Two Harbors City Zoning Code
ARTICLE SEVEN
ADMINISTRATION AND PROCEDURES
SEC. 11.70. ENFORCEMENT.
Subd. 1. Duties. It shall be the duty of the Zoning Administrator to enforce this Chapter. The Zoning Administrator shall receive applications required by this Chapter, issue permits and furnish the prescribed certificates. He or she shall examine premises for which permits have been issued and shall make inspections necessary to ensure compliance with the provisions of this Chapter.
Subd. 2. Right of Appeal. At the time a permit is issued, the applicant shall be made aware, by the Building Inspector or Zoning Administrator, of his or her right to appeal to the Board of Zoning Appeals should his or her application be rejected due to his or her intended use of land or structure on land and structure being in conflict with regulations set down in this Chapter.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SEC. 11.71. BOARD OF ZONING APPEALS.
Subd. 1. Establishment. An administrative board, to be known as the "Board of Zoning Appeals", is hereby established. The Board shall consist of the seven (7) members of the Council. Their terms shall be identical to their term of office on the Council. Members of the Board shall serve without compensation. The Board may designate and employ an officer of the City to act as its secretary, and such other officer or official shall not be entitled to a vote nor to additional compensation.
Subd. 2. Proceedings. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses. The presence of at least four (4) members of the Board shall be necessary to constitute a quorum.
A. The Board shall adopt its own rules and procedures. The Board shall keep a record of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes, in which of each requested variation or appeal shall be specified.
B. All records of proceedings, findings, determinations and actions of the Board shall be filed immediately in the office of the Board and shall be a public record. All meetings of the Board shall be open to the public.
Subd. 3. Hearings; Appeals; Notices. Appeals to the Board may be taken by any person aggrieved by filing with the Zoning Administrator and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record of the action from which the appeal is taken.
A. The Board shall fix a reasonable time and place for the hearing of the appeal, shall give due notice thereof to the parties in interest, and shall render a decision within a reasonable time.
B. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
Subd. 4. Powers and Duties. The Board of Zoning Appeals shall have the power and duty to hear and decide, in accordance with the provisions of this Chapter, the following:
A. Administrative Review. The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the Zoning/Building Inspector in the enforcement and interpretation of the provisions of this Chapter.
B. Temporary Structure and Uses. The Board may authorize the temporary use of a structure or premise in any district prescribed elsewhere in this Chapter for the district in which it is located, provided that the use is of a temporary nature and does not involve the erection of a substantial structure.
C. Interpretation of Zoning Chapter and Map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning map, the Board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this Chapter. In the case of any question as to the location of any boundary line between zoning districts, or where there is uncertainty as to the meaning and intent of a textual provision of this Chapter, a request for interpretation of the zoning map or textual provision in question may be made to the Board, and a determination shall be made by the Board.
D. Conditional Uses. The Board shall have the powers to hear and decide, in accordance with the provisions of this Chapter, applications filed as hereinbefore provided for conditional uses. In considering an application for a conditional use, the Board shall request and receive written reports and recommendations from the Zoning Administrator and the Planning Commission regarding the application. The Board shall give due regard to the nature and condition of all adjacent uses and structures and, in authorizing a conditional use, may impose such requirements and conditions, in addition to those expressly stipulated in this Chapter, as the Board may deem necessary for the protection of adjacent properties and the public interest.
E. Variances. Pursuant to Minnesota Statutes, Section 462.357, Subd. 6, as it may be amended from time to time, the Board shall have the power to authorize variances from the terms, provisions or requirements of this Chapter. A “Variance” is a modification or variation of the provisions of this Chapter as applied to a specific piece of property.
Subd. 5. Variance - Findings. No variance shall be authorized by the Board unless the Board makes factual findings that support conclusions that:
A. The variance is in harmony with the general purposes and intent of this Chapter.
B. The variance is consistent with the comprehensive plan of the City.
C. The property owner applying for the variance establishes that there are practical difficulties in complying with the terms of this Chapter. The property owner also demonstrates and the Board makes factual findings that support conclusions that:
1. The property owner proposes to use the property in a reasonable manner not permitted by this Chapter; and
2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
3. The variance, if granted, will not alter the essential character of the locality, neighborhood or district in which it is located.
Subd. 6. Conditional Use - Findings. When asked to grant a conditional use, the Board should make its decision to accept or reject the use based upon a sound, logical study of the problem, after studying the following factors:
A. The location and size of the proposed conditional use, the nature and intensity of the operations involved or to be conducted in connection with it. Its site layout and its relation to streets giving access to it should be such that traffic to and from the use will not be more hazardous or inconvenient to the predominant character of the district or conflict with the normal traffic or the district, both at the time and as the same may be expected to increase with the development of the City.
B. In addition to the foregoing, the Board shall consider the following criteria in making a decision on any conditional use. No conditional use permit shall be approved unless positive findings are made with respect to each and every one of the following criteria:
1. The proposed development is likely to be compatible with development permitted under the general provisions of the City Code on substantially all land in the vicinity of the proposed development.
2. The proposed use is consistent with the City’s overall comprehensive plan, and with the spirit and intent of the provisions of the City Code.
3. The proposed use will not result in a random pattern of development with little contiguity to existing programmed development, and will not cause negative fiscal and environmental effects upon the community.
4. The proposed use or development is permitted under the general provisions of the City Code.
5. The establishment, maintenance or operation of the use will not be detrimental to nor endanger the public health, safety, morals or general welfare. In making its findings, the Board shall be guided by the following policies:
(a) The proposed use shall have a favorable property tax impact.
(b) Adequate utilities, access roads, drainage and other facilities must be provided by either the City or the applicant.
(c) The development will be adequately served by police and fire protection.
(d) The development will be adequately served by water and sewer facilities.
6. The proposed use will not be injurious to the use and enjoyment of the environment, or injurious or detrimental to the rightful use and enjoyment of other property in the vicinity of the proposed development, nor will it substantially diminish or impair the existing property values within the vicinity of the proposed development. In making its finding, the Board shall be guided by the following policies:
(a) The proposed use will not have an adverse economic impact upon neighboring, noncompetitive commercial uses.
(b) Adequate measures shall be taken to provide ingress and egress, minimizing traffic congestion in the vicinity. The Board may consider not only the traffic impact of the individual use, but also the role that the use will play in the cumulative traffic pattern within the vicinity.
(c) The proposed use shall provide for aesthetic appeal equal to or greater than existing uses in the area. Aesthetic factors shall be considered with a view towards the highest possible use of the area. In making its determination, the Board shall consider the size, shape, general appearance, structural materials, and landscaping of the proposed use.
(d) The proposed use shall be compatible with existing development and foster the goals and objectives of the comprehensive plan.
(e) The use shall not cause or tend to promote commercial or industrial imbalances that would adversely affect property values, or that would adversely affect the nodal or center concept of commercial development.
(f) The proposed use shall eliminate conflicts with adjacent land uses by providing, where necessary, buffer zones, dividing and screening, fencing, parking areas and limitations on the number of entrances and exits.
7. The establishment of the proposed use will not impede normal and orderly development and improvement of the surrounding property for uses permitted within the district. In making its finding, the Board shall be guided by the following policies:
(a) The use shall be consistent with the plan of other units of the government having jurisdiction over the area of the proposed use. Such plans include, but are not limited to, airport zoning ordinances and plans of the Minnesota Department of Transportation.
(b) The proposed use shall be consistent with future public development programs, including, but not limited to, community facilities plans and capital improvement programs.
Subd. 7. Decisions.
A. In exercising the above-enumerated powers, the Board may reverse or affirm, wholly or partly, or may modify the other requirements, decision or determination from which an appeal has been taken, to the extent and manner that the Board may decide to be fitting and proper in the premises, and to the end that the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is authorized by this Chapter to render a decision.
B. No order of the Board, permitting the erection or alteration of a building or the use of a building or premises, shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained and the work is started within such period or, where no erection or alteration is necessary, the permitted use is established within such period.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SEC. 11.72. NONCONFORMING LOTS, LAND USES AND STRUCTURES.
Subd. 1. Intent. Within the districts established by this Chapter, or amendments that may later be adopted, there exist lots, land uses and structures that were lawful before the effective date of this Chapter, or the amendment thereof, but which would be prohibited under the terms of this Chapter or a future amendment.
A. It is the intent of this Chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Chapter to be incompatible with permitted uses in the district involved. It is further the intent of this Chapter that non-conformities shall not be enlarged upon, expanded or extended, nor shall they be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
B. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after the effective date of this Chapter, or its amendments, by the attachment of additional signs to a building, or by the placement of additional signs or display devices on the land outside the building, or by additional uses, if such additions are of a nature that would generally be prohibited in the district involved.
C. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Chapter, or amendment thereof, and upon which actual building construction has been diligently carried on. “Actual Construction” is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner, and the demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.
Subd. 2. Nonconforming Lots of Record.
A. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record on the effective date of this Chapter or amendment thereof. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot, shall conform to the regulations for the district in which it is located. Variance of area, width and yard requirements shall be obtained only through action of the Board of Appeals.
B. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage are in single ownership and are of record on the effective date of this Chapter, or amendment thereof, and if all or part of the lots do not meet the requirements for lot width and area, as established by this Chapter, the lands involved shall be considered to be an undivided parcel, and no portion of the parcel shall be used or sold that does not meet lot, width and area requirements established by this Chapter, nor shall any division of the parcel be made that leaves remaining any lot with width or area below the requirements stated in this Chapter.
Subd. 3. Nonconforming Uses of Land. Where, on the effective date of this Chapter or amendment thereof, lawful use of land exists that is no longer permissible under the terms of this Chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this Chapter or amendment thereof.
B. No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel occupied by the use on the effective date of this Chapter amendment thereof.
C. If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) days, any subsequent use of the land shall conform to a regulation specified by this Chapter for the district in which it is located.
Subd. 4. Nonconforming Structures. If a lawful use of a structure, or of a structure and premises in combination, exists on the effective date of this Chapter or amendment thereof, which would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged, extended, converted, reconstructed or structurally altered, unless the use of the structure is changed to one permitted within the district in which such building is located.
B. Should such structures be destroyed by any means to the extent of more than seventy-five percent (75%) of its assessed value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
Subd. 5. Nonconforming Uses of Structures. If a lawful use of a structure, or of a structure and premises in combination, exists on the effective date of this Chapter or amendment thereof, that would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions: No existing structure devoted to a use not permitted by this Chapter in the district in which it is located, shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
A. Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use on the effective date of this Chapter or amendment thereof, but no such use shall be extended to occupy any land outside such building.
B. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises, may be changed to another nonconforming use, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this Chapter.
C. Any structure, or any structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.
D. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued or abandoned for six (6) consecutive months, or for eighteen (18) months during any three (3)-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
E. When a nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
Subd. 6. Repairs and Maintenance. On any building devoted, in whole or in part, to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current assessed value of the building, provided that the cubical space content of the building as it existed on the effective date of this Chapter, or amendment thereof, shall not be increased.
A. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building, or part thereof, declared to be unsafe by any City official charged with protecting the public safety, upon the order of that official.
B. Nothing in this Chapter shall be deemed to prevent the replacement of the heating system, or a part of the heating system, the wiring or the plumbing, fixtures or other energy-related modifications of any building by work done within or without the structure, even though it may result in an improved structure, upon such reasonable terms and conditions as may be established by the Board of Zoning Appeals. The procedure for any such determination shall conform as near as may be done to the procedures for the granting of conditional use permits.
C. Nothing in this chapter shall be deemed to prevent the proper maintenance or common improvement of any residential use with frontage along Highway 61/7th Avenue that existed at the adoption of this chapter; except it is not to be construed to allow the structure to be converted, reconstructed or structurally altered, unless the use of the structure is changed to one permitted within the district in which it is located. Should such structures be destroyed by any means to an extent of more than seventy-five percent (75%) of its assessed value at the time of destruction, reconstruction shall be constrained to the original building’s footprint.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SECTION 11.73 PERMITS AND PLANS; APPLICATION FOR ZONING PERMITS.
Subd. 1. Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such applicant shall:
A. Identify and describe the work to be covered by the permit for which application is made.
B. Describe the land on which the proposed work is to be done, by lot, block, tract, house and street address, or similar description that will readily identify and definitely locate the proposed building or work.
C. Indicate the use or occupancy for which the proposed work is intended.
D. Be accompanied by plans and specifications.
E. Be signed by the permittee, or his or her authorized agent, who may be required to submit evidence to indicate such authority.
F. Give such other information as reasonably may be required by the Zoning Administrator.
Subd. 2. Zoning Permits.
A. Issuance. The application, plans and specifications filed by an applicant for a permit shall be checked by the Zoning Administrator. The plans may be reviewed by other departments of the City to check compliance with the laws and City Code provisions under their jurisdiction. If the Zoning Administrator is satisfied that the work described in an application for permit, and the plans filed therewith, conform to the requirements of this Chapter and other pertinent laws and City Code provisions, and that the fee specified has been paid, he or she shall issue a permit therefor to the applicant.
B. Expiration. Every permit issued by the Zoning Administrator under the provisions of this Chapter shall expire by limitation and become null and void, if the building or work authorized by the permit is not commenced within one hundred twenty (120) days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before the work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half (½) the amount required for a new permit for the work, provided no changes have been made or will be made in the original plans and specifications for the work; and provided further, that the suspension or abandonment has not exceeded one (1) year.
Subd. 3. Site Plans Required.
A. In order to provide an orderly process for the development of land in the City, and to provide for the City’s review of development proposals, a site plan must accompany all applications for permits required under this Chapter. No permit or building permit can be issued until a site plan is submitted, reviewed and approved.
B. The required site plan for construction of a single-family or two-family dwelling, or of an accessory building on a single conforming lot, shall include lot boundaries, outlines of existing and proposed buildings, dimensions and sufficient other information to determine conformance with setback, side yard and rear yard requirements. A more detailed site plan may be required if the proposal falls within any of the provisions of Section 11.61, Shoreland Overlay District.
C. The site plan for commercial and industrial development and residential development of more than two (2) units shall include the following:
1. Information, including lot boundaries, outlines of existing and proposed buildings, dimensions and sufficient other information, to determine conformance with setback, side yard and rear yard requirements.
2. Information regarding the present conditions on the site, including dimensions, topography, existing vegetation, wetlands, significant natural and manmade features, adjoining or intersecting streets, highways, trails or rights-of-way, and such other information needed to review the proposal.
3. Information regarding the proposed project, including clearing, grading, access, parking, all structures and utilities information as needed to review the proposal.
4. A stormwater runoff plan.
5. A wetlands delineation and mitigation plan if required by Lake County.
6. An erosion and sediment control plan.
7. Site development information required under Section 11.61, Shoreland Overlay District, if in an erosion hazard area.
D. Upon request of the applicant, the Zoning Administrator shall convene all relevant City departments and officials and other units of government to meet with the applicant to review the proposal, and to assist the applicant in determining what permits and other applications may be required, and the process for completing all reviews. Appeals to decisions of the Zoning Administrator will be heard by the Planning Commission.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SECTION 11.74. INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this Chapter, the least restrictive requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare shall be imposed. It is not intended by this Chapter to interfere with, abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued, which are not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter; nor is it intended by this Chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties, except that, if this Chapter imposes a greater restriction, this Chapter shall control.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SECTION 11.75. AMENDMENT.
The Council may amend this Chapter after public hearing, whenever the public necessity, convenience or the general welfare requires amendment pursuant to the following procedure: Amendments may be proposed by the Board of Zoning Appeals, the Planning Commission, a petition of not less than fifty percent (50%) of the property owners involved by the proposed amendment, or by the Council itself. Before any amendment is made, it shall be referred to the Planning Commission, which shall report thereon within thirty (30) days after the referral. Thereafter, the Council may adopt the amendment by a majority vote of all its members. However, when a zoning district is changed, in whole or in part, from residential to commercial or industrial, the Council may approve the amendment only by a two-thirds () majority vote of all of its members.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SECTION 11.76. BURDEN OF PROOF.
It shall be the duty and burden of an applicant for any permit or approval under the Zoning Code to demonstrate and prove that the conditions or requirements for the issuance of a permit or approval have been satisfied.
Source: Ordinance No. 123
Effective Date: 07-16-2021
SECTION 11.77. FEES AND EXPENSES.
A. The Council shall, by resolution, establish a schedule of fees, charges and expenses for permits, certificates, appeals, other documents and actions required by the provisions of this Chapter. The schedule shall be available at the office of the Zoning Administrator. No permits, certificates, conditional use permits, planned unit development, or variances shall be issued unless and until such fees, charges or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Zoning Appeals, unless or until fees, charges and expenses have been paid in full.
B. Any costs directly related to an application for a permit including, but not limited to professional fees and expenses incurred by the City for consultants, including but not limited to planners, engineers, architects and attorneys, who the City determines in its sole judgment are necessary to assist the City in reviewing, implementing or enforcing the provisions of the City Code applicable to such permit, shall be reimbursed to the City by the applicant from a deposit made by the applicant with the City. The amount of the deposit, or any addition thereto required by the City, shall be established by the City Council, which shall thereafter, from time to time, make an accounting thereof to the applicant.
Source: Ordinance No. 123
Effective Date: 07-16-2021