The council may, on its own motion, on request of the planning commission, or on petition of the affected property owners:

(1)

Rezone a parcel of land from one classification to another.

(2)

Amend the regulations of this chapter.

(3)

Review site plans for applicable developments.

(4)

Hold public hearings on minor site plans, planned unit developments and planned unit development amendments.

(5)

Consider requests for variances from the literal provisions of this chapter.

(Code 1999, § 6.010; Ord. No. 715, § I(6.010), 1-2-2018; Ord. No. 763, § II, 2-7-2023)

The development review committee (DRC) consists of the following personnel, for the following purposes, and with the following responsibilities:

(1)

Personnel. The DRC shall consist of the city administrator, the city planner, the fire chief and the city engineer. Each person may assign a designee to act in his place.

(2)

Purpose. The DRC shall be responsible for:

a.

Reviewing land use applications, maintaining a schedule for processing the application within the time frames of this chapter and of state law, meeting with applicants, and soliciting comments of other city officials; and

b.

Assisting city commissions and the council as to land use applications.

(3)

Meetings. The DRC shall normally meet weekly, but is not required to do so. Applicants are encouraged to attend the DRC meeting, but the city will not be responsible for giving notice of such meetings.

(4)

Completeness of application. Within 15 days of receiving an application, the DRC will review and determine whether the application is complete, and if not, notify the applicant, in writing, of what deficiencies exist.

(Code 1999, § 6.025; Ord. No. 715, § III(6.025), 1-2-2018)

(a)

Generally. In accordance with the provisions of state law, the city council may, from time to time, adopt amendments to this chapter. An amendment to this chapter may involve changes in its text and wording, including, but not limited to, changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administration, and procedures. Zoning amendments do not, however, include the rezoning of property. Amendments may be initiated by the city council, the planning commission, or by petition by the owner of the property affected by the amendment.

(b)

Application. An applicant for an amendment to this chapter shall submit the proper application forms made available by the city, including all required materials and applicable fees.

(c)

Notice of hearing. No amendment to this chapter shall be adopted until a public hearing on the matter has been held by the planning commission. A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date 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. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(d)

Review and recommendation by planning commission. A zoning amendment not initiated by the planning commission or a petitioner shall be referred to the planning commission by the city council for study and recommendation. In its deliberations on the matter, the planning commission shall consider oral or written statements from the petitioner, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the zoning amendment application. Within 60 days after the date of reference by the city council, a written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(e)

Decision by the city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. The city council may, by majority vote, deny the application for a zoning amendment by resolution with findings, approve it by ordinance, or table action to a future meeting, and the applicant shall be notified in writing of such action, including any conditions of approval. If approved, the applicable zoning chapters shall be revised accordingly.

(Code 1999, § 6.030; Ord. No. 715, § IV(6.030), 1-2-2018)

(a)

Generally. In accordance with the provisions of state law, the city council may, from time to time, adopt amendments to the comprehensive plan within the city. Amendments to the comprehensive plan are for the purpose of meeting the land use needs of the residents in the city. Amendments may be initiated by the city council, the planning commission, or by petition by the owner of the property affected by the amendment.

(b)

Application. An applicant for an amendment to the comprehensive plan shall submit the proper application forms made available by the city, including all required materials and fees.

(c)

Notice of hearing. No comprehensive plan amendment shall be adopted until a public hearing on the matter has been held by the planning commission. A notice of the time, date, place, and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the comprehensive plan amendment relates. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(d)

Hearing and recommendation by the planning commission. A comprehensive plan amendment, not initiated by the planning commission or a petitioner, shall be referred to the planning commission by the city council for study and recommendation. In its deliberations on the matter, the commission shall consider oral or written statements from the petitioner, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the comprehensive plan amendment application. A written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(e)

Decision by the city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. The city council may, by majority vote, deny the application for comprehensive plan amendment by resolution with findings, approve it by resolution, or table action to a future meeting, and the applicant shall be notified in writing of such action, including any conditions of approval. Except for amendments to permit affordable housing development, a resolution to amend the comprehensive plan shall be approved by a two-thirds majority vote of all city council members. If approved, the city shall submit the comprehensive plan amendment to the Metropolitan Council for its review and consideration. If approved by the Metropolitan Council, the applicable comprehensive plan text and maps shall be revised accordingly.

(Code 1999, § 6.035; Ord. No. 715, § V(6.035), 1-2-2018)

(a)

Generally. In accordance with the provisions of state law, the city council may, from time to time, change the zoning of parcels of land within the city. These changes in zoning classification are for the purpose of meeting the land use needs of the residents of the city in conformance with the city's comprehensive plan. Rezonings may be initiated by the city council, the planning commission, or by petition of the owner of the property to be considered for rezoning.

(b)

Application. An applicant for a rezoning shall submit the proper application forms made available by the city, including all required materials and applicable fees.

(c)

Notice of hearing. No rezoning shall be adopted until a public hearing on the matter has been held by the planning commission. A notice of the time, date, place, and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the rezoning relates. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(d)

Hearing and recommendation by the planning commission. A rezoning not initiated by the planning commission or a petitioner shall be referred to the planning commission by the city council for study and recommendation. In its deliberations on the matter, the planning commission shall consider oral or written statements from the petitioner, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the rezoning application. A written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(e)

Decision by the city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. The city council may, by majority vote, deny the rezoning application by resolution with findings, approve it by ordinance, or table action to a future meeting, and the applicant shall be notified in writing of such action. Any action 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 city council members. If approved, the official city zoning map shall be revised accordingly, and the applicant shall be notified in writing of the action taken by the city council, including any conditions of approval. If the rezoning has been granted, the notification shall state the zoning district to which land has been reclassified, the legal description of the property, and the date upon which the rezoning may lapse if not exercised as described below.

(f)

Conditions for rezoning approval. The city council recognizes that rezoning is ordinarily requested when a property owner has present intent to either develop or redevelop the property for a particular use or by stages under a phasing plan. If such a phasing plan should be approved by the city council at the time of rezoning, a condition may be included allowing for periodic progress review. If construction is not commenced within 12 months, or within the phasing schedule as approved by the city council, then the city council may, on its own initiative and with notice to the property owner and applicant, commence proceedings under this section to rezone the property back to its original classification.

(Code 1999, § 6.040; Ord. No. 715, § VI(6.040), 1-2-2018)

(a)

Generally. The city council may allow a departure from the literal provisions of this chapter by the granting of a variance. Variances shall only be granted when they are in harmony with the general purposes and intents of this Code and consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official controls. The term "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 shall not constitute a practical difficulty if reasonable use for the property exists under the terms of this chapter. The term "practical difficulties" also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances may be granted for earth-sheltered construction, as defined by state law, when in harmony with this chapter. The city council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located, except where the city council is considering a variance from nonconforming use requirements under section 38-45 on land zoned residential at the time it became nonconforming. The city council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The city council may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(b)

Application. An applicant for a variance shall submit the proper application forms made available by the city, including all required materials and applicable fees.

(c)

Notice of hearing. No variance shall be adopted until a public hearing has been held by the planning commission. A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date of the hearing to each owner of affected property and property wholly or partly within 350 feet of the property to which the variance relates. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(d)

Review and recommendation by the planning commission. In its deliberations on the matter, the planning commission shall consider oral or written statements from the petitioner, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the variance application. A written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(e)

Decision by the city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. In considering applications for variance, the city council shall consider the effect of the proposed variance upon the health, safety, and welfare of the community, traffic conditions, light and air, danger of fire, risk to the public safety, the effect on values of property in the surrounding area, and the effect of the proposed variance upon the city's comprehensive plan. The city council may, by majority vote, deny the application for a variance by resolution with findings, approve it by resolution, or table action to a future meeting, and the applicant shall be notified in writing of such action, including any conditions of approval.

(f)

Time limits. If construction is not commenced within one year from the time a variance has been granted by the city council, then the variance shall be null and void unless an extension is granted by the city council. Only one such extension shall be permitted, and it shall not be for more than six additional months.

(Code 1999, § 6.050; Ord. No. 715, § VII(6.050), 1-2-2018)

(a)

Generally. The city council declares it necessary and appropriate to require site plan approval of development in certain districts to preserve and promote attractive, well-planned, stable urban conditions. This includes all proposed multiple-family dwellings (three or more units), commercial and industrial developments, and all proposed developments in the water management overlay district. Site plan approval by the city council shall be obtained prior to issuance of a building permit.

(b)

Application. An applicant for site plan approval shall submit the proper application forms made available by the city, including all required materials and applicable fees.

(c)

Minor site plan review. Under the following circumstances, to be considered as minor site plans, the city council, upon recommendation from the development review committee, shall consider action without review and recommendation by the planning commission and conduct a public hearing in accordance with the procedures for a site plan as in subsection (d) of this section:

(1)

An accessory building or building addition that meets all requirements of section 38-605 and is not more than 5,000 square feet in size or ten percent of the total building footprint, whichever is less.

(2)

A parking lot expansion that is no more than 10,000 square feet in size or 25 percent of the total existing parking surface of a site, whichever is less.

(d)

Notice of hearing. No site plan, besides a minor site plan as in subsection (c) of this section, shall be approved until a public hearing has been held by the planning commission. A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the site plan relates. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(e)

Review and recommendation by the planning commission. A site plan application shall be reviewed by the planning commission, unless the request qualifies as a minor site plan in subsection (c) of this section. In its deliberations on the matter, the planning commission shall consider oral and written statements from the applicant, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the site plan application. A written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(f)

Decision by city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. The city council may, by majority vote, deny a site plan application by resolution with findings of fact, approve it by resolution, or table action to a future meeting, and the applicant shall be notified in writing of such action, including any conditions of approval.

(g)

Review considerations and conditions. In consideration of site plan applications under this section, the planning commission and city council shall consider the following: interrelationship with the site plan elements to conditions both on and off the property; conformance to the city's comprehensive plan; the impact of the plan on the existing and anticipated traffic and parking conditions; the adequacy of the site plan with respect to land use; pedestrian and vehicular ingress and egress; building location and height; architectural and engineering features; landscaping; lighting; provisions for utilities; site drainage; open space; loading and unloading areas; grading; signage; screening; setbacks; and other related matters. The planning commission may recommend, and the city council may impose, conditions of approval that are deemed necessary.

(Code 1999, § 6.060; Ord. No. 715, § VII(6.060), 1-2-2018)

(a)

Membership. The planning commission shall serve as the board of adjustments and appeals.

(b)

Applicability. The board shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter.

(c)

Filing. An appeal shall be filed at any time within 60 days after the order or decision being appealed on forms made available by the city, including all required materials and fees. New or additional information from the appellant may be considered at the board's sole discretion, if that information serves to clarify information previously considered by the board or administrative officer.

(d)

Notice of hearing. No appeal shall be considered until a hearing has been held by the board with notice provided to the appellant. Where a decision impacts surrounding properties, as determined by the city, notices shall be provided in accordance with section 38-38(c).

(e)

Decision by the board of adjustments and appeals. In its deliberations on the matter, the board shall consider oral or written statements from the appellant, the public, city staff, and its own members. The board may approve or deny the appeal to reverse an administrative action within 60 days after the appeal is filed by majority vote by resolution with findings and the appellant shall be notified in writing of such action.

(f)

Judicial appeals. Action by the planning commission acting as the board of adjustments and appeals shall be the final decision by the city, subject only to judicial review.

(Ord. No. 763, § III, 2-7-2023)

Editor's note— At the request of the city, §§ 38-41 and 38-42 were repealed. Said sections pertained to detailed landscaping plans, notice of hearing, and developer's agreement and derived from Code 1999, § 6.064, 6.066, 6.068. Refer to § 38-39, site plan review, for more information.

(a)

Generally. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances exist, a conditional use permit may be granted in compliance with this section.

(b)

Application. An applicant for a conditional use permit shall submit the proper application forms made available by the city, including all required materials and applicable fee.

(c)

Notice of hearing. No conditional use permit shall be approved until a public hearing has been held by the planning commission. A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the conditional use permit relates. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(d)

Review and recommendation by the planning commission. A conditional use permit application shall be reviewed by the planning commission. In its deliberations on the matter, the planning commission shall consider oral and written statements from the applicant, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the site plan application. A written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(e)

Decision by city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. The city council may, by majority vote, deny a conditional use permit application by resolution with findings of fact, approve it by resolution, or table action to a future meeting, and the applicant shall be notified in writing of such action, including any conditions of approval.

(f)

Review considerations and conditions. In considering applications for a conditional use permit under this section, the planning commission and city council shall consider the following: economic and aesthetic impact upon surrounding properties; interrelationship with the plan elements to conditions both on and off the property; conformance to the city's comprehensive plan; the impact of the plan on the existing and anticipated traffic and parking conditions; the adequacy of the plan with respect to land use; pedestrian and vehicular ingress and egress; building location and height; architectural and engineering features; landscaping; lighting; provisions for utilities; site drainage; open space; loading and unloading areas; grading; signage; screening; setbacks; and other related matters. The city council may impose conditions to the issuance of the conditional use permit or periodic review may be required. The conditional use permit shall be granted for a particular use and not for a particular person or firm. The conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this chapter shall prevent the city from enacting or amending this Code to change the status of a conditional use.

(Code 1999, § 6.070; Ord. No. 715, § X(6.070), 1-2-2018)

(a)

Generally. Interim uses may be considered in any zoning district, subject to the applicable conditions and procedures in this section. The uses may not be consistent with the comprehensive plan and may also fail to meet all of the applicable zoning district standards. The purposes for allowing interim uses are to:

(1)

Allow for use of property for a limited time, under specific conditions, until the property is developed as guided and zoned.

(2)

Allow a use for a limited period of time until a permanent location is obtained or while the permanent location is under construction.

(3)

Allow a use that is presently acceptable, but that, with anticipated development or redevelopment, may not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective zoning district.

(4)

Allow a use that is seasonal or temporary in nature.

(b)

Application. An applicant for an interim use permit shall submit the proper application forms made available by the city, including all required materials and applicable fees.

(c)

Notice of hearing. No interim use permit shall be approved until a public hearing has been held by the planning commission. A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. A similar notice shall be mailed at least ten days prior to the date of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the interim use permit relates. The city shall be responsible for placing and mailing such notices. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.

(d)

Review and recommendation by the planning commission. An interim use permit application shall be reviewed by the planning commission. In its deliberations on the matter, the planning commission shall consider oral and written statements from the applicant, the public, city staff, and its own members. The planning commission may recommend approval, denial, or table the site plan application. A written report shall be transmitted to the city council by the city planner on behalf of the planning commission stating its findings and recommendation.

(e)

Decision by city council. The city council shall consider the matter at its next regular meeting after receipt of the report and recommendation of the planning commission. The city council may, by majority vote, deny a conditional use permit application by resolution with findings of fact, approve it by resolution, or table action to a future meeting, and the applicant shall be notified in writing of such action, including any conditions of approval.

(f)

Review considerations and conditions. In considering applications for an interim use permit under this section, the planning commission and city council shall consider if the date or event that will terminate the use can be identified with certainty; permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; the use will not unreasonably delay anticipated development or redevelopment of the site; economic, environment, and aesthetic impact upon surrounding properties; interrelationship with the plan elements to conditions both on and off the property; conformance to the city's comprehensive plan; the impact of the plan on the existing and anticipated traffic and parking conditions; the adequacy of the plan with respect to land use; pedestrian and vehicular ingress and egress; building location and height; architectural and engineering features; landscaping; lighting; provisions for utilities; site drainage; open space; loading and unloading areas; grading; signage; screening; setbacks; and other related matters. The city council may attach conditions to interim use permits, including, but not limited to, hours of operation, provisions for land restoration, as appropriate, any circumstances and conditions for extension of the interim use permit duration, and other conditions or events that will terminate the interim use of the property. The city shall consider the public health, welfare, and safety impacts and provide for mitigation of any adverse impacts particularly as they relate to noise, dust, odor, traffic, and other operations. Performance guarantees by letters of credit, bonds, or cash may be required to ensure the property will be restored for its designated permanent use.

(g)

Permit expiration. An interim use permit shall expire, and the use shall cease operation at the earliest of the following:

(1)

Four years from the date of approval.

(2)

Upon an expiration date established as a condition of approval.

(3)

Upon reaching some other expiration threshold established as a condition of approval.

(h)

Permit revocation. An interim use permit is revoked by any of the following, whichever occurs first:

(1)

A violation of any condition set forth in an interim use permit.

(2)

A violation of any federal or state law or this Code.

(3)

If, after approval, it is discovered the permit was issued based on false, misleading, or fraudulent information.

(4)

An amendment to this Code which prohibits the use.

(5)

The use becomes in conflict with this Code.

(6)

The expiration date or occurrence of any events stated in the permit for termination of the use.

(7)

The use has ceased for a continuous period of at least six months.

(8)

The use has not commenced or a building permit for a structure to support the use has not been issued within one year after approval.

(i)

Notice of revocation. Upon occurrence of the date or event for termination of the interim use permit, the permittee shall be notified in writing that the permit shall terminate not later than six months after the date of such notice. In the case of a violation of the conditions of the interim use permit, the permit is subject to immediate revocation after such notice.

(j)

Permit review. An interim use permit may be reviewed by the city council at any time to verify compliance with the terms and conditions of the permit.

(k)

Effect of permit. The interim use permit shall be granted for a particular use, not for a particular person or firm, and does not confer on the property any vested rights. Any transfer of an active permit to another property owner is subject to approval by the city planner.

(l)

Permit extension. The permittee may request an extension of the interim use permit for such additional periods as are consistent with the terms and conditions of the original permit, under the same notice and review requirements as the original permit.

(Code 1999, § 6.080; Ord. No. 715, § XI(6.080), 1-2-2018)

(a)

Definition. A nonconforming use is any use or arrangement of land or structures legally existing prior to the enactment of a Code provision prohibiting such use.

(b)

Rights. Pursuant to M.S.A. § 462.357, subd. 1e:

(1)

Any nonconformity, including the lawful use or occupation of land or premises existing at the time a city Code amendment created the nonconformity, may be continued with any necessary approvals, including through repair, replacement, restoration, maintenance or improvements, but not including expansion unless otherwise authorized in this chapter.

(2)

Normal maintenance of a structure which is a nonconforming use, or which contains a nonconforming use is permitted including repair, replacement, restoration or improvement, provided that it does not extend or intensify the nonconforming use.

(c)

Expansion prohibited. Nonconformities may not be expanded unless expressly permitted as described below.

(1)

Nonconforming uses may expand upon issuance of a conditional use permit, only when such expansion is expressly listed as a conditional use within the applicable zoning district.

(2)

Nonconforming lots may expand only upon approval of a variance or planned unit development zoning that allows the proposed level of nonconformity.

(3)

Nonconforming structures may expand only upon approval of a variance or planned unit development zoning that allows the proposed level of nonconformity.

(4)

Nonconforming site characteristics may expand only upon approval of a variance of a planned unit development zoning that allows the proposed level of nonconformity.

(5)

A legal nonconforming industrial or commercial use may be expanded once by no more than ten percent of its floor area or 1,200 square feet, whichever is greater, with a conditional use permit pursuant to subsection (c)(6) of this section.

(6)

Any expansion allowed herein must include findings that the proposed expansion will reduce the impact of the legal nonconforming use on the surrounding properties in terms of activity, noise, traffic, light, appearance, outside storage of vehicles, equipment or materials, or other issues pertinent to the specific property and use involved.

(d)

Termination of rights.

(1)

A legal nonconforming use must not resume when:

a.

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

b.

The use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days of when the property was damaged. The assessed market value (including buildings and land) must be determined by the most recent valuation of the city assessor.

(e)

Conformance triggers. Nonconformities must be brought into conformance upon the following events:

(1)

Nonconforming uses. Nonconforming uses must be brought into conformance with current requirements of this chapter upon:

a.

Change of the use;

b.

Discontinuance of the use for a period of more than one year; or

c.

Destruction of the use, provided that no building permit has been applied for within 180 days of the date of destruction. The city may impose reasonable conditions on the building permit to mitigate newly created impacts on adjacent properties.

(2)

Nonconforming lots. Nonconforming lots must be brought into conformance with current lot requirements of this chapter upon subdivision or replatting of the lot.

(3)

Nonconforming structures. Nonconforming structures must be brought into conformance with current structure requirements of this chapter upon:

a.

Destruction or removal of the structure; or

b.

Relocation of the structure.

(4)

Nonconforming site characteristics. Nonconforming site characteristics must be brought into conformance with current site characteristic requirements of this chapter upon:

a.

Redevelopment of the site or expansion of total floor area on the site by 25 percent or greater.

b.

Destruction or removal of the site characteristic.

c.

Issuance of a permit for a related site characteristic if conformance is stipulated as a condition of permit approval.

d.

Change of use of the site (only for use-generated requirements, including, but not limited to, the number of parking spaces and trash storage requirements).

e.

A determination by the city that the site characteristic must be brought into conformance to protect the public health, safety and welfare.

(f)

Unimproved lots. Any platted lot existing on September 15, 1970, and then held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a lawful structure, even though its area and width are less than the current minimum requirements, so long as setback requirements are met (or as a variance may permit) and subject to the requirements of subsection (c)(6) of this section.

(g)

Unsafe structures. Nothing in this section shall be construed to permit the continued use of a structure or site found to be in violation of building, basic life safety or health codes of the city.

(Code 1999, § 6.110)

Prior to issuing a building permit, the city council may require the applicant to enter into an agreement with the city, approved by the city council and recorded against the property, which ensures that particular elements of the applications referenced in this section, either proposed by the applicant or imposed by the city, shall be carried out.

(Ord. No. 715, § IX(6.120), 1-2-2018)

In interpreting and applying the provision of this chapter, the provisions shall be held to be the minimum requirements for the promotion of the public safety health, convenience, comfort, prosperity and general welfare. It is not the intention of this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or

premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this chapter shall govern.

(Code 1999, § 6.130)