Wadena City Zoning Code

GENERAL PROVISIONS

§ 152.01 SCOPE AND INTERPRETATION.

(A) Scope. From and after the effective date of this chapter, the use of all land and every building and the erection or structural alteration of any building or portion of a building in the city shall be in conformity with the provisions of this chapter. Any structure or use lawfully existing at the passage of this chapter but not in conformity with the regulations of the appropriate zoning district may be continued subject to the regulations of § 152.06.

(B) Interpretation. The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the public health, safety, morals, convenience, and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other provision of this code of ordinances, or regulation, this chapter shall apply. Where the provisions of any statute, other provision of this code of ordinances, or regulation impose greater restrictions than this chapter, such restrictions shall apply.

(2006 Code, § 11.01)

§ 152.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURE. The growing of soil crops in the customary manner on open tracts of land; the raising of animals or poultry. The term shall include incidental retail selling by the producer of the products raised on the premises; provided, that customer parking space is furnished off of the public right-of-way.

ALLEY. A public or private right-of-way less than 30 feet in width which affords secondary means of access to abutting property.

APARTMENTS. A room or suite of rooms designed for, intended for, or used as a residence for one family or individual and equipped with cooking facilities.

APARTMENT BUILDING. Three or more dwelling units grouped in one building.

BLOCK. A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, unsubdivided acreage, or boundary line of the corporate limits of the city.

BOARDING HOUSE. Any dwelling other than a hotel or motel where meals or lodging and means for compensation are provided for five or more persons pursuant to previous arrangements.

BUILDING. Any structure for the shelter, support, or enclosure of persons, animals, chattel, or property of any kind; and when separated by bearing walls without openings, each portion of such building so separated shall be deemed a separate BUILDING.

BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of the main building on the same lot.

BUILDING HEIGHT. The vertical distance from the average of the lowest and the highest point of the portion of the lot covered by the building to the highest point of the roof, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs.

BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.

CENTRAL BUSINESS DISTRICT. Main concentration of uses devoted to the retailing of goods and services for a profit.

COMMERCIAL - C-1 DISTRICT. would consist of other business locations, such as highway serving uses and that which deal more in convenience goods and services.

DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.

DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.

DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other room or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

FAMILY. Any number of individuals living together on the premises as a single nonprofit housekeeping unit (except for necessary servants) as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity, or sorority house.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls, including basements and attached accessory buildings.

GARAGE, PRIVATE. An accessory building for storage of self-propelled vehicles and tools and equipment maintained as incidental to a conforming use of the premises.

GARAGE, PUBLIC. Any premises except those defined as a private garage used for storage or care of self-propelled vehicles and/or where any such vehicles are equipped for operating, repair, or are kept for remuneration, hire, or sale.

HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by members of a family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Clinics, hospitals, barber shops, mortuaries, beauty parlors, motor vehicle repairing for hire, welding, animal hospitals, and the maintenance of animals, except as provided in § 152.26, shall not be deemed to be HOME OCCUPATIONS.

INDUSTRIAL, HEAVY I-2 DISTRICT. All manufacture, compounding, processing, packaging, treatment, or assembly of products and materials which due to their size and nature, would not conform in the I-1 District.

INDUSTRIAL, LIGHT I-1 DISTRICT. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influences that extend beyond the lot on which the use is located.

HOTEL. Any building or portion thereof where lodging is offered to transient guests for compensation and in which there are more than five sleeping rooms, with no cooking facilities in individual dwelling units.

JUNK YARD. Land or buildings where waste, discarded, salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled, or handled, including, but not limited to, scrap metal, rags, paper, rubber products, glass products, lumber products, and products resulting from the wrecking of automobiles or other machinery.

LOADING AREA. Any area where trucks are parked, maneuvered, or loaded or unloaded of materials or equipment.

LOT. One unit of a recorded plat or subdivision, which unit has frontage on a public street and is occupied, or to be occupied, by a building and its accessory buildings, and including as a minimum, such open spaces as are required under this chapter.

LOT AREA. The land area within the lot lines.

LOT CORNER. A lot situated at the intersection of two or more streets.

LOT COVERAGE. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures.

LOT DEPTH. The average distance between the front and rear lot line (the greater frontage of a corner lot shall be deemed its depth and the lesser frontage its width).

LOT, DOUBLE-FRONTAGE. An interior lot having frontage on two streets.

LOT, INTERIOR. A lot other than a corner lot.

LOT WIDTH. The horizontal straight line distance between the side lot lines at the setback line.

NONCONFORMING USE. A use lawfully in existence on the effective date of this chapter and not conforming to the regulations for the district in which it is situated, except that such a use is not nonconforming if it would be authorized under a special use permit where located.

PREMISES. A lot or plot with the required front, side, and rear yards for a dwelling or other use as allowed under this chapter.

SETBACK. The shortest horizontal distance between the front lot line and the foundation wall of a building or the allowable building line as defined by the front yard regulations of this chapter.

SIGN. A name, identification, display, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public and which directs attention to a product, place, activity, purpose, institution, or business.

SIGN, BILLBOARD, OFF-PREMISE. A sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold, or offered upon the premises where such a sign is located.

SIGN, BUSINESS. A sign which directs attention to a business or profession of a commodity, service, or entertainment sold or offered upon the premises where such a sign is located.

SIGN, FLASHING. Any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use.

SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes as a part of the sign.

SIGN, NAMEPLATE. Any sign which states the name or address or both of the business or occupant of the lot where the sign is placed.

SIGN, ROTATING. A sign which revolves or rotates on its axis by mechanical means.

SIGN, SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-face or V-type sign structure shall be used in computing total surface area.

STORY. The portion of the building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

STORY, HALF. A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

STREET LINE. The right-of-way line of a street.

STRUCTURAL ALTERATION. Any change or addition to the supporting members of a building such as bearing walls, columns, beams, or girders.

STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.

SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than two and one-half acres in area and 150 feet in width, for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land. The term includes RESUBDIVISION, and, where it is appropriate to the context, relates either to the process of SUBDIVISION or to the land subdivided.

TRAILER HOUSE or MOBILE HOME. A detached dwelling structure used for living purposes that is transportable in one or more sections and is less than 24 feet wide, with or without a permanent foundation.

USE. The purpose for which land or premises or a building thereon is designated, arranged, or intended, or for which it is or may be occupied or maintained.

USE, ACCESSORY. A use clearly incidental or accessory to the principal use of a lot or a building located on the same lot as the accessory use.

VARIANCE. A modification or variation of the provisions of this chapter, as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance.

YARD. Any space in the same lot with a building open and unobstructed from the ground to the sky, except for fences five feet or less in height, and trees and shrubs.

YARD, FRONT. A yard extending across the front of the lot between the side yard lines and lying between the front street right-of-way of the road or highway and the nearest line of the building.

YARD, REAR. An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot.

YARD, SIDE. An open, unoccupied space on the lot with a building between the building and the side line of the lot.

(2006 Code, § 11.02) (Ord. 130, passed 12-24-1971; Ord. 26, 3rd Series, passed 7-29-1982; Ord. 147, 3rd Series, passed 12-20-2002)

§ 152.03 REGULATION OF DISH-TYPE SATELLITE SIGNAL-RECEIVING ANTENNAS.

(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DISH. The part of a satellite signal receiving antenna characteristically shaped like a saucer or dish.

DISH-TYPE SATELLITE SIGNAL-RECEIVING ANTENNAS.

(a) One, or a combination of two or more of the following:

1. A signal-receiving device (antenna, dish antenna, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources;

2. A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer, and/or transmit electronic or light signals; or

3. A coaxial cable the purpose of which is to carry or transmit said signals to a receiver.

(b) Also referred to as EARTH STATIONS or GROUND STATIONS.

GROUNDING ROD. A metal pole permanently positioned in the earth to serve as an electrical conductor through which electrical current may safely pass and dissipate.

RECEIVER. A television set or radio receiver.

(B) Permit required. It is unlawful for any person to construct an earth station without a permit, nor shall construction commence before a permit is issued in accordance with division (C) below.

(1) The owner, or occupant with written permission from the owner, of any lot, premises, or parcel of land within the city who desires to construct an earth station on said lot, premises, or land parcel, must first obtain a permit to do so from the Zoning Administrator.

(2) The Zoning Administrator shall issue such permit, provided, the applicant submits a written application upon forms provided and approved by the Planning Department, along with a plot plan of the lot, premises, or land parcel attached, showing the exact location and dimensions of the proposed earth station and underground wiring; a description of the kind of earth station proposed; the exact location and dimensions of all buildings or structures; showing the elevations of the proposed earth station upon completion.

(3) The applicant shall submit with each application a sum, as set by City Council resolution, which represents the permit fee. The permit fee shall cover the costs of processing the application.

(D) Location of earth station; ground mounted.

(1) No earth station shall be constructed in any front or side yard, but, shall be constructed to the rear of the residence or main structure.

(2) No earth station, including its concrete base slab or other substructure, shall be constructed less than eight feet from any property line or easement.

(3) Wiring between an earth station and a receiver shall be placed at least eight inches beneath the surface of the ground.

(4) Such earth station shall be designed to withstand a wind force of 75 mph without the use of supporting guy wires.

(5) An earth station must be bonded to a grounding rod.

(6) No earth station shall be constructed upon the roof top of any garage, residential dwelling, church, school, apartment building, hospital, or any other commercial building or structure.

(7) All earth stations and the construction and installation thereof shall conform to National Electric Safety Code regulations.

(2006 Code, § 11.21) (Ord. 54, 3rd Series, passed 4-24-1985) Penalty, see § 152.99

§ 152.04 WIND ENERGY CONVERSION SYSTEMS.

(A) Purpose. The purpose of this section is to regulate the installation and operation of wind energy conversion systems (WECS) within the city for the safety and well-being of the citizens. This section is to establish regulations not otherwise subject to the siting and oversight by the state.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

METEOROLOGICAL TOWER. A temporary tower which is erected to gather data on wind speed and direction, plus other data relevant to the siting of a WECS.

WECS-WIND ENERGY CONVERSION SYSTEM. An electrical generating facility comprised of one or more wind turbines and accessory facilities, including and not limited to, power lines, transformers, substations, and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed to the electrical grid.

(1) Wind energy conversion systems regulated by this section shall only be allowed within any zoning district as a conditional use and permitted as prescribed under the this chapter. In addition a land use and zoning permit must be obtained

(2) Only one WECS system is permitted on any one lot.

(D) Application requirements.

(1) A site plan drawn to scale and dimensioned including all structures, buildings, above- ground utilities, and trees on the lot where the WECS is to be installed;

(2) The elevations of all items mentioned above;

(3) The proposed location of the WECS including the location of guy wire anchors;

(4) The location and elevation of all structures within 350 feet of the exterior boundaries of the property of installation of the WECS;

(5) A description of the project including name plate generating capacity, tower height, rotor diameter, and means of interconnection with the electrical grid;

(6) Standard drawings of the structural components of the WECS and support structures including base and footings shall be provided as certified by a state licensed engineer;

(7) A contract or agreement with the affected electrical power supplier for excess power fed back into the electrical grid;

(8) A permit or letter from the FAA or MNDOT Aeronautics related to the use of air space; and

(9) Other local, county, state, and federal permits as may be required.

(E) Meteorological towers.

(1) An interim permit will be issued for a meteorological tower for a period not to exceed 18 months by the City Planning and Zoning Director.

(2) The meteorological tower is subject to the same setback regulations as a WECS.

(3) No tower shall have affixed or attached lights, reflectors, flashers, or any other illumination, except for those required by the Federal Aviation Administration.

(4) Any abandoned or obsolete temporary tower shall be removed within 30 days from the cessation of operation at the site.

(5) The temporary meteorological tower shall be erected to meet all standards for wind resistance and weatherability to not be a safety hazard or nuisance.

(F) Performance standards.

(1) A WECS may not interfere with hospital heliport approach/departure corridors.

(2) The permitted maximum height of a WECS shall be measured from the base if the tower to the highest possible extension of the rotor and shall not exceed 175 feet.

(3) No part of a WECS (including guy wires) shall be located within or above any required front, side, or rear yard setback. WECS towers shall be set back from the closest property line one foot for every one foot of system height.

(4) No rotor blades may extend over driveways, sidewalks, or parking areas and must not be within 12 feet of the ground. The maximum diameter of the rotor shall not exceed 26 feet.

(5) WECS shall not be located within 30 feet of an above ground utility line.

(6) Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure within a 200-foot radius.

(7) Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS operation in high winds (40 mph or greater).

(8) Each WECS shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code.

(9) To prevent climbing by unauthorized people, the tower must comply with one of the following:

(a) Tower climbing apparatus shall not be located within 12 feet of the ground;

(b) A locked anti-climbing device shall be installed on the tower; and

(10) WECS shall have a sign posted at the base of the tower containing the following information:

(a) A high voltage warning;

(b) The manufacturer’s name;

(d) Emergency shutdown procedures; and

(e) This sign must be easily legible and not over four square feet in size.

(11) WECS shall not have affixed or attached any lights, reflector, flasher or any other illumination except for illumination devices required by the FAA.

(12) WECS shall be designed and constructed not to cause radio, television or other communication interference.

(13) Noises created by the operation of the WECS shall be in compliance with and regulated by the State Pollution Control Standards, State Regulations NPC 1 and 2, as amended; and

(14) All electrical equipment and connections shall be designed and installed in compliance with the Electrical Code.

(G) Conditions of permit.

(1) Ornamental wind devices that are not a WECS shall be exempt from this section.

(2) If a WECS is not maintained in operational condition and poses a potential safety hazard or a nuisance, the owner shall be take expeditious action to correct the situation.

(3) Any WECS or tower which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

(4) By the acceptance of the conditional use permit, the owner/operator grants permission to the city to enter the property to assure compliance with all conditions set forth in this section.

(Ord. 176, 3rd Series, passed 5-12-2009) Penalty, see § 152.99

§ 152.05 SEXUALLY-ORIENTED BUSINESS ZONING.

(A) Location prohibitions. Sexually-oriented businesses shall be prohibited in all of the city’s zoning districts, except in the commercial district, as defined and regulated in this chapter, where such businesses shall be permitted, provided, the conditions specified in this code of ordinances are met.

(1) In the commercial district, in which sexually-oriented businesses are permitted uses, the following conditions shall be met prior to a sexually-oriented business being allowed.

(a) Sexually-oriented businesses shall be at least 1,500 feet from any other sexually-oriented business.

(b) Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest point of the actual business premises of any other sexually-oriented business.

1. Any zoned residential area, whether R-1 or R-2 as defined in this chapter;

2. Mobile home parks;

3. Places of worship;

4. Governmental buildings;

5. City/public parks, recreational areas, or open spaces;

6. Schools, public or private;

7. Licensed family day care homes, licensed group family day care homes, licenses child-care or day care centers, licensed development achievement centers, and senior housing complexes; or

8. On-sale liquor establishments.

(2) Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest boundary of the residential use district or the boundary of a mobile home park, or to the nearest property line of the premises used as a school, place of worship, governmental building, city/public park, recreational area or open space, licensed family day care home, licensed group family day care home, licensed child-care or day care center, licensed developmental achievement center, senior housing complex, or on-sale liquor establishment.

(3) The operation, establishment, or maintenance of more than one sexually-oriented business in the same building, structure, or portion thereof, or in the increase of the floor area of any sexually-oriented business in any building, structure, or portion thereof is prohibited.

(B) Sign restrictions. In order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding sexually-oriented businesses, the following sign regulations shall apply to all sexually-oriented businesses in the city in lieu of the provisions of the definitions of “signs” in §§ 152.02 and 152.54.

(1) (a) All signs shall be flat wall signs.

(b) No signs shall be freestanding, located on the roof or contain any flashing lights, moving elements or electronically, or mechanically changing messages.

(c) No sign shall contain any message or image which identifies changing messages which identifies “specified sexual activities” or “specified anatomical areas”, as defined in § 115.03.

(d) The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on a street, but in no event exceeding 32 square feet. The maximum number of signs shall be one per lot frontage.

(e) Signs otherwise permitted pursuant to this section shall contain only:

1. The name of the sexually-oriented business; and/or

2. The specific type of sexually-oriented business conducted on the licensed premises.

(2) Temporary signage shall not be permitted in connection with any sexually-oriented business.

(3) No signs shall be placed in any window.

(4) A one-square foot sign shall be placed on the door to state hours of operation and admittance is restricted to adults only.

(2006 Code, § 11.25) (Ord. 148, 3rd Series, passed 10-24-2003) Penalty, see § 152.99

Cross-reference:

Sexually-Oriented Businesses, see Ch. 115

§ 152.06 NONCONFORMING USES.

(A) Generally. A nonconforming use may be continued subject to the following limitations and such further regulations as the Council may require for securing the purposes of this chapter.

(1) A nonconforming use of land shall not be enlarged or increased in land area, nor shall such nonconforming use be moved to any part of the parcel of land upon which the same was not conducted prior to the adoption of this chapter.

(2) A nonconforming use shall not be changed, unless changed to a conforming or more conforming use; such use shall not thereafter be changed to a nonconforming use.

(3) If any existing nonconforming use of building or land is discontinued for a period of one year it cannot be resumed.

(4) No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than 50% of its value shall be restored except in conformity with the regulations of this chapter.

(5) Alterations may be made to a residential building containing nonconforming residential units when alterations will improve livability of the unit provided the number of dwelling units in the building is not increased.

(B) Necessary restoration. Nothing in this chapter shall prevent the strengthening or restoration of a wall or structural member in a building maintained for nonconforming use when such action is taken pursuant to a land use and zoning permit as hereinafter provided.

(2006 Code, § 11.30) (Ord. 130, passed 12-24-1971) Penalty, see § 152.99

§ 152.07 CONDITIONAL USE PERMITS.

(A) Conditional use permits. Conditional use permits may be issued for any of the following:

(1) Any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter;

(2) Public utility or public service uses or public building in a district when found to be necessary for the public health, safety, convenience, or welfare;

(3) To classify as a conforming use, any institutional use existing in any district at the time of the establishment of such district; or

(4) To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: library; community center; church; hospital; fairgrounds; any institution of any educational, philanthropic or charitable nature; cemetery; mausoleum; or any other place for the disposal of the human dead.

(B) Application.

(1) Application for the issuance of a conditional use permit shall be made to the Planning Commission. Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by application or by the Council or by the Planning Commission. The Planning Commission may hold such hearings on the proposal to issue a conditional use permit as it may consider necessary; but at least one public hearing shall be held on any application for a use permit for the establishment of any use listed in division (A)(4) above.

(2) The Planning Commission shall make a report to the Council upon any application for conditional permit and shall recommend to the Council whatever action it deems advisable; but it shall not recommend the granting of a permit unless it finds that the establishment, maintenance, or conducting of the use for which a use permit is sought will not under the circumstances of the particular use be detrimental:

(a) To the health, safety, morals, comfort, convenience, or welfare of the persons residing or working in the neighborhood of such use;

(b) To the public welfare or injurious to property or improvements in the neighborhood; or

(c) It may designate conditions and require guarantees in the granting of use permits in the manner provided in § 152.09 for the granting of adjustments. Upon receipt of the report of the Planning Commission, the Council may hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant a use permit. If the Council finds that the conditions exist which are necessary under this section before the Planning Commission may recommend the granting of a use permit, the Council may grant the use permit and it may attach to the permit such conditions and guarantees as are provided for in § 152.09 for the granting of adjustments.

(C) Conformance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.

(2006 Code, § 11.40) (Ord. 130, passed 12-24-1971) Penalty, see § 152.99

§ 152.08 THE ADMINISTRATIVE OFFICIAL.

(A) The Mayor is hereby authorized and directed to enforce all the provisions of this chapter. He or she may delegate the enforcement of this chapter to any administrative official of the city, and supporting staff if deemed necessary, who shall be directly under the control of the Mayor and shall be known as the Zoning Administrator or Zoning Enforcement Officer.

(B) The Zoning Administrator shall perform the following duties:

(1) Examine applications. Examine all applications pertaining to use of land, buildings, or structures, and approve same when the application conforms with the provisions of this chapter;

(2) Nonconforming uses. Keep a record of all nonconforming uses;

(3) Inspections.

(a) Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(b) In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance.

(c) The cost of employing said laboratory shall be paid for by the owner if a violation of this chapter is established, otherwise by the city.

(4) Notifications. Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it;

(5) Orders. Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuance of illegal work being done; or take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions;

(6) Recordkeeping. Maintain permanent and current records of this chapter as provided in § 152.25(B), including all maps, amendments, conditional use, and variations;

(7) File maintenance. Maintain a current file of all permits, all certificates, and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property; and

(8) Technical assistance. Provide technical assistance to the Council and Planning Commission.

(2006 Code, § 11.50) (Ord. 130, passed 12-24-1971)

§ 152.09 ADJUSTMENTS AND VARIANCES.

(A) Purpose. The Council, in each case as hereinafter provided, shall have the power to grant adjustments in and exceptions to any of the provisions of this chapter to the extent of the following and no further:

(1) To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application; and

(2) To permit the extension of a district where the boundary line thereof divides a lot in one ownership at the time of the passage of this chapter.

(B) Application.

(1) Application for any adjustment permissible under the provisions of this section shall be made to the Zoning Administrator in the form of a written application for a permit to use the property or premises as set forth in the application. An application for an adjustment shall be accompanied by payment of a fee in such amount as may be set by motion or resolution of the Council from time to time in addition to the regular building fee, if any.

(2) Upon receipt of any application, such officer shall set a time and place for a public hearing before the Planning Commission on such application. At least ten days before the date of the hearing, a notice of the hearing shall be published once in the official newspaper.

(C) Review and decision. The Commission shall thereupon make its decision upon the application and report its recommendation to the Council within ten days after such hearing. In recommending granting any adjustment or variance under the provisions of this section, the Planning Commission shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation involved; and in recommending denial, the Commission shall specify the reasons why the variance cannot be adjusted to meet the purposes of this chapter as to light, air, public health, safety, comfort, convenience, or general welfare.

(D) Issuance.

(1) No permit shall be issued under the provisions of this section unless and until it is ordered by the Council. In reporting its decision to the Council, the Planning Commission shall report its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth the conditions upon which variance is recommended.

(2) Upon receipt of such report, the Council shall by resolution either accept or reject the same and shall either grant or deny the application for the permit according to its own determination of the question involved. In all cases in which adjustments or variances are granted under the provisions of this section, the Council shall require such evidence and guarantees as it deems necessary to ensure compliance with the conditions designated in connection therewith.

(E) Conditions for issuance. The Planning Commission shall not recommend the granting of any application and the Council shall not grant any application unless they find the following facts:

(1) There are special circumstances or conditions affecting the land, building, or use referred to in the application;

(2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights;

(3) The granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; and

(4) At the hearing, the applicant shall present a statement and evidence in such form as the Planning Commission may require, to show these facts.

(F) Form of action taken and record thereof. The Planning Commission and the Council shall provide for a record of their proceedings, which shall include the minutes of their meetings, their findings, and the action taken on each matter heard by them, including final recommendation, decision, and order.

(G) Appeals from the decision of the Council. Any person or persons, or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the Council may seek review by a court of record of such decision, in the manner provided by the laws of the state and particularly by M.S. § 462.357, as it may be amended from time to time.

(2006 Code, § 11.60)

§ 152.10 AMENDMENTS TO THIS CHAPTER.

(A) Purpose. The Council may, on its own motion, or on request of the Planning Commission, or on petition or appeal of the affected property owners:

(1) Transfer land, or a portion thereof, from the district in which it is situated into another district, by amendment to this chapter; and

(2) Change any of the regulations of this chapter as to the use or platting of land in any district, or as to the restrictions upon buildings or structures herein, by amendment to this chapter

(B) Procedure.

(1) An application for amendment shall be filed with the City Administrator in duplicate, accompanied by a fee as determined by the Council. The City Administrator shall forward one copy to the Planning Commission. The Planning Commission may transmit its recommendations on the application to the city within 30 days.

(2) The Planning Commission may transmit its recommendations on the application to the Council within 30 days.

(3) (a) The Planning Commission shall give notice of the time and place of the public hearing.

(b) Notice shall be given not more than 30 days nor less than ten days in advance of the hearings, by publishing a notice thereof at least once in a newspaper published in the city by notifying the owner or owners of the property under consideration, and by notifying by mail at least ten days prior to the meeting the property owners within 300 feet of the subject property.

(c) The current City Assessor’s tax records shall be deemed sufficient for the location or certification of ownership of said properties.

(4) (a) The Council, upon receiving reports of the Planning Commission, and without further public hearing, may vote upon the adoption of any proposed amendment or it may refer it back to the Planning Commission and/or Board for further consideration.

(b) If no recommendation is transmitted by the Planning Commission within 30 days after the hearing, the Council may take action without awaiting such modifications.

(c) In considering such recommendations, due allowance shall be made for existing conditions, for the conservation of property values, for the direction of building development to the best advantage of the entire city, and for the uses to which the property affected is being devoted at the time; and no change shall be recommended unless it is required for the public good.

(d) The amendment shall be effective only if three-fourths of all the members of the Council concur in its passage.

(1) Give the name or names of the petitioner or petitioners, and the petition shall be signed by each of them. The address of each petitioner shall be given;

(2) Specifically describe the area proposed to be rezoned, and give the names and addresses of all owners of property owned by each;

(3) State the present zone classification of the area and the proposed zone classification;

(4) State the present use of each separately owned tract within the area, and the intended use of any tract of land therein, if the petitioners, or any of them, have particular use presently in mind;

(5) Show how the rezoning will fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city; and

(6) Be accompanied by three copies of a map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of such area. The map scale shall be 100 feet to the inch.

(2006 Code, § 11.61) (Ord. 130, passed 12-24-1971)

§ 152.11 ANNEXATIONS.

No annexation petition shall be considered unless and until a hearing has also been petitioned for placing the annexed territory in a zoning district or districts. No land use and zoning permits shall be issued in annexed territory until such hearing has been held and the territory assigned a zoning district or districts.

(2006 Code, § 11.62) (Ord. 14, 3rd Series, passed 5-30-1984) Penalty, see § 152.99