St Bonifacius City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 157.165 ENFORCEMENT OFFICER; DUTIES.

The Zoning Administrator or other designated officials, as named by the City Council, shall enforce this chapter and, in addition thereto and furtherance of said authority, shall:

(A) Determine that all building permits comply with the terms of this chapter;

(B) Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;

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

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

(E) Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law;

(F) Serve as an ex-officio and non-voting member of the Park/Planning Commission; and

(G) Ensure compliance with all state statutes related to land use and zoning, including M.S. § 15.99, commonly referred to as “The 60-Day Rule”, as it may be amended from time to time.

(Ord. passed 12-17-2014)

§ 157.166 ZONING BOARD OF APPEALS.

(A) The Park/Planning Commission shall act as the Board of Zoning Appeals and shall determine, in harmony with the general purpose of this chapter and the comprehensive guide plan, all appeals made as to the interpretation of the text of this chapter or any determination by the Zoning Administrator or other designated officer as to the location of the boundary of a zoning district as shown on the zoning map.

(B) At any time within 90 days after the decision of the Zoning Administrator or other designated official of the city under the provisions of this chapter, except in connection with persecution for violations thereof, the applicant or the person or officers of the city affected thereby may appeal to the Park/Planning Commission by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made.

(C) The Park/Planning Commission, acting as the Board of Zoning Appeals, may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearing.

(D) The City Council may review and revise any decision of the Board of Zoning Appeals. In reviewing such decisions, the Council shall set a date for the hearing thereon, not earlier than seven days and no later than 30 days after the decision is made by the Board of Zoning Appeals.

(E) Notice of the hearing before the Council shall be mailed to all applicants. In all cases involving determination of district boundary lines, or interpretation of the text of this chapter, ten days’ published notice shall be given in the official newspaper.

(Ord. passed 12-17-2014)

§ 157.167 VARIANCES.

(A) The City Council may grant variances from strict application of the provisions of this chapter and impose conditions and safeguards in the variance so granted in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(B) Application requirements, public hearing and notice requirements and review processes shall be the same as for amendments and rezoning amendments (§ 157.168 of this chapter).

(C) In considering applications for variances under this chapter, the City Council shall consider the advice and recommendations of the Park/Planning Commission.

(D) Variances shall only be permitted:

(1) When they are in harmony with the general purposes and intent of the chapter; and

(2) When the variances are consistent with the Comprehensive Plan.

(E) (1) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter.

(2) Practical difficulties, as used in connection with the granting of a variance, means that:

(a) The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

(b) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

(c) The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(F) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with this chapter. The Board of Appeals and Adjustments may not permit as a variance any use that is not allowed under this chapter for property in the zone where the affected person’s land is located. The Board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Board 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.

(Ord. passed 12-17-2014)

§ 157.168 AMENDMENTS; REZONING AMENDMENTS.

(A) This chapter may be amended by majority vote of all of the members of the City Council; however, if the proposed rezoning changes property, all or part of which has an existing classification of residential, to either commercial or industrial, a two-thirds majority vote of all members is required.

(B) Proceedings for amendment this chapter shall be initiated by any of the following:

(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 Park/Planning Commission; and

(3) By action of the City Council.

(C) All applications for amendments which are initiated by the petition of the owners of property shall be filed in the city office and shall be accompanied by 12 copies of site plans and/or graphics containing the following information and folded where necessary to the size of eight and one-half inches by 11 inches:

(1) A generalized location map showing the location of the proposed site in relation to the city;

(2) A scaled plot plan, with north indicated, of the proposed site showing all dimensions;

(3) All types of proposed uses;

(4) Location of all buildings and structures on the proposed site, including trash enclosures;

(5) Where required, elevation drawings or illustrations indicating the architectural treatment of all proposed buildings and structures, including trash enclosures;

(6) Any plan for the modification of standards set by this chapter or any other provision of city ordinances;

(7) Location and size of all required parking spaces and a summary of the total number of parking spaces shown thereon;

(8) Where required, a landscaping plan including the location, size and type of all proposed planting materials;

(9) Where required, the design, placement and size of all proposed signs;

(10) Where required, a grading and drainage plan for the site;

(11) A legal description of the property to be rezoned;

(12) Names and addresses of property owners within 350 feet of subject property; and

(13) Any additional information as needed by the city in order to carry out appropriate review.

(D) Where applicable, the site plan will be reviewed by the Fire Chief, City Engineer, City Planner and City Administrator/Clerk/Treasurer and forwarded to the Park/Planning Commission and City Council for final approval. Such review shall be completed within 20 working days of the receipt by the city of the application. Recommendations and comments from the Fire Chief, Engineer, Planner and City Administrator/Clerk/Treasurer shall be forwarded to the Park/Planning Commission and City Council.

(E) The Park/Planning Commission shall consider applications for amendments to this chapter and rezoning amendments only at their regular meetings, although this requirement shall not prevent the Park/Planning Commission from considering an amendment to this chapter at a special meeting upon unanimous vote of all Park/Planning Commissioners present when the time and date of said meeting is determined.

(F) Within 60 days after the date of receipt of the amendment application by the city office, the Park/Planning Commission shall make a written report to the Council stating its findings and recommendations on the application.

(G) The City Council shall hold a public hearing within 30 days after receipt of the report and recommendation from the Park/Planning Commission. If the Park/Planning Commission fails to make a report within 60 days after receipt of the application, the Council shall hold a public hearing within 30 days after expiration of said 60-day period.

(H) The City Council shall not give less than ten days’, nor more than 30 days’, notice of time and place of such hearing which shall be published in the designated legal newspaper, and such notice shall contain a description of the amendment or a description of the land proposed be rezoned.

(I) At least ten days before the hearing, the City Administrator/Clerk/Treasurer shall mail notice to the owner and to each of the property owners within 350 feet of the outside boundaries of the land proposed to be rezoned. Failure to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.

(J) The City Council shall act upon the application within 45 days after receiving the recommendation of the Park/Planning Commission.

(Ord. passed 12-17-2014)

§ 157.169 CONDITIONAL USE PERMITS.

(A) (1) Unless carefully controlled and monitored, some uses have the potential to have a deleterious effect on adjacent properties and the community as a whole. They must therefore meet and maintain a higher standard of quality to ensure land use and environmental compatibility.

(2) Uses possessing unique and potentially detrimental characteristics may be authorized in certain zoning districts by issuance of a CUP where certain conditions are met.

(B) Application requirements, public hearing and notice requirements, and review processes shall be the same as for ordinance amendments and rezoning amendments (§ 157.168 of this chapter).

(D) A CUP shall remain in effect as long as the agreed upon conditions are observed. A CUP shall be issued for a particular use and not a person or firm.

(E) A violation of any condition set forth in a CUP shall be a violation of this chapter and automatically terminates the conditional use permit.

(F) A CUP shall become void one year after being granted by the City Council if substantial construction has not been completed. Upon reapplication, the City Council, after a recommendation from the Park/Planning Commission, may extend the permit for such period as it deems appropriate.

(G) Upon complaint of potential violations of any CUP, the City Administrator/Clerk/Treasurer shall document and forward said complaints to the Park/Planning Commission for review. The Park/Planning Commission shall forward a recommendation to the City Council for appropriate action of violation, if any.

(Ord. passed 12-17-2014)

§ 157.170 SITE PLAN REVIEW PROCEDURE.

(A) This review is intended to supplement the review and administrative procedures which are carried out under other provisions of this chapter. The site plan review process is intended to help ensure that newly developed properties or redeveloped properties are compatible with adjacent development and that safety, traffic, overcrowding and environmental problems are minimized to the extent possible.

(B) In order to further promote the safe and efficient use of land and to further enhance the value of property in the city, the City Council deems it advisable to establish site plan review criteria for any change in use and for any construction for which a building permit is required, except for construction of detached, single-family residential structures or structures accessory thereto. Exception shall also be given for construction of the interior of structures (that don’t result in a change in use or seating requirements) and/or repair and maintenance in all zoning districts.

(C) As a condition to issuance of a building permit, with exceptions noted in division (A) above, any applicant for such permit shall be required to submit to the City Administrator/Clerk/Treasurer a site plan which must contain the following information:

(1) Twelve 24-inch by 36-inch copies and an eight and one-half-inch by 11-inch transparency, drawn to scale and dimensioned, with north arrow;

(2) Complete legal description, address, small scale site location;

(3) Site plan drawn at appropriate engineering scale with setbacks noted showing all items listed below;

(4) Lot dimensions and all existing buildings and structures;

(5) Yards and spaces between buildings and property lines;

(6) Buildings, walls and fences: location, height, materials and building elevations;

(7) Off-street parking: locations, layout, dimensions, circulation, landscaped areas, total number of stalls, surface proposed with cross-section, elevation, curb and gutter;

(8) Access: pedestrian, vehicular, service; points of ingress and egress;

(9) Signs: proposed location, size, height, detail if known;

(10) Loading areas: location, dimensions, number of spaces, internal circulation;

(11) Lighting; location, height, design, detail;

(12) Street dedications and improvements, if necessary;

(13) Landscaping: with a schedule of the plantings showing quantities, botanical and common names, sizes, root type; also size and location of existing trees;

(14) Outdoor storage activities, where permitted in the district; type, location, height of screening devices;

(15) Conceptual grading and drainage plan for the site, prepared by a certified engineer, showing the proposed finished floor elevation of each building, street elevation, two-foot contours, surface water drainage and retention calculations, surface water management plan;

(16) Waste disposal facilities;

(17) Easements and location of utilities servicing development; and

(18) Statement of use, including type of business with number of employees by shift.

(D) (1) The site plan will be reviewed by the Fire Chief, City Engineer, City Planner and City Administrator/Clerk/Treasurer and forwarded to the Park/Planning Commission and City Council for final approval. Such review shall be completed within 20 working days of the receipt by the city of the application.

(2) Recommendations and comments from the Fire Chief, Engineer, Planner and City Administrator/Clerk/Treasurer shall be forwarded to the Park/Planning Commission and City Council.

(E) (1) If, during the review process, it is determined that the application does not contain sufficient information to enable the review staff to properly discharge its responsibilities, the review staff may request additional information from the applicant.

(2) In that event, the 20-day review period shall be suspended pending the receipt of all information requested by the review staff.

(F) No building permit shall be issued until site plan approval has been granted by the City Council. The City Council shall approve or disapprove the site plan by action taken by a majority of the members present at any meeting at which a quorum is present.

(G) If the City Council does not approve a site plan, the applicant may appeal the decision to the Zoning Board of Appeals pursuant to this chapter.

(Ord. passed 12-17-2014)

§ 157.999 PENALTY.

(A) (1) Violation of this chapter shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $700 and/or imprisonment for a period not to exceed 90 days for each offense. Each day that the violation is permitted to exist shall constitute a separate offense.

(2) In the event of a violation or a threatened violation of this chapter, the Council, or any member thereof, or the enforcing officer of this code, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations or threatened violations and it is the duty of the attorney to institute such action.

(3) Any taxpayer may institute mandamus proceedings in District Court to compel specific performance by the proper official or officials of any duty required by this chapter.

(B) Anyone violating any of the provisions of §§ 157.035 through 157.043 of this chapter shall be guilty of a misdemeanor. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building structure or premises and these remedies shall be in addition to the misdemeanor penalties described above.

(C) A person who operates or causes to be operated a sexually-oriented business without a valid license or in violation of § 157.146 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable as a misdemeanor. Each day a sexually-oriented business so operates is a separate offense or violation.