(a)

Establishment, appointment, facilities. It shall be the duty of the zoning administrator or such other person as may be designated by the city council to enforce the provisions of this chapter.

(b)

Duties. The duties of the person or persons enforcing the provisions of this chapter shall be as designated by the city council, and may include the following:

(1)

To administer and enforce the provisions of this chapter.

(2)

To issue such permits as called for by the provisions of this chapter and as required by the city council.

(3)

To issue certificates of occupancy.

(4)

To keep and maintain a permanent record of this chapter, to enter upon such record all amendments thereof, to provide for public inspection of the record at all times, and, pursuant to the determination of the city council, to provide for the distribution or sale thereof.

(5)

To keep secure the official land use maps and the official zoning map and to make amendments thereof or additions thereto upon adoption thereof, to provide for public inspection thereof during official business hours of the city, and, pursuant to the determination of the city council, to provide for the distribution or sale thereof.

(6)

To maintain all city plans (comprehensive municipal plan) as they relate to zoning in an up-to-date condition.

(7)

Reserved.

(8)

To assign conditional and other permit numbers to all land uses in the city which are automatically granted such permits upon enactment of this chapter; this may be done at such time as existing land uses change, alter, expand, construct, move, or otherwise require an amendment due to change following enactment of this chapter.

(9)

To prepare and submit or arrange for submittal to the city council forms for applications for building permits, variances, conditional use permits, appeals, certificates of occupancy, and such permits as shall be determined by the city council.

(10)

To maintain records of all permits issued, appeals, variances, conditional use permits, and the disposition thereof.

(11)

To receive, file, and forward to the respective official bodies applications for variances, rezonings, conditional use permits, and appeals.

(12)

To arrange for publication and attend to the services of all notices required under the provisions of this chapter.

(13)

To refer to the city attorney all violations of this chapter which cannot be handled administratively.

(14)

To ensure that all permits comply with the terms of this chapter and conditions as imposed by the city council.

(15)

To conduct inspections of buildings and land to determine compliance with the provisions of this chapter.

(c)

The zoning administrator shall not have the discretion to vary the terms and provisions of this chapter, except as specifically provided for herein or as may be authorized by the city council. The zoning administrator shall have the power and responsibility to interpret any provisions of this chapter that may be unclear. In the discharge of this duty, the city attorney shall provide advice upon request. In the making of any such interpretation, the zoning administrator shall set forth in writing the reasons for all decisions made.

(d)

The owner of property is responsible for maintaining real property in accordance with chapter 118. A violation of this chapter or of a condition imposed under authority of this chapter is a public nuisance, unless enforcement of the violation would result in the removal or relocation of all or any part of a principal or accessory structure. The public nuisance may be abated and assessed in accordance with chapter 34, article II.

(Code 1992, § 1500.29, subd. 1; Ord. No. 1220, § 7, 10-5-2009; Ord. No. 1411, § 7, 8-21-2023; Ord. No. 1431, § 6, 2-3-2025)

(a)

The city council shall determine, in harmony with the general purpose and intent of this chapter and the comprehensive municipal plan, by resolution, all appeals from any requirement, permit, or decision made by the zoning administrator.

(b)

At any time within 14 days after the decision of the zoning administrator, or other city official, under the provisions of this chapter, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the city affected thereby may appeal to the city council by filing a written notice with the city clerk stating the action appealed from and stating the specific grounds upon which the appeal is made.

(c)

The city council shall hold a public hearing on the appeal.

(d)

Notice of the hearing before the city council shall be mailed to all appellants.

(e)

Appeals from a city council decision must be filed with the district court within 60 days of the council's decision.

(Code 1992, § 1500.29, subd. 2; Ord. No. 1431, § 7, 2-3-2025)

State Law reference— Authority of council to service as board of appeals, Minn. Stat. § 462.354, subd. 2; appeals generally, Minn. Stat. § 462.357, subd. 6.

(a)

Application. Any owner of property, a person, firm, association, or corporation holding a contract to purchase property, an optionee holding an option conditioned solely on the grant of a variance, or the duly authorized agent of such person, may make application for a variance, which shall include the written consent of the fee owner. The application shall be made on forms supplied by the city and filed with the zoning administrator. The application shall contain the following:

(1)

The legal description of the property;

(2)

The zoning district in which the property is located;

(3)

A brief statement of the reasons the variance is requested; and

(4)

A statement of the ownership interest therein of the applicant.

(b)

Variances prohibited. No variance may be granted for a use of any property different from that permitted by this chapter. Variances may be granted for the extension of the nonconforming use of a property that was nonconforming on the date of the adoption of this chapter and such nonconforming use or any extension thereof shall not have expired.

(c)

Procedures.

(1)

All applications for a variance shall be referred to the planning commission for its review and recommendation to the city council, and property owners within 350 feet of the property in question shall be notified by mail of the hearing date and time, although failure of any property owner to receive such notification shall not invalidate the proceedings. Either the planning commission or the city council shall hold a public hearing on the application. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the public hearing.

(2)

The planning commission shall make written findings of the practical difficulties, and shall forward its recommendation to the city council; if no recommendation is transmitted after referral of the application to the planning commission, the city council may take action without such recommendation.

(3)

Variances shall be granted or denied by resolution of the city council.

(d)

Standards for granting a variance. A variance may only be granted when:

(1)

The variance is in harmony with the general purpose and intent of the ordinance;

(2)

The terms of the variance are consistent with the comprehensive plan; and

(3)

The applicant for the variance establishes that there are practical difficulties in complying with the ordinance. Economic considerations alone do not constitute practical difficulties. "Practical difficulties" as used in connection with the granting of a variance means that:

a.

The property owner proposes to utilize the property in a reasonable manner;

b.

The plight of the property owner is due to circumstances unique to the property that were not created by the property owner; and

c.

The variance will not alter the essential character of the neighborhood.

(e)

Conditions. The city may attach such reasonable conditions to the granting of a variance as it shall determine necessary or desirable to bring it within the purpose and intent of this chapter.

(f)

Termination. The violation of any condition in the grant of the variance may terminate the variance, following a hearing by the city council. If the property is not used or improvements substantially begun within a period of one year after the decision granting the variance, the variance shall terminate automatically.

(Code 1992, § 1500.29, subd. 3; Ord. No. 2011-1250, § 1, 9-19-2011; Ord. No. 1325, § 1, 10-16-2017; Ord. No. 1431, § 8, 2-3-2025)

State Law reference— Variances, Minn. Stat. § 462.357, subd. 6.

(a)

Purpose and public policy. In the enactment of this chapter, the city recognizes that there are certain uses that, because of their characteristics, limited number, or unique character, cannot be classified into any particular district or districts without providing extensive regulatory provisions. It is also recognized that certain uses, while generally not suitable in a particular zoning district, may, under some circumstances and conditions, be suitable. A conditional use permit shall apply to the use of land and not to a particular person. Any change in land ownership, lease, rental, occupancy or other similar change shall not affect the conditional use permit. The provision for conditional use permits is, therefore, established in order that the regulations of the city with respect to zoning may be continued on an individual basis as follows:

(1)

In situations where this Code specifically provides for the use by a conditional use permit.

(2)

In the instances where the particular use sought is not or cannot by a reasonable interpretation thereof be brought within the purview of this chapter in any district provided therein.

(3)

To provide for government use and uses that are traditionally considered to be affected with a public interest.

(4)

If a use is listed as both a permitted and a conditional use in this chapter, the more restrictive provisions shall apply.

(5)

The city may deny issuance of any conditional use permit not in conformity to the basis and criteria for granting such permits.

(b)

Application. Any owner of property, a person, firm, association, or corporation holding a contract to purchase property, an optionee holding an option conditioned solely on the grant of a variance, or the duly authorized agent of such person, may make application for a variance, which shall include the written consent of the fee owner. The application shall be made on forms supplied by the city and filed with the zoning administrator. The application shall contain the following:

(1)

The legal description of the property;

(2)

The zoning district in which the property is located and the section number of this chapter which permits the issuance of the conditional use permit;

(3)

A brief statement describing the use and why the applicant believes that it can be allowed under this chapter; and

(4)

A statement of the ownership interest therein of the applicant.

(c)

Procedures.

(1)

All applications for a conditional use permit shall be referred to the planning commission for its review and recommendation to the city council, and if the site is less than five acres, property owners within 350 feet of the property shall be notified by mail of the hearing date and time, although failure of any property owner to receive such notification shall not invalidate the proceedings. Either the planning commission or the city council shall hold a public hearing on the application. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the public hearing.

(2)

The planning commission shall make written findings, and shall forward its recommendation to the city council; if no recommendation is transmitted after referral of the application to the planning commission, the city council may take action without such recommendation.

(3)

Conditional use permits shall be granted or denied by resolution of the city council.

(d)

Standards for approving a conditional use permit. The planning commission shall make the following affirmative determinations before a conditional use permit may be recommended for approval by the city council:

(1)

That the conditional use, with such conditions as the commission shall determine and attach, conforms to the general purpose and intent of this chapter.

(2)

If the application is based on the conditional use provision in this chapter that the issuance conforms to the general characteristics of the district of which it will become a part.

(3)

That the conditional use will not impede the normal and orderly development and improvement of property in the neighborhood for uses permitted in the district or districts affected.

(4)

That adequate utilities, access roads, streets, drainage, and other necessary facilities have been or will be provided.

(5)

That adequate measures have been or will be taken to provide ingress and egress in such a manner as to minimize traffic congestion and hazards in the public streets.

(6)

In residential districts, certain uses may not be considered appropriate within the interior of residential neighborhoods because of noise, traffic, or other conditions that would tend to adversely affect the residential character of the neighborhood and possibly reduce property values. These may be considered appropriate only on the periphery of residential neighborhoods or under such conditions as the city council may deem proper. The uses may represent "buffer" uses for those areas lying between residential dwellings and nonresidential uses.

(7)

In consideration of an application, the following standards shall apply:

a.

Business districts. Certain uses are considered, as a rule, unsuitable in commercial areas because of inherent characteristics (e.g., traffic hazards, noise, light glare), proximity to residential areas, the fact that they tend not to serve nearby residential areas, or may adversely affect nearby permitted business uses.

b.

Industrial districts. Certain uses may be considered generally unsuitable in industrial districts because of conditions that would tend to discourage other industrial development in the vicinity; these conditions may include noise, vibrations, dust, glare, unsightliness, or similar nuisances. Certain other industrial land uses are considered generally inappropriate because they represent underutilization of land, which, in turn, means a low tax return from land that under fuller development would be contributing needed revenue to the city's tax base.

c.

Temporary uses in all zoning districts. Certain uses that are generally not suitable within a particular zoning district may be potentially suitable on a temporary basis. This may be due to the lack of development of existing property, a short-term need, or a limited degree of adverse effects upon adjacent land use.

(e)

Conditions. The city may attach such reasonable conditions to the granting of a conditional use permit as it shall determine necessary or desirable to bring it within the purpose and intent of this chapter.

(f)

Termination. The violation of any condition in the grant of the conditional use permit may terminate the conditional use permit, following a hearing by the city council. If the property is not used or improvements substantially begun within a period of one year after the decision of the city council, the conditional use permit shall terminate automatically.

(Code 1992, § 1500.29, subd. 4; Ord. No. 1325, § 1, 10-16-2017; Ord. No. 1431, § 9, 2-3-2025)

State Law reference— Conditional use permits, Minn. Stat. § 462. 3595.

(a)

Definition. As used in this section, the term "interim use" shall mean a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

(b)

Application. Any owner of property, a person, firm, association, or corporation holding a contract to purchase property, an optionee holding an option conditioned solely on the grant of an interim use permit, or the duly authorized agent of such person, may make application for an interim use permit, which shall include the written consent of the fee owner. The application shall be made on forms supplied by the city and filed with the zoning administrator.

(c)

Procedures.

(1)

All applications for an interim use shall be referred to the planning commission for its review and recommendation to the city council. Either the planning commission or the city council shall hold a public hearing on the application. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the public hearing.

(2)

The planning commission shall forward its recommendation to the city council; if no recommendation is transmitted after referral of the application to the planning commission, the city council may take action without such recommendation.

(3)

Interim use permits shall be granted or denied by resolution of the city council.

(d)

Standard for granting interim use permit. The city council may grant an interim use permit for the interim use of property if:

(1)

The use conforms to the zoning regulations;

(2)

The date or event that will terminate the use can be identified with certainty;

(3)

Permit of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and

(4)

The user agrees in writing to any conditions that the city council deems appropriate for permission of the use.

(e)

Conditions. The city may attach such reasonable conditions to the granting of an interim use permit as it shall determine necessary or desirable to bring it within the purpose and intent of this chapter.

(f)

Termination. The violation of any condition in the grant of the interim use permit may terminate the interim use permit, following a hearing by the city council. If the property is not used or improvements substantially begun within a period of one year after the decision of the city council, the interim use permit shall terminate automatically.

(Code 1992, § 1500.29, subd. 5; Ord. No. 1325, § 1, 10-16-2017; Ord. No. 1431, § 10, 2-3-2025)

State Law reference— Interim uses, Minn. Stat. § 462.3597.

The zoning code (text or district map) may be amended whenever the public necessity and convenience and general welfare require such an amendment by following the procedure specified in this section. An amendment may be initiated by the city council, the planning commission, an individual property owner, or by the verified petition of the owners of not less than 50 percent of the frontage of the area affected by the proposed amendment.

(1)

Application. Any owner of property, a person, firm, association, or corporation holding a contract to purchase property, an optionee holding an option conditioned solely on the grant of a rezoning, or the duly authorized agent of such person, may make application for a rezoning text or map amendment, which shall include the written consent of the fee owner. The application shall be made on forms supplied by the city and filed with the zoning administrator. The application shall contain the following:

a.

The overall size of the exterior of the existing or proposed building or buildings.

b.

The general character and appearance of the buildings in elevation.

c.

A site plan showing the placement of all buildings on the site, the layout of proposed parking areas showing both ingress and egress, the existing and proposed contours of the site showing any retaining walls proposed and the final slope of the finished ground as proposed. The contours of the existing land may be a maximum of five-foot intervals, and the contours of proposed grades must be on a maximum of two-foot intervals.

d.

The general layout of access roads proposed and sewer and water connections needed.

(2)

Procedures.

a.

All applications for an rezoning text or map amendment shall be referred to the planning commission for its review and recommendation to the city council. Either the planning commission or the city council shall hold a public hearing on the application. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the public hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.

b.

The planning commission shall forward its recommendation to the city council; if no recommendation is transmitted after referral of the application to the planning commission, the city council may take action without such recommendation.

c.

The city council may adopt and amend the zoning ordinance by a majority vote of all its members. The adoption or amendment or any portion of the zoning ordinance that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the city council.

d.

Rezoning applications shall be granted or denied by resolution of the city council.

(Code 1992, § 1500.29, subd. 6; Ord. No. 1325, § 1, 10-16-2017; Ord. No. 1431, § 11, 2-3-2025)

State Law reference— Amendments, Minn. Stat. § 462.357, subd. 4.

(a)

Application fees. Application fees are required to be paid for any land use application that will be submitted to the planning commission and/or city council (such as, but not limited to plats, subdivisions, site plan, rezoning, comprehensive plan amendment, conditional use permit, variance, lot split, ordinance amendment or other petition), and must be submitted with the application.

(b)

Planning commission deposit fees. In addition to the application fee, applicants shall deposit with the city a cash deposit ("deposit fee") toward prepayment of any consultant and attorneys' expenses and costs that are billed and charged to the city for reviewing, analyzing, processing, making recommendations, preparing development agreements or preparing findings on land use applications. All out of pocket expenses and fees in excess of the deposit fee shall be billed to the applicant and such invoice shall be paid by the applicant within 30 days. The applicant is responsible for all out of pocket expenses incurred by the city related to the application. If not paid within 30 days, the account shall be deemed delinquent and the city shall withhold all final documents until such delinquent account is satisfied. If the fees and expenses incurred by the city from the consultant and city attorney are less than the deposit fee, such excess shall be returned to the applicant upon final action by the city.

(c)

City administrator authority and discretion to stop consultant work. The city administrator shall have the authority and discretion to order the city's consultants and city attorney not to begin or to stop work on any application either before or after the depletion of the deposit fee.

(Code 1992, § 1500.29, subd. 7; Ord. No. 1189, § 1, 5-21-2007)

State Law reference— Fees authorized, Minn. Stat. § 462.353, subd. 4.

A driveway access permit to a public road shall be secured from the public agency with jurisdiction and maintenance responsibilities over the road prior to the issuance of a building permit.

(Code 1992, § 1500.29, subd. 8)

No person may change the use of any land (except for agricultural purposes or for construction of essential services and transmission lines) or occupy a new or structurally altered building after the effective date of the ordinance adopting this Code unless that person has first obtained a certificate of occupancy.

(1)

Application for a certificate of occupancy for a new use of land, new building or for an existing building that has been altered may be filed with the building official after the application for a building permit for such building. The certificate of occupancy shall be issued by the building official within ten days after the construction or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter and the state building code. Pending the issuance of said certificate, a temporary certificate of occupancy may be issued by the building official, subject to the provisions of the building code, for a period not to exceed 12 months during the completion of the erection or the alteration of such building. The temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter except under such restrictions and provisions as will adequately ensure the safety of the occupants. The use of any structure for which a building permit is required shall be considered a violation of this chapter unless a certificate of occupancy has been issued.

(2)

Any owner of any building or land may request a certificate of occupancy from the building official, who shall issue the same upon the payment of the fee stated in the fee schedule when the following findings have been made:

a.

That the construction of the buildings and improvements on said land has been done in substantial compliance with all applicable codes of the city and state; and

b.

That the use of the property is in compliance with the provisions of this chapter and any applicable variance and conditional use permit that may have been issued.

A record of all applications for and issued certificates of occupancy shall be kept on file by the city.

(Code 1992, § 1500.29, subd. 9; Ord. No. 1431, § 12, 2-3-2025)

No planning and zoning application that has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial except on the grounds of new evidence or proof of changes of conditions found to be valid by the city council.

(Ord. No. 1203, § 1, 4-21-2008)

(a)

Purpose. The purpose of this section is to establish the city's site plan review procedures and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this section.

(b)

Type of Review.

(1)

Administrative review. The site plans for projects, including but not limited to those types of projects listed below, may be reviewed and approved administratively by the zoning administrator or their designee in coordination with the city's other departments and any relevant regulatory agencies, however, the zoning administrator may, at their discretion, refer any site plan to the planning commission and city council for review:

a.

Modifications to existing multifamily buildings in residential zoning districts where the modification does not add additional dwelling units, wholly conforms to the City Code, and does not require a conditional use permit, variance, or other city council approval.

b.

Minor modifications to existing commercial, industrial, and institutional buildings where the modification wholly conforms to the City Code and does not require a conditional use permit, variance, or other city council approval.

c.

Accessory structures, accessory buildings, and accessory parking and loading facilities that wholly conform to the City Code and do not require a conditional use permit, variance, or other city council approval.

d.

Projects located in the MMM district that conform wholly to the City Code and do not require a conditional use permit, variance, or other city council approval.

(2)

City council review. Site plans for the following projects shall automatically require review by the planning commission and approval by the city council unless it is explicitly stated elsewhere in the ordinance that a specific type of project may be approved administratively:

a.

New construction in the C-1, GB, CGMU, I, I-1, RT, and NRDD districts and new construction of buildings for institutional uses in the R districts.

b.

Substantial alterations that make a change to the footprint of an existing principal structure in the C-1, GB, CGMU, I, I-1, RT, and NRDD districts or a substantial alteration that makes a change to the footprint of an institutional use in an R district.

c.

New construction of a multifamily building with three or more units in any R district or any project that adds additional dwelling units to an existing multifamily building in an R district.

(3)

Exempt from site plan review. Except in those cases specifically cited within this section, the following shall be excepted from the requirements of this Section and shall be processed through the building permit review process:

a.

Single- and two-family dwellings;

b.

Three-family dwellings in the MMM district;

c.

Noncommercial hangars at the Fleming Field Municipal Airport;

d.

Recreational structures and buildings in public parks.

(c)

Evaluation criteria. The city shall evaluate the proposed site plan based upon compliance with the City Comprehensive Plan, provisions of this section and other applicable chapters of the City Code.

(d)

Required site plan application information and materials. The following information shall be submitted with all site plan applications unless waived by the zoning administrator.

(1)

A completed planning and zoning application including the property owner's signature or a letter of consent.

(2)

A certified land survey depicting the following:

a.

Scale of plan;

b.

North point indication;

c.

Existing boundaries with lot dimension and area;

d.

Existing site improvements;

e.

All encroachments;

f.

Easements of record;

g.

Legal description of the property; and

h.

Wetlands, lakes, springs, rivers or other waterways bordering on or running through the subject property.

(3)

A scaled site plan showing:

a.

Lot Size;

b.

Lot Location;

c.

Adjacent streets to the site;

d.

Dimensions, location, and setbacks of existing and proposed buildings and structures;

e.

Locations of buildings on adjacent properties within 100 feet of the exterior boundaries of the subject property;

f.

Existing and proposed parking and loading areas and access drives, types of surfacing, curbing and drainage;

g.

Sidewalks, walkways, and trails;

h.

Proposed fences, walls, retaining walls, and other similar improvements;

i.

Total amount of building coverage; and

j.

Total amount of impervious surface coverage and/or total amount of landscaped area.

(4)

A narrative from the applicant explaining the request including:

a.

Type of business/activity;

b.

Expected activities on the site;

c.

Number of employees on site;

d.

Number of anticipated customers at any one time on site; and

e.

Hours of operation.

(5)

Architectural elevations and dimensions of proposed buildings with exterior materials labeled.

(6)

Building and floor plan (drawn to scale).

(7)

Landscaping plan (including location, size and species of materials being planted).

(8)

Stormwater management plan.

(9)

Grading plan.

(10)

Utility plan.

(11)

Drainage plan.

(12)

Other plans and information that may be required by the Zoning Administrator including but not limited to:

a.

Lighting and photometric plan;

b.

Sound control plan;

c.

Odor management plan;

d.

Architectural elevations of all buildings (type, color, and materials used for all external surfaces);

e.

Plans depicting fences, retaining walls, or other accessory structures;

f.

Fire protection plan; and/or

g.

Trash handling plan and trash enclosure plan.

(e)

Site plan review procedure.

(1)

Prior to commencing any construction, an application for site plan approval shall be submitted to the city by the applicant or their authorized agent. The completed application with all required attachments shall be submitted to the zoning administrator along with an application fee and escrow deposit as established by the city council. Pursuant to state statute, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submittal unless extended pursuant to Statute or a time waiver is granted in writing by the applicant.

(2)

In the case of an administrative site plan review, the zoning administrator or designee shall reach a decision on the application within 60 days of the receipt of a complete site plan application. If a site plan requires city council approval, the zoning administrator shall place the application on the agenda of the planning commission's next regular meeting to begin the process.

(3)

The zoning administrator shall instruct appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

(4)

The planning commission shall review the site plan submittal. After said review, the commission shall make a recommendation for approval or denial to the city council. The commission shall draft written findings of fact to support any recommendation of denial.

(5)

The city council shall review the site plan application and shall either approve the site plan upon determining that it is consistent with the City Code or deny the site plan upon determining that it is not consistent with the City Code.

(6)

Conditions and restrictions may be imposed on a site plan approval to protect the public interest and to secure compliance with the requirements of this section.

(f)

Lapse of site plan approval. Unless otherwise specified in the approval, a site plan approval shall lapse and become null and void one year following the date on which the application was approved, unless prior to the expiration of one year, the applicant or property owner has substantially started the construction of any building, structure, addition/alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit a request for a time extension which may be granted by the Zoning Administrator in the case of an administrative site plan approval or by the city council in the case of a site plan approval that they have granted.

(g)

Appeals. Appeals from a zoning administrator decision shall be made within 60 days of the zoning administrator decision by filing a written notice with the city clerk stating the action from which the appeal is made and the specific reasons for the appeal. The appeal shall follow the procedures outlined in City Code Section 153.026.

(Ord. No. 1385, § 2, 11-1-2021)

(a)

General rule. Except as otherwise provided elsewhere in this Code or under Minnesota Statute, any nonconformity, including the lawful use or occupation of land, building, structure, or premises existing at the time of the adoption of additional regulations under this Code, may be continued including through repair, replacement, restoration, maintenance, or improvement, but not including expansion.

(b)

Exceptions. The nonconformity may not be continued if:

(1)

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

(2)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the Dakota County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. If a building permit is applied for within 180 days of the damage, city staff may impose reasonable conditions upon the zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.

Any subsequent use or occupancy of the land or premises that has lost its nonconforming status shall thereafter be a conforming use or occupancy.

(Ord. No. 1361, § 1, 8-3-2020)

(a)

Nonconformities. Except as provided in this subsection, a nonconforming building or structure shall not be added to, enlarged, or expanded in any manner unless such additions and enlargements are made to conform with all the requirements of the zoning district in which such building or structure is located.

(1)

Additions to an existing single-family, two-family, or three-family dwelling with a nonconforming side lot line or rear lot line setback. An addition onto a single-family, two-family, or three-family dwelling with a side or rear property line setback nonconformity may be built with the same nonconforming setback without a variance provided:

a.

The addition does not encroach further into the required setback than the existing structure and at least a three-foot setback from the property line is maintained.

b.

The addition must not expand the principal structure's footprint by more than 50 percent in order to be approved administratively. An addition that expands the principal structure's footprint by more than 50 percent may be approved by conditional use permit.

c.

The addition meets all other applicable City Code requirements.

(Ord. No. 1361, § 1, 8-3-2020; Ord. No. 1418, § 5, 2-5-2024; Ord. No. 1424, § 5, 5-20-2024)

A nonconforming use of a building, structure, or land may not be changed to another nonconforming use. A nonconforming use of a building, structure (for example, a commercial use in a residential dwelling), or land shall not be expanded into any other portion of said building, structure, or land.

(Ord. No. 1361, § 1, 8-3-2020)