Loading...
(A) (1) The City Council, after receiving recommendations from the Planning Commission, may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person’s land is located.
(2) A variance may be granted when it is demonstrated that this action will be in keeping with the spirit and intent of this chapter and when the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his or her property and not created by the landowner, and the variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. A non-economic hardship shall exist by reason of one or more of the following:
(1) Narrowness, shallowness, or shape of a specific parcel of property or a lot existing and of record upon the effective date of this chapter;
(2) Exceptional topographic or water conditions of a specific parcel of land or lot; or
(3) Inadequate access to direct sunlight for solar energy systems.
(C) A variance may be granted for the above reasons when the strict application of the provisions of this chapter would result in exceptional difficulties in developing the property in a legally permissible manner. The City Council may impose conditions in granting the variance to insure compliance and to protect adjacent properties.
(D) A variance shall not allow any use which is not a permitted principal use, a permitted accessory use, or a permitted use requiring a conditional use permit. The only lawful variance is one which is usually called a “non-use variance,” and the use of the variance procedure does not authorize any kind of unlawful “spot zoning.”
(Ord. 134/94, passed 3-24-94)
(A) Requests for variances or appeals shall be filed with the Zoning Administrator, on an official application form. The application shall be accompanied by a fee as outlined in § 156.182. This fee shall not be refunded. The application shall also be accompanied by copies of detailed written or graphic materials fully explaining the proposed request. The Zoning Administrator shall refer the application along with all related information to the Planning Commission for consideration and report at least 15 days before the next regular meeting.
(B) The Planning Commission shall consider the request at its next regular meeting unless the filing date falls within 15 days of that meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the requested variance.
(C) The Planning Commission, City Council, 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 concerning operational factors, this information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(D) The Planning Commission shall make a finding of fact and recommend actions or conditions relating to the request to the City Council.
(E) Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the application and/or report and recommendation on the agenda for the next regular meeting. These reports, recommendations, and findings shall be entered in and made part of the written record of the Council meeting.
(F) Upon reviewing the application and/or receiving the report and recommendation of the Planning Commission, the City Council shall take one of the following actions within the time frame established by M.S. § 15.99, as it may be amended from time to time:
(1) Approve or disapprove the request as recommended by the Planning Commission;
(2) Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. These modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
(3) Refer the recommendation back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.
(G) Decisions on requests for variances shall be by a majority of those voting on the question. The Zoning Administrator shall notify the applicant of the Council’s action.
(H) The decisions of the Planning Commission shall be advisory to the City Council. The decisions of the City Council shall be final subject to judicial review.
(Ord. 134/94, passed 3-24-94)
Whenever within one year after granting a variance or appeal the terms as permitted by the variance or appeal shall not have been completed, then that variance or appeal shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance or appeal. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance or appeal. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision, and shall be requested only one time on a singular action.
(Ord. 134/94, passed 3-24-94)
(A) The City Council shall have the authority to require a performance bond or other securities when it is deemed necessary and appropriate.
(B) Except in the case of non-income producing residential property, upon approval of a variance or appeal the city may be provided with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the variance or appeal and the ordinances of the city.
(C) The security may be in the amount of the City Council’s estimated costs of labor and materials for the proposed improvements or development.
(D) The city may hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and ordinances of the city has been issued by the city Zoning Administrator.
(E) Failure to comply with the conditions of the variance or appeal and/or ordinances of the city may result in forfeiture of the security.
(Ord. 134/94, passed 3-24-94)
ADMINISTRATION AND ENFORCEMENT
(A) This chapter shall be administered and enforced by the Zoning Administrator, who shall be appointed by the City Manager-Clerk.
(B) The Zoning Administrator shall enforce the provisions of this chapter and shall perform the following duties:
(1) Determine that all building permits comply with the terms of this chapter;
(2) Issue zoning permits;
(3) Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, variances, appeals, and application therefor; and
(4) Receive, file, and forward all applications for appeals, variances, conditional uses, and other matters to the designated official bodies.
(C) It shall be the duty of the City Attorney and the Chief of Police, when called upon by the City Manager-Clerk, to perform duties as may be necessary to enforce provisions of this chapter.
(Ord. 134/94, passed 3-24-94)
(A) Scope. From and after the effective date of this chapter, it shall be unlawful to proceed with construction, repairs that affect the structural integrity of a building, enlargement, demolition, removal, or change in use any building or structure, or part thereof, without obtaining a building permit.
(B) Application. Request for a building permit shall be filed with the building official on an official application form. Each application for a permit shall be accompanied by a site and floor plan drawn to scale showing dimensions of the lot to be built upon, the size and location of all principal and accessory buildings and parking areas, and additional information deemed necessary for the proper review and enforcement of this chapter and any other applicable building codes. The fee for a building permit shall be based upon a fee schedule approved by the City Council.
(C) Issuance of permit. The building official shall issue the building permit only when the plans comply with this chapter and other applicable city ordinances. The project covered by the building permit shall be completed within a year or it will be declared incomplete and will require application for another permit. The applicant will be fined if he or she is in violation of this chapter.
(Ord. 134/94, passed 3-24-94) Penalty, see § 10.99
(A) To defray administration costs of processing of requests for conditional uses, amendments, variances, or appeals, a base fee per application shall be paid by all applicants in accordance with a fee schedule adopted by ordinance by the City Council and codified in Chapter 34.
(B) In order to defray the additional cost of processing applications (amendment, conditional use, variance, or appeal) for developments, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for that request.
(1) Materials shall include, but not be limited to, maps, graphs, charts, drawings, and the like, and all printing or reproduction of the same.
(2) Staff and/or consulting time shall include any time spent in either researching for or actual production of materials.
(3) The hourly rate for staff and/or consulting time shall be established and made available to the applicant by the Zoning Administrator prior to production of any materials, and the applicant shall be given a reasonable estimate of project time and/or materials costs.
(C) Fees shall be payable at the time applications are filed with the Zoning Administrator and are not refundable unless the application is withdrawn prior to referral to the Planning Commission and prior to any publication required by the application. A deposit to cover staff or consulting time and special materials will be established and required by the Zoning Administrator at the time the base fee is paid.
(Ord. 134/94, passed 3-24-94)
Loading...