Loading...
(A) Criteria for granting amendments. The City Council may adopt amendments to this chapter and the zoning map in relation to land uses within a particular district or to the location of the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the Comprehensive Plan or changes in conditions in the city.
(B) Procedure.
(1) An amendment to the text of this chapter may be initiated by the City Council, the Planning Commission, or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the Council until it has received the Planning Commission’s recommendations. Individuals wishing to initiate an amendment to this chapter shall complete a zoning amendment application form and submit it to the Zoning Administrator.
(2) (a) A public hearing on the rezoning application shall be held by the Planning Commission within 30 days after the request for the zoning amendment has been received.
(b) Legal notice concerning official action pursuant to this section shall be as follows:
1. A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
2. 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.
(3) The City Council must take action on the application within 60 days following receipt of a complete application, unless the timeline has been extended or waived in accordance with M.S. § 15.99, as it may be amended from time to time. The person making the application shall be notified of the action taken. The amendment shall be effective upon majority vote of the Council, with the exception of an amendment changing all or part of the classification of a district from residential to either commercial or industrial, which shall be effective only if two-thirds of all members of the Council concur with its passage. The City Council shall maintain records of amendments to the text and zoning map of the ordinance.
(4) No application of a property owner for an amendment to the text of the ordinance or the zoning map shall be considered by the Planning Commission within the one year period following a denial of such request, except the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(5) To defray administrative costs including map changes, publication expenses, and filing fees for the purpose of processing requests for an amendment to this chapter, the applicable fee shall be paid by the petitioner. The applicable fee for a zoning ordinance amendment shall be established by the City Council.
(Prior Code, § 519.090) (Ord. passed 10-8-2003)
(A) Criteria for granting conditional use permits.
(1) In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, and general welfare of occupants of surrounding lands.
(2) Among other things, the City Council may make the following findings where applicable:
(a) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
(b) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;
(c) Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;
(d) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
(e) Adequate measures have been or will be taken to provide or control offensive odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;
(f) The developer shall submit a time schedule for completion of the project;
(g) The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use;
(h) The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use;
(i) The use is not in conflict with the Comprehensive Plan of the city;
(j) The use will not cause traffic hazard or congestion; and
(k) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, or general unsightliness.
(B) Additional conditions.
(1) In permitting a new conditional use or the alteration of an existing conditional use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area or the city as a whole.
(2) The conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or yard dimension;
(b) Limiting the height, size, or location of the buildings;
(c) Controlling the location and number of vehicle access points;
(d) Increasing the street width;
(e) Increasing the number of required off-street parking spaces;
(f) Limiting the number, size, location, or lighting of signs;
(g) Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;
(h) Designating sites for open space; and
(i) Providing the appropriate area for snow removal and snow storage.
(C) Procedures.
(1) Generally. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form.
(2) Information requirement. The information required for all conditional use permits generally consists of the following items, and shall be submitted when requested by the city:
(a) Site development plan.
1. Location of all buildings on lots including both existing and proposed structures;
2. Location of all adjacent buildings located within 350 feet of the exterior boundaries of the property in question;
3. Location and number of existing and proposed parking spaces;
4. Vehicular circulation;
5. Architectural elevations (type and materials used in all external surfaces);
6. Location and type of all proposed lights; and
7. Curb cuts, driveways, number of parking spaces.
(b) Dimension plan.
1. Lot dimensions and area;
2. Dimensions of proposed and existing structures;
3. Typical floor plan and typical room plan;
4. Setbacks of all buildings located on property in question;
5. Proposed setbacks; and
6. Sanitary sewer and water plan with estimated use per day.
(c) Grading plan.
1. Existing contour;
2. Proposed grading elevations;
3. Drainage configuration;
4. Storm sewer catch basins and invert elevations;
5. Spot elevations; and
6. Proposed road profile.
(d) Landscape plan.
1. Location of all existing trees, type, diameter, and which trees will be removed;
2. Location, type, and diameter of all proposed plantings; and
3. Location and material used for all screening devices.
(e) Legal description. Legal description of property under consideration; and
(f) Proof of ownership. Proof of ownership of the land for which a conditional use permit is requested.
(3) The Zoning Administrator shall refer the application to the Planning Commission for review.
(4) (a) The Planning Commission shall hold a public hearing on the proposal.
(b) The legal notice concerning official action pursuant to this section shall be as follows:
1. A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
2. 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.
(5) The petitioner or his or her representative may appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(6) The report of the Planning Commission shall be placed on the agenda of the City Council at its next regular meeting following referral from the Planning Commission, but not later than 60 days after the applicant has submitted a complete application.
(7) The City Council must take action on the application within 60 days after receipt of a complete application. The City Council, in its discretion, may hold an additional public hearing on the conditional use permit. The City Council 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.
(D) Re-application. No application for a conditional use permit shall be resubmitted for a period of six months from the date of said order of denial.
(E) Periodic review. If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review. It shall be the responsibility of the Zoning Administrator to schedule such public hearings, and the owner of land having a conditional use permit shall not be required to pay a fee for said review. A public hearing for annual review of conditional use permits may be granted at the discretion of the City Council.
(F) Compliance. In the event that the applicant violates any of the conditions set forth in this permit, the City Council shall have the authority to revoke the conditional use permit.
(G) Expiration. Conditional use permits shall expire upon the change of ownership of a parcel or if they have not been initiated within one year of date of issuance.
(H) Records. A record and appropriate minutes shall be prepared by the Planning Commission from the public hearing on the conditional use permit application. Specific findings of fact shall be made in addition to the recommendations of the Planning Commission.
(I) Fees. To defray administrative costs for processing a conditional use permit, the applicable fee shall be paid by the applicant. The applicable fee shall be set by the City Council.
(Prior Code, § 519.100) (Ord. passed 10-8-2003)
(A) Criteria for granting variances.
(1) A variance to the provision of this chapter may be issued to provide relief to the landowner in those zones where the ordinance imposes practical difficulties to the property owner in the use of his or her land. No use variances may be issued.
(2) A variance may be granted only in the event that the following circumstances exist:
(a) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this chapter have had no control;
(b) The literal interpretation of the provisions of this chapter would deprive the applicant of reasonable use of the property commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) The special conditions or circumstances do not result from the actions of the applicant;
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district;
(e) The variance requested is the minimum variance which would alleviate the practical difficulty;
(f) The variance would not be materially detrimental to the purposes of this chapter, or to property in the same zone; and
(g) The variance will not alter the essential character of the neighborhood.
(3) Economic conditions alone shall not be considered a practical difficulty.
(B) Procedure.
(1) The person applying for a variance shall fill out and submit to the Zoning Administrator a variance request form containing the following information:
(a) Description of the site (legal and address);
(b) Site plan showing parcel and building dimensions;
(c) Location of all buildings and their square footage measurements;
(d) Curb cuts, driveways, sidewalks, parking spaces, and off-street loading areas;
(e) Landscape and screening plans;
(f) Water, sanitary sewer, and stormwater plans; and
(g) Any additional information reasonably requested by the Zoning Administrator or Board of Adjustment.
(2) The Zoning Administrator shall refer the application to the Board of Adjustment for review.
(3) (a) The Board of Adjustment shall hold a public hearing on the proposal.
(b) Legal notice concerning official action pursuant to this section shall be as follows:
1. A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
2. 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.
(4) The petitioner or his or her representative shall appear before the Board of Adjustment in order to answer questions concerning the proposed variance.
(5) The Board of Adjustment shall make findings of fact and recommend approval or denial of the request. The Board’s recommendation shall be presented to the City Council.
(6) Upon receiving a recommendation from the Board of Adjustment, the City Clerk/Treasurer or Zoning Administrator shall place the recommendation on the agenda for the next regular City Council meeting. Such recommendations shall be made a part of the permanent written record of the City Council meeting.
(7) The City Council shall review the application and may at its option conduct a public hearing on the request.
(8) The Council shall make finding of fact and approve or deny a request for variance within 60 days after receipt of the complete application.
(9) A variance of this chapter shall require a four-fifths vote of the Council.
(10) If it grants the variance, the Council 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.
(C) Lapse of variance. Variance permits shall expire if they have not been implemented within one year after the date of issuance.
(D) Variance. No variance shall be granted which would allow any use that is prohibited in the zoning district in which the subject property is located.
(E) Fees. To defray the administrative costs of processing requests for variances, the applicable fee shall be paid by the applicant. The applicable fee is in addition to the regular zoning permit. Fees for site permits and variance applications shall be established by the City Council.
(Prior Code, § 519.110) (Ord. passed 10-8-2003)
For the purposes of enforcing this chapter, a zoning permit shall be required of all persons intending to erect, expand, change the usage of, or move any building.
(A) Persons requesting a zoning permit or building permit shall fill out a zoning permit form available from the Zoning Administrator or City Clerk/Treasurer. A site plan must be submitted by the applicant. Such site plan shall show the proposed location and arrangement of the building or buildings on the site, the parking spaces required, proposed exterior materials, proposed landscaping, all special requirements such as fencing, drainage, proposed lighting, methods of ingress and egress, trash enclosures, and whatever other information that the Zoning Administrator or Planning Commission may from time to time require. No building permit shall be approved unless said site plan conforms to the conditions listed within this chapter and the use is consistent with the district.
(B) If the proposed development involves a zoning amendment, variance, or conditional use permit, the application, together with a zoning permit, shall be submitted either to the Planning Commission or the Board of Adjustment for review and appropriate action according to the procedures set forth in this chapter.
(C) In such cases where fences are being erected or structures are being constructed, altered, or enlarged within questionable distances of the applicable setbacks in districts, the City Planning Commission may require the applicant (at the applicant’s expense) to have the lot surveyed and staked in order to ensure compliance with the regulations established by the city.
(D) Zoning permits shall expire one year after the date of issuance. All exterior construction and landscaping must be completed within one year after the date of issuance except permanent surfacing of private driveways must be completed within five years from the date of the initial permit issuance. A phased zoning permit may be issued to an applicant that requires completion of the foundation of a structure fire, prior to any additional authorizations or permits for the completion of a structure to be placed above the foundation.
(E) The City Council shall set the fees from time to time for all zoning permits, sewer permits, variance applications, conditional use applications, pumping permits, installer’s permits, zoning change applications, mobile home park applications, and subdivision plats.
(Prior Code, § 519.120) (Ord. passed 10-8-2003; Ord. 2024-03, passed 4-3-2024)
