(a)

The community development director is the zoning administrator.

(b)

The zoning administrator shall enforce this chapter and be responsible for the following functions:

(1)

Review all matters pertaining to applications and enforcement of this chapter.

(2)

Review building permits to ensure for proper zoning and approve other permits, and make and maintain records thereof.

(3)

Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter.

(4)

Maintain permanent and current records of this chapter, including but not limited to: all maps, amendments, conditional uses, variances, appeals, and applicants therefore.

(5)

Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

(6)

Notify in writing persons responsible for violations, indicating the nature of the violation and the action necessary to correct it.

(7)

Institute, in the name of the city, any appropriate actions or proceedings against a violator as provided for in this chapter.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

State Law reference— Authority for municipal enforcement and imposition of penalties, Minn. Stat. § 462.362.

(a)

A board of appeals and adjustments is established. It shall consist of the city council and is vested with such administrative authority as provided in this chapter.

(b)

The board of appeals and adjustments shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by the zoning administrator. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the city. The board of appeals and adjustments shall also have the power to grant variances to the provisions of this chapter under certain conditions indicated in article II, division 6. No use variances (a use different than that allowed in the zoning district) shall be issued by the board of appeals and adjustments.

(c)

Meetings by the board of zoning appeals shall be held within such time and upon such notice to interested parties as is provided in this ordinance and its adopted rules for the transaction of its business. Any party may appear at the meeting in person or by agent or attorney. The board shall make no decision on an appeal or petition until the planning commission or a representative authorized by it has had reasonable opportunity to review and report to the board of appeals and adjustment and upon the appeal or petition. The board shall within a reasonable time make its order deciding the matter in accordance with state statutory deadlines and shall serve a copy of such order upon the appellant or petitioner by mail. The board shall, after receiving a request for a variance, either refer the proposed variance to the planning and zoning commission for review or make its order deciding the matter in accordance with state statutory deadlines and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the meeting in person or by agent or attorney.

(d)

The board of zoning appeals and adjustments may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination as the board decides in its opinion ought to be made and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. A vote of the majority of the board of zoning appeals shall be necessary to reverse any decision of an administrative official of the city or to decide in favor of the applicant. The board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

State Law reference— Zoning board of adjustments and appeals, M.S. § 462.354, subd. 2; appeals, M.S. § 462.354, subd. 6.

The planning and zoning commission shall provide assistance to the city council and zoning administrator in the administration of this chapter and the recommendation of the planning and zoning commission shall review and make recommendations to the city council on all applications consistent with chapter 17, article II.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

All proposed subdivisions, rezonings, planned unit developments, conditional use permits and/or site plan reviews may require a development agreement between the city and developer and/or landowner specifying the improvements required and any other matter pertaining to the proposed development at the sole discretion of the city.

(Ord. No. 1854, § 1854.01, 6-27-2012)

No re-application by a property owner for a zoning ordinance or map amendment, conditional use permit, site and building plan review and/or variance shall be submitted to the city within a 12-month period following a denial of such a request, except the city council may permit a new application or reconsideration if, in the opinion of the city council, new evidence or change of circumstances warrants it.

(Ord. No. 1854, § 1854.01, 6-27-2012)

Within the districts established by this chapter or amendments that may later be adopted, there may exist lots, structures and uses of land, which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

Except as otherwise provided by law, any nonconformity, any structure or use existing on April 14, 1971 or on the effective date of the adoption of an amendment to this chapter which does not conform to the provisions of this chapter may be continued, including repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:

(1)

The nonconformity is discontinued for a period of more than 12 months; or

(2)

A nonconforming structure is damaged by fire or other peril to the extent of more than 50 percent of its estimated market value as indicated by the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, reasonable conditions may be imposed upon a zoning or building permit to mitigate any newly created impacts on adjacent properties or water bodies.

The owner shall provide a value estimate to restore the structure to minimum code standards. The value estimate shall include all costs related to the restoration including but not limited to the cost of all materials, labor and services. The percent of market value damage shall be established by the city.

(b)

No such use or structure shall be expanded or enlarged except in conformity with the provisions of this chapter. Any further use shall be in conformity with the regulations of this chapter.

(c)

Normal maintenance of a nonconforming use and structure is permitted. Maintenance may include necessary nonstructural repairs and incidental alterations which do not enlarge or intensify the nonconforming use.

(d)

Buildings found to be nonconforming only by reason of height or setback requirements may be exempt from the provisions of this section.

(e)

The enforcing officer may conduct an inspection on a periodic basis of any or all nonconforming uses and report his findings to the city council for appropriate action.

(f)

Notwithstanding paragraph (a), repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable. Reasonable conditions may be placed upon a zoning or building permit to mitigate created impacts on adjacent properties or water bodies.

(b)

Shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width are subject to the following as it relates to the repair, replacement, maintenance, improvement or expansion of nonconforming uses and structures in shoreland areas:

(1)

A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements provided that:

a.

All structure and septic system setback distance requirements can be met; and

b.

A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, can be installed or the lot is connected to a public sewer; and

c.

The impervious surface coverage does not exceed 25 percent of the lot.

(2)

In a group of two or more contiguous lots of record under a common ownership, an individual lot will be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

a.

The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, Chapter 6120; and

b.

The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080; and

c.

Impervious surface coverage must not exceed 25 percent of each lot; and

d.

Development of the lot must be consistent with an adopted comprehensive plan.

(3)

A lot subject to paragraph (2) not meeting the requirements of paragraph (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

(4)

Notwithstanding paragraph (2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Section 115.55 and Minnesota Rules, Chapter 7080, or connected to a public sewer.

(c)

In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions.

(d)

A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.

(Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

The city council may adopt amendments to this chapter and the zoning map in relation both to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan. Amendments must be adopted by a majority vote of the city council. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either a commercial or an industrial district requires a two-thirds majority vote of the city council.

(b)

There are the following kinds of amendments:

(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.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

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

(a)

By action of the community development department.

(b)

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

(c)

By action of the city council.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

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

(a)

The property owner or his/her agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form and checklist of required exhibits.

(b)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee and escrow as established by resolution. Required exhibits include:

(1)

A written statement that explains the request, including the section of the zoning ordinance for which an amendment is requested as well as suggested language for the amendment. If applying for a rezoning, the request should describe the current and proposed zoning classification along with reasons supporting the proposed change. For the city council to adopt a zoning ordinance amendment or rezoning, it needs to be consistent with the city's comprehensive plan. The written statement should address the request's consistency with the comprehensive plan or a proposed amendment to the comprehensive plan.

(2)

A statement of all property owners of all land included within the proposal and a list of property owners' names and addresses within 500 feet of the outer boundaries of the property obtained from Washington County or a title or abstract company.

(3)

An accurate boundary survey and conceptual development plan for the area proposed to be rezoned.

(4)

An executed escrow deposit agreement.

(5)

Any other technical information identified by the zoning administrator as required by state statute or necessary to review the proposal for consistency with the city's comprehensive plan for example, but not limited to, environmental review, traffic impact study, future roadway layout, stormwater analysis, utility and grading plans and/or concept platting.

(6)

Copies of all required exhibits as indicated on the application form.

(c)

The zoning administrator shall transmit the application and required exhibits to the planning and zoning commission for review and recommendation. In the case of a rezoning request, a notice of the planning and zoning commission meeting schedule for consideration of the application shall be sent to all property owners within 500 feet of the outer boundaries of the property in question.

(d)

The planning and zoning commission shall review the proposal and transmit to the city council its recommendation of approval or denial.

(e)

The city council shall, after receipt and placing on file the report of the planning and zoning commission, hold a public hearing in accordance with section 24-38.

(f)

Notice shall be mailed to the owners of the property within 500 feet of the outer boundaries of the property being considered for rezoning not less than ten days prior to the date of the hearing.

(g)

The city council shall either approve or deny the application.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

The following is the procedure for initiating an amendment based upon a recommendation by the community development department or city council:

(a)

The community development department may initiate a study on a proposed ordinance amendment and report its findings and recommendations to the city council.

(b)

Amendments initiated by the community development department or city council shall be referred to the planning and zoning commission for study and report.

(c)

The city council shall, after receipt and placing on file the report of the planning and zoning commission, hold a public hearing in accordance with section 24-38.

(d)

In the case of a rezoning, a notice shall be mailed to the owners of the property being considered for rezoning within 500 feet of the outer boundaries of the property in question not less than ten days prior to the date of the hearing. Mailed notice shall not be required for a city-wide amendment to this chapter initiated by the community development department or city council after review by the planning and zoning commission.

(e)

The city council shall either approve or deny the proposed amendment or rezoning.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the city council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

State Law reference— Similar provisions, M.S. § 462.357, subd. 3.

The zoning administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the city council, time limits, review dates and such other information as may be appropriate.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

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

(a)

The property owner or his agent may meet with the zoning administrator to describe the situation, to be advised of the procedures and to obtain an application form.

(b)

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

(1)

A complete application form signed by all property owners.

(2)

All required fees and escrows along with an executed escrow deposit agreement.

(3)

A statement of all property owners of all land included within the proposal and a list of property owners' names and addresses within 500 feet of the outer boundaries of the property and two sets of mailing labels obtained from Washington County or a title or abstract company.

(4)

Statement of proposed use(s) addressing the required findings in section 24-43.

(5)

Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information:

a.

North point and graphic engineering scale.

b.

Location map showing relationship to street system and surrounding development.

c.

Date of preparation and revision date(s).

d.

Boundary line survey, including measured distances and angles which shall be tied to the nearest ¼ corner or section corner by traverse.

e.

Existing and proposed right-of-way widths and names of proposed streets.

f.

Site statistics including:

i.

Gross site acreage/minimum lot size in the zoning district.

ii.

Total stormwater management acreage.

iii.

Any wetland impact area and wetland replacement area.

iv.

Percent green space.

v.

Net density.

vi.

Existing, proposed and required parking.

g.

Locations of rights-of-way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of 200 feet beyond the property boundary(ies).

h.

Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs.

i.

Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures.

j.

Colored site plan and elevations.

k.

A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to 200 feet beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains.

l.

A grading plan with topographic data for 200 feet around the subject property or around major features with intervals not exceeding two feet except where the horizontal contour interval is 100 feet or more in which case a one-foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan.

m.

Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access.

n.

Screening and buffering with reference to type, dimensions and purpose.

o.

Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture type, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district.

p.

Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod.

(6)

Traffic impact study, if required.

(7)

Stormwater management analysis, if required.

(8)

Such other information and size and quantity of exhibits as required by the city.

(c)

The zoning administrator shall forward the application and required exhibits to the planning and zoning commission for review and consideration. A notice of the planning and zoning commission meeting for consideration of the application shall be sent to all property owners within 500 feet of the outer boundaries of the property in question.

(d)

The planning and zoning commission shall review the proposal and report to the city council its recommendations together with any conditions it may propose on the recommendation.

(e)

The zoning administrator shall schedule the public hearing and shall cause notice of the time, place and purpose of said hearing to be published at least ten days prior to the date of the hearing in the official newspaper of the city. The notice shall be mailed to the owners of the property within 500 feet of the outer boundaries of the property in question not less than ten days prior to the date of the hearing.

(f)

The city council shall, after receipt and placing on file the report of the planning and zoning commission, and zoning administrator, hold a public hearing on the application. The city council shall either approve or deny the application.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

The zoning administrator shall file a certified copy of any conditional use permit with the county recorder or registrar of titles for record. The conditional use permit shall include the legal description of the property. The applicant shall reimburse the city for the filing costs.

(b)

Where a conditional use permit has been issued pursuant to the provisions of this division, such permit shall become null and void unless work thereon commences within one year of the date of granting such conditional use unless otherwise stipulated or an extension is approved by the city council. A conditional use permit, unless otherwise specified in the conditions of approval, shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 36 months.

(c)

In the event that the applicant violates any of the conditions set forth in the permit, the conditional use permit may be revoked by the city council.

(d)

The procedure to amend or alter an existing conditional use shall be the same as outlined in section 24-41.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

In granting a conditional use permit, the city council shall consider the advice and recommendations of the planning and zoning commission, the community development department and other applicable advisory commissions or other governmental agencies. The city council shall make the following findings to grant a conditional use permit:

(a)

Consistency with the comprehensive plan. The proposed use shall be consistent with the comprehensive plan.

(b)

Health and safety. The proposed use shall not negatively impact the health, safety and general welfare of occupants of surrounding lands.

(c)

Public infrastructure services. Adequate public facilities and services shall be able to be provided to the site where the use is proposed, and/or existing infrastructure shall be able to absorb the additional demand for public services such as utilities, streets, parks, schools, etc.

(d)

Screening and landscaping. Incompatible impacts of the proposed use shall be screened and buffered from adjacent property and the surrounding neighborhood. The city council may require additional landscaping or screening above that required in the zoning ordinance.

(e)

Architectural standards. The site or building associated with the proposed use meets or exceeds the architectural design and landscaping standards for the district in which it is located. The city council may require additional architectural standards above those required in the zoning ordinance.

(f)

Zoning. The use is consistent with the purposes of the zoning ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(g)

Traffic. The generation and characteristics of the traffic associated with the use and its impact on traffic volumes and safety associated with driveway locations, existing and proposed capacity on adjacent roads, sidewalks and trail connections can be adequately mitigated.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

In permitting a new conditional use or the alteration of an existing conditional use, the city council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the city council considers necessary to protect the best interest of the surrounding area or the community as a whole. 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 or decreasing the street or driveway width.

(e)

Increasing or decreasing through demonstrated parking, the number of required off-street parking spaces.

(f)

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

(g)

Modifying the building architecture or orientation or requiring berms, screening, landscaping or other facilities to protect adjacent or nearby property.

(h)

Designating locations for open space.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

Interim use defined. A use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permit it.

(b)

Limited application. The interim conditional use permit procedures are not to be construed to, in any way, modify the provisions for the issuance of conditional use permits.

(c)

Permit. The city council may grant an interim conditional use permit for the interim use of property if:

(1)

The use conforms to the zoning ordinance;

(2)

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

(3)

Permit of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and

(4)

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

(d)

Application procedures, exhibits and criteria. The procedures for applying for an interim conditional use permit, the required exhibits and the criteria for granting an interim conditional use permit shall be the same as for conditional use permits, as contained in sections 24-40 to 24-44 of the City Code.

(e)

Permit termination. An interim conditional use permit shall be terminated by:

(1)

A change in the zoning ordinance which prohibits the use.

(2)

The date of event(s) stated in the permit.

(3)

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

(f)

Criteria for termination. In establishing the date of event for the termination of the interim conditional use permit, the city council shall consider the advice and recommendations of the planning and zoning commission, the effect of the proposed use on the comprehensive plan and the health, safety and general welfare of occupants of surrounding lands. The criteria for terminating the interim conditional use permit shall include, but are not limited to, the following:

(1)

The assessment of the subject property for sanitary sewer.

(2)

If the interim use becomes in conflict with the comprehensive plan.

(3)

The platting of adjacent property. Cluster developments shall be exempt from these criteria.

(g)

Notice of termination. Upon the occurrence of the date or of the criteria for termination set forth in the interim conditional use permit, the city shall notify the permittee in writing that the interim conditional use permit shall terminate not later than one year after the date of such notice.

(h)

Permit review. An interim conditional use permit shall be reviewed annually but may be reviewed at any time if the city council is of the opinion that the terms and conditions of the permit have been violated or if one of the criteria for termination has been met.

(i)

Permit extension. The city council shall have the right to extend the termination date for such additional periods as are consistent with the terms and conditions of the original permit.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

State Law reference— Municipal authority to permit interim uses, Minn. Stat. § 462.3597.

(a)

The purpose of the temporary outdoor event regulations is to provide a method for businesses within nonresidential zoning districts to have tent, sidewalk and similar sales or promotional events for limited periods of time and provide a method for nonprofit organizations to raise funds.

(b)

Temporary outdoor events are allowed subject to the following:

(1)

Events are allowed within nonresidential zoning districts.

(2)

A permit is required.

(3)

Events are allowed for each business and development with the following exceptions:

a.

The business or development must own the property or have at least a one-year lease at the event location.

b.

Transient merchants are not allowed temporary outdoor events. Transient merchants may participate as part of a permitted event with the permission of the permit holder.

(4)

Events are allowed for not more than ten days per calendar year. Time extensions may be granted by the zoning administrator during declared local, state or national emergencies.

(5)

Event location on site must be approved by the city.

(6)

Adequate parking and circulation for both vehicles and pedestrians must be maintained.

(7)

Off site events are not allowed.

(8)

Each business and development may host nonprofit organizations on their sites to conduct temporary outdoor events subject to the following:

a.

Nonprofit events are allowed for not more than 20 days per calendar year at each business or development location.

b.

Nonprofit event days do not count as event days for the host business/development.

c.

Permits shall be obtained by the host business or development.

(Ord. No. 1854, § 1854.01, 6-27-2012; Ord. No. 1963, § 2, 6-26-2019; Ord. No. 1983, § 1, 6-10-2020)

(a)

The procedures for applying for a variance from this chapter are as follows:

(1)

The property owner or his agent shall meet with the zoning administrator, to describe his situation, to be advised of the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by resolution.

(3)

The applications shall set forth the special circumstances and conditions which the applicant alleges exist and which are peculiar to the land, structures or buildings involved.

(4)

The zoning administrator shall submit the application to the planning and zoning commission for its review and comment.

(5)

The city council shall, after receipt and placing on file the report of the planning and zoning commission, hold a public hearing on the application. The zoning administrator shall schedule the public hearing and shall cause notice of the time, place and purpose of said hearing to be published at least ten days prior to the date of the hearing in the official newspaper of the city. The notice shall be mailed to the owners of the property within 500 feet of the outer boundaries of the property in question not less than ten days prior to the date of the hearing. The city council shall either approve or deny the application by resolution.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

The following exhibits shall be required for a variance application:

(a)

A complete application form signed by all property owners.

(b)

All required fees and escrows along with an executed escrow deposit agreement.

(c)

A statement of all property owners of all land included within the proposal and a list of property owners' names and addresses within 500 feet of the outer boundaries of the property and two sets of mailing labels obtained from Washington County or a title or abstract company.

(d)

Statement outlining the variance request addressing the required criteria in section 24-103.

(e)

Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

Variances from requirements of the zoning ordinance including restrictions placed on nonconformities may be granted by the city council acting as the board of appeals and adjustments. In granting a variance, the city council shall consider the advice and recommendations of the planning and zoning commission, the community development department and other applicable advisory commissions or other governmental agencies. The city council shall make the following findings to grant a variance:

(a)

Zoning. The proposed variance is in harmony with the general purposes and intent of the zoning ordinance.

(b)

Comprehensive plan. The proposed variance is consistent with the comprehensive plan.

(c)

Practical difficulties. The landowner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties, as used in connection with the granting of a variance, require the following findings:

(1)

The landowner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.

(2)

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

(3)

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

(d)

Economic considerations alone do not constitute practical difficulties. Practical difficulties also include, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 2, when in harmony with this section.

(e)

The city council may not grant a variance for any use that is not allowed under this chapter for property in the zone where the affected person's land is located. In the case of an emergency, the city council may grant a variance to permit the temporary use of a one-family dwelling as a two-family dwelling.

(f)

The city council may impose such restrictions or conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. Any conditions must be directly related to and must bear a rough proportionality to the impact created by the variance.

(g)

The city council may revoke a variance if any conditions established as part of granting the variance request are violated.

(h)

The zoning administrator shall file a certified copy of the resolution approving the variance with the county recorder or registrar of titles for record. The resolution shall include the legal description of the property involved. The applicant shall reimburse the city for the filing costs. Failure to file a resolution or variance shall not affect its validity or enforceability.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

It is the policy of the city council, as expressed in the comprehensive plan, to encourage excellence in site and building design of commercial and industrial development and large scale unified residential projects. The site plan review enables the city council to insure that the applicant has made adequate provisions for utilities (sewer, water, and stormwater), traffic (off-street parking, circulation, access), safety precautions (lighting, pedestrian sidewalks, traffic control signs), and amenities (exterior design, landscaping, and screening). A site and building plan review shall be required for all proposed developments except single-family detached developments.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

The following exhibits shall be required for a site and building plan review application:

(1)

A complete application form signed by all property owners.

(2)

All required fees and escrows along with an executed escrow deposit agreement.

(3)

A statement of all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

(4)

Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information:

a.

North point and graphic engineering scale.

b.

Location map showing relationship to street system and surrounding development.

c.

Date of preparation and revision date(s).

d.

Boundary line survey, including measured distances and angles which shall be tied to the nearest ¼ corner or section corner by traverse.

e.

Existing and proposed right-of-way widths and names of proposed streets.

f.

Site statistics including:

i.

Gross site acreage/minimum lot size in the zoning district.

ii.

Total stormwater management acreage.

iii.

Any wetland impact area and wetland replacement area.

iv.

Percent green space.

v.

Net density.

vi.

Existing, proposed and required parking.

g.

Locations of rights-of-way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of 200 feet beyond the property boundary(ies).

h.

Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs.

i.

Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures.

j.

Colored site plan and elevations.

k.

A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to 200 feet beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains.

l.

A grading plan with topographic data for 200 feet around the subject property or around major features with intervals not exceeding two feet except where the horizontal contour interval is 100 feet or more in which case a one-foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan.

m.

Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access.

n.

Screening and buffering with reference to type, dimensions and purpose.

o.

Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district.

p.

Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod.

(5)

Stormwater management analysis, if required.

(6)

Sustainable design elements, if any.

(7)

Such other information and size and quantity of exhibits as required by the city.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

The procedures for site and building plan review are as follows:

(1)

The property owner or his agent shall meet with the zoning administrator to be advised of the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee and escrow as established by resolution.

(3)

The zoning administrator shall submit the application to the planning and zoning commission for its review and comment.

(4)

The city council shall, after receipt and placing on file the report of the planning and zoning commission, either approve or deny the application.

(b)

The city council may impose such restrictions or conditions as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the comprehensive plan and the zoning ordinance.

(c)

Proposed minor structural additions involving either up to ten percent or less of the total existing floor area or site expansions or modifications involving ten percent or less of the total existing site area which meet all ordinance requirements may be approved by the zoning administrator prior to the building permit being issued, and shall not require planning and zoning commission or city council review, subject to the following:

(1)

This section shall apply to all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the zoning ordinance, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The zoning administrator shall determine what constitutes significant change.

(2)

This section shall apply in the cases of new developments which have received city council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file city council approved site plans.

(3)

Compliance with all ordinance requirements shall be construed to include all adopted policies and codes.

(4)

Any variances from ordinance and policy requirements shall be subject to the established review and hearing procedures for plan and variance approval.

(5)

Unresolved disputes as to administrative application of ordinance requirements shall be referred to the planning and zoning commission and city council following normal plan review and approval procedures.

(6)

Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval.

(7)

A copy of the plans approved under this section shall be appropriately certified by the zoning administrator and placed on file with the city council approved plans.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

(a)

Every licensed house mover shall, in each and every instance before moving any house within or into the city, complete a site and building plan review. The application for site and building plan review shall designate the lot on which the house is to be located, the dimensions of the lot and the proposed location of the house on the lot, along with setback distance.

(b)

No site and building plan application to move a building shall be approved unless and until the following conditions are fully complied with and approved by the zoning administrator:

(1)

The building to be moved must comply in all respects with the Minnesota State Building Code and this chapter.

(2)

The lot on which the building is to be located must meet all the minimum dimensional requirements of the zoning district in which it is located.

(3)

The building must be placed on the lot so as to meet all the front, side, and rear yard requirements in this chapter.

(4)

The building shall be compatible with the surrounding neighborhoods.

(5)

The contractor and/or property must obtain all appropriate road, utility or other such permits.

(c)

The planning and zoning commission shall determine whether such applications are compatible with the immediate surrounding area. The zoning administrator shall call a public meeting of resident owners within a radius of 500 feet from the subject property for owners' review of the proposed application. The planning and zoning commission will report its recommendation to the city council. The city council shall take action to approve or disapprove the site and building plan application.

(Ord. No. 1854, § 1854.01, 6-27-2012)