Adjustment and Appeals 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.

   H.   Variance Filed: A certified copy of a variance granted, including the legal description of the property involved, shall be filed with the County Recorder of the County in which the Municipality is located. (Ord. 15, 2nd Series, 2-26-1992)

   A.   Commission Established: As set forth in the City Charter:

   B.   Duties:

      1.   Engage in land use planning activities.

      2.   Prepare and recommend action on this title.

      3.   Review and recommend action on all requests for amendments to this title and conditional use permits.

      4.   Hold public hearings on the above.

      5.   Review zoning permits. (Ord. 15, 2nd Series, 2-26-1992)

   A.   Specific Criteria; Immediate Property: A conditional use listed in this title may be permitted, enlarged or altered in accordance with the standards and conditions of this title. Also, no conditional use shall be permitted unless the City Council shall find:

      1.   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.

      2.   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.

      3.   That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

      4.   That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

      5.   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 such a manner that no disturbance to neighboring properties will result.

      6.   That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use.

      7.   The demonstrated need for the proposed use.

      8.   The proposed use is in compliance with any Land Use Plan adopted by the City.

      9.   Proof of compliance with applicable State Codes and regulations and any inspections connected therewith. Examples include, but are not limited to the following: the Minnesota Department of Health regulates food services and campgrounds, lodging facilities have State safety regulations, day care services have State license requirements and there is a State Electrical Code.

   B.   General Criteria; Surrounding Property: In addition to those standards and requirements expressly specified by this title, additional conditions considered necessary to protect the best interests of the surrounding area or the City as a whole, may be imposed. The conditions may include but are not limited to the following:

      1.   Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

      2.   Off-street parking and loading areas where required with particular attention to the items in subsection B1 of this section and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the area;

      3.   Refuse and service areas, with particular reference to the items in subsections B1 and B2 of this section;

      4.   Utilities, with reference to locations, availability and compatibility;

      5.   Screening and buffering with reference to type, dimensions, and character;

      6.   Signs if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

      7.   Required yards and other open space;

      8.   General compatibility with adjacent properties and other property in the area. (Ord. 15, 2nd Series, 2-26-1992)

The procedure for taking action on a conditional use application shall be as follows:

   A.   Application Filed: An application for a conditional use permit shall be filed with the City Clerk.

   B.   Site Plan: The application shall be accompanied by a site plan of the proposed use showing such information as may be necessary or desirable, including, but not limited to, the following:

      1.   Site plan drawn to scale showing parcel and building dimensions,

      2.   Location of all buildings and their square footages,

      3.   Curb cuts, driveways, access roads, parking spaces and off-street loading areas,

      4.   Existing topography,

      5.   Finished grading and drainage plan,

      6.   Sanitary sewer and water plan with estimated use per day,

      7.   Soil type or soil limitations for the intended use,

      8.   A map showing all principal land use within two hundred fifty feet (250').

   C.   City Council To Study: The application and related file shall be referred to the City Council for study concerning the effect of the proposed use on the Land Use Plan and on the character and development of the neighborhood.

   D.   Public Hearing: The City Council shall cause to be published a notice of public hearing, in the official newspaper at least ten (10) days prior to the date of hearing.

   E.   Notice: The City Council shall cause all property owners within three hundred fifty feet (350') of the site of the proposal, and the Minnesota Department of Natural Resources if in Shoreland Zone, to be notified by letter notice at least ten (10) days prior to the date of the hearing.

   F.   Decision: The City Council shall hold the public hearing, and 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. A copy of the order shall also be sent to Minnesota Department of Natural Resources within ten (10) days of final action if in the Shoreland Zone.

   G.   Compliance Required: Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. Noncompliance could result in termination of the conditional use permit.

   H.   Validity: A conditional use permit issued hereunder shall become void one year after it was granted unless made use of.

   I.   Status Amendment: A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing shall prevent the City from enacting or amending this title to change the status of conditional uses.

   J.   Filed With County: A certified copy of any conditional use permit shall be filed with the County Recorder of the County in which the City is located for record. The conditional use permit shall include the legal description of the property included. (Ord. 15, 2nd Series, 2-26-1992)

An amendment to the text of this title or to a zone boundary may be initiated by the City Council, the City Planning and Zoning Commission, or by petition of an affected property owner. A petition by a property owner shall be filed with the City Clerk. (Ord. 15, 2nd Series, 2-26-1992)

The procedure for taking action on an amendment to this title shall be as follows:

   A.   Notice: All petitions for taking action on an amendment to this title shall be as follows:

      1.   The City Council shall cause to be published a notice of public hearing in the official newspaper at least ten (10) days prior to the date of the hearing. When the petition involves changes in zone boundaries affecting an area of five (5) acres or less, a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within three hundred fifty feet (350') of the property to which the petition relates.

      2.   Notice of all proposed amendments in the Shoreland Zone shall be mailed at least ten (10) days before the hearing to the Minnesota Department of Natural Resources.

      3.   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 was made to comply.

   B.   Public Hearing: The City Council shall hold the public hearing and make a decision within sixty (60) days from the date of the hearings.

   C.   Amendments Following Denial: No petition of a property owner for an amendment to this title shall be considered by the City within the one year period immediately following a previous denial of such request, except the City may consider a new petition if in the opinion of the Planning and Zoning Commission new evidence or a change of circumstances warrant it.

   D.   Notification To State: Notice of the final amendments shall be mailed to the Minnesota Department of Natural Resources within ten (10) days of the decision if the site is in the Shoreland Zone. (Ord. 15, 2nd Series, 2-26-1992)