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§ 156.071 PERMITS.
   (A)   (1)   Before any structure, including a portable storage shed, is erected, altered, or moved, or a manufactured home is placed on any lot outside of a manufactured home park, a permit shall be obtained from the Clerk/Treasurer. Permits are required for additions, new structures, storage buildings, any alteration that will change the height and/or footprint of the structure including demolition, and for any structure that will be moved onto the property. The provisions of this chapter shall be complied with before a permit may be issued. Permits will not be required for maintenance or updates to a building such as siding, roofing, remodeling interior, replacing decks, replacing steps, replacing windows, and the like. MAINTENANCE is considered any change within the current size of the structure including replacement of the structure.
      (2)   The City Council shall, by ordinance, establish a permit fee. A permit shall not be issued until the City Zoning Officer is satisfied that all of the provisions of the Zoning Code will be followed by the person requesting the permit. The City Zoning Officer shall not issue a permit to any person who is required to be a licensed residential contractor under the provisions of M.S. § 326B.85, as it may be amended from time to time, unless the person has a license. The City Zoning Officer shall report an unlicensed person applying for the permit to the State Commissioner of Commerce.
   (B)   All applications for zoning permits shall be submitted to the Zoning Officer on a zoning permit application form, along with any additional information reasonably requested by the Zoning Officer. Following review of the application, the Zoning Officer shall determine whether it is complete prior to making a site visit. Should the application indicate a need for a variance or conditional use permit, the Zoning Officer will follow the appropriate procedures set out in this chapter. If the Zoning Officer determines the permit request is compliant with all sections of this ordinance, he or she shall authorize issuance of the permit by signing the application form as indicated. The Clerk/Treasurer or Zoning Officer shall issue said permit within ten days upon receipt of the zoning permit fee set by the City Council by ordinance.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.072 BOARD OF ZONING ADJUSTMENT.
   (A)   In accordance with the requirements of law for a Board of Zoning Adjustment and the authority granted by law for the City Council to serve in that capacity, the City Council shall constitute a Board of Zoning Adjustment.
   (B)   The Board of Adjustment 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 such an administrative official charged with enforcing the chapter. Such appeal may be made by any person, firm, corporation aggrieved or by any officer, department, or commission of the city. The Board of Adjustment shall decide the same within a reasonable time.
   (C)   Such appeal shall be filed with the Board of Adjustment through the Zoning Officer in writing accompanied by reasons and supporting facts. Within a reasonable time after receipt by the Zoning Officer of filing of a request for an appeal from an administrative order or determination, the Planning Commission shall review the appeal and report to the Board of Zoning Adjustment.
   (D)   The Board of Adjustment shall hold a public hearing on the appeal and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of such hearing shall be mailed to the person or persons who filed the appeal or request. The Board of Adjustment may, so long as such action is in conformity with the terms of the chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Officer from whom the appeal was taken and may issue or direct the issuance of a permit. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter. The reason for the Board’s decision shall be stated in written findings. Any aggrieved person shall have the right to appeal to the District Court for the county.
   (E)   The Board of Adjustment shall have power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical that would deprive the owner of the reasonable use of the land or building involved, but in no other cases except as specifically described in § 156.073.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.073 VARIANCES.
   (A)   Criteria for granting variances may only be in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance to the provision of the zoning ordinance may be issued to provide relief to the landowner in those zones where the chapter imposes. A landowner must meet the following requirements in order to be granted a variance.
      (1)   The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls.
      (2)   The plight of the landowner is due to circumstances unique to the property not created by the landowner.
      (3)   The deviation from this chapter, with any attached conditions, will still be in keeping with the spirit and intent of the chapter.
      (4)   The variance will not create a land use not permitted in the zone.
      (5)   The variance will not alter the essential character of the city/locality.
      (6)   The variance is not for economic reasons alone.
   (B)   The person applying for a variance shall fill out and submit to the Zoning Officer a completed variance application form, any additional information reasonably requested by the Planning Commission or the Zoning Officer and a fee to be set by the City Council by ordinance. If the work will not be completed in one year, the applicant shall submit a time schedule for completion of the work. The Zoning Officer shall determine if the application is complete prior to referring the application to the Planning Commission along with a staff report. The Planning Commission shall review the application; make findings of fact and recommendations. The Commission’s recommendation shall be presented to the City Council, acting in its capacity as the Board of Adjustment.
   (C)   The Board of Adjustment shall hold a public hearing on the proposal after notification of the date, time, and place of the hearing is published in the city’s official newspaper at least ten days before the hearing. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail. The petitioner or his or her representative shall appear before the Board of Adjustment in order to answer questions concerning the proposed variance. The Board of Adjustment shall make findings of fact and approve or deny a request for a variance within 60 days after receipt of the complete application. A variance of this chapter shall be made by simple majority vote. If it grants the variance, the City Council, acting in its capacity as the Board of Adjustment, may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare, and such conditions may include a time limit for the use to exist or operate. No variance shall be granted which would allow any use that is prohibited in the zoning district in which the subject property is located.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.074 CONDITIONAL USES.
   (A)   A CONDITIONAL USE is a use that is permitted within the applicable zoning district but which may be, or could become, incompatible under certain conditions with adjacent uses or generally with other uses within the applicable zoning district. As a result, a public review shall be required before the land may be used for the specified purpose. Review of the proposed site design, and conditions on the use of the property or lot under consideration, may be added before approval is granted.
   (B)   The applicant shall complete and submit to the Zoning Officer a conditional use permit application form, any additional information reasonably requested by the Planning Commission or the Zoning Officer, and a fee to be set by the City Council by ordinance. The Zoning Officer shall determine if the application is complete prior to setting a hearing date and time and referring the application to the Planning Commission. The Board of Adjustments shall hold a public hearing on the proposal after notification of the date, time, and place of the hearing is published in the city’s official newspaper at least ten days before the hearing. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail. The petitioner or his or her representative shall appear before the Planning Commission in order to answer questions concerning the proposed conditional use permit. The Commission’s recommendation shall be presented to the City Council. The City Council shall make findings of fact and approve or deny a request for a conditional use permit within 60 days after receipt of the complete application. If it grants the permit, the City Council impose conditions it considers necessary to protect the public health, safety, and welfare, and such conditions may include a time limit for the use to exist or operate.
   (C)   An accurate property description and a site design plan showing existing or proposed buildings, streets, access parking spaces, signs, and landscaping screening plans shall be required to be submitted along with the application form.
   (D)   The Planning Commission shall recommend a conditional use permit and the City Council order the issuance of such permit only if it finds that such use at the proposed location:
      (1)   Will be harmonious with the comprehensive plan of the city and this chapter;
      (2)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding area and will not change the essential character of that area;
      (3)   Will not be hazardous, unhealthy, or unsafe to existing or future neighboring uses;
      (4)   Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools;
      (5)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
      (6)   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of or offensive traffic, noise, smoke, fumes, dust, glare, vibrations, odors, or other pollutants;
      (7)   Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;
      (8)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance; and
      (9)   Will be compatible with surrounding buildings, circulation, open space, landscaping, parking, and compatible with existing natural topography, natural water courses, vegetation, exposure to sunlight and wind, and views.
   (E)   In recommending or approving any conditional use permit, the Planning and Zoning Commission and the City Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the surrounding area or the city as a whole. Such conditions as are imposed shall bind any successors and shall not be affected by any subsequent transfer of ownership. Violation of any such condition is a violation of this chapter. These conditions may include, but are not limited to, the following:
      (1)   Ingress and egress modifications to the property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe;
      (2)   Changes to off-street parking and loading areas where required with particular attention to the related noise, glare, or odor effects on nearby property;
      (3)   Changes to refuse and service with particular attention to ingress and egress;
      (4)   Modification in utility plans with reference to location, availability, and compatibility;
      (5)   The addition of fencing, screening, landscaping, or other facilities to protect or buffer abutting or adjacent property;
      (6)   Modification to proposed signs, if any, and proposed exterior lighting with reference to glare, traffic safety, and compatibility and harmony with properties in the district;
      (7)   Changes in required yards and other open space; and/or
      (8)   Controls on the hours of operation of all or portions of a particular use.
   (F)   (1)   Application for changes in the conditions or site design plan of an approved conditional use permit shall be required. The City Council may approve, disapprove, or approve with conditions, the application. Approval of the changes by the City Council shall be granted before on-site changes or developments are permitted. A public hearing before the City Council shall be held where a public hearing was required for approval of the original proposal and application. Changes in the approved site plan, submitted as part of the conditional use permit application, involving minor changes in the following may be authorized by the Zoning Officer for good cause shown:
         (a)   The location and alignment of buildings not to exceed ten feet and that meet all other ordinance requirements;
         (b)   Other minor revisions in the shape of structures and still meeting all other ordinance requirements; or
         (c)   Adding accessory structures not exceeding 5% of the total floor area of all structures on the property and meeting all other ordinance requirements.
      (2)   The Zoning Officer, however, may refer such proposed changes to the site plan to the Planning Commission for review if the proposed changes do not appear to fit clearly into one of the above three options, or where proposed changes appear to change or compromise conditions placed on the applicant at the time of approval of the conditional use and site plan by the City Council.
   (G)   If the Planning Commission recommends denial of a conditional use permit, or the City Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the standards required by this chapter.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
§ 156.075 DECISION.
   The City Council or the City Council acting as the Board of Zoning Adjustment shall make a record of its proceedings upon each application. This shall include the minutes of its meetings, its findings, and the action taken on each application heard by it, including the final order. The Clerk/Treasurer shall mail a copy of the order deciding the matter on the applicant by mail. The Clerk/Treasurer shall also serve a copy, either certified or uncertified, of the order upon any other person who has filed with the Clerk/Treasurer a demand for notice of the order.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)
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