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(A) Generally. It is declared to be the policy of the city to preserve and promote an attractive, stable residential and business environment for its citizens through encouraging well conceived, high quality developments. To this end, imaginative architectural concepts shall be employed in the design of buildings and in the development of respective sites. In this regard, every person, before commencing the construction or major alteration of a structure, except single-family detached dwellings and buildings accessory thereto, shall make application for the plan approval from the Council. The following rules shall govern applications for plan approval.
(B) Procedures.
(1) A plan approval application shall be initiated by the owner of the subject property or by his or her authorized agent. The applicant shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee of $100. The application shall be filed with the Secretary of the Planning Commission at least 14 days prior to the next regular meeting of the Planning Commission.
(2) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Commission, place the application on the agenda for a special meeting of the Planning Commission.
(3) The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Commission. The
DATE OF REFERRAL is defined as the date upon which the application is first considered by the Planning Commission.
(4) The application and recommendation of the Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within 90 days of the date of referral to the Commission.
(5) The Council shall make a final determination of the application within 60 days of the recommendation of the Planning Commission, or in the event the Commission has failed to make any recommendation, within 120 days of the date of referral to the Commission.
(6) The applicant or his or her agent shall appear at each meeting of the Commission and the Council to answer questions regarding the maps, drawings, plans and to furnish any information as may be required.
(7) The Secretary of the Planning Commission, following the Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(C) Required documents. Concurrent with filing application for plan approval, the applicant shall submit, as required, to the Secretary of the Planning Commission the following documents and information:
(1) A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned; and
(2) A complete set of preliminary drawings prepared by an architect, landscape architect, engineer or planner showing:
(a) An accurately scaled and dimensioned site plan indicating parking layout including access provisions, designation of locations of possible accessory buildings, landscaping, including trees and shrubbery with indication of species, planting, size and location;
(b) Fences or walls or other screening, including height and type of material;
(c) Lighting provisions, type and location;
(d) Curbs;
(e) Building elevations, sections and outline specifications, including materials proposed; and
(f) Existing and proposed land elevations, drainage provisions, and utility provisions as may be required.
(D) Conditions and restrictions. The Planning Commission may recommend and the Council may impose any conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this chapter. The conditions may include the execution and submission of a performance agreement with a supporting financial guarantee that the subject property will be constructed, developed and maintained in conformance with the plans, specifications and standards.
(1989 Code, § 11.13)
(A) Generally. In instances where the strict enforcement of the literal provisions of this chapter would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the Council, sitting as a Board of Adjustments and Appeals, shall have the power to grant variances, in keeping with the spirit and intent of this chapter. The provisions of this chapter, considered in conjunction with the unique and distinctive circumstances affecting the property must be the proximate cause of the hardship; circumstances caused by the property owner or his or her predecessor in title shall not constitute sufficient justification to grant a variance. The following rules shall govern applications for a variance from the strict requirements of this chapter.
(B) Procedures.
(1) A variance application shall be initiated by the owner of the subject property or his or her authorized agent. The application shall be referred to the Planning Commission for public hearing, study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission, or until 90 days have elapsed from the date of referral of the application without a report by the Planning Commission. The
DATE OF REFERRAL is defined as the date of the public hearing.
(2) The applicant shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee as set by resolution of the City Council. The application shall be filed with the Secretary of the Planning Commission at least 14 days before the date of the public hearing.
(3) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Planning Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Planning Commission, place the application on the agenda for a special meeting of the Planning Commission.
(4) Not less than ten days before the date of the hearing, the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to the property owners or occupants within 350 feet (including streets) of the subject property. The failure of the owner or occupant to receive the notice shall not invalidate the proceedings hereunder.
(5) The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Planning Commission.
(6) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make a recommendation, within 90 days of the date of referral to the Planning Commission.
(7) The Council shall make a final determination of the application within 60 days of the recommendation by the Planning Commission, or in the event the Planning Commission has failed to make any recommendation, within 120 days of the date of referral to the Planning Commission.
(8) The applicant or his or her agent shall appear at each meeting of the Planning Commission and of the Council during which the application is considered. Furthermore, each applicant shall provide for the Planning Commission or the Council, as the case may be, the maps, drawings, plans, records or other information requested by the Planning Commission or the Council for the purpose of assisting the determination of the application.
(9) The Secretary of the Planning Commission, following the Planning Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(C) Standards for variances. The Planning Commission may recommend and the Council, sitting as a Board of Adjustments and Appeals, may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Planning Commission shall not recommend and the Council shall in no case permit as a variance any use that is not permitted under this chapter in the district where the affected person’s land is located. A variance may be granted by the Council after demonstration by evidence that all of the following qualifications are met.
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(2) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification.
(3) The alleged hardship is related to the requirements of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
(D) Conditions and restrictions. The Planning Commission may recommend and the Council, sitting as a Board of Adjustments and Appeals, may impose conditions and restrictions in the granting of variances so as to ensure compliance with the provisions of this chapter and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties.
(1989 Code, § 11.14) (Ord. 67, passed 11-6-2013)
(A) Appeal matters. The Planning Commission shall hear and recommend and the Council, sitting as a Board of Adjustments and Appeals, shall make a final determination in the following appeal matters:
(1) Appeals from the denial of a building permit made pursuant to the adoption of an official map as provided for in state law; and
(2) Appeals from an order, requirement or determination made by an administrative officer in the enforcement of the zoning chapter, where it is alleged that some error in interpretation or judgment exists as provided for in M.S. § 462.367, Subdivision 6(1).
(B) Procedures.
(1) A written appeal stating the position of the appellant shall be filed with the Secretary of the Planning Commission at least 14 days prior to the next regular meeting of the Council, sitting as a Board of Adjustments and Appeals.
(2) The Secretary shall refer the matter to the Planning Commission by placing the application upon the agenda of the Planning Commission’s next regular meeting.
(3) The Planning Commission shall report its recommendations to the Council not later than 30 days following the date of referral to the Planning Commission.
(4) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make a recommendation, within 60 days of the date of referral to the Planning Commission.
(5) The Council shall make a final determination of the application within 30 days of the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make any recommendation, within 90 days of the date of referral to the Planning Commission.
(6) The Secretary of the Planning Commission following the Planning Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(1989 Code, § 11.15) (Ord. 129, eff. 4-24-1976)
(A) Permit fees. Any applications for a permit to construct or renovate a dwelling, business, or property that is submitted by any business or owner of any property or resident of a dwelling, or other person in control of any premises shall be accompanied by the required fee, with said fee to be set by resolution of the City Council.
(B) Construction permits required.
(1) A zoning permit is required for any construction that physically changes or adds structures to the property, or for work regulated by Minnesota State Building Code such as:
(a) New building. Examples include but are not limited to: dwellings, garages, detached storage sheds, carports, pole barns, commercial buildings, manufactured housing, or mobile homes.
(b) Additions. Examples include but are not limited to: buildings, swimming pools, decks, retaining walls, and fences.
(2) An improvement permit is required for any construction that is cosmetic alterations and/or repairs to the existing features of the property:
(a) Alterations. Beyond cosmetic, examples include but are not limited to: converting a garage to a family room, re-roofing, dry-walling, insulating, finishing a basement, window replacement, and re-siding.
(b) Repairs. Any repair involving structural members.
(C) Collection of building permit fees.
(1) For the purpose of this section:
(a) The act by the city of granting an application for a zoning and/or an improvement permit, and the subsequent issuance of the permit, are deemed improvements to real estate; and
(b) The act by the owner of real estate of employing or entering into an agreement with a contractor or other person for construction, requiring a building permit, shall be deemed an appointment of such contractor or other person as the agent of such owner for the purpose of applying for such permit and incurring fees therefor, and the owner and the agent shall be jointly and severally liable for payment thereof.
(2) Any business or owner of any property or resident of a dwelling, or other person in control of any premises who begins construction and/or repair that requires either a zoning permit or an improvement permit without first securing said permit shall be in violation of this subchapter.
(3) Notice of violation of this subchapter shall be prepared by the city and mailed to the owner. Any property or resident of a dwelling, or other person in control of any premises who fails to submit an application for the permits required by division (B) of this section prior to beginning construction shall be assessed the permit fee at two times the regular rate.
(4) If such fee remains unpaid for a period of more than 30 days after mailing, the city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this section.
(5) Each such account is hereby made a lien upon the premises improved. All such accounts which are more than 45 days past due may, when authorized by resolution of the Commission, be certified by the City Clerk to the County Auditor, and the City Clerk in so certifying shall specify the amount thereof, the description of the premises improved, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the city along with other taxes.
(6) Any person who violates, neglects or refuses to comply with, assists, or participates in any way in the violation of any provisions or requirements of this section is guilty of a misdemeanor and for each such violation is subject to the maximum penalty prescribed by state law for a misdemeanor. Each day such violation continues shall constitute a separate offense.
(Ord. 77, passed 12-1-2015; Ord. 103, passed - -)
PLANNING ORGANIZATIONS
The Council hereby undertakes to carry on comprehensive study and planning as a continuing guide for land use and development legislation within the city. For this purpose, the Council has adopted a Comprehensive Guide Plan for the city, and designates an advisory planning agency to aid in the planning.
(1989 Code, § 11.05) (Ord. 129, eff. 4-24-1976)
A Planning Commission composed of seven members is hereby established and continued as a planning agency advisory to the Council. Any vacancy in an office of Planning Commissioner, by expiration of his or her term, resignation or removal shall be filled by appointment of the Mayor and confirmed by a majority vote of the Council. Upon appointment, each Commissioner shall serve for a term of two years or until a successor has been appointed. Each Commissioner shall be a resident of the city and shall subscribe to the appropriate oath of office. No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner or appellant, nor in the consideration of any application, petition or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. The Planning Commission shall annually elect its Chairperson and by majority vote may adopt rules of parliamentary procedure for the conduct of the Commission meetings. The meetings of the Commission shall be held at least once a month and shall be open to the public. The City Administrator/Clerk-Treasurer shall serve as Secretary to the Planning Commission and in that capacity shall prepare the minutes of the meetings of the Commission and shall maintain the files and records of same.
(1989 Code, § 11.10)
(A) Planning.
(1) Comprehensive planning.
(a) The Commission shall, from time to time, upon its own motion or upon direction of the Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the Council.
(b) Before recommending any such amendments to the Council, the Commission shall hold at least one public hearing to consider the proposed amendment. The Secretary to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the city at least ten days before the date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed amendment to the Council prior to the publication of the notice of hearing.
(c) Following the review and recommendation by the Commission, the Council shall consider the proposed amendment and may, by resolution of a majority of its members, amend the Comprehensive Guide Plan.
(2) Coordination with other agencies. In the performance of its planning activities, the Commission shall consult with other departments and agencies of the city to ensure conformity with and to assist in a development of the Comprehensive Municipal Plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies.
(B) Platting. Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed under the provisions of the subdivision regulations provisions of the city code, codified in Chapter 152.
(C) Rezoning applications. The Commission shall hear and review all applications for amendments to this zoning chapter, hereinafter referred to as planning and zoning applications. The Secretary of the Planning Commission shall maintain permanent files and records for each application to the Commission. The record for each application shall consist of a written application on a form provided by the city, the minutes of the Commission upon the hearing of the application and the written recommendation of the Planning Commission.
(D) Plan approval. Every person, before commencing the construction or major alteration of a structure (except single-family detached dwellings), shall submit information as set out herein.
(E) Board of Adjustments and Appeals.
(1) The Council shall serve as the Board of Adjustments and Appeals and shall hear applications for variances as provided for in this chapter.
(2) The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Council when acting as the Board of Adjustments and Appeals. The Secretary of the Planning Commission shall maintain permanent files and records for each application, petition or appeal to the Board of Adjustments and Appeals and shall place in the file the record pertaining to each proceeding which shall consist of the written application, petition or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board.
(1989 Code, § 11.11)
ZONING DISTRICTS
(A) For the purposes of this chapter, the city is hereby classified into the following Zoning Districts:
LR | Low Density Residential |
R-1 | One- and Two-Family Residential |
R-2 | Mobile Home Park |
R-2A | Mobile Home (Standard Residential Lot) |
R-3 | Multi-Family Residential |
C-1 | Business Commercial District |
I-1 | Industrial Commercial District |
PUB | Public or Quasi-Public Open Space |
(B) Zoning map. The boundaries of these districts are hereby defined and established as shown on the map entitled “Zoning Map, City of Aurora, Minnesota.” Unless otherwise indicated by relation to established lines, points or features, the district boundary lines are the centerlines of streets, alleys or railroad rights-of-way, existing or extended.
(1989 Code, § 11.20) (Ord. 82, passed 4-16-2018)
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