(A) Enforcing officer. The Zoning Administrator is authorized to cause the provisions of this chapter to be properly enforced through the proper legal channels.
(B) Notices. Notices of public hearings regarding any violations or termination proceedings and all nonconforming, conditional, incompatible, accessory, special uses, or home occupation uses, shall be given by the City Council to the interested party or parties by certified mail or in lieu thereof, one legal published notice at least ten days before the public hearing date, or as otherwise provided for in this chapter.
(C) Building permit.
(1) Hereafter, no person shall erect, alter, remodel, wreck, repair, improve, remove, convert, demolish, or move any kind of structure or building or part thereof without first securing a building permit.
(2) Applications for commercial, industrial and multiple-dwelling building permits shall be accompanied by the following exhibits:
(a) A complete site plan application form together with all applicable filing requirements;
(b) A boundary survey of the area including the property in question and 100 feet beyond its outer boundaries and dimensions, buildings, easements, foliage, topography and waterways. Soil tests may be included if pertinent; and
(c) Building and site development plans showing buildings, location, dimensional parking and loading arrangement, vehicular and pedestrian access and egress, surface drainage plan, landscaping, utility plan, screening, size and location of all signs, building and floor plans of all floors, elevations of all sides of all buildings, and sections and outline material specifications as appropriate.
(3) Applications for single- and two-family building permits shall be accompanied by building plans and certificate of survey.
(4) Applications for moving any structure into or within the city shall be accompanied by the following exhibits:
(a) Any such building or structure proposed to be moved shall meet the requirements of the building code applicable to a new building or structure and shall meet all requirements of the zoning district provided herein.
(b) Prior to the moving of any structure into or within the city, the applicant shall provide the city with written acknowledgment from the owners of at least 75% of the land parcels within a radius of 300 feet of the boundaries of the land on which the building or structure is located. This acknowledgment must state that the applicant has reviewed the proposed plans with each landowner and that the landowner has the right to object or comment about the plans to the city.
(c) A legal description of the premises from which the building will be moved shall be required.
(d) A certificate of survey from a registered land surveyor showing the location of the building and lot shall be required.
(e) The moving dates and hours must be approved by the Police Chief and Public Works Director prior to moving the building or structure. A pre-approved route that indicates the highways, streets, and other property over which the building or structure is proposed to be moved shall be moved shall be submitted to the city 15 days prior to the moving of a building or structure.
(f) The applicant shall provide evidence (such as a bill of sale) that the lot(s) of which the building or structure is to be moved onto is free from mortgages, liens, or other encumbrances, and that all taxes and other charges against the lot(s) from which, the building is to be moved are currently paid.
(g) The name of the licensed moved shall be submitted to the city prior to the move.
(h) The applicant shall provide a bond or certified check from the property owner for $10,000 payable to the city to ensure that the structure is properly removed from the former property, located on the proposed property, and attached to the foundation in compliance with the permit and building code.
(i) Written evidence of the necessary arrangements with all public utility companies whose wires, lamps, or poles are required to be moved or removed will be required and shall be submitted to the city prior to the move.
(j) The applicant will be required to provide a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the state of Minnesota. The policy shall insure the applicant and the name the city as an insured in the sum of at least $100,000, or determined by the Zoning Administrator.
(k) The applicant shall agree to indemnify and hold harmless the city and its agents and employees against any and all claims, demands, losses, damages, and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, or any violation of any safety law, regulation, or code in the performance of this agreement.
(6) Applications for septic permits shall be required in areas without public sewer facilities, no building permit for any use requiring on-site sewage treatment and disposal shall be issued until a septic permit has first been issued. Such system shall conform to all of the requirements of the Rice County Environmental Health Services.
(D) Procedure.
(1) Persons requesting a building permit shall fill out a building permit form and site plan application form available from the Zoning Administrator.
(2) Completed building permit forms shall be submitted to the Zoning Administrator. Upon review and approval of the Building Inspector, and if the proposed development conforms in all respects to the zoning code, a building permit shall be issued by the Zoning Administrator within a period of 60 days upon permit fee payment.
(3) If the proposed development involves a zoning amendment, variance or conditional use permit, the application, together with a building permit, shall be submitted to the Planning Commission or Board of Appeals and Adjustments, where applicable, and City Council for review and appropriate action.
(E) Violation and penalties.
(1) Misdemeanor penalty. Any person, firm or corporation, who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statement in any document required to be submitted under the provisions hereof shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
(2) Injunctive relief and other remedies. In the event of a violation of this chapter, the city may institute appropriate actions or proceedings, including requesting injunctive relief, to prevent, restrain, correct or abate the violations. All costs incurred for corrective action may be recovered by the city in a civil action in any court of competent jurisdiction. These and other remedies, as determined appropriate by the city, may be imposed upon the applicant, permittee, installer or other responsible person either in addition to or separate from other enforcement actions.
(F) Certificate of occupancy.
(1) A certificate of occupancy shall be obtained before any building erected or structurally altered is occupied or used, the use of any such building is altered.
(2) Application for a certificate of occupancy for a new building or for an existing building which has been so altered shall be made as part of the application for a building permit for such building as required by this chapter. The certificate shall be issued within ten days after the construction or alteration of such building or part has been completed in conformity with the provisions of this chapter. Pending the issuance of such a certificate, the Zoning Administrator may issue a temporary certificate of occupancy for a period not exceeding six months during the completion of the erection of alteration of such building. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use of occupancy of the premises or any other matter except under such restrictions and provisions as will adequately ensure the safety of the occupants.
(3) Application for a certificate of occupancy for the use of vacant land or for a change in the character of the use of vacant land shall be made to the Zoning Administrator in writing before such land shall be so occupied or used. Such a certificate of occupancy shall be issued within three days after the application has been made if the proposed use is in conformity with the provisions of this chapter.
(4) Every certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of law and of this chapter. A record of all certificate of occupancy shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having propriety or tenancy in the building or land affected. No fee shall be charged for a certificate of occupancy.
(5) The Zoning Administrator may revoke the certificate of occupancy if the owner of the building has not established a lawn on the premises within one growing season after the certificate of occupancy has been issued.
(G) Zoning compliance review.
(1) A zoning compliance review shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height and the like:
(a) Decks less than 30 inches above the ground and not attached to the principal structure.
(b) Permanent fences less than six feet height.
(c) One story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, less than 120 feet in building area.
(d) Signs.
(2) Any zoning compliance review application that fails to meet zoning requirements shall be denied by the Zoning Administrator.
(H) Environmental review process.
(1) The city shall conduct environmental review associated with land use and development projects consistent with the state environmental quality board environmental review program as amended.
(2) Applicants shall agree in writing as part of the application to reimburse the governing body prior to the issuance of any permits for all costs including city staff, legal, and consultant fees incurred by the governing body in review of the applicants project and its impact to the community.
(3) The applicant shall deposit with the city from time to time, an amount determined by the Zoning Administrator necessary to cover the cost associated with processing the application, including work associated with an EAW and/or EIS prior to the commencement of the review or stage of the review. The applicant shall reimburse the security fund for any deficits caused if the amount actually expended or billed to the city by staff members and/or consultants exceeds the security fund balance. The city shall refund any money deposited in the security fund and not expended within 30 days after final action on the application. The city shall not pay interest on such security deposits.
(I) Fees.
(1) There shall be an application fee for all applications made pursuant to the provisions of this chapter as set in the fee schedule adopted by the City Council.
(2) Any person filing a petition for an amendment to this chapter, requesting a variance or a change in regulations within any use district shall pay the prescribed fees according to the schedule established by the City Council.
(3) Municipal corporations and the city shall be exempt from the fee requirements as prescribed by this chapter.
(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)