Penalty for violation of Code. The owner of a building or premise or lessee of a building or land in violation of any provision of this Code that has been committed or exists shall be served with an order in writing to remove the violation. If the violation is not brought to compliance with this Code within ten days after being served, the violator shall be guilty of a misdemeanor. Each day the violation exists, it shall constitute a separate offense.

(Ord. No. 420, § 1, 7-24-2017)

The administrative official is hereby authorized and directed to enforce all the provisions of this Code. The administrative official shall perform the following duties:

1. Examine all applications related to land use, building or structures, and ensure the applications are in compliance with this Code
2. Keep record of all nonconforming uses
3. Periodically inspect buildings, structures and uses of land to determine compliance with the terms of this Code. Notify, in writing, any person responsible for violating a provision of this Code, indicating the nature of the violation and ordering the action necessary to correct it.
4. Order discontinuance of illegal use of land, building or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuance of illegal work being done: or take any other action authorized by this Code to ensure compliance with or to prevent violation of its provisions.
5. Maintain permanent and current records of the zoning regulations, including all maps, amendments, conditional uses and variations.
6. Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance of removal for such time as necessary to ensure a continuous compliance with the provisions of this Code and, on request, provide information to the public.
7. Provide clerical and technical assistance to the board of zoning appeals.

(Ord. No. 420, § 1, 7-24-2017)

Permit required. It is unlawful for any person to engage in any activity for which a permit is required by any provision of this Code or any other law or ordinance of the city without first obtaining the required permit. No building permit shall be issued unless a building is designed and arranged to conform to the provisions of this Code and no building or other structure shall be erected, moved, added to, demolished or structurally altered without a permit issued by the administrative official and/or building official. Unless otherwise required by this code, administrative site plan review shall be the mechanism to review compliance with this code in concert with a building permit.

(Ord. No. 467, § 1, 11-13-2023)

1. A certificate of occupancy must be issued by the building official stating the building and use appear to comply with all provisions of this Code applicable to the building, premise, or use in the district prior to land being used or occupied.
2. No use may change in any building or part now or hereafter erected, reconstructed, or structurally altered, without a certificate of occupancy issued by the building official, and no such permit shall be issued to make such change unless it is in conformity with the provisions of this Code.
3. A certificate of occupancy will be issued within ten days after the lawful erection, reconstruction or structural alteration is completed consistent with applicable codes and the requirements of the building permit and all required inspections have been completed.
4. The building official may require the services of a qualified testing laboratory or others to determine anticipated compliance with performance standards prior to issuance of a certificate of occupancy. The cost of employing such laboratory shall be paid by the developer of the property.
5. Building permits or certificates of occupancy issued on the basis of plans and applications, approved by the administrative official and/or building official authorize only the use, arrangement and construction set forth in approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized will be deemed a violation of this SECTION.

(Ord. No. 420, § 1, 7-24-2017)

Authorization, powers and duties. The planning commission shall act as the board of adjustments and appeals and shall have the power and duty of hearing and deciding, subject to review by the council in each case, appeals or requests taken by any property owner or designated representative upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of adjustments and appeals will 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 the zoning ordinance.

A. Procedures of the board. The board of adjustments and appeals will follow the following procedures:

1. An application must be made by the property owner or designated representative to the administrative official on forms provided by the city and include all information and data requested. The city fee schedule shall set the fee and charges.
2. Upon the filing of an appeal, the administrative official shall set the hearing before the board of adjustments and appeals. The hearing will be set for the next regular meeting of the planning commission which allows for sufficient time and notice for publication. Notice shall be of the hearing and notification to neighboring property owners within 350 feet of the proposed request will occur ten days prior to the hearing. At the hearing, the board shall hear residents that wish to be heard either in person or by agent. The board will make its decision on the appeal, interpretation or variance and it will be reported to the city council. The board of adjustments and appeals may recommend conditions to ensure compliance and to protect adjacent property owners.
3. The city council will review and may revise any decision of the board of adjustments and appeals. In reviewing decisions, the council may conduct hearings as they deem necessary and will prescribe notice, if any, of such hearings.
4. If no decision is transmitted by the board of adjustments and appeals within 30 days after referral of the appeal or application for variance to the board, the council may take action without recommendation from the board of adjustments and appeals.

(Ord. No. 467, § 2, 11-13-2023)

1. Applicability. Amendments to this Code or for changes in the zoning district boundaries and the zoning provisions of this Code may be initiated by the following:
   1. A petition of the owner of a parcel of land for which rezoning is requested, or by the owner's agent
   2. An application from a member of the public
      
   3. A recommendation of the planning commission
   4. Action of the city council.
      
      An amendment not initiated by the planning commission will be referred to the planning commission for study and report and may not be acted upon by the city council until it has received the recommendation of the planning commission, or until 60 days have elapsed from the receipt by the planning staff.
2. Application by property owners or their agents. All applications for amendments involving the change of zoning district boundary lines (map changes) which are initiated by the owners of property or their agents will be filed in the office of the administrative official and will be accompanied by plans and graphics containing the following information:
   1. A generalized location map showing the location of the proposed site in relation to the city.
   2. A scaled plot plan of the proposed site showing all site dimensions with north indicated.
   3. All types of proposed uses.
   4. Location of all buildings and structures on the proposed site.
   5. Location of existing roads on and adjacent to the site.
   6. Location of buildings on adjacent sites.
   7. Location of utilities and easements.
   8. Topographic data, soil types, water table and wetlands.
   9. A drainage plan.
   10. Colorized, architecturally designed renderings, certified survey/site plan, and landscape plan of a proposed project, in conjunction with the rezoning request.
   11. Any additional information that may be requested by the administrative official or the planning commission.
       
3. Application by members of the public. All applications for amendments involving the change of zoning ordinances which are initiated by members of the public will be filed in the office of the administrative official and will be accompanied by the following information:
   
   1. Brief narrative of the proposed changes with relevant section numbers from the zoning ordinance.
      
   2. An ordinance showing specific proposed changes.
4. Public Hearing; Notice And Procedure: The planning commission shall hold at least one public hearing and shall give not less than ten (10) days’ notice of time and place of such hearing published in the designated legal newspaper for the city. Such notice shall also contain the description of the land and the proposed zoning changes. When an amendment involves changes in district boundaries of an area of five (5) acres or less, at least ten (10) days before the hearing, a notice shall be mailed to the owner and to each of the property owners situated wholly or partly within three hundred fifty feet (350') of the outside boundaries of the land proposed to be rezoned. Failure to post the notice or to properly mail the notice, or failure of the property owners to receive the notice shall not invalidate the proceedings. (Statute 462.357 Subd 3)
5. Approval; Denial: This title may be amended by a three-fifths (3/5) simple majority vote of the entire council. Zoning district changes from residential classification to commercial or industrial classifications may be amended by a four-fifths (4/5) vote of the entire council. (Statute 462.357 Subd 2)
   
6. No application which has been denied wholly or in part shall be reconsidered for a period of six (6) months from the date of the order of denial, except on grounds of new evidence of change of conditions.
   

(Ord. No. 467, § 3, 11-13-2023)

1. Authorization, powers and duties. The planning commission acting as the board of adjustments and appeals shall have the power and duty of hearing and deciding, subject to review by the council in each case, variances from this code.
   
   1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan.
      
   2. Variances may be granted when the applicant for the variances establishes that there are practical difficulties in complying with the zoning ordinance. "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 the zoning ordinance; 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.
      
   3. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance.
      
   4. Variances shall not be granted for any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. Variances may be granted for the temporary use of a one-family dwelling as a two-family dwelling.
      
   5. The city 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.
      
   6. The commission will not recommend and the council will not grant a variance unless they find the following of facts:
      
      1. Strict enforcement or interpretation would result in a practical difficulty or undue hardship inconsistent with the intent of this Code.
         
      2. There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district.
         
      3. Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood.
         
      4. Granting of the variance will not allow a use which is otherwise not permitted in the zoning district in question.
         
2. Procedures.
   
   1. An application must be made by the property owner or designated representative to the administrative official on forms provided by the city and include all information and data requested. The city fee schedule shall set the fee and charges.
      
   2. Upon the filing of an appeal or application for variance, the administrative official shall set the public hearing before the Planning Commission. Notice shall be published at least ten days prior to the hearing and neighboring property owners within 350 feet of the proposed request will be notified. The commission will make its decision on the variance, and it will be reported to the city council. The commission may recommend conditions to ensure compliance and to protect adjacent property owners.
      
   3. The city council will review and may revise any decision of the planning commission. In reviewing decisions, the council may conduct hearings as they deem necessary and will prescribe notice, if any, of such, hearings.
      
   4. Variances may be denied by the city council, and such denial will constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied, wholly or in part, may be resubmitted for a period of six months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the board of adjustments and appeals.
      
   5. If no decision is transmitted by the planning commission within 30 days after referral of the appeal or application for variance to the board, the council may take action without recommendation from the board of adjustments and appeals.
      
   6. A violation of any condition set forth in granting a variance will be a violation of this Code and shall automatically terminate the variance.
      
   7. Lapse of Variance:
      
      1. Whenever within one year after granting in while or in part of a petition for a variance, and the owner or occupant shall not have substantially completed the erection or alteration of a building or structure as described in such petitions, or does not have a void building permit, the variance will become null and void unless a petition for extension of time in which to complete the proposed construction or alterations have been granted as provided in this section.
         
      2. A petition to extend time will be submitted in writing 20 days before the expiration of one year from the date the variance was approved. The submittal will include facts showing a good faith attempt to use the variance, and will state the additional time requested to complete the construction or alteration. The petition will be presented to the zoning board of appeals for hearing and decision in the same manner as the original request for variance.
      3. In determining under this section whether the petitioner has made a good faith attempt to use the variance, the board and council may consider factors such as the design, size, expense and type of proposed construction or alteration. It will be within the power of the council, at the time of granting the original request for a variance to grant a two-year period for substantial construction of the building or structure utilizing the same, but such two-year period may not be extended.
      4. It will be within the power of the council, at the time of granting the original request for a variance to grant a two-year period for substantial construction of the building or structure utilizing the same, but such two-year period may not be extended.
         

(Odd. No. 467 ZC, Section 4, 11-13-2023. Ord. No. 420, § 1, 7-24-2017)

For uses specifically required to go through Design Review by the Planning Commission and City Council, the process shall be as follows:

1. The applicant shall complete a site plan and building materials application and pay applicable application fees.
2. The following items shall be submitted unless directed by staff otherwise:
   1. Elevations. Complete exterior elevations of all proposed buildings or additions or existing buildings and additions. Elevations should be drawn at an appropriate scale (usually one-quarter-inch equals one foot) and should include:
      1. All signs and/or awnings to be mounted on the building.
      2. Designations of materials and colors to be used on all exterior facades.
      3. Elevations of adjacent building to compare height and scale.
   2. Material samples. Material samples shall be presented, including color and material type of walls and roof.
   3. Color samples. Samples of all principal and secondary exterior colors to be used, including any signage and/or awning.
   4. Context. Photographs of surrounding buildings on the same street or area to address issues of context, including any models if available.
3. The Planning Commission will review the site plan and building materials submittal and make a recommendation to the City Council.
4. The City Council shall review and approve, approve with modifications, or deny the application prior to issuance of a building permit.

(Ord. No. 467 ZC, Section 5, 11-13-2023)