1. A Planning Commission is hereby created which shall carry out duties as specified in this title and as authorized by M.S. § 462.354, Subd. 1, as it may be amended from time to time. The Planning Commission shall consist of not less than five and not more than seven members. A chairperson and a vice chairperson shall be elected by the Commissioners at the first meeting of the year or at the first meeting following the resignation of the chairperson or vice chairperson. The term or office of each Commissioner shall be for a period of three years, but members shall serve at the pleasure of the Council. The City Council shall have the authority and power to fill vacancies that may from time to time exist and shall have the authority to fill vacancies resulting from the expiration of members' terms. The terms of office of the Planning Commissioners now holding office, pursuant to a prior ordinance, are hereby confirmed.
2. Regular meetings. Regular meetings of the Planning Commission shall be held on the fourth Monday of each calendar month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned Commission meetings, shall be held at City Hall, 1301 81st Avenue NE, unless specially called for another location.
   

1. The Zoning Administrator is hereby established, and the City Administrator, Clerk/Treasurer shall occupy that position.
2. It shall be the duty of the Zoning Administrator to enforce the title through the proper legal channels. In addition, the Zoning Administrator shall:
   1. Examine all applications pertaining to use of land, buildings, or structures, and approve same when the application conforms with the provisions of this title;
   2. Keep a record of all non-conforming uses;
   3. Keep a record of all conditional uses;
   4. Periodically inspect buildings and uses of land to determine compliance with the terms of this title. In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance. The cost of employing the laboratory shall be paid for by the owner if a violation of this title is established, otherwise by the city;
   5. Notify, in writing, any person responsible for violating a provision of this title, indicating the nature of the violation and ordering the action necessary to correct it;
   6. Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this title to insure compliance with or to prevent violation of its provisions;
   7. Maintain permanent and current records of this zoning title, including all maps, amendments, conditional uses, and variations;
   8. Maintain a current file of all permits, all certificates, and all copies of notices of violation, discontinuance, or removal for such time as necessary to insure a continuous compliance with the provisions of this title, and, on request, provide information to any person having a proprietary or tenancy interest in any specific property; and
   9. Review all applications made for variance and approve or disapprove in writing on the application before sending the application to the Planning Commission, and provide clerical and technical assistance to the Planning Commission.

1. From and after the effective date of this title, it shall be unlawful to proceed with the construction, alteration, repair, enlargement, demolition, or removal of any building, provided however the valuation exceeds an amount set forth in the insurance limits schedule, without first obtaining a building permit. Repairs or remodeling less than an amount set forth in the insurance limits schedule shall not require a building permit, provided neither the size or occupancy of the structure, nor the structural framework, is altered.
2. No building permit shall be issued unless the building is designed and arranged to conform to the provisions of this title.

1. No land shall be occupied or used and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Zoning Administrator stating that the building and use appears to comply with all of the provisions of this title applicable to the building or premises or the use in the district in which it is to be located.
2. No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a certificate of occupancy having been issued by the Zoning Administrator, and no permit shall be issued to make the change unless it is in conformity with the provisions of this title.
3. Application for a certificate of occupancy shall be made coincidentally with the application for a building permit and shall be issued within ten days after the lawful erection, reconstruction, or structural alteration is completed.
4. The Zoning Administrator may, where necessary, require the services of a qualified testing laboratory to determine anticipated compliance with performance standards prior to issuance of a certificate of occupancy. The cost of employing the laboratory shall be paid by the developer of the property.

1. Purpose. The City Council may grant a variance from the strict application of this title and impose conditions and safeguards on the variance so granted only in instances where their strict enforcement would cause practical difficulties in complying with the official control because of circumstances unique to the individual property under consideration, and may grant a variance only when it is demonstrated that such actions will be in harmony with the general purposes and intent of this title and when the variances are consistent with the Comprehensive Plan. "Practical difficulties" as used in connection with the granting of a variance means that the property owner proposes to use the property in a reasonable manner not permitted by an official control, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties also includes, but is not limited to, direct sunlight for solar energy systems. A variance shall not be granted to allow a use that is not allowed in the zoning district involved.
2. The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
3. Application. An application for a variance shall be filed with the Zoning Administrator and shall state the unique circumstances claimed as a basis for the variance. The application shall contain at least the following information:
   1. The signature of each owner of affected property or his agent.
   2. The legal description of the property and the common address.
   3. A description of the variance requested and a statement demonstrating that the variance would conform to the requirements necessary for approval.
   4. The present use.
   5. Any maps, drawings and plans that the Zoning Administrator considers to be of value in considering the application.
4. Referral to Planning Commission. The application shall be referred to the Planning Commission for study concerning the effect of the proposed variance upon the Comprehensive Plan, and upon the character and development of the surrounding neighborhood. The Planning Commission shall make a recommendation to the City Council to grant or deny the variance, and may recommend imposing conditions in the granting of the variance. The conditions may include considerations such as location, character and other features of the proposed building.
5. Approval; denial. Variances require the approval of a majority vote of the City Council. Variances may be denied by motion of the City Council and such motion shall constitute a determination that the findings required for approval do not exist. No application for a variance which has been denied in whole or in part shall be resubmitted within six months of the date of the order of denial, except upon grounds of new evidence or upon proof of change of conditions. The City Council may impose conditions upon the granting of a variance. The conditions may include considerations such as location, aesthetics and other features of the proposed buildings. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
6. Decision period. All applications shall be reviewed consistent with M.S. § 15.99.
7. Revocation. A violation of any condition attached to the approval of a variance shall constitute a violation of this title and shall constitute sufficient cause for the termination of the variance by the City Council.
8. Expiration. If the development does not proceed within one year of the date on which the variance was granted, such variance shall become void, except that, on application, the City Council may extend the variance for such additional period as it deems appropriate.

1. Procedure. This title may be amended whenever the public necessity and convenience and the general welfare require amendment by following the procedure specified as follows.
   1. Proceedings for amendment of this title shall be initiated by:
      1. A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed;
      2. A recommendation of the Planning Commission; or
      3. Action of the City Council.
   2. To defray administrative costs of processing of requests for an amendment to this title, a fee as established by resolution of the City Council shall be paid by the petitioner.
   3. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing. A notice of the time, place, and purpose of the hearing shall be published at least ten days and at most 30 days prior to the day of the hearing. In addition, when an amendment involves changes in district boundaries, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of the affected property and property situated wholly or partially 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 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 paragraph has been made. If no recommendation is transmitted by the Planning Commission within 60 days after the hearing, the City Council may take action without awaiting the recommendation.
   4. The City Council, upon receiving reports of the Planning Commission, may hold public hearings on the amendments as it deems advisable. After those hearings, if any, and within 60 days of its receipt, the Council may vote upon the adoption of any proposed amendment or it may refer it back to the Planning Commission and staff for further consideration. In considering the recommendations, due allowance shall be made for existing conditions, for the conservation of property values, for the direction of building development to the best advantage of the entire city, and for the uses to which the property affected is being devoted at the time. The amendment shall be effective only if four-fifths of all members of the Council concur in its passage.
2. Changing district boundaries; petition content. Any petition presented to the Planning Commission requesting a change in district boundaries shall contain the following information:
   1. The name or names and addresses of the petitioner or petitioners, and their signatures to the petition;
   2. A specific legal description of the area proposed to be rezoned, and the names and addresses of all owners of property lying within the area, and a legal description of the property owned by each;
   3. The present district classification of the area and the proposed district classification;
   4. The present use of each separately owned tract within the area and the intended use of any tract of land therein, if the petitioners or the owners have particular uses presently in mind;
   5. An explanation of how the rezoning will conform with the general zoning pattern of the neighborhood and the zoning plan of the entire city; and
   6. Accompanying the petition shall be three copies of a map showing the property to be rezoned, the present zoning of the surrounding area for at least a distance of 350 feet, including the street pattern of that area, and the names and addresses of the owners of the lands in each area as the same appear on the records of the County Auditor; all of which shall be provided by the petitioner.
3. Lapse of variance by non-use.
   1. Whenever within one year after the granting in whole or in part of a petition for the transfer of land from one district to another, or for a variance, if the owner or occupant shall not have substantially completed the erection or alteration of a building, structure, or other use, as described in the petition, then the variance shall become null and void unless a petition for extension of time in which to complete the proposed construction, alteration, or other use has been granted as provided herein.
   2. The petition to extend time shall be in writing and filed with the City Administrator, Clerk/Treasurer more than 20 days before the expiration of one year from the date the original petition was approved, shall state facts showing a good faith attempt to use the variance, and shall state the additional time requested to complete the construction, alteration, or other use. The petition shall be presented to the Planning Commission for hearing and decision in the same manner as the original request for variance.
   3. In determining under Paragraph C whether the petitioner has made a good faith attempt to use the variance, the Planning Commission or City Council may consider such factors as the design, size, expense, and type of the proposed construction, alteration, or other use.
   4. It shall be within the power of the Planning Commission or City Council, at the time of granting the original request for a variance, to grant also a two-year period for substantial construction of the building, structure, or other use utilizing the same.

In addition to the enforcement responsibilities of the Zoning Administrator pursuant to SLPC 16.60.010, this zoning title shall be administered and enforced by the Building Inspector and Police Department.

Violation of this title is a misdemeanor offense.