(A)   Designation. There is hereby established the office of Development Administrator or Planner, hereinafter referred to as Administrator. ('69 Code, § 7-24.01)

   (B)   Duties. It shall be the duty of the Administrator to properly administer and enforce this title according to the rules as may be henceforth adopted by the Commission and by the Board. In addition thereto and in furtherance of said authority, the Administrator shall:

      (1)   Serve as an ex-officio non-voting member of the Commission and the Board.

      (2)   Receive, review, analyze and develop written reports on all application for permits, certificates, appeals, variances, amendments or other development matters.

      (3)   Issue permits when the requirements of this title have been met and make and maintain records thereof.

      (4)   Coordinate official development review processes among governmental offices to the extent feasible.

      (5)   Conduct inspections to determine compliance with the terms of this title and to take remedial action when required.

      (6)   Prior to granting a use permit or processing an application for a conditional use permit or variance in the Flood Hazard District, the Administrator shall determine whether the applicant has obtained all necessary state and federal permits. (i.e. M.S. § 105.42, U.S. Corps of Engineers and all other applicable local, state and federal permits.)

      (7)   In the Flood Hazard District, the Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures. He shall also maintain a record of the elevations to which structures or additions to structures are flood proofed.

('69 Code, § 7-24.02)

   (C)   Methods of enforcement. Upon finding that any of the provisions of this title are being violated or upon finding a condition which may lead to a violation, the Administrator shall notify in writing the persons responsible for such violation or condition, ordering the action necessary to correct such condition or violation. He may order discontinuance of illegal work being done, order discontinuance of illegal use of structures and land and order removal of illegal structures or additions. Further, he may take any other action authorized by this title to ensure compliance with or to prevent violations of this title, including, but not limited to, calling upon the City Attorney to institute legal proceedings and calling upon the Chief of Police for assistance. ('69 Code, § 7-24.03)

   (D)   Resumption of work. When any work shall have been stopped for any reason whatsoever, it shall not again be resumed until the reason for the work stoppage has been completely removed and written approval to proceed has been received from the Administrator. ('69 Code, § 7-24.04)

   (A)   A Board of Zoning Appeals and Adjustment, referred to as the Board, is hereby established. The Planning Commission shall sit as the Board of Zoning Appeals and Adjustment when allowed and/or required to by law.

   (B)   The Chairman of the Planning Commission shall serve as Chairman of the Board of Zoning Appeals and Adjustment. Such Chairman, or in his absence the Vice-Chairman, may administer oaths and compel the attendance of witnesses. Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. There shall be a fixed place of meeting and all meetings shall be open to the public. The presence of a majority of members shall constitute a quorum. The Board 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. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. (Ord. 643, eff. 8-10-81)

   (C)   Subject to the approval of the City Council, the Board may employ such clerical and technical assistance as may be needed to carry on its work. It shall have the power to call upon any city official or department for assistance in the performance of its duties, and it shall be the duty of any such official or department to render such assistance as may be reasonably expected.

   (D)   The Board shall from time to time, subject to the approval of the City Council, adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this title.

   (E)   The Board shall decide all appeals and requests for variance within 30 days after the date of the required hearing thereon. A certified copy of the Board's decision shall be transmitted to the applicant and to the Administrator. Such decisions shall be binding upon the Administrator and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

('69 Code, § 7-28.01)

   The Board of Zoning Appeals and Adjustments shall have the following powers:

   (A)   To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Administrator or Commission in the enforcement of the zoning ordinance.

   (B)   To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. The Board may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The Board may permit as a variance the temporary use of a one family dwelling as two family dwelling. The Board may impose conditions in the granting of variances to insure compliance and to protect adjacent properties.

('69 Code, § 7-28.02)

   (A)   Appeals by any person or persons aggrieved or by any public officer, department, board, bureau, corporation or others affected by any decision of the Administrator or Commission shall be taken to the Board. Such appeal shall be taken within 14 calendar days after such decision, as provided by the rules of the Board, by filing with the Administrator a notice of appeal, and specifying the grounds thereof. The Administrator shall then transmit to the Board all papers constituting the record upon which the action appealed from was taken.

   (B)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrator certifies to the Board, after filing the notice of appeal with them, that by reason of facts stated in the certificate, stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order, granted by a Court of Record, upon notice to the Administrator and on due cause shown. The final disposition of any appeal shall be in the form of a resolution by the Board whether reversing, modifying or confirming the decision of the Administrator.

   (C)   The Board shall fix a reasonable time for the hearing by publication in the official newspaper at least seven days prior to said hearing, as well as written notice to the Chairman of the Planning Commission and appellant. At the hearing, any party may appear in person or through an agent or attorney. The Board shall decide the application or appeal within a reasonable time.

   (D)   The concurring vote of the majority of voting members present shall be necessary to approve, modify or reverse any decision or action of the Administrator or Commission.

   (E)   Any party may appeal any decision of the Board by filing a notice of appeal with the City Council within seven calendar days of the Board's decision. The Council by a 4/5 vote may alter, revise, or rescind said decision. No permit shall be issued until the time for appeal has expired.

('69 Code, § 7-28.03)

   (A)   The Board may authorize a variance where the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this title, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece in question, the literal enforcement of the requirements of this title would involve unnecessary hardship and not mere inconvenience.

   (B)   (1)   Application for any variance permissible under this title shall be made to the Board of Zoning Appeals and Adjustment, in the form of a written application for a development permit. All applications shall be accompanied by a list of the names and addresses of the owners of the lands abutting directly on the property described in the application.

      (2)   Application for any variance permissible under this title shall be made to the Board of Zoning Appeals and Adjustment, in the form of a written application for a development permit. All applications shall be accompanied by a list of the names and addresses of the owners of the lands within 350 feet of the property described in the application.

      (3)   After a public hearing has been held, the Board of Zoning Appeals and Adjustment shall thereupon make its decision upon the application.

      (4)   In deciding on any adjustment or variance under the provisions of this section, the Board shall designate such conditions in connection therewith as will, in its opinion, secure the requirements of division (C) below of this section. The Board shall put its decision in writing stating pertinent facts and findings, and shall specifically and fully set forth any adjustment or variance granted, and conditions designated.

      (5)   Any party may appeal the Board's decision upon a variance by filing a notice of appeal with the City Council within seven calendar days of the Board's decision. The Council by a 4/5 vote may alter, revise, or rescind the Board's decision. No permit shall be issued until the time for appeal has expired. When an appeal is filed with the Council, the written decision of the Board shall be transmitted to the Council.

      (6)   If the development proposed to be done pursuant to an approved variance has not begun within 12 months of the date of approval of the variance application or if the work lies idle for a period of 12 months or more or if the work has not been substantially completed within 18 months of the date of approval of the variance application, said variance shall be revoked by the Board and written notice thereof shall be given to the person affected. Said notice shall state the basis for the revocation and shall state that further development as proposed in the variance application shall not proceed unless a new variance is granted following re-application or unless the Zoning Board shall grant an extension. Application for an extension must be made within ten days of the date of the notice. The Board may grant an extension for up to six months as to any of the bases for revocation. The Board may grant only one extension to the owner or his or her successor in interest of property to which the variance was granted. This division (6) shall be applicable to any variance granted after the effective date of this division.

   (C)   No variance from the terms of this title shall be authorized unless all of the following facts and conditions exist:

      (1)   That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.

      (2)   That the alleged difficulty or hardship has not resulted from the actions of the applicant.

      (3)   That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.

      (4)   That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this title or the public interest.

      (5)   No variance shall be authorized unless the Board specifically finds that the condition, situation, or intended use of the subject property, is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation to cover such cases.

   (D)   The Board may adopt specific rules and regulations from time to time and place them on public record in the office of the City Clerk. Section 155.218(D) and (E) shall also apply to request for variances.

('69 Code, § 7-28.04) (Am. Ord. 926. passed 11-13-01; Am. Ord. 964, passed 5-10-04)

   (A)   Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the zoning ordinance or the zoning map. No member of the Board shall hear or vote upon an appeal or variance in which he is directly or indirectly interested in a personal or financial way.

   (B)   The Board shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

('69 Code, § 7-28.05)

   A fee shall be paid to the City Clerk at the time a notice of appeal or a request for variance is filed.

('69 Code, § 7-28.06)

   (A)   Flood Hazard District.

      (1)   It shall be the duty of the Board of zoning Appeals to administer the provisions of § 152.52.

      (2)   No variance shall:

         (a)   Have the effect of allowing in any district uses prohibited in that district.

         (b)   Permit a lower degree of flood protection than the flood protection elevation for that particular area.

         (c)   Permit standards lower than those required by state Law.

      (3)   In the Flood Hazard District, the Commissioner of Natural Resources must receive a copy of an application for a variance at least ten days prior to the hearing on said variance. A copy of decisions granting a variance in a Flood Hazard District shall be forwarded to the Commissioner of Natural Resources within ten days of such action.

('69 Code, § 7-28.07)

   (B)   Shoreland District. In the Shoreland District, the Commissioner of Natural Resources must receive a copy of a hearing notice for a variance at least ten days prior to the hearing on said variance. A copy of decisions granting a variance in a Shoreland District shall be forwarded to the Commissioner of Natural Resources within ten days of such action. ('69 Code, § 7-28.08)

   (A)   Council may amend. Whenever the public necessity, convenience, general welfare or good zoning practice require, the Council may by ordinance, after recommendation thereon by the Commission, amend the regulations or change district boundaries. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications for amendments or changes within 60 days after referral to the Commission. ('69 Code, § 7-29.01)

   (B)   Initiation. An amendment or change may be initiated by motion of the Council, by motion of the Commission or in the case of district boundary changes, by filing an application therefore by one or more of the owners of property within the area proposed to be changed. ('69 Code, § 7-29.02)

   (C)   Application. Application for any change of district boundaries shall be submitted to the Administrator, with a copy to the Council through the City Clerk, upon such forms and accompanied by such data and information as is needed to assure the fullest practicable presentation of facts. When an amendment involves changes on district boundaries affecting an area of five acres or less, such data shall include a map drawn to scale of not less than 200 feet to the inch showing the land in question, the length and location of each boundary thereof, and the location and principal use of all properties within 350 feet of such land. Applications signed by an owner of property within the area proposed to be re-classified, shall attest to the truth and correctness of all information presented with the application. ('69 Code, § 7-29.03) (Am. Ord. 830, passed 3-10-97)

   (D)   Flood hazard application. The flood hazard designation on the zoning map shall not be removed unless it can be shown that the areas are filled to an elevation at or above the flood protection elevation for the particular area and are contiguous to other lands lying outside the district. All amendments to this title affecting the flood hazard provisions, including amendments to the Flood Hazard District on the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. ('69 Code, § 7-29.04)

   (E)   Administrator - recommendations. The Administrator shall review the proposed amendment to the regulations or change in district boundaries and render a report thereon analyzing the advantages and disadvantages of the proposal. He shall recommend to the Commission approval, denial, or modification of said amendment or boundary changes on the basis of the facts and circumstances, the Comprehensive Guide Plan and other information.

   (F)   Commission action.

      (1)   Notices. Before submitting its recommendations on any amendment to the regulations or change in district boundaries to the Council, the Commission shall hold at least one public hearing thereon, as provided in § 155.164. When an amendment involves changes in district boundaries affecting an area of five acres or less, notice shall also be posted on the affected property.

      (2)   Recommendations. Following such hearing and review of the planner's report, the Commission shall prepare and transmit a written recommendation to the Council.

('69 Code, § 7-29.06) (Am. Ord. 830, passed 3-10-97)

   (G)   Council - final action. After reviewing the recommendation of the Commission thereon, the Council shall consider such recommendations and if it decides to proceed shall instruct the City Attorney to prepare an ordinance for subsequent adoption by the Council of the proposed amendment or the district boundary change by a vote of two-thirds of all its members. ('69 Code, § 7-29.07)

   (H)   Map change pending. Whenever an application has been filed or a motion has been approved by the Commission or the Council for a change or amendment of the zoning map from a less restricted district to a more restricted district classification, a development permit or building permit may not be issued within 90 days from the date of such filing or motion which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan. ('69 Code, § 7-29.08)

   (I)   Shoreland District amendments. Copies of all public hearing notices to consider amendments in the Shoreland District shall be sent to and received by the Commissioner of Natural Resources at least ten days prior to such hearings. Copies of decisions granting amendments shall be received by the Commissioner of Natural Resources within ten days after final action. ('69 Code, § 7-29.09)

   Zoning fees shall be assessed for work governed by this title with the fee schedule established from time to time by resolution of the City Council. Such fees shall be non-refundable.

(Ord. 1077, passed 1-13-14)

   In case of any violation of this title or any amendment or supplement thereto, any person aggrieved by such action may request the Council or Zoning Administrator to act in his behalf to prevent unlawful development; to restrain, correct, or abate such violations; to prevent the occupancy of a building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises. Such procedures shall not limit taking action in a court of law.

('69 Code, § 7-31)

   (A)   Any person, firm or corporation violating any of the provisions of Chapters 151 through 155, or any amendment or supplement thereto, where no specific penalty is otherwise provided, upon conviction thereof, shall be punished by a fine of not to exceed $100. Each and every day during which such violation continues shall be deemed to be a separate offense.

('69 Code, § 7-32)

   (B)   Anyone violating any of the provisions of § 155.126 shall be guilty of an offense punishable by a fine of not more than $100 and/or commitment to a jail for a period not to exceed 90 days. Each month during which compliance is delayed shall constitute a separate offense.

('69 Code, § 7-17.07, Subd. 10)