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§ 1002.08 Conditional Use Permits (CUP).
   Subd. 1.   Purpose. The purpose of a conditional use permit (CUP) is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health, and safety.
   Subd. 2.   Procedure. The process for filing a conditional use permit is outlined below.
         1.   Prior to filing an application for conditional use permit, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items, including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.
         2.   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.
         3.   The City Council shall approve, deny, or conditionally approve the conditional use permit within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a later date agreed to in writing by the applicant.
         4.   Following receipt of a complete application, the Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location, and brief description of the proposal in the official newspaper at least ten days prior to the public hearing. Written notices shall be mailed at least ten days prior to the public hearing to all owners of land within 500 feet of the boundary of the property to which the conditional use permit relates.
            a.   A copy of the public hearing notice for applications under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.
            b.   A copy of the public hearing notice for applications under floodplain management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.
         5.   Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this section.
         6.   The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed conditional use permit. The judgment of the Planning Commission with regard to the application shall be based upon (but not limited to) the following factors:
            a.   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the objectives of the Comprehensive Plan, including public facilities and capital improvement plans;
            b.   The proposed action meets the purpose and intent of this chapter and the intent of the underlying zoning district;
            c.   The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity;
            d.   There is an adequate buffer yard or transition provided between potentially incompatible uses or districts;
            e.   The proposed use is or will be compatible with present and future land uses of the area;
            f.   The proposed use conforms with all performance standards contained within this chapter; and
            g.   Traffic generation by the proposed use is within capabilities of streets serving the property.
         7.   The Planning Commission and city staff shall have the authority to request additional information be provided by the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
         8.   Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall hold a public meeting to act on the application. The City Council may, before taking final action and subject to the limitations provided under M.S. § 15.99, as it may be amended from time to time, refer the matter back to the Planning Commission for further consideration based upon new information, or if the City Council finds that specific inconsistencies exist in the review process. The City Council shall provide the Planning Commission with a written statement detailing the reasons for referral.
         9.   Approval of a conditional use permit shall require passage by a majority vote of the Council members present at the City Council meeting. Said approval shall be in the form of a resolution setting forth the findings of fact and conditions of approval associated with the conditional use permit.
            a.   A copy of approved final decisions granting conditional uses under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.
            b.   A copy of approved final decisions granting conditional uses under local floodplain management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.
         10.   Denial of applications for conditional use permits shall be accompanied by written findings of fact of the City Council, including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this chapter and is otherwise injurious to the public health, safety, and welfare.
         11.   Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.
   Subd. 3.   Information Requirements. All information as required by the city’s conditional use permit handout.
   Subd. 4.   Performance Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the performance standards in Section 1006.
   Subd. 5   Permit Modifications. Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the city. Proposed permit modifications shall be classified as major or minor, as determined by the Zoning Administrator. Major permit modifications may include, but shall not be limited to, hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed as follows.
         1.   Minor Permit Modifications, Additional Qualifications. In addition to other considerations noted above, minor permit modifications shall meet the following criteria:
            a.   Sites shall be in non-residential zoning districts, and shall not abut any residential zoned property;
            b.   All sites must be in the urban service area as defined by the Comprehensive Plan;
            c.   All sites must be legal parcels of record at the time of application;
            d.   All permit modification proposals shall meet or exceed the standards of all applicable codes, ordinances, and policies and shall be free of variances from those standards;
            e.   Only applications for amendments to existing conditional uses classified as conditional uses within the respective zoning districts of this chapter are eligible for administrative approval; and
            f.   Administrative approval of minor permit modifications shall be subject to the requirements of subsection 1002.05.
         2.   Major Permit Modifications, Qualifications. Any permit modification not classified or qualifying as minor shall be classified as major. Major permit modifications shall be processed according to the procedure set forth for processing conditional use permits and shall be subject to all requirements and standards of this subsection.
   Subd. 6.   Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this chapter, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing conditional use permits by this subsection. The Zoning Administrator shall provide the applicant a copy of the proceedings and findings of the Planning Commission and City Council.
   Subd. 7.   Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued; or, unless before the expiration of the one-year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
   Subd. 8.   Filing CUP with the County. A certified copy of all conditional use permits shall be filed with the County Recorder pursuant to Minnesota Statutes.
   Subd. 9.   Inspection. The city hereby reserves the right upon issuing any conditional use permit to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.
   Subd. 10.   Site Improvement Performance Agreement. Upon approval of a conditional use permit, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.
§ 1002.09 Interim Use Permits (IUP).
   Subd. 1.   Purpose. The purpose of allowing interim uses is to allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
   Subd. 2.   Procedure.
         1.   Existing Uses. Uses defined as interim uses which presently exist as a legal use or a legal non-conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses.
         2.   New Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by subsection 1002.08.
   Subd. 3.   Information Requirements. All information as required by the city’s interim use permit handout.
   Subd. 4.   General Standards. An interim use shall comply with the following:
         1.   Meet the standards of a conditional use permit set forth in subsection 1002.08;
         2.   The use is allowed as an interim use in the respective zoning district and conforms to zoning regulations;
         3.   The date or event that will terminate the use can be identified with certainty;
         4.   The use will not impose additional unreasonable costs on the public if it is necessary for the public to take the property in the future; and
         5.   The user agrees to any conditions that the City Council deems appropriate for permission of the use.
   Subd. 5.   Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
         1.   The date or event stated in the permit; and/or
         2.   Upon violation of conditions under which the permit was issued.
   Subd. 6.   Limitations on Renewal. An interim use permit that has expired or has been terminated shall not be eligible for renewal if a change in the city’s zoning regulations has rendered the use non-conforming.
   Subd. 7.   Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued; or, unless before the expiration of the one-year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator or designee. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
   Subd. 8.   Site Improvement Performance Agreement. Upon approval of an interim use permit, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the interim use permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.
§ 1002.10 Temporary Uses.
   Subd. 1.   Purpose. Certain uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis. This may be due to the lack of development on existing property due to a short-term need (such as highway construction), or to the limited degree of adverse effects upon adjacent land use. Accordingly, it is the intention of this subsection to recognize certain temporary uses as being potentially allowable and provide regulations for their control, if permitted.
   Subd. 2.   Procedure. Where not specifically listed in the underlying zoning district, all temporary uses identified in Subd. 3 below shall be permitted in any zoning district provided they apply for and receive approval of an administrative permit, building permit, and/or appropriate city license.
   Subd. 3.   Permitted Temporary Uses. The following temporary uses may be permitted subject to administrative permit requirements of subsection 1002.05, the provisions of this subsection and licensing requirements of the city, if any:
         1.   Temporary Outdoor Seasonal Sales. Temporary outdoor seasonal sales as defined in subsection 1002.05 may be permitted in any business zoning district for a period not to exceed 60 days;
         2.   Civic Activities. Community activities by non-profit civic groups, upon approval by the City Council of the proposed program as being in harmony with area uses, and upon issuance of appropriate permits and licenses;
         3.   Food vendors (ice cream trucks, popcorn stands, hot dog stands, pop stands, and the like);
         4.   Road Materials. Black top or crushing plant for highway materials;
         5.   Excavating for Sale. Excavating materials sold from a construction project such as excess sand, gravel, or black dirt;
         6.   Stockpiling. Stockpiling of material for use in roadway construction;
         7.   Carnival. Carnivals or circuses when operated as a separate commercial business for a period not to exceed 15 days; and
         8.   Temporary Outdoor On-Sale Events. Temporary outdoor on-sale events may be permitted in any business zoning district. Eligible applicants are limited to businesses already holding an on-sale license from the city to sell beer, wine, or intoxicating liquor. This permit is subject to the following conditions and provisions:
            a.   Such applicants must abide by all state and local liquor regulations including compact and contiguous requirements for the outdoor area. See subsection 400.12, Regulation of Outdoor Areas in On- Sale Liquor, Wine, and Beer Establishments;
            b.   Each event must be individually permitted;
            c.   This permit does not impact any outdoor dining administrative permit held under subsection 1006.07, Subd. 1;
            d.   The applicant is required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations;
            e.   Any temporary outdoor on-sale event must be held on property owned, leased, or otherwise controlled by the applicant;
            f.   The applicant must demonstrate the following, all of which are subject to the review and approval by the Zoning Administrator.
               i.   The event area shall be sufficiently screened from adjacent residential areas.
               ii.   All lighting is hooded or otherwise sufficiently directed away from adjacent residential uses.
               iii.   Pedestrian and traffic circulation is minimally disrupted by providing physical barriers to guide pedestrians and vehicles around the event.
               iv.   If the event is held in a space that is typically used as a parking lot or other thoroughfare, the applicant must show that the area is not accessible to vehicles during the event.
            g.   The Zoning Administrator may further restrict the days, hours, nature, volume, and other aspects of entertainment through this temporary outdoor on-sale event to preserve the general welfare.
   Subd. 4.   Permit and Performance Criteria. The following permit requirements and performance criteria shall apply generally to temporary uses in addition to the special provisions outlined herein:
         1.   A permit application form and fee, as set by City Council, shall be submitted to the Zoning Administrator, who is hereby authorized to review and approve permits for temporary uses, provided the following criteria are satisfied;
         2.   No portion of the temporary use shall take place within any public right-of-way or landscaped green strip;
         3.   Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns;
         4.   Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property;
         5.   The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking, or driveway operations;
         6.   Display areas, trailers, temporary stands, and the like shall be located on an asphalt or concrete surface as approved in the administrative permit;
         7.   Temporary uses (with a valid administrative permit) may have one on-site temporary sign not to exceed 24 square feet in area and not more than six feet in height;
         8.   The owner/operator shall have the written permission of the current property owner to locate the temporary use on a specific site;
         9.   A daily clean-up program shall be presented as part of the administrative permit application;
         10.   Those temporary uses that are determined by the City Administrator not to be consistent with the intent of the City Code, and Comprehensive Plan may be appealed pursuant to the process outlined in subsection 1002.13;
         11.   Adjacent vacant land is not yet impacted by development pressures or will not be affected by the proposed use;
         12.   Adjacent developed land will not be adversely affected by the proposed use because of traffic, noise, dust, smoke, unsightliness, or other nuisance characteristic;
         13.   The administrative permit shall terminate six months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the Building Official, whichever occurs first. The permit may be extended for an additional 90 days at the discretion of the Zoning Administrator; and
         14.   There is adequate assurance, guaranteed by performance bond in a form accepted by the City Attorney, if deemed necessary by the Zoning Administrator, that the property will be left in suitable condition after the temporary use is terminated.
(Ord. 2023-08, passed 6-14-2023)
§ 1002.11 Site Plans.
   Subd. 1.   Purpose. The purpose of this subsection is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter.
   Subd. 2.   Exceptions. Except in those cases specifically cited within this chapter, the following shall be excepted from the foregoing requirements of this subsection:
         1.   Agricultural uses;
         2.   Single-family detached dwellings; and
         3.   Two-family attached dwellings if in a group of four or less dwelling units.
   Subd. 3.   Concept Plan.
         1.   Prior to the formulation of a site plan, applicants may present a concept plan to the Zoning Administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than one foot and may include the following: All information as shown on the city’s concept plan handout.
         2.   The Zoning Administrator or designee shall review the plans for compliance with city standards and shall have the authority to refer the concept plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.
   Subd. 4.   Procedure. The process for filing a site plan is outlined below.
         1.   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.
         2.   The Zoning Administrator or City Council shall approve, deny, or conditionally approve the site plan within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a later date agreed to in writing by the applicant.
            a.   Qualification. Site plans classified as minor projects may be administratively approved by the Zoning Administrator in lieu of City Council review and approval only for sites which meet the following criteria.
               i.   Sites shall be in non-residential zoning districts, including those within planned unit developments, and shall not be within 200 feet of any residentially used or zoned property.
               ii.   All sites must be legal parcels of record at the time of application.
               iii.   All applications for site plan approval must be complete and in full accordance with the requirements of this chapter. All applicable fees shall be paid.
               iv.   All development proposals and site plan layouts must meet or exceed the standards of all applicable codes, ordinances, and policies and must be free of any major variances from those standards.
               v.   No other subdivision or zoning applications that require Council approval are required.
            b.   Major Projects. Any project not classified or qualifying as a minor project shall be classified as a major project.
         3.   The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.
         4.   The Zoning Administrator or designee shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.
         5.   City staff shall have the authority to request additional information is provided by the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
         6.   The applicant or a representative thereof shall meet with the Zoning Administrator and/or city staff in order to present information and answer questions concerning the proposed request.
   Subd. 5.   Information Requirements. The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the Zoning Administrator. All information as required on the city’s site plan handout.
   Subd. 6.   Site Amendment. An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.
   Subd. 7.   Lapse of Approval. Unless otherwise specified by the Zoning Administrator, the site plan approval shall become null and void one year after the date of approval, unless the applicant or property owner has substantially started the construction of any building, structure, addition, or alteration or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.
         1.   In making the determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.
         2.   The request for an extension of site plan approval shall be determined by the Zoning Administrator within 15 days from the receipt of a complete request.
   Subd. 8.   Site Improvement Performance Agreement. Upon approval of a site plan, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the site plan approval and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.
   Subd. 9.   Site Plan Review Process. The review and approval of site improvements pursuant to the requirements of city adopted Building and Fire Codes shall be in addition to the site plan review process established under this chapter. The site plan approval process does not imply compliance with the requirements of these Building and Fire Codes.
   Subd. 10.   Formal Agreement. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications, or alterations shall be made to any plan detail, standard, or specifications without prior submittal of a plan modification request to the Zoning Administrator for review and approval.
§ 1002.12 Variance.
   Subd. 1.   Purpose. The purpose of this subsection is to provide relief from the strict application of the terms of this chapter, in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated to be in keeping with the spirit and intent of this chapter.
   Subd. 2.   Procedure. The process for filing a variance application is outlined below.
         1.   Prior to filing an application for variance, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.
         2.   The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.
         3.   The City Council shall approve, deny, or conditionally approve the variance within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as amended from time to time, or a later date agreed to in writing by the applicant.
         4.   Following receipt of a complete application, the Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location, and brief description of the proposal in the official newspaper at least ten days prior to the public hearing. Written notices shall be mailed at least ten days prior to the public hearing to all owners of land within 500 feet of the boundary of the property to which the variance application. A copy of the public hearing notice for applications under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.
         5.   Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this subsection.
         6.   The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed variance. An application for variance shall not be approved unless a finding is made that failure to grant the variance will result in practical difficulties for the applicant in complying with the requirements of this chapter. Practical difficulties means that the applicant proposes to use the property in a reasonable manner not permitted by the chapter. In addition, as may be applicable, all of the following criteria must be met:
            a.   Because of the particular physical surroundings, lot shape, narrowness, shallowness, slope, or topographical conditions of the specific parcel of land involved, practical difficulties to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
            b.   The conditions upon which a petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;
            c.   The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;
            d.   The alleged practical difficulties are caused by this chapter and have not been created by any persons having an interest in the parcel of land and are not self-created difficulties;
            e.   The granting of the variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood;
            f.   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;
            g.   The variance is the minimum action required to eliminate the practical difficulties;
            h.   The variance does not involve a use which is not allowed within the respective zoning district;
            i.   The variance is in harmony with the general purposes and intent of this chapter;
            j.   The variance is consistent with the Comprehensive Plan;
            k.   The property owner proposes to use the property in a reasonable manner not permitted by this chapter; and
            l.   The variance will not alter the essential character of the locality.
         7.   Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of subsection 1004.03. No variance may be granted that would allow any use that is not allowed in the underlying zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
         8.   For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require re-construction of a non-conforming sewage treatment system.
         9.   The Planning Commission and city staff shall have the authority to request additional information be provided by the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
         10.   Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall hold a public meeting to act on the application. The City Council may, before taking final action and subject to the limitations provided under M.S. § 15.99, as it may be amended from time to time, refer the matter back to the Planning Commission for further consideration based upon new information, or if the City Council finds that specific inconsistencies exist in the review process. The City Council shall provide the Planning Commission with a written statement detailing the reasons for referral.
         11.   Approval of a variance application shall require passage by a majority vote of the Council members present at the City Council meeting. Said approval shall be in the form of a resolution setting forth the findings of fact and conditions of approval associated with the variance.
            a.   A copy of all final decisions granting a variance under local shoreland management controls shall be sent to the Commissioner or the Commissioner’s designated representative and postmarked within ten days of final action.
            b.   When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in item 11.a above shall also include the Board of Adjustment’s summary of the public record/testimony and the finding of facts and conclusions which supported the issuance of the variance.
            c.   In passing a variance to the floodplain management section of this chapter, the City Council shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting the variance, the City Council may prescribe appropriate conditions and safeguards such as those specified in subsection 1002.08. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under subsection 1004.02. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.
            d.   The Zoning Administrator shall notify the applicant for a variance that:
               i.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and
               ii.   Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
         12.   Denial of applications for variance shall be accompanied by written findings of fact of the City Council including supporting data setting forth the reasons for the denial in terms of the ways in which the application fails to meet the applicable difficulties or hardship standard, intent of the Comprehensive Plan and/or this chapter or would be otherwise injurious to the public health, safety, and welfare.
         13.   Whenever an application for a variance has been considered and denied by the City Council, a similar application for variance affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.
   Subd. 3.   Information Required. Information required for all variance applications shall include all information as required by the city’s variance handout.
   Subd. 4.   Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any variance for cause upon determination that the authorized variance is not in conformance with the conditions of the approval or is in violation of this chapter, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application, and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing variances by this subsection. The Zoning Administrator shall provide the applicant a copy of the proceedings and findings of the Planning Commission and City Council.
   Subd. 5.   Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, variances which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the variance is approved; or, unless before the expiration of the one year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance application. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
   Subd. 6.   Filing Variance with the County. A certified copy of all variance resolutions shall be filed with the County Recorder pursuant to Minnesota Statutes. A building permit for the subject construction shall not be issued until proof of recording has been provided to the City Administrator.
   Subd. 7.   Inspection. The city hereby reserves the right upon issuing any variance approval to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.
   Subd. 8.   Site Improvement Performance Agreement. Upon approval of a variance application, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the variance approval and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.
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