(A) Application. Except as hereinafter provided, no person, firm, or corporation shall construct, erect, alter, wreck, or move any building or structure or parts thereof within the corporate limits of the city without first securing a permit from the city. A permit certifies that the proposed construction is in compliance with this chapter. Application for the zoning permit shall be made to the City Clerk/Treasurer/Zoning Administrator.
(B) Issuing of permits. A permit must be issued by the city prior to any construction activity. The city will collect the fee for the permit application according to the schedule set by the City Council. At no time and under any circumstances will a permit be issued until the appropriate fee has been paid by the applicant and the application has been reviewed by the Planning Commission and approved by the City Council. Below is the process to which an individual must adhere when applying for a zoning permit.
(1) Individual(s) requesting the permit must contact the City Clerk/Treasurer’s office to secure a zoning permit application form.
(2) The application form must be completed in its entirety and the appropriate fee must be paid to the City Clerk/Treasurer. A site plan showing all dimensions must accompany the completed application.
(3) Upon its submittal to the City Clerk/Treasurer, the application will be reviewed with the applicant. If the property is properly zoned, the application will be placed on the agenda of the Planning Commission for action at its meeting. If the existing use of the property is not a permitted use, but rather a conditional use, one which would require a variance or amendment to the City Zoning Ordinance, the city staff will take the following action(s):
(a) Determine which special request is required to be taken to the Planning Commission;
(b) Inform the applicant as to the process of the request; and
(c) Based on the applicant’s decision, the City Clerk/Treasurer will collect the appropriate special fee from the applicant and follow the procedures outlined in this chapter:
1. Section 150.18 for conditional use permits;
2. Section 150.19 for variance requests; and
3. Section 150.22 for amendments (rezoning).
(4) All zoning permit/special application fee(s) must be paid in advance. Permits will not be issued and special applications will not be placed on an agenda without payment. Permits will be issued by the City Clerk/Treasurer after being reviewed by the City Planning Commission and approved by the City Council.
(5) If an amendment to the site plan is desired, the applicant must submit an amended site plan to the City Clerk/Treasurer prior to commencing construction. Under no circumstances will a change in site plan be approved unless an amended site plan is submitted to the Planning Commission for its review and recommendation and approved by the City Council.
(Am. Ord. passed 11-6-1996)
(C) Improvements requiring a zoning permit.
(1) General provisions. A zoning permit is required for any new residential, commercial and/or industrial construction as well as any improvement which will enlarge the physical exterior of an existing structure. Interior projects do not require zoning permits nor do projects such as re-shingling, re-siding or new or replacement windows in buildings. Projects such as the widening a driveway surface constructed of bituminous or concrete material or other hard surfaced area, or the construction of a concrete pad for purposes such as patios, loading areas, or other such areas also require a permit.
(2) Carpentry. Porch, patio, or deck - permit is required to build such a structure or to enlarge a structure of this type.
(3) Speciality work.
(a) Demolition or moving of structures out of the city.
1. Permit required by no fee will be charged to the applicant. In instances where no new construction is planned to replace the structure being taken down or moved, the property owner is responsible for removal of the structure’s entire foundation, including the footings and flooring material. The property owner is also responsible for backfilling, with suitable material such as sand, gravel or dir, of any existing basement, crawl space or other depression left in the ground as a result of removal. Pieces of the foundation are not an acceptable type of fill. Neither are pieces of concreted from sidewalks that might be around the structure. No hazardous material, concrete, wood, wire, metal, plastic or similar types may be left in the depression or deposited into the depression before it is filled. City employees must inspect the work as it is being done. The top 4 inches of the depression must be filled with black dirt.
2. If there is water and/or sanitary seer service to the structure, the property owner or his or her agent must seal the sewer service with a non-shrinking grout or another approved method to assure that it is water tight. The water line must also be capped off in an approved manner. The owner or his or her contractor/agent must also call for an inspection by city employees prior to backfilling. If underground work is backfilled or covered before inspection, the property owner and/or his or her contractor/agent are responsible and are subject to the expense of removing the fill or cover for inspection.
3. After the depression is filled, the property owner is then responsible for leveling the lot and placing and maintaining the lot in a sightly and well-kept condition.
(Am. Ord. passed 10-4-1999; Am. Ord. passed 10-1-2007)
(b) Moving of houses, garages, and the like into the city or from one location to another within the city. Permit required.
(c) Fences. Permits are required to erect fences in all districts within the city with the exception of those fences used for crowd control, to protect vegetable or flower gardens from animals, to prevent entry into an area where activities such as utility work, construction, or demolition are occurring or to protect the general public from a possibly hazardous condition such as a fire or accident scene or a dangerous building. Fences used as dog kennels must have a permit issued before they can be erected. Those individuals wishing to erect fences to block snow during winter months must also obtain a permit which will be issued at no charge. Height requirements as stated in § 150.11(R) shall apply to all fences with the exception of crowd control or other types of fencing erected to protect the general public from hazardous conditions. Snow fences erected by city, county, or state highway departments to help prevent snow build-up on roads and streets shall not require a permit as long as the permission of the property owner is received before placement.
(d) Utility shed. Permits are required for assembly of a shed or moving the building onto a lot as well as for shed removal.
(4) Required inspections. If any building deemed for public occupancy (i.e., schools and churches) is constructed or renovated, the property owner must have any plumbing, heating, ventilation, and electrical work, which was part of the construction/renovation process, inspected and approved. Any public building, as defined by Minnesota Statutes, constructed or remodeled in the city must comply with the federal Americans With Disabilities Act (ADA) and/or the State Building Code requirements for handicapped persons.
(D) Schedule of fees, charges, and expenses.
(1) The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be recorded in the office of the City Clerk/Treasurer.
(2) No zoning permit, conditional use permit, or variance shall be issued unless or until the costs, charges, fees, or expenses have been paid in full. Permits expire 1 year after date of issue; therefore, all exterior construction and landscaping must be completed within the 1-year time period. If the project has not been completed within 1 year, the permit holder may apply to the Planning Commission and City Council, prior to the expiration date of the permit, for 1 extension at no additional charge. The extension will be valid for 6 months. If work is still not completed at the end of the 6-month extension, the permit holder must apply for a new permit. The Planning Commission and City Council will consider the application in the same manner as any new permit application received including the scheduling of any hearings that might be necessary before approval is given as well as the imposition of any fees charged for such a permit. If an extension is not requested before the 1-year expiration date, the permit holder must also apply for a new permit and the same requirements apply as when a 6-month extension has expired without completion of the project.
(Am. Ord. passed 12-7-1998)
(3) Only 2 zoning permits will be issued to 1 permit holder at 1 time. At least 1 permit must be completed before the permit holder will be allowed to apply for another permit.
(Ord. passed 1-3-2005)
(Ord. 106, passed 3-13-1995)