A. Administrator: Zoning provisions of this chapter shall be administered and enforced by the Zoning Administrator, who shall be appointed by the City Council, and may have other Municipal duties. His duties, among others shall be to:
1. Determine that all building permits comply with the terms of this chapter.
2. Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter.
3. Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and conditional uses, variances, appeals and applications therefor.
4. Receive, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.
5. Serve as an ex-officio nonvoting member of the Planning Commission.
B. Appeals:
1. The Planning Commission is constituted the Board of Zoning Appeals and shall determine, in harmony with the general purpose of this chapter and the Comprehensive Guide Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Zoning Administrator under this chapter, and from any interpretation of the text of this chapter, or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the zoning map.
2. At any time within ninety (90) days after the decision of the Zoning Administrator under the provisions of this chapter, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the City affected thereby may appeal to the Planning Commission by filing a written notice stating the grounds appealed from and stating the specific grounds upon which the appeal is made.
3. The Planning Commission, as a Board of Appeals, shall conduct such hearings and shall mail notice of the hearing to all appellants. In all cases involving determination of district boundary lines, or interpretation of district boundary lines, or interpretation of the text of this chapter, ten (10) days’ published notice of hearing in the official newspaper shall be given as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearing.
4. The City Council shall review and revise any recommendation of the Board of Zoning Appeals. In reviewing such recommendations, the City Council may set a date for hearing thereon, not earlier than seven (7) days after nor more than thirty (30) days after the recommendation is made by the Board of Zoning Appeals.
5. Notice of the hearing before the City Council shall be mailed to all appellants. In all cases involving determination of district boundary lines, or interpretation of district boundary lines, or interpretation of the text of this chapter, ten (10) days’ published notice of hearing in the official newspaper shall be given.
C. Variances:
1. Timelines for Requests: The timelines for variance requests shall be governed by Minnesota Statutes 15.99, as amended from time to time.
2. Processing: The processing of variances shall be government by Minnesota Statutes 462.357, as amended from time to time.
3. Erection or Alteration of Building: The erection or alteration of a building pursuant to a granted variance shall be completed within six (6) months of the date the variance was granted unless a building permit has been issued and the construction actually has begun within the six (6) month period and is thereafter diligently pursued. Failure to comply will leave the variance subject to revocation as set forth herein.
4. Revocation: A variance may be revoked, suspended, or amended by following the requirements and procedures in Subsection I of this Section.
5. Expiration: Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within one (1) year of the date the variance is issued, or, unless before the expiration of the one (1) year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. A request for an extension not exceeding one (1) year shall be subject to the review and approval of the City. Should the applicant request a second extension or any extension of time longer than one (1) year, it shall be presented to the Planning Commission for a final decision.
D. Conditional Uses:
1. Purpose: In order to give the District, use regulations of this Chapter the flexibility necessary to achieve the objectives of the Comprehensive Guide Plan, in certain districts conditional uses are permitted, subject to the granting of a conditional use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required.
2. Application, Referral To Planning Commission, Planning Commission Recommendation and City Council Action: Except as otherwise noted in this Subsection, the application and presentation requirements for conditional permits shall be the same as those for variances as provided in Subsection C of this Section.
3. Review Criteria: In reviewing an application for a conditional use permit:
a. The following must be met:
(1) The use or development is an appropriate conditional use in the land use zone.
(2) The use or development, with conditions, conforms to the Comprehensive Land Use Plan.
(3) The use with conditions is compatible with the existing neighborhood.
(4) The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance, or prosperity of the City.
b. The following must be considered:
(1) The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair property values in the immediate vicinity.
(2) The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(3) Adequate utilities, access roads, drainage and other necessary facilities are in place or will be provided.
(4) The conditional use will not incur public cost for public facilities and services that would be detrimental to the economic welfare of the community.
(5) The conditional use will not create unusual traffic congestion on nearby public thoroughfares.
(6) Adequate measures have been taken to provide sufficient off street parking and loading space to serve the proposed use.
(7) Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance or danger and to control lights and signs in such a manner that no disturbance to neighboring properties will result.
(8) The conditional use will not result in the unnecessary destruction, loss, or damage of a natural, scenic, or historical feature of major significance.
(9) The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients.
4. Additional Conditions: In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to those standards and requirements expressly specified in this Chapter, additional conditions which it considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:
a. Increasing the required lot size or yard dimensions;
b. Limiting the height, size, or location of 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 or preservation of natural features;
i. Imposition of operational controls, sureties, or deed restrictions; or
j. Limitations on future expansions to buildings, structures, or land uses associated with the conditional use.
5. Future Additions/Expansions: Future additions and/or expansions to buildings, structures, land uses or other improvements to a property may be allowed by the Planning Commission without need for a new public hearing provided that the Planning Commission finds that the additions or expansions would not create the need for additional parking, increase traffic or materially change the existing/permitted use of the property, beyond what had been approved by a previous conditional use permit.
6. Revocation: A conditional use permit may be revoked, suspended, or amended by following requirements and procedures in Subsection I of this Section.
7. Use Of Permit: If the conditional use authorized by said conditional use has been discontinued for a continuous one year period after grant of the permit, then the conditional use permit shall be subject to revocation, suspension, or amendment as set forth in Subsection I of this Section.
8. Expiration: Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within one year of the date the CUP 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. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the CUP. A request for an extension not exceeding one year shall be subject to the review and approval of the City. Should the applicant request a second extension or any extension of time longer than one year, it shall be presented to the Planning Commission for a final decision.
E. Interim Uses:
1. The purpose and intent of allowing interim uses is:
a. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.
b. To allow a use that is presently judged acceptable by the City 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.
c. 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.
2. Procedures. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the following standards and procedures.
a. The applicant(s) shall submit a completed application and all required materials to the City. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant.
b. Pursuant to Minnesota Statutes, an application for an interim use shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to Minnesota Statute 15.99, as it may be amended from time to time. If the initial 60 day review period is extended, the City must provide written notice of the extension to the applicant before the end of the initial review period.
c. Upon receipt of a complete application, as determined by the City and following preliminary staff analysis of the application, the City shall refer the matter to the Planning Commission and establish a time for hearing on the application. Notice of the hearing shall be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question.
d. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this Chapter, provided a bona fide attempt to comply with the provisions of this Chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.
e. The Planning Commission shall take public testimony at the public hearing and review the submitted application and recommendation from City staff and make a recommendation to City Council for denial or approval. The recommendation of the Planning Commission shall include all conditions or modifications to the application.
f. The City Council shall review the submitted application and recommendation from the Planning Commission and City staff and make a final decision. The final decision of the City Council shall include all conditions or modifications to the application. The Planning Commission, in making a recommendation, and the City Council, in acting upon an interim use application, shall consider the following general standards.
3. General standards. An interim use shall comply with the following:
a. Meet the standards of a conditional use permit set forth in Section 11.04.D.1 through 9 of this Chapter;
b. Conform to the applicable zoning district standards;
c. The use is allowed as an interim use in the respective zoning district;
d. The date or event that will terminate the use can be identified with certainty;
e. The use will not impose additional unreasonable costs on the public;
f. The user agrees to any conditions that the Planning Commission deems appropriate for permission of the use.
4. Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
a. The date stated in the permit;
b. Upon violation of conditions under which the permit was issued;
d. Upon change in the City’s zoning regulations which renders the use nonconforming;
d. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.
5. Revocation.
a. A violation of any condition set forth in an Interim Use Permit shall be a violation of this Chapter, and failure to correct the violation within 30 days of written notice from the City shall terminate the permit.
b. Revocation shall not occur earlier than ten (10) City working days from the time the written notice of revocation is served upon the permittee, or if a hearing is requested, until written notice of the Planning Commission action has been served on the permittee.
c. Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. The written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred, and a statement that if the permittee desires a hearing to contest the revocation, the permittee must, within ten (10) days, exclusive of the day of service, file a request for a hearing.
d. The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the City by midnight of the tenth day following service of the notice of revocation.
e. Following the receipt of a request for a hearing, the City shall set a time and place for the hearing which shall be conducted in accordance with the procedures to appeal decisions of the City as set forth in this Chapter.
6. Amendment. Holders of an IUP may propose amendments to the permit at any time following the procedures for a new permit set forth in this chapter. No significant changes in the circumstances or the scope of the permitted uses shall be undertaken without approval of those amendments by the Planning Commission. The City shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may approve significant changes and modifications to IUPs, including the application of additional or revised conditions.
7. Expiration. Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within one year of the date the IUP 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. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the IUP. A request for an extension not exceeding one year shall be subject to the review and approval of the City. Should the applicant request a second extension or any extension of time longer than one year, it shall be presented to the Planning Commission for a decision.
8. Reapplication. No application for an IUP for a particular use on a particular parcel shall be resubmitted for a period of one year from the date of the denial of the previous application unless a decision to reconsider the matter is made by a majority vote of the full Planning Commission.
F. Amendments:
G. Fees: The fees for each application shall be adopted by resolution of the City Council, which may be amended from time to time. Fees shall be payable at the time applications are filed with the Zoning Administrator and are not refundable unless application is withdrawn prior to referral to the Planning Commission. There shall be no fee in the case of application filed in the public interest by the City Council or by the Planning Commission.
H. Conditional Use Permits, Interim Use Permits, and Variances Recorded: A certified copy of every conditional use permit, interim use permit, and variance granted shall be recorded with the Morrison County Recorder.
I. Revocation, Suspension or Amendment of Previously Approved Variances and Conditional Use Permits:
1. Jurisdiction: Upon obtaining information that indicates a basis for revocation, suspension or amendment, the Zoning Administrator or his/her designee may initiate proceedings for revocation, suspension or amendment if a warning or other corrective action is deemed to be inappropriate or ineffective. If so, the matter shall be heard by the authority that originally granted the applicable variance or permit. A decision on whether to revoke, suspend or amend a permit that was originally issued by the Zoning Administrator shall be made by the Zoning Administrator. All other revocations, suspensions or amendments shall be submitted for hearing as indicated.
2. Hearing: The issuing authority shall establish a time, date and location for a hearing for revocation, suspension or amendment, at the request of the Zoning Administrator or the Administrator’s designee. The Administrator or designee shall serve notice of the date of the hearing to the permit or variance holder no less than ten (10) days prior to the date of the hearing using the same process as is required for civil actions at law. Other interested parties may be notified by first class mail or other appropriate means. At the hearing, the issuing entity will take such evidence as it deems appropriate either personally or through an attorney. Should the holder fail to appear in person or through counsel, the issuing entity shall still have the authority to take evidence and make a decision upon the request for revocation, suspension or amendment.
3. Findings At Hearing: Should the issuing authority find, by a preponderance of the evidence, that the holder has failed to comply with the conditions set forth on the variance or permit, the issuing party shall make that finding and state the reasons for its determination.
4. Remedies: Upon finding that the holder has failed to comply with the conditions set forth in the variance, conditional use permit or other permit, the issuing entity may then determine appropriate sanctions, if any, to impose. Sanctions may include, but not be limited to, revocation, suspension or amendment to the previously imposed conditions. A variance, conditional use permit or other permit may be suspended until such time as the holder comes into compliance with the terms of their original approval. The criteria for determining the appropriate sanctions shall include, but are not limited, to the length of time of the violation, the severity of the violation, and risk to the health, welfare, and safety of the neighboring residents and/or community as a whole. (Ord. 96, 6th Series, eff. 9-5-2017; amd. Ord. 31, 7th Series, eff. 5-9-2022)