A. Designated Zoning Official: The zoning official designated by the city council, has authority granted by the city council, and is responsible for enforcement, maintenance, and administration of the zoning ordinance and may be provided with the assistance of other persons as authorized by the city council. Specific duties include the following:
1. Process applications for zoning permits;
2. Process applications for zoning changes, zoning amendments, conditional use permits;
3. Process applications for variances;
4. Update zoning map periodically to reflect zoning changes;
5. Prepare findings of the planning commission and board of appeals to be submitted to the city council.
If the zoning official finds that any of the provisions of this title are being violated, he/she shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it. The zoning official shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of the additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions.
B. Zoning Permit: A zoning permit must be completed to ensure that all provisions of the zoning ordinance are met when the applicant proposes to construct a new structure, or to construct an expansion or addition to an existing structure, or to construct an accessory building, or to move a structure onto a lot. When a building is to be moved, it must also comply with the provisions of section 10-5-3 of this title.
C. Application For Zoning Permit: Application forms are available at city hall. Plans shall be drawn, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required, including existing or proposed buildings or alterations; existing or proposed uses of structures and land; existing or proposed parking; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine the conformance with, and provide for the enforcement of, this title.
The permit will state and document the following conditions to be met prior to approval:
1. Any person desiring to improve property shall submit an accurate description of the property to be improved including front, rear and side yard lot lines of buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city provisions.
2. A lot must be served with city water and sewer before a zoning permit can be issued.
3. All buildings shall be placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
4. Not more than one principal building shall be located on a parcel.
5. All new residential and commercial construction or building relocation of same will require that applicant provide a survey of the property to the zoning official.
6. All "residential" construction must have a Minnesota licensed contractor and provide proof of insurance when required by Minnesota law.
7. If any part of the lot is in or adjacent to the 100-year floodplain, a certified elevation plan must be submitted. If lot is in floodplain, applicant must also conform to title 11 of this code.
8. If any part of the lot is in or adjacent to wetlands, applicant must also conform to title 11 of this code.
9. Building elevations will be governed by title 9, chapter 1 of this code. The permit must document garage floor and structure elevation.
10. Building numbering will be governed by title 9, chapter 2 of this code.
D. Time Frame For Permit Approval: An official zoning decision will be made on permits within a sixty (60) day time frame. The sixty (60) day time frame starts from the date the completed city application, all required information, and fees are submitted to the zoning official. If the application does not contain all information required by law or by a previously adopted rule, ordinance or policy, the zoning official will provide written notification within ten (10) business days telling the applicant "what information is missing". The clock will restart on the sixty (60) days once the information is received by the zoning official.
E. Extension Of Permit Approval Time Frame: The city may extend the sixty (60) day limit for an additional sixty (60) days. The zoning official must give the applicant written notice of the extension before the initial sixty (60) day period ends. The written notice must indicate two (2) things: the reason for the extension and the length of the extension (up to an additional 60 days). Reasons for an extension may include, for example, the need for additional staff review of complex issues or the need for additional public meetings or planning commission review.
When state law requires the preparation of an environmental assessment worksheet (EAW) or an environmental impact statement (EIS) the deadline is extended until sixty (60) days after the review process is completed.
F. Copies Of Permit: A copy of the permit shall be returned to the applicant, after such copy has been marked either approved or unapproved and attested to same by the zoning official's signature on such copy. The original copy of the permit shall be retained by the zoning official.
G. Expiration Of Zoning Permit: If the work described in any zoning permit is not completed within twelve (12) months, said permit shall expire and be null and void. It shall be canceled by the zoning official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless, and until, a new zoning permit has been obtained.
H. Construction And Use To Be As Provided In Applications, Plans, And Permits: Zoning permits issued on the basis of plans and applications approved by the zoning official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction which is at variance with the approved zoning permit shall be a violation of this title.
I. Enforcement And Violations: The zoning ordinance shall be administered and enforced by the zoning official. The zoning official may institute, in the name of the city, any appropriate actions or proceedings against a violator as provided by law or city ordinances. Failure to comply with a condition in a conditional use permit shall be a violation of this title. Each day such violation continues or occurs constitutes a separate offense and may be prosecuted as such.
Zoning Permit Process
(Ord. 230, 5-6-2002)