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(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)
Permitted uses include:
(A) Single-family detached and two-family dwellings on parcels of not less than five acres if not served by public sanitary sewer and water; and
(B) Accessory buildings, provided they do not exceed 50% of the gross floor area of the principal dwelling.
(1989 Code, § 11.21)
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