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(A) Permitted uses. Conditional use permits may be issued for any of the following:
(1) Any of the uses or purposes for which the permits are required or permitted by the provisions of this chapter;
(2) Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare; and
(3) To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: library, community center, church, hospital, fairgrounds, any institution of any education, philanthropic or charitable nature, cemetery, mausoleum or any other place for the disposal of the human dead.
(B) Application. Application for the issuance of a conditional use permit shall be made to the Planning Commission. Any proceed to classify certain uses as conforming, as provided in this section, may be initiated either by application or by the City Council or by the Planning Commission. The Planning Commission may hold hearings on the proposal to issue a conditional use permit as it may consider necessary, but at least one public hearing shall be held on any application for a conditional use permit for the establishment of any use. The Planning Commission shall make a report to the Council upon any application for conditional permit and recommend to the Council whatever action it deems advisable, but it shall not recommend the granting of a permit unless it finds that the establishment, maintenance or conducting of the use for which a use permit is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of the persons residing or working the neighborhood. The City Council may designate conditions and require guarantees in the granting of use permits in the manner provided in §
(C) Conformance. Any use permitted under the terms of a conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.
(Ord. passed 4-24-78)
(A) General. Except as hereinafter provided, no person, firm or corporation shall construct, erect, alter, wreck or move any building or structure or part of, or erect, alter or move any sewage system within the corporate limits of the city without first securing a zoning permit from the city. It shall not be necessary to secure a zoning permit in order to alter or repair or otherwise change the interior or exterior of any building provided the proposed alteration, repair or change will not affect the exterior dimension of the building or change the existing use and occupancy thereof.
(B) Application. Application for a zoning permit shall be made to the Zoning Administrator on blank forms to be furnished by the city. Each application for a permit to construct or alter a building or sewage system shall be accompanied by a plan drawn to scale showing the dimensions of the lot to be built upon, the size and location of the building and accessory buildings to be erected. Applications shall contain other information as may be deemed necessary for the proper enforcement of this chapter or any other ordinance. No residential building contractor, residential remodeler, or other person who is required to be licensed by the state under the provisions of M.S. §§ 326.83 to 326.991, as they may be amended from time to time, and no person employing a residential contractor, who is required to be licensed, shall be issued a zoning or land use permit unless that contractor is licensed. Any person applying for a permit who is required to have a state license but who does not have a state license shall be reported to the State Commissioner of Commerce who may begin an action against the person.
(C) Fees. The fee for a zoning permit shall be determined by the Menahga City Council.
(D) Issuance. The Zoning Administrator shall determine that the building plans together with the application comply with all the terms of this chapter, in which event, he or she shall execute a certificate of approval and file the same with the City Clerk/Treasurer/Administrator. Upon the filling of the certificate and payment by the applicant of the permit fee established by the City Council, the City Clerk/ Treasurer/Administrator shall issue the zoning permit.
(E) Certificate of zoning compliance.
(1) A certificate of zoning compliance shall be obtained before any building hereafter erected or structurally altered is occupied or the use of any building is altered or sewage system is covered.
(2) Application for a certificate of zoning compliance for a new building or for existing building which is to be altered shall be made to the Zoning Administrator as part of the application for a zoning permit as required in § 151.50(B).
(3) Every certificate of zoning compliance shall state that the building or proposed use of a building or land complies with all provisions of law and this chapter. A record of all certificates of zoning compliance shall be kept on file in the Office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. passed 4-24-78)
The Zoning Administrator who shall be the City Clerk/Treasurer/Administrator is hereby authorized and directed to enforce all the provisions of this chapter. He or she may delegate the enforcement of this chapter to any administrative official of the city and supporting staff deemed necessary who shall be directly under the control of the City Council and shall be known as the Zoning Administrator and shall perform the following duties:
(A) Examine all applications pertaining to use of land, buildings or structures and approve same when the application conforms with the provisions of this chapter;
(B) Keep a record of all nonconforming uses;
(C) Periodically inspect buildings, structures and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the Zoning Administrator may require the services of a testing laboratory to determine compliance. The cost of employing the laboratory shall be paid for by the owner if a violation of this chapter is established otherwise by the city;
(D) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature and ordering the action necessary to correct it;
(E) Order discontinuance of illegal use of land, buildings or structures, additions or alterations, order discontinuance of illegal work being done, or take any action authorized by this chapter to insure compliance with or to prevent violation of its provisions;
(F) Maintain permanent and current records of this chapter, as provided in § 151.04(B), including all maps, amendments, conditional uses and variations;
(G) Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance or removal for the time as necessary to insure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary of tenancy interest in any specific property; and
(H) Provide technical assistance to the City Council and Planning Commission.
(Ord. passed 4-24-78)
(A) Board of Appeals and Adjustments. The City Council shall be the Board of Appeals and Adjustments for this city, and as provided by M.S. § 462.354, Subdivision 2 shall have the powers granted under M.S. § 462.357, Subdivision 6, as they may be amended from time to time.
(B) Variances. Pursuant to M.S. § 462.357, Subdivision 6, as it may be amended from time to time, the City Council, acting as a Board of Appeals and Adjustments, may issue variance from the provisions of this zoning code. A variance is a modification or variation of the provisions of the zoning code 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 this section; and
(b) When the variances are consistent with the comprehensive plan.
(2) Variances may be granted when the applicant for the variance established that there are practical difficulties in complying with the zoning ordinance.
(3) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PRACTICAL DIFFICULTIES. As used in connection with the grant 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 landowners; and
3. The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but
are not limited to, inadequate access to direct sunlight for solar energy systems.
(4) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, Subdivision 14, when in harmony with the section. The Board of Appeals and Adjustments may not permit as a variance 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 permit as a variance the temporary use of a one family dwelling as a two family dwelling. 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.
(Ord. passed 4-24-78; Am. Ord. 151.53, passed 1-12-15)
(A) Appeals. The City Council may on its own motion, or on request of the Planning Commission, or on petition or appeal of the affected property owners:
(1) Transfer land or a portion thereof, from the district in which it is situated into another district, by amendment to this chapter;
(2) Change of any of the regulations of the chapter as to the use of the land in any district, or as to the restriction upon buildings or structures herein, by amendment to this chapter.
(B) Procedure.
(1) An application for amendment shall be filed with the City Clerk/Treasurer/Administrator in duplicate, accompanied by a fee as determined by the City Council. The City Clerk/Treasurer/ Administrator shall forward one copy to the Planning Commission. The Planning Commission will transmit recommendation to the City Council within 30 days.
(2) The Planning Commission shall hold a public hearing on the application the time and place of the meeting being published in the official newspaper not more than 30 days, not less than ten days prior to the meeting. Also, ten days prior to the meeting, notice will be sent to property owners within 300 feet of the subject property. The current City Assessor’s tax records shall be deemed sufficient for the location of certification of ownership of the properties.
(3) The City Council, upon receiving reports of the Planning Commission and without further public hearing may vote upon the adoption of any proposed amendment or it may refer it back to the Planning Commission for further consideration. If no recommendation is transmitted by the Planning Commission within 30 days after the hearing, the City Council may take action without awaiting the modifications. In considering the recommendations, due allowance shall be made for existing conditions, or the conservation of property values, for the direction of building development to the best advantage of the entire city and for the uses to which the property affected is being devoted at the time. No change shall be recommended unless it is required for the public good. The amendment shall be effective upon a majority vote of all of the members of the Council except that if the amendment which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial shall be effective only if three-fourths of all members of the Council concur in its passage.
(C) Petition contents.
(1) The petition shall give the name or names of the petitioner or petitioners, and the petition shall be signed by each of them. The address of each petitioner shall be given;
(2) Specifically describe the area proposed to be rezoned, and give the names and addresses of all owners of property;
(3) State the present zone classification of the area and the proposed zone classification;
(4) State the present use of each separately owned tract within the area, and the intended use of any tract of land therein, if the petitioners, or any of them, have a particular use presently in mind;
(5) Show how the rezoning will fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city; and
(6) Be accompanied by three copies of a map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of the area. The map scale shall be 100 feet to the inch.
(Ord. passed 4-24-78)
Cross-reference
All territory hereafter annexed to the city, which is not shown on the zoning map as part of this chapter, shall automatically upon annexation be classified within the R-1, one- to four-family dwelling district, and shall be subject to all the regulations, notations, references and conditions applicable to the zone until the time that a determination may be made as to the proper district classification and amendment made to that effect.
(Ord. passed 4-24-78)
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Zoning Administrator, in addition to other remedies, may institute any proper action or proceedings in the name of the city. He or she shall hereby have the powers of a police officer to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate violations to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises.
(Ord. passed 4-24-78)