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The following uses are permitted accessory uses as such uses are defined and in accordance with the required lot provisions and design standards. However, any incidental repair or processing necessary to conduct a permitted principal use shall not occupy more than 30% of the floor area.
(A) Electronic amusement devices (machines), where the principal use is a Class I or Class II restaurant or a dry goods, drug, variety, hobby, or toy store. Up to 4 such devices are permitted. However, if the area of the principal use is at least 15,000 square feet, up to 30 such devices are permitted.
(B) Off-street parking and loading.
(C) Retail sales of edible cannabinoid products, where the principal use is a business that holds one or more of the following licenses: 3.2% malt liquor on-sale license, 3,2 % malt liquor off-sale license, off-sale intoxicating liquor license, on-sale intoxicating liquor license, combination on-sale/off-sale intoxicating liquor license, on-sale wine license, brewer taproom on-sale license, or small brewer off-sale license, as defined under § 111.22. Edible cannabinoid products shall not occupy more than 10% of the publicly accessible floor area.
(D) Signs.
(E) Solar collectors.
(F) Temporary outdoor storage or display of goods used in conjunction with and on the same site as the permitted use, provided that the goods are not outdoors overnight; the storage or display area does
not exceed 100 square feet; and the storage or display is not within the required front yard, or when a side yard abuts a street in the side yard, setback area.
(G) Tobacco sales, where the principal use is a bar, grocery store, and off-sale liquor. Tobacco sales shall not occupy more than 10% of the floor area.
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(Ord. 2013-05, passed 5-20-2013; Am .Ord. 2017-04, passed 12-18-2017; Am. Ord. 2023-01, passed 2-13-2023; Am. Ord. 2023-03, passed 8-28-2023)
(A) Criteria for approval. The Council may amend this subchapter and the zoning map in relation to land uses within a particular district or as to the location of district lines (rezoning). Amendments shall not be made indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the Comprehensive Plan, policies plan or changes in conditions in the city.
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(B) Procedure. Amendment may be initiated by the Council, the Planning Commission or upon application of a property owner. Individuals wishing to initiate an amendment shall complete a zoning amendment application form and submit it to the city. Any amendment not initiated by the Planning Commission shall be referred to that Commission for review, and no amendment shall be acted upon by the Council until it has received the Planning Commission recommendations or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency or otherwise in compliance with M.S. § 15.99, Subd. 2. The procedure for a property owner to initiate a zoning amendment is as follows:
(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain the situation, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee as established by the City Council.
(3) The Zoning Administrator shall set the date for a public hearing and shall have notices of such hearing published in the official newspaper at least once, not less than 10 days and not more than 30 days prior to said hearing. A zoning map amendment shall require notification of all property owners within 350 feet of the outer boundaries of the property in question however, failure of any property owner to receive such notification shall not invalidate the proceedings. The notice shall include a description of the land and the proposed change. The mailed notice requirement shall be waived for a city-wide zoning amendment initiated by the Planning Commission or City Council.
(4) The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days, 1 of 3 actions — approval, denial, or conditional approval.
(5) The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission. The zoning amendment shall require the affirmative vote of the majority of the members of the City Council.
(6) No application of a property owner shall be considered by the Planning Commission within the 1 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.
(C) Comprehensive Plan. An amendment to this chapter or the zoning map shall be construed as an amendment to the Comprehensive Plan and its map.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-04, passed 11-16-2020)
(A) Standards. The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location:
(1) The use will not create an excessive burden on existing parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area.
(2) The use will be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.
(4) The use in the opinion of the Council is reasonably related to the overall needs of the city and to the existing land use.
(5) The use is consistent with the purposes of this subchapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.
(6) The use is not in conflict with the Comprehensive Plan or Water Resource Management Plan.
(7) The use will not cause traffic hazard or congestion.
(8) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare, or general unsightliness.
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(B) Conditions. In permitting a new conditional use or the alteration of an existing conditional use, the city may impose, in addition to the requirements set forth above, conditions considered necessary or appropriate to protect the best interests of the surrounding area or the community as a whole. For requests in the floodplain district, see § 154.521.
(C) Procedure. The applicant shall complete a conditional use permit application form and submit it, along with a site plan and filing fee, to the city who shall refer the application to the Planning Commission for review.
(D) Planning Commission hearing and notice. The Planning Commission shall hold a public hearing on the application. Notice of said hearing shall be published in the official newspaper of the city at least 10 days prior to the hearing and the City Clerk shall mail the same notice to the owners of all property located within 350 feet of the land to which the conditional use will apply. The notice shall include a description of the land and the proposed conditional use. Failure of a property owner to receive such notification shall not invalidate the proceedings.
(E) Council action. The report of the Planning Commission shall be placed on the agenda of the next regular Council meeting following referral from the Planning Commission, but not later than 45 days after the applicant has submitted the application. If the Council grants the permit, it may impose conditions it considers necessary to protect the public health, safety and welfare.
(F) Reapplication. No application for a conditional use permit shall be resubmitted for period of 6 months from the date of an order of denial unless the new application and site plan have been modified to eliminate the objections to the requested basis for denial.
(G) Modification to conditional use permit. Any change which involves structural alteration, enlargement, or intensification of use or any similar change not specifically permitted by the issued permit shall require an amended conditional use permit. A request for amendment shall be administered in the same manner and all procedures shall apply as if a new permit were being requested.
(H) Review. All permits shall be reviewed on an annual basis for compliance set forth in this subchapter.
(I) Violation. In the event the applicant violates any of the conditions set forth in the permit, the Council shall have the authority to revoke said permit.
(J) Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section prohibits the city from enacting or amending official controls to change the status of conditional uses.
(K) Recorded. A certified copy of any conditional use permit shall be recorded against the property upon which the use is located. The permit must include the legal description of the property.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-09, passed 1-4-2021)
(A) Purpose. A variance to the literal provisions of this subchapter may be issued to provide a modification or variation where it is determined that their strict enforcement would cause practical difficulties. No use variances may be issued. No variance will be issued that would allow a lower degree of flood protection than the flood-protection elevation. For additional requirements for variance requests in a floodplain district, see § 154.522.
(B) Standards. Pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, the Planning Commission, acting as a Board of Appeals and Adjustments, may recommend the City Council issue variances from the provisions of this zoning code. A variance is a modification or variation of the literal provisions of the subchapter as applied to a specific piece of property.
(1) Variances shall only be permitted:
(a) When they are in harmony with the general purposes and intent of the ordinance; and
(b) When the variances are consistent with the Comprehensive Plan.
(2) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance.
(C) Practical difficulties. As used in connection with the granting of a variance, means that:
(1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;
(2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.
(4) Economic considerations alone do not constitute practical difficulties. A variance will not be permitted for any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The Board may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(D) Procedure. The applicant shall complete a variance application form and submit it, along with a site plan, filing fee, and any other necessary information to the city who shall refer the application to the Board of Appeals and Adjustment for review.
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(E) Board of Appeals and Adjustment hearing and notice. The Board of Appeals and Adjustment shall hold a public hearing on the application. Notice of said hearing shall be published in the official newspaper of the city at least 10 days prior to the hearing and the City Clerk shall mail the same notice to the owners of all property located within 350 feet of the land to which the variance will apply. The notice shall include a description of the land and the proposed variance. Failure of a property owner to receive such notification shall not invalidate the proceedings.
(1) The Board may recommend to the City Council and the City Council may grant approval or approval with conditions, or denial of the request. In considering a request for a variance and whether the applicant established that there are practical difficulties in complying with provision(s) of this subchapter, the Board and City Council shall consider the following factors:
(2) Special conditions applying to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
(3) The granting of the proposed variance will not be contrary to the intent of this subchapter;
(4) The special conditions or circumstances do not result from the actions of the owner/applicant;
(5) The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and
(6) The variance requested is the minimum variance necessary to alleviate the practical difficulty.
(F) Council action. The report of the Board of Appeals and Adjustment shall be placed on the agenda of the next regular Council meeting following referral from the Board of Appeals and Adjustment, but not later than 45 days after the applicant has submitted the application. If the Council grants the permit, it may impose conditions it considers necessary to protect the public health, safety and welfare. The Council may grant the variance and impose certain conditions and safeguards therein which are directly related to and bear a rough proportionality to the impact created by the variance. The variance, however, may not be granted for a use that is otherwise not allowed in a particular zoning district, that is inconsistent with the comprehensive guide plan, or that is not in harmony with the general purpose and intent of the zoning provisions of this subchapter.
(G) Referral back to the Board. The City Council may refer any variance petition back to the Board of Appeals and Adjustments for further review and recommendation.
(H) Denial. Variances may be denied by the City Council and the denial shall constitute a finding and determination that the conditions required for approval did not exist.
(I) Lapse of variance. A variance shall become void 1 year after it was granted unless made use of within the year or a longer period as the Council may provide.
(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-01, passed 2-3-2020; Am. Ord. 2020-09, passed 1-4-2021)
A certified copy of every ordinance amending the Zoning Section and a certified copy of every resolution granting or amending a conditional use permit or variance shall be filed with the County Recorder or Registrar of Titles of the county. Failure of the city to file shall not affect the validity of such ordinances or resolutions.
(Ord. 2013-05, passed 5-20-2013)
For the purposes of enforcing this subchapter, a building permit shall be required of all persons intending to erect, alter, wreck, or move any building.
(A) Procedure. Persons requesting a building permit shall:
(1) Complete and sign the building permit application form provided by the city.
(2) Complete and submit 2 copies of the site plan.
(3) Complete and submit 2 copies of the plot plan or survey.
(4) Complete and submit 2 copies of the building plan.
(5) Complete and submit energy calculations.
(6) Pay the fees as required and established by the city.
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(B) Issuance. In addition, to all other requirements for issuance of building permits, no building permit shall be issued unless the proposed building or development conforms in all respects to this subchapter, and all required fees are paid.
(C) If the proposed development necessitates a zoning amendment, variance, conditional use permit, or approval by the Review Committee, the application together with a building permit shall be submitted to the appropriate body for review and action.
(Ord. 2013-05, passed 5-20-2013)
(A) Purpose. The purpose and intent of allowing interim uses is:
(1) To allow a use for a limited period of time that reasonably utilizes the property in the manner not permitted in the applicable zoning district.
(2) To allow a use that is presently acceptable, but not permitted within the zoning district and, with anticipated development, may not be acceptable in the future.
(B) Procedure. The application, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided in § 154.047.
(C) Standards. The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permits only if it finds that such use at the proposed location:
(1) Meets the standards of a conditional use permit set forth in § 154.047.
(2) Conforms to the zoning regulations, performance standards and other requirements of this subchapter.
(3) Will terminate upon a tangible date or event specified in the resolution approving said interim use permit.
(4) Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future.
(5) Will be subject to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
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(D) Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs:
(1) The date specified in the permit;
(2) A violation of the conditions under which the permit was issued; or
(3) A change in the city's zoning regulations.
(Ord. 2013-05, passed 5-20-2013)
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