The specific duties of the zoning officer include:

(1)

Providing zoning information upon request.

(2)

Receiving applications for conditional use permits, variances, amendments and appeals, referring such applications to the appropriate official body, notifying affected property owners of required public hearings, and publishing notice of such hearings.

(3)

Notifying applicants for conditional use permits, variances, amendments and appeals of actions taken by the official bodies relative to their applications.

(4)

Periodically inspecting buildings, structures, and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the zoning officer may require the services of a testing laboratory to determine compliance. The cost of employing such laboratory shall be paid for by the owner if a violation of this chapter is established, otherwise by the city.

(5)

Investigating violations, notifying persons accused of violations and describing the nature of such, and initiating appropriate actions against violators as provided by law.

(6)

Maintaining permanent and current records of this chapter and the official zoning map including but not limited to special use permits, variances, amendments, appeals and applications therefor.

(7)

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 other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 193, § F(1), 12-28-93)

M.S.A. § 462.354 requires any municipality having in effect a zoning ordinance to provide by ordinance for a board of appeals and adjustments. Such statute also states that the governing body may provide alternatively that there be a separate board of appeals and adjustments or that the governing body, the planning commission, or a committee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. The board may be given such other duties as the governing body may direct.

(Ord. No. 193, § F(2), 12-28-93)

The city council is hereby established as the required board of appeals and adjustments, such board to be hereinafter referred to as the board of appeals or the board. The city council, acting as the board of appeals, shall be vested with such administrative authority as is hereinafter provided or as provided by state law.

(Ord. No. 193, § F(2A), 12-28-93)

The duties of the board of appeals shall be to:

(1)

Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the zoning officer.

(2)

Hear and decide requests for variances from the literal provisions of this chapter.

(3)

Interpret the meaning of this chapter in cases of ambiguity and to make rulings with respect to the application of the ordinances.

(Ord. No. 193, § F(2B), 12-28-93)

(a)

The board of appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may request the attendance of witnesses. All meetings shall be open to the public.

(b)

The board of appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the clerk-treasurer.

(Ord. No. 193, § F(2C), 12-28-93)

(a)

Appeals to the board of appeals may be taken by any person aggrieved or affected by any decision of the zoning officer. Such appeals shall be taken within five business days of the service of such decision (by personal delivery or mail) by filing with the zoning officer a notice of appeal specifying the grounds therefore. The zoning officer shall forthwith transmit to the planning commission all papers constituting the record upon which the action appealed from was taken.

(b)

In accordance with city Code section 62-76(3), the planning commission shall have a reasonable opportunity to review and report to the board upon the appeal or petition.

(c)

The board shall fix a reasonable time for hearing of the appeal after review and recommendation by the planning commission, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

(Ord. No. 193, § F(3), 12-28-93; Ord. No. 415, § 2, 11-26-19)

Planning commission duties in zoning administration shall be to:

(1)

Hold public hearings on applications for amendments to this chapter. The commission shall not have the authority to make changes or amendments to this chapter, it shall act in a purely advisory manner to the city council making its recommendation in all cases referred to it, and transmitting them to the city council for final action.

(2)

Consider applications for conditional use permits provided for within this chapter and to transmit its recommended action to the city council for final action.

(3)

Consider applications for variances and appeals and to transmit a recommendation to the board of appeals.

(Ord. No. 193, § F(4), 12-28-93)

Hereafter no person shall erect, alter, remodel, wreck or move any kind of a structure, building or part thereof without first securing a building permit from the city.

(Ord. No. 193, § F(5.1), 12-28-93)

Hereafter, no new building or addition, and no land whose use has been changed, shall be occupied other than for a public utility use until a certificate of occupancy has been issued stating that the new occupancy complies with all applicable ordinances.

(Ord. No. 193, § F(5.2), 12-28-93)

Each application for a building permit shall be accompanied by the following exhibits unless waived by the zoning officer:

(1)

Boundary survey of an area including the property in question and 100 feet beyond its outer boundaries showing existing utilities, lot boundaries and dimension, buildings and easements. Foliage, topography, waterways and soil boring are to be included if pertinent.

(2)

Plot plan or certificate of survey indicating location, size and place of proposed structure and yards, parking and loading facilities, vehicular access and egress and utility plan including surface drainage.

(Ord. No. 193, § F(5.3), 12-28-93)

The procedure for applying for a building permit shall be as follows:

(1)

The property owner or his agent shall meet with the zoning officer to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the complete application form, together with the required exhibits including building plans, with the zoning officer or building official.

(3)

The building official shall review application and plans and determine their compatibility with the building code and ordinances.

(4)

The zoning officer determines the permit fee and collects the fee from the applicant. The building permit will then be issued if the proposed project complies with the provisions of this chapter.

(Ord. No. 193, § F(5.4), 12-28-93)

(a)

If the work described in any building permit has not begun within 90 days from the date of issuance thereof, such permit shall expire; it shall be canceled by the zoning officer and written notice thereof shall be given to the persons effected.

(b)

If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, or if no work has been done on the building for 90 days, such permit shall expire and be canceled by the zoning officer, and written notice thereof shall be given to the persons effected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(Ord. No. 193, § F(5.4), 12-28-93)

For discontinuance of illegal use of land, buildings or structures refer to section 62-31(7).

(Ord. No. 193, § F(5.6), 12-28-93)

Before a building or premises is devoted to any use classified under conditional uses in this chapter, a conditional use permit must be granted by the city council following a recommendation by the planning commission.

(Ord. No. 193, § F(7.1), 12-28-93)

The following exhibits shall be required for a conditional use permit:

(1)

The boundary survey and plot plan as required for building permit applications.

(2)

Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of such buildings.

(Ord. No. 193, § F(7.2), 12-28-93)

The procedure for obtaining a conditional use permit is as follows:

(1)

The property owner or his agent shall meet with the zoning officer to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning officer and shall pay the required filing fee.

(3)

The zoning officer shall transmit the application and exhibits to the planning commission and shall place such matter on the next planning commission agenda.

(4)

The planning commission shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and within 45 days of filing shall recommend one of three actions: approval, denial, or conditional approval. The planning commission may hold such public hearings as it may consider necessary on a proposal for a conditional use permit.

(5)

The planning commission shall transmit its recommendation to the city council for its official action.

(6)

The city council shall act on the application within 45 days after receiving the recommendation of the planning commission.

(Ord. No. 193, § F(7.3), 12-28-93)

A conditional use permit may be granted by the city council after demonstration by evidence that:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare.

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.

(5)

Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

The planning commission may recommend, and the city council may stipulate such, conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.

(Ord. No. 193, § F(7.4), 12-28-93)

(a)

Where a conditional use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the planning commission or the city council unless work thereon commences within one year of the date of granting such conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(b)

Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. The property owner shall be notified in advance of the city council's review of the permit.

(c)

Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit.

(Ord. No. 193, § F(7.5), 12-28-93)

Uses authorized by conditional permit under this section shall not be deemed a nonconforming use, but shall without further action be considered a conforming use, but only in accordance with the conditions set forth in the conditional use permit.

(Ord. No. 193, § F(7.6), 12-28-93)

A variance from this chapter may be requested only by the owner of the property or the owner's approved representative to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district. Variations from the provisions of this chapter may be granted by the board of appeals where practical difficulties in complying with such provisions are determined to exist. The board may impose such restrictions and conditions upon the premises benefited by a variance as it considers necessary so that the public health, safety and general welfare may be secured and substantial justice done.

(Ord. No. 368, § 1, 1-24-12)

The following exhibits shall be required for a variance:

(1)

A completed application form signed by the fee owner of the property or by the fee owner's authorized representative;

(2)

The certificate of survey of the property;

(3)

A preliminary site development plan which includes a utility plan, grading and erosion control plan, a lighting plan, a signage plan, and a landscaping plan;

(4)

Evidence of ownership of the property or enforceable option to purchase the property;

(5)

All necessary information to fully describe the nature of the request and use, its operation and intensity, location on the site, affect on abutting and adjacent properties and site improvements necessary to conduct the use;

(6)

Any other information that may be required by the city to evaluate the application.

(Ord. No. 368, § 2, 1-24-12)

The procedure for applying for a variance from the regulations of this chapter shall be as follows:

(1)

The property owner or his agent shall meet with the zoning officer to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form, together with the required exhibits, with the zoning officer and shall pay the required filing fee.

(3)

Upon acceptance of the application as complete, the zoning officer shall set the date for a public hearing. Public hearings on the granting of variances shall be held in the manner provided in M.S.A. § 462.357, Subd. 3. The zoning officer shall transmit the application and required exhibits to the planning commission.

(4)

The planning commission shall consider application for variance and shall recommend to the board of appeals one of three actions-approval, denial, or conditional approval.

(5)

The board of appeals may hold such public hearings as it may consider necessary on a proposed variance.

(Ord. No. 368, § 3, 1-24-12)

A variance may be granted if all of the following criteria are met:

(1)

Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.

(2)

When 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 this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(3)

The purpose of the variance is not based upon economic considerations alone.

(4)

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

(5)

The variance, if granted, will not alter the essential character of the locality.

(6)

Variances shall be granted for each sheltered construction as defined in M.S.A. § 216C.06, Subd. 14, when in harmony with this chapter.

(Ord. No. 368, § 4, 1-24-12)

The violation of any written condition shall constitute a violation of this chapter. It is a condition of every variance that the property for which the permit is issued not be subdivided or the lot lines of the property altered. A variance, except a variance approved in conjunction with platting, shall become void within one year following issuance unless substantial action has been taken by the petitioner in reliance thereon.

(Ord. No. 368, § 5, 1-24-12)

Variances may be denied by the board of appeals and such denial shall constitute a finding and determination that the conditions required for approval do not exist.

(Ord. No. 368, § 6, 1-24-12)

Each application shall include the appropriate fees. Fees shall be in an amount determined by the city council from time to time.

In addition to the application fee, the applicant for plan review must also pay all costs incurred by the city including city staff time, legal, engineering, administrative, building inspection services, and services of other persons or entities employed or contracted by the city for, or in any way involved in, the review and inspection of the application for compliance with this chapter. Under no condition shall the fee be refunded for the failure of the city to approve the applicant's request. All charges incurred for this review shall be the sole responsibility of the applicant.

(Ord. No. 368, § 7, 1-24-12)

This chapter may be amended, changed or altered only by a favorable (two-thirds) majority vote of all members of the city council, and only after a public hearing has been duly advertised and held by the planning commission.

(Ord. No. 193, § F(8.1), 12-28-93)

An amendment to this chapter may be one of the following:

(1)

A change in a district's boundary (rezoning).

(2)

A change in a district's regulations.

(3)

A change in any other provision of this chapter.

(Ord. No. 193, § F(8.2), 12-28-93)

Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(1)

By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed.

(2)

By recommendations of the planning commission.

(3)

By action of the city council.

(Ord. No. 193, § F(8.3), 12-28-93)

Required exhibits for rezoning or district regulation changes initiated by property owner:

(1)

The boundary survey and plot plan as required for building permit applications.

(2)

Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of such buildings.

(3)

A list of all property owners within the affected area and within 350 feet of the outer boundaries of the subject area.

(Ord. No. 193, § F(8.4), 12-28-93)

The procedure for a property owner to initiate a rezoning or district regulation change applying to his property is as follows:

(1)

The property owner or his agent shall meet with the zoning officer to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning officer and shall pay the required filing fee.

(3)

The zoning officer shall transmit the application and required exhibits to the planning commission. Written notice of the public hearing shall be mailed at least ten days before the date of the hearing to the property owners within the affected zone and within 350 feet of the outer boundaries of the area in question; however, failure of any property owner to receive notification shall not invalidate the proceedings.

(4)

The zoning officer shall have notice of the required public hearing published in the official municipal newspaper not less than ten calendar days prior to the date of the hearing.

(5)

The planning commission shall hold the public hearing and shall, within 45 days of filing, recommend one of three actions: approval, denial or conditional approval.

(6)

The planning commission shall transmit its recommendation to the city council for its official action.

(7)

The city council shall act upon the application within 45 days after receiving the recommendation of the planning commission.

(Ord. No. 193, § F(8.5), 12-28-93)

(a)

Fees for building permits, variances, conditional use permits and amendments shall be established from time to time by resolution of the city council.

(b)

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. There shall be no fee in the case of applications filed in the public interest by the city council or by the planning commission.

(Ord. No. 193, § F(8), 12-28-93)

(a)

Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $700.00 or imprisoned for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense.

(b)

The owner or tenant of any building, structure, premises or part thereof, and any builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 193, § F(10), 12-28-93)

All ordinances, rules, regulations, decisions or orders made by the city council or the board of appeals and adjustments acting pursuant to this chapter shall be final. Any person aggrieved by an ordinance, rule, regulation, decision or order of the city council or the board of appeals and adjustments acting pursuant to this chapter shall have the right to appeal such ordinance, rule, regulation, decision, or order reviewed in a court of competent jurisdiction, in accordance with the provisions of state law, including Minn. Stats. § 462.361, within 30 calendar days after actual notice of the adoption of ordinance, rule, regulation, decision or order is provided to the aggrieved person.

(Ord. No. 193, § F(11), 12-28-93; Ord. No. 418, § 1, 1-28-20)

In addition to the general purposes stated in this chapter, it is intended that the interim use permit procedures allow flexibility in the use of land or structures in the city when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety, and welfare. An interim use is a temporary use of property until a particular date, until the occurrence of a particular event or until zoning regulations no longer permit such use. The use must cease upon termination of the permit.

(Ord. No. 290, § 2, 11-28-06)

The information required and the procedure to be followed for all interim use permit applications shall be the same as that required for a conditional use permit as provided for in this chapter.

(Ord. No. 290, § 2, 11-28-06)

An interim use shall terminate on the happening of any of the following events, whichever comes first:

(1)

The date stated in the permit.

(2)

Upon violation of the condition under which the permit was issued.

(3)

Upon change in the city's zoning regulations that render the use nonconforming.

(4)

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

Upon termination, an interim use shall subside and the user shall return the property to its original state. As a condition of approval, the city may request a deposit in the form of a cash escrow or letter of credit for security purposes to return the site to its prior condition.

(Ord. No. 290, § 2, 11-28-06)

(a)

The interim use must meet or exceed the performance standards set forth in this chapter and other applicable provisions of this Code.

(b)

The use is an interim use in the respective zoning district.

(c)

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

(d)

The use will not impose additional unreasonable costs on the public.

(e)

The user agrees to any conditions that the city council deems appropriate for permission of the use. Such conditions shall be set forth in a resolution approved by the city council.

(Ord. No. 290, § 2, 11-28-06)

In permitting a new interim use permit, or amending an existing interim use permit, the planning commission may recommend and the city council may impose, in addition to the standards sand requirement expressly specified by this Code, additional conditions that the planning commission or city council consider necessary to protect the best interest of the surrounding area or the community as a whole, to protect the value of other property, and to achieve the goals and objectives of the comprehensive plan. These conditions may include but are not limited to the following:

1.

Increasing the required lot size or yard dimensions.

2.

Limiting the height, size, or location of building.

3.

Controlling the location and number of vehicular access points.

4.

Increasing the street width.

5.

Increasing the number of required off-street parking spaces.

6.

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

7.

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

(Ord. No. 290, § 2, 11-28-06)

Interim uses include any uses stated as a conditional use in each zoning district of this Code.

(Ord. No. 290, § 2, 11-28-06)

An interim use permit may be revoked if: (1) the property is found to be in violation of the conditions listed in the interim use permit, or (2) if access to the property for purpose of making an inspection is denied. Prior to revocation the user shall be informed of the alleged violation and the city council shall hold a public hearing after at least ten days written notice to the user.

(Ord. No. 290, § 2, 11-28-06)