(a)

The zoning administrator and/or building official shall be appointed by the city council.

(b)

Duties of the zoning administrator and/or building official shall be the following:

(1)

To determine if applications are complete and comply with the terms of this chapter.

(2)

To conduct inspections of buildings, sewage systems, and other uses of the land to determine compliance with the terms of this chapter. Electrical inspections and plumbing inspections, if desired or required, shall be the responsibility of the builder to arrange with the State of Minnesota.

(3)

To maintain permanent and current records of this chapter, including, but not limited to, maps, amendments, zoning or use permits, conditional use permits, variances, appeals and applications, certificates of compliance for on-site sewage treatment systems, and a separate file for future conditions or expirations of permits.

(4)

To review, file, and forward applications to the appropriate body for appeals, variances, conditional uses, and zoning amendments.

(5)

To enforce the provisions of this chapter by reviewing complaints and by contacting each party who is violating this chapter and notifying them of the violation. If the violation is not corrected, the building official shall notify the city attorney who shall review the violation and prepare a recommendation for city council consideration.

(6)

To attend meetings and provide research and findings to the board of adjustments and appeals/planning commission.

(7)

To issue building permits/zoning permits upon application for structures on lots conforming to this chapter when the conditions of this chapter are met; to issue conditional use permits when directed by the planning commission; to issue notices of a zoning change when directed by the city council; and to issue certificates of compliance for conforming on-site sewage treatment systems.

(8)

To mail a copy of the findings to the applicant.

(9)

To communicate with the DNR where required by this chapter, including notice and findings of all conditional use permits, variances, zoning changes, and plats within shorelands.

(10)

To administer the local duties of the environmental review program as defined in section 109-3.

(11)

To make an annual report of all zoning activities to the city council.

(c)

The zoning administrator/building official and his or her duly authorized deputies shall have the right to enter onto privately owned property within the city with the authorization of the owner or after attempt of authorization and/or court order at all reasonable times in the necessary pursuit of their duties.

(Code 2000, § 154.125; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

(a)

The board of adjustments and appeals shall consist of the members of the planning commission, and shall hold its meeting concurrently with the planning commission meetings on a monthly or more frequent basis at the discretion of the chair.

(b)

Duties of the board of adjustments and appeals are as follows:

(1)

To review applications for variances, conduct public hearings in accordance with the provisions of this chapter, and make recommendations to the city council within the required time frame, with findings of fact to explain the basis for the decision.

(2)

To review within the required time frame any and all appeals from the action of the zoning administrator/building official and make recommendations to the city council.

(3)

To keep a record of its proceedings, notifications, and the findings for its actions.

(Code 2000, § 154.126; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

State Law reference— Board of adjustments and appeals, Minn. Stats. § 462.357, subd. 2.

(a)

Established. The planning commission shall be the board appointed by the city council as provided in Minn. Stats. § 462.354, as it may be amended from time to time.

(1)

The mayor, with the approval of the council, shall appoint a planning commission of five members. Two members shall be a city councilmember, at least two members shall be a City of Walker resident and one member may be a property owner in the city limits.

(2)

Commission members shall be appointed for a term of three years. A commission member shall not be eligible to serve more than three consecutive three-year terms except in the case of elected members appointed by the city council shall not have a term limit. Terms of office shall be staggered so that at least two, but no more than three, commission members' terms of office expire each year. A member's appointment will be terminated 30 days after a respective property interest expires. Vacancies shall be filled for the remainder of the original term. In the case that the city receives no qualified applicants and a member whose term has expired is interested in remaining on the commission the mayor, with the approval of the council may re-appoint until at which time the city receives a qualified applicant for the seat.

(3)

The commission shall meet at least once a month.

(4)

The commission shall elect a chair and vice-chair from its members.

(b)

Duties. Duties of the planning commission under this chapter shall be the following:

(1)

To hold hearings after proper public notices in the official newspaper and individual notice by regular mail of any property owners within 350 feet of any land proposed to be used in any manner or for any purpose for which a conditional use permit, amendment, or rezoning is required by this chapter. Such notices shall be given at least ten days before the hearing date.

(2)

To provide within the required time frame the following:

a.

Recommendation to the city council regarding requested zoning district boundary changes or amendments to this chapter.

b.

Review and recommend for approval or denial of proposed preliminary plats or proposed preliminary CIC plats and recommendations on final plats and final CIC plats to the city council.

c.

Review and recommend for approval or denial of all metes and bounds property divisions within the city to the city council.

d.

Review and make recommendations for approval or denial of requests for conditional use permits, and explanations for the basis for the decision in findings to the city council.

e.

Periodical review of the zoning map and this chapter to determine their role in shaping the growth of the community and to recommend changes to the city council of these documents to guide growth and current land use toward the goals of the comprehensive plan.

f.

Recommend on a timely basis that the city council review the comprehensive plan when appropriate.

(3)

To keep a record of its proceedings, notifications, and the findings of fact for its actions.

(c)

Attendance of members. It shall be the duty of each individual member to be present at all meetings of the planning commission and board of adjustments and appeals. More than three absences in any one-year period may be grounds for replacement by the city council.

(Code 2000, § 154.127; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012; Ord. No. 2015-01, 12-7-2015; Ord. No. 2020-07, 1, 12-17-2021)

The city council shall have the following duties under this chapter:

(1)

To appoint the zoning administrator/building official by a majority vote or terminate him or her by a four-fifths vote.

(2)

To appoint the board of adjustments and appeals and planning commission members by majority vote or to remove members by a four-fifths vote.

(3)

To decide to accept, modify, or reject within the required time the following:

a.

Recommendations from the planning commission for changes in zoning district boundaries or amendments to this chapter.

b.

Recommendations from the planning commission for acceptance of final plats, CIC plats, or other recommendations.

c.

Recommendations of the planning commission on conditional use permits, preliminary plats and preliminary CIC plats, and lot splits; and recommendations of the board of adjustments and appeals on variances and appeals from the action of the zoning administrator/building official. Confirmation shall take place at the regular council meeting following the planning commission or board of adjustments and appeals action.

(4)

To instigate an appeal proceeding upon review of the planning commission or board of adjustments and appeals actions if it find the said actions to deviate from this chapter. Said instigation shall be started at the next normal council meeting following the planning commission or board of adjustments and appeals action. All original parties shall be notified by mail of the appeal hearing.

(Code 2000, § 154.128; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

Conditional use permits shall be issued to the property for structures or other specified uses upon approval by the city council after a public hearing.

(1)

Procedures.

a.

All applications for a conditional use permit shall be submitted to the zoning administrator not less than 30 days ahead of the hearing date, accompanied by the required submission, "Walker Land Use Application Form and Checklist," adopted herein by reference and available for inspection in the office of the administrator/city clerk-treasurer, along with the appropriate fee.

b.

The fee or contract owner of the property shall sign the application.

c.

The zoning administrator shall notify all property owners within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. He or she shall send the same notice postmarked at least ten days in advance of the hearing to the DNR if the proposed use is in shorelands.

d.

At the applicant's option, the proposer may request a sketch plan review with no action by the planning commission and with no fee by giving at least five days notice thereof to the zoning administrator if meeting time permits.

(2)

Submissions for CUP. As a minimum, the following items shall be submitted:

a.

A legal description of the site.

b.

A site plan drawn to scale showing parcel and existing building dimensions and ten-foot minimum contours and surface water features.

c.

The location of all existing and proposed buildings and their square footage. All proposed buildings shall be staked on-site.

d.

Existing and proposed curb cuts, driveways, access roads, parking, off-street loading, and sidewalks.

e.

Proposed landscaping and screening plans.

f.

A proposed drainage plan.

g.

Proposed and existing sanitary sewer and water supply plans with estimated usages on peak day.

h.

Soil data.

i.

Proposed signing and lighting.

j.

A current survey showing existing iron pipe boundary monuments marked with proof of survey. Stakes shall be visible on-site.

k.

Proof of ownership.

(3)

Evaluation criteria. A thorough evaluation of the proposal, the water body, and the topographic, vegetation, and soil condition on the site must be made to ensure:

a.

The prevention of soil erosion or other possible pollution of public waters both during and after construction.

b.

The visibility of structures and other facilities as viewed from public waters is limited.

c.

The site is adequate for water supply and on-site sewage treatment if necessary.

d.

The types, uses, and numbers of watercraft the project will attract are compatible in relation to the suitability of public waters to safely accommodate those watercraft.

e.

The use or development is an appropriate conditional use in the land use zoning district.

f.

The use or development with conditions conforms to the comprehensive plan for land use.

g.

The use with conditions is compatible with the existing neighborhood.

h.

The use with conditions would not be injurious to public health, safety, decency, order, comfort, convenience, appearance, or prosperity.

(4)

Additional conditions. In permitting a new conditional use or alteration of an existing conditional use, the planning commission may recommend the imposition, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the planning commission considers necessary to protect the best interest of the surrounding area or the city as a whole. The conditions must be related to the application before the planning commission and must have a relationship to the protection of the health, safety, and welfare of the community. These conditions may include, but are not limited to, the following:

a.

Increasing the required lot size or yard dimension.

b.

Limiting the height, size, or location of buildings.

c.

Controlling the location and number of vehicle access points.

d.

Increasing the street width.

e.

Increasing the number of required off-street parking spaces.

f.

Limiting the number, size, location, or lighting of signs.

g.

Requiring diking, fencing, screening, landscaping, or other steps to protect adjacent or nearby property.

h.

Designating sites for green space.

(5)

Council decision. The council shall confirm or reverse the recommendation at their next regular meeting.

(6)

Report to DNR. The findings and determinations shall be provided to the DNR postmarked within ten days, if in shorelands.

(7)

Transferability. Conditional use permits shall be transferable to new property owners except as provided in the home occupation section.

(8)

Violations. Violations of the conditions of the terms of a conditional use permit shall cause the zoning administrator to notify the property owner of the violation providing an appropriate amount of time to correct the violation of the terms of the conditional use permit (not to exceed 60 days). Failure to comply after proper notification from the zoning administrator shall cause a public hearing to be called before the planning commission where they may re-affirm the conditional use permit or void the permit.

(9)

Permit expiration and extensions. Failure by the owner to act in reliance on a conditional use permit within six months or failure to complete the work under a conditional use permit within one year, unless extended by the planning commission, shall void the permit. A second extension shall require a new public hearing. This provision shall apply to any conditional use permit outstanding at the time of the adoption of the ordinance from which this chapter is derived except planned unit developments.

(10)

Costs. The applicant shall be responsible for all the city's professional costs in reviewing the proposal, including, but not limited to, legal, engineering, planning, and financing assistance.

(Code 2000, § 154.129; Ord. of 10-8-1998)

State Law reference— Conditional use permits, Minn. Stats. § 462.3595.

(a)

Variances shall be decided within the required time frame with consideration for the following:

(1)

The applicant establishes that there are practical difficulties, as defined in this chapter, in complying with the official control;

(2)

The plight of the landowner is due to circumstances unique to the property not created by the landowner;

(3)

The deviation from the chapter with any attached conditions will still be in harmony with the general purposes and intent on the chapter and the comprehensive plan;

(4)

The variance will not alter the essential character of the locality;

(5)

The variance is not for economic reasons alone;

(6)

Variances shall not allow or create a use not provided for in a zoning district; and

(7)

The board of adjustments and appeals may recommend the imposition of 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.

(b)

Variances shall run with the land and are transferable with the real estate to a new owner.

(c)

Variances shall be issued for structures as approved by the city council following a recommendation from the board of adjustments and appeals after a public hearing. All applications for a variance shall be submitted to the zoning administrator not less than 30 days ahead of the hearing date, accompanied by a complete drawing to scale showing the details of the proposal and an accurate legal description, and a completed Walker Land Use Application Form along with the appropriate fee. The fee or contract owner or his or her authorized agent shall sign the application. The administrator shall notify all property owners within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. He or she shall send the same notice to the DNR postmarked at least ten days prior to the date of the hearing, if the proposed use is in shorelands. At his or her option, the proposer may request a sketch plan review with no action taken by the board of adjustments and appeals and with no fee by giving five days notice thereof to the zoning administrator if meeting time permits. The zoning administrator shall provide the findings and determination to the DNR postmarked within ten days, if in shorelands.

(d)

Submissions for a variance shall be determined by the zoning administrator and shall include, as a minimum, the items listed in section 109-47(2) and other information deemed necessary by the zoning administrator.

(e)

The council shall review any recommendation of the board of adjustments and appeals at their next regular meeting.

(f)

Failure by the owner to act in reliance on the variance within six months or failure to complete the work under a variance within one year unless extended by city council shall void the variance. A second extension shall require a new public hearing. This provision shall apply to any variance outstanding at the time of the adoption of the ordinance from which this chapter is derived.

(g)

Appeals from the action of the city council in district court shall be made pursuant to the provisions of Minn. Stats. § 462.361, as it may be amended from time to time.

(h)

Violation of the conditions on a variance shall cause the zoning administrator to notify the property owner of the violation providing an appropriate amount of time to correct the violation of the terms of the variance (not to exceed 60 days). Failure to comply after proper notification from the zoning administrator shall cause a public hearing to be called before the board of adjustments and appeals where they may re-affirm the variance or void the permit.

(Code 2000, § 154.130; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

State Law reference— Variances, Minn. Stats. § 462.357, subd. 6.

(a)

Permits.

(1)

Zoning/building permits shall be issued for all new structures and any change in structure exterior dimensions or number of bedrooms, and any construction or repair of sewage systems, and any grading and filling in shorelands not exempted by this chapter. No person shall assemble, install, remove, or construct any structure prior to applying for and receiving a building permit. In order to obtain a permit for any improvement of any type, it shall be necessary to upgrade or replace any nonconforming sewage treatment to meet the standards for conforming systems.

(2)

Where a proposed use requires action of the board of adjustments and appeals, planning commission, or council, or posting of financial security, or filing of a restriction with the county recorder, said action shall occur and the conditional use permit, variance, zoning district change, final plat plan approval, or approval of metes and bounds division shall be issued and/or security posted or restriction filed before the zoning permit is issued.

(3)

The zoning/building permit application shall contain the legal description of the property and signature of the fee or contract owner of the property or his or her authorized agent. Lot corners shall be visible on the lot. The zoning administrator/building official may require a new survey when stakes are not visible or have been removed through erosion, construction, or other action, and a new certificate with existing and record dimensions. Where a restriction is required by this chapter, evidence that such a restriction has been recorded shall be provided to the zoning administrator prior to permit issuance by the city.

(4)

Unless extended by the zoning administrator/building official, where a zoning/building permit has been issued but no action in reliance on it has occurred within 12 months, the zoning/building permit shall be null and void. The time limits may be extended by the zoning administrator/building official for good cause. A second extension shall require a new fee.

(5)

Granting of a zoning/building permit shall not be considered a statement of compliance with regional, state, or federal codes, statutes, or laws, or approval of the design of the structure or accessories, or a description or survey of the property. Subsequent actions of the zoning administrator/building official shall not be considered acceptance of structural components or workmanship, but rather shall be for the purpose of determining general compliance with this chapter.

(6)

If the zoning administrator/building official determines in writing that any violation of the permit or any section of the chapter has occurred, the permit shall immediately become null and void. Such a determination shall be appealable to the board of adjustments and appeals which shall consider the matter at its next meeting and make a recommendation to the city council.

(b)

Fees. The council shall adopt a schedule of fees from time to time for all permits. No permit shall be issued, or request brought before the board of adjustments and appeals or planning commission, until the fees are paid. All late applications or after the fact applications shall require an additional fee whether the permit is issued or not.

(Code 2000, § 154.131; Ord. of 10-8-1998; Ord. No. 2012-04, 2-6-2012)

The failure of any officer of the city or board or employees of the city to act pursuant to this chapter, except as an individual acting in his or her own behalf, shall not be an offense and shall not subject the officer, board, or employee to any penalty except that provided for under performance of city personnel under the city personnel policies. The city shall not be liable for problems arising from reliance on lot corners, legal descriptions, or other information provided by the property owner.

(Code 2000, § 154.132; Ord. of 10-8-1998)

In the event of a violation or threatened violation of any provision of this chapter or the conditions of any permit issued pursuant to the chapter, the city, in addition to other remedies, may act or institute action to prevent, restrain, correct, or abate such violation or threatened violation.

(Code 2000, § 154.133; Ord. of 10-8-1998)

State Law reference— Equitable relief authorized, Minn. Stats. § 462.362.

(a)

Purpose and intent. An interim use is a temporary use of property until:

(1)

A particular date or until the occurrence of a particular event;

(2)

Until zoning regulations no longer permit it.

(b)

Procedure.

(1)

Existing uses. Uses defined as interim uses which presently exist and which were legally established within a respective zoning district shall be considered approved.

(2)

New uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by section 109-47.

(c)

General standards. An interim use shall comply with the following:

(1)

Existing uses. Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future.

(2)

New uses.

a.

Conforms to all zoning regulations as otherwise applicable;

b.

The date or event that will terminate the use can be identified with certainty;

c.

The existence 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; and

d.

The user agrees to any conditions that the city council deems appropriate for permission of the use.

(d)

Existing uses and new uses. Existing uses and new uses:

(1)

Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development.

(2)

Conforms with all performance standards contained in the zoning ordinances (i.e. parking, loading, noise, and the like.)

(3)

Shall have no detrimental effect upon the property values or general health, safety and welfare of the surrounding uses and property owners.

(4)

Traffic generated by the use does not overburden or exceed the capabilities of streets and other public services and facilities, including parks, schools, streets and utilities serving the area.

(e)

Termination. An interim use shall terminate upon any of the following events, whichever first occurs:

(1)

The date stated in the permit or ordinance;

(2)

Upon violation of conditions under which the permit was issued;

(3)

Upon change in the city's zoning regulations which render the use nonconforming;

(4)

The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district.

(Code 2000, § 154.134; Ord. No. 2013-02, 12-2-2013)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

Failure to receive notice called for by this chapter shall not invalidate any action taken by the city so long as the city acted reasonably in its attempt to provide such notice.

(Code 2000, § 154.012; Ord. of 10-8-1998)

Pursuant to authority granted by Minn. Stats. § 462.3593, subd. 9, the City of Walker opts out of the requirements of Minn. Stats. § 462.3593, which defines and regulates temporary family health care dwellings.

(Ord. No. 2016-08, § 1, 8-1-2016)