(A) Enforcing Officer. The office of the Zoning Administrator is established, for which the City Council may appoint such employee or employees of the city as it may deem proper. It shall be the duty of the Zoning Administrator to enforce this chapter and shall:
1. Maintain permanent and current records of this chapter including, but not limited to, maps, amendments, variances and conditional uses;
2. Institute in the name of the city, any appropriate action or proceeding against a violator; and
3. Serve as an ex-officio non-voting member of the Planning Commission.
(B) Advisory bodies. The Planning Commission, Design and Historical Review Commission, Parks and Recreation Commission, and Board of Appeals and Adjustments, as established and empowered in Chapter 32 of this City Code, shall serve as advisory bodies to review and provide recommendations, as called forth in this section.
(C) Requirements for all zoning applications.
1. Eligible applicant. Unless otherwise specified, any person, firm, corporation, organization, or unit of government that has an interest in the subject property or application. The property owner must be an applicant or co-applicant to all zoning applications. Eligible applicants may apply for any zoning application, as outlined in this section.
2. Procedure.
a. All zoning applications subject to the requirements of M.S. § 15.99 shall be reviewed by the city according to the process required therein.
b. All zoning applications outlined in this section shall follow procedures necessary, as indicated on Table 1.
c. Pre-application meeting. Before an application is filed, the applicant is strongly encouraged to attend a pre-application meeting with the Community Development Department. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an application.
d. Application submittal. The applicant shall complete the appropriate zoning application and pay associated fee, as provided by the Zoning Administrator. The applicant shall pay all costs incurred by the city for legal services, engineering services, and services of other persons or entities employed by the city for, or in any way involved in, the review of an application. The applicant shall submit an escrow to the city as established by City Council at the time of application. Under no condition shall the fee be refunded or waived for failure of the city to approve the application.
e. Completeness review. These procedures apply to any application unless a different procedure is established for the application elsewhere in this chapter.
f. No application is complete unless all of the required information is included and all application fees have been paid.
g. The Zoning Administrator may establish a schedule for filing an application that requires action by a board, commission or City Council. Completed applications shall be filed according to any posted schedule of the Zoning Administrator.
h. Public notice. The notice shall include the time, place and purpose of the hearing. The type of notice required for certain applications is established below:
i. Legal newspaper. Notice of said hearing shall be published in the official newspaper at least ten days prior to the hearing.
ii. Property owners. The City Clerk shall notify all property owners within the affected zone and 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.
i. Additional commission review. If necessary, additional City Commission(s) shall hold a meeting to review the proposal. The Commission(s) shall make a report to the City Council recommending approval, denial or approval with conditions. See § 154.004(A).
j. Planning Commission. A public hearing shall be held by the Planning Commission who shall make its report to the City Council following the hearing recommending approval, denial or approval with conditions.
k. City Council Action. The City Council shall take action on the application referral by the Planning Commission, M.S. § 462.357.
l. Notification. Following City Council action, the applicant shall be notified of the action taken.
m. Reapplication. No application shall be resubmitted for a period of one year from the date of an order of denial unless the new application has been modified to eliminate the objections to the requested basis for denial or a change in circumstances warrants it.
3. Submittal requirements. Submittal requirements for all zoning applications are listed in Table 2.
(D) Zoning text and map amendments.
1. Purpose. Zoning text and map amendments are procedures that amend the written provisions of the ordinances contained within this chapter and the zoning district boundaries. 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, plans or changes in conditions within the city. The amendments are defined as:
(a) Text amendment. Amendments to the text of this chapter.
(b) Map amendment. An amendment to the zoning map that changes the district classification of an area or property.
2. Standards. The city may grant a zoning text or map amendment if the proposed amendment is compliant with the following findings:
(a) The proposed amendment is consistent with the general purposes and intent of the Comprehensive Plan;
(b) The proposed amendment will not adversely affect the health, safety, or general welfare of the city;
(c) The proposed amendment is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
(d) The proposed amendment is compatible with adjacent properties;
(e) The proposed amendment can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems; and
(f) If applicable, the proposed amendment is consistent with officially adopted city plans and overlays.
(E) Variances.
1. Purpose. A variance to the Zoning Code may be granted to allow a modification or variation from the literal provisions of the chapter where it is determined that their strict enforcement would cause practical difficulties to a specific piece of property.
2. Standards.
(a) The city may grant a variance if the proposed request is compliant with the following findings: The variance is in harmony and consistent with the general purposes and intent of the Comprehensive Plan and this chapter;
(b) The variance will not adversely affect the health, safety, or general welfare of the city;
(c) The variance is necessary due to 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 in located;
(d) The variance requested is the minimum variance necessary to alleviate the practical difficulty;
(e) Practical difficulties are caused from the strict application of the Zoning Code as outlined below:
i. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code;
ii. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
iii. The variance, if granted, will not alter the essential character of the locality.
iv. Economic considerations alone do not constitute practical difficulties.
v. The variance is consistent with officially adopted city plans and overlays.
3. Use variance. The Board of Appeals and Adjustment may not permit, as a variance, any use that is not allowed under the Zoning Code for property in the zone where the affected person's land is located.
4. Variances may be granted for solar energy access, earth-sheltered construction, and temporary use of a one-family dwelling as a two-family dwelling.
5. Conditions. In permitting a variance, the City Council may impose, in addition to the requirements set forth in this chapter, conditions considered necessary to protect the public health, safety, and general welfare and which are directly related to and bear a rough proportionality to the impact created by the variance.
6. Denial. A variance may be denied by the City Council, such motion and action shall constitute a finding and determination that the conditions required for approval do not exist. Procedure as outlined in M.S. § 15.99 shall be followed.
7. Modification of variance. Any change which is not specifically permitted by the issued variance shall require an amendment. A request for an amendment shall be administered in the same manner and all procedures shall apply as if a new variance were being requested.
8. Expiration.
(a) A variance approved by the city shall expire one year after it has been issued unless:
i. The City Council has set some other time limitation.
ii. It has been made use of by the applicant or property owner within the one year timeframe.
(F) Conditional use permits.
1. Purpose. A conditional use permit may be issued for a use that may be allowed in a particular zoning district and compatible with the district's character only if controlled through additional standards and discretionary review that ensures the appropriateness of a particular use at a particular location in the district. Certain uses may have beneficial effects and serve important public interests. These uses are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public urban services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, but impose mitigation measures to address identified concerns, or to deny the use if the concerns cannot be resolved.
2. Standards. The City Council may grant a conditional use permit after considering the recommendation of the Planning Commission and if the use at the proposed location is compliant with the following findings:
i. The use is consistent with the general purposes and intent of the Comprehensive Plan;
ii. The use will not adversely affect the health, safety, or general welfare of the city;
iii. The use is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
iv. The use or appearance of the use is compatible with adjacent properties;
v. The use can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems;
vi. The use will not create an excessive burden on existing parks, schools, and other public facilities which serve or are proposed to serve the area;
vii. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land;
viii. The use is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposed use;
ix. The use will not create an intrusion of excessive noise, glare, or general unsightliness; and
x. If applicable, the proposed use is consistent with officially adopted city plans and overlays.
3. Conditions. In permitting a new conditional use, the City Council may impose, in addition to the requirements set forth in the chapter, conditions considered necessary or appropriate to protect the public health, safety and general welfare of the city.
4. Modification of conditional use permit. Any change which involves structural alteration, enlargement, or intensification of the use or any similar change not specifically permitted by the issued permit shall require an amendment to the conditional use permit. A request for an amendment shall be administered in the same manner and all procedures shall apply as if a new permit were being requested.
5. Review. The Zoning Administrator shall maintain a record for all conditional use permits issued, including information on the use, location, conditions imposed, if any, by the city, time limits, review dates and such other information as may be appropriate. The Zoning Administrator shall review each conditional use permit to determine if the development is in conformance compliance with the terms of such permit and any conditions designated on an annual basis.
6. 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.
7. Automatic conditional use status. Over time, the zoning regulations applicable to a specific site may change. This may be a result of changes to the content of the zoning regulations for a specific zone or from a change to the zoning map, including annexation and rezonings. After one of these changes, if an existing use was allowed by right or was a nonconforming use, and is now listed as a conditional use, the use is considered an approved conditional use and may continue to operate. Any changes to the use are subject to the conditional use permit process and the appropriate approval criteria.
8. 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.
(G) Interim use permit.
1. Purpose. The purpose and intent of allowing interim uses is:
i. 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;
ii. 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.
iii. To allow for a use that is not otherwise identified as a permitted, accessory, or conditional use, but may be appropriate in a particular district, is closely related to another permitted or conditional use, and/or the Zoning Administrator determines the use to be appropriate.
2. Standards. The City Council may grant an interim use permit if the use at the proposed location is compliant with the following:
i. The use is consistent with the general purposes and intent of the Comprehensive Plan;
ii. The use will not adversely affect the health, safety, or general welfare of the city;
iii. The use is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
iv. The use or appearance of the use is compatible with adjacent properties;
v. The use can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems;
vi. The use will not create an excessive burden on existing parks, schools, and other public facilities which serve or are proposed to serve the area;
vii. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land;
viii. The use is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposed use;
ix. The use will not create an intrusion of excessive noise, glare, or general unsightliness;
x. Will not impose, by agreement, additional costs on the public;
xi. Will terminate upon a tangible date or event specified in the resolution approving said interim use permit; and
xii. If applicable, the proposed use is consistent with officially adopted city plans and overlays.
3. Conditions. In permitting an interim use permit, the City Council may impose, in addition to the requirements set forth in the chapter, conditions considered necessary or appropriate to protect the public health, safety, morals and general welfare of the city and are 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 interim structures upon the expiration of the interim use permit.
4. Modification of an interim 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 amendment to the interim use permit. A request for an amendment shall be administered in the same manner and all procedures shall apply as if a new permit were being requested.
5. Expiration. An interim use permit shall expire consistent with conditions in statute.
(H) Site Plan Review.
1. Purpose. A procedure required for any expansion of 1,000 square feet or more or any new commercial, industrial, institutional, and multi-family development projects and to provide regulations pertaining to the enforcement of site design standards. The site plan review process is intended to, allow applicants to work in cooperation with the Commissions and City Council to arrive at a design which protects the integrity of each unique zoning district and is harmonious with the desired character of the city while maintaining and improving the city's tax base, preserving and enhancing the built environment, promoting the orderly and safe flow of traffic, ensuring compatibility with adjacent developments, proper orderly development, and compliance with this chapter.
2. Standards. The city may grant a site plan approval if the proposal is compliant with the following:
(a) The proposal is consistent with the general purposes and intent of the Comprehensive Plan;
(b) The proposal will not adversely affect the health, safety, or general welfare of the city;
(c) The proposal is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
(d) The proposal or appearance of the proposal is compatible with adjacent properties;
(e) The proposal can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems;
(f) The proposal will not create an excessive burden on existing parks, schools, and other public facilities which serve or are proposed to serve the area;
(g) The proposal will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land;
(h) The proposal is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposal; and
(i) If applicable, the proposal is consistent with officially adopted city plans and overlays.
3. Minor modifications. In the case of minor modifications of the site plan, the Zoning Administrator may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in the Zoning Code. Nothing contained herein shall be construed to allow the Zoning Administrator to vary the provisions of any statute, ordinance, city policy, or previous directives of the City Council. The Zoning Administrator shall have the discretion to refer any minor modification requests to the Planning Commission and City Council for their review and approval. Minor modifications may include, but are not limited to, the following:
(a) Lighting location and fixture type;
(b) Location, height, and style of fences and walls;
(c) Location of trash enclosures;
(d) Location and size of building signs and monument signs;
(e) Location and construction of on-site sidewalks, except on city right-of-way;
(f) Location, type, and size of plantings, provided the modification would have the same effective cover and screening;
(g) Location and construction of accessory buildings of less than 1,000 square feet;
(h) Minor relocation or addition of driveways or parking spaces.
4. Site plan amendment. Any modification deemed not to be minor shall be required to complete a site plan amendment. A site plan amendment is subject to all conditions and approvals required for a new site plan review.
5. Expiration. Unless otherwise specified, the approved site plan shall become null and void within one year of the date of approval unless the property owner or applicant received a building permit and commenced construction of improvements on-site. Extension requests shall be submitted in writing at least 30 days prior to expiration of the site plan and shall state facts showing a good faith effort to complete work permitted under the original approval.
6. Financial guarantee. The city may require a performance bond or escrow in an amount equal to 100% of the estimated cost to complete the public or private site and landscape plan improvements, exclusive of structures, to be filed with the city.
(I) Design review.
1. Purpose. The design review process is intended to ensure the implementation and vision of the Comprehensive Plan, Architectural Control and Building Materials section of this chapter and the Downtown Design Manual for properties located in the MU-1 Downtown Mixed Use District. Design review is intended to assist in offering solutions which are flexible, allowing applicants to work in cooperation with the Design and Historical Review Commission to arrive at a design which protects the integrity of the MU-1 Downtown Mixed Use District and is harmonious with the desired character of the Downtown. A design review approval shall be required as a condition to issuance of a building permit for new building construction, projects in which the building design or materials of more than 25% of any single exterior building wall or roof surface is altered, projects which alter the height of an existing building by more than two feet up or down, or projects which alter the lot coverage of an existing building by more than 10%.
2. Standards. The city may grant a design review approval if the proposal is compliant with the following:
(a) The proposal is consistent with the general purposes and intent of the Comprehensive Plan;
(b) The proposal will not adversely affect the health, safety, or general welfare of the city;
(c) The proposal or appearance of the proposal is compatible with adjacent properties;
(d) The proposal is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposal; and
(e) If applicable, the proposal is consistent with officially adopted city plans and overlays.
3. Minor modifications. In the case of minor modifications of the design review, the Zoning Administrator may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in the Zoning Code. Nothing contained herein shall be construed to allow the Zoning Administrator to vary the provisions of any statute, ordinance, city policy, or previous directives of the City Council. The Zoning Administrator shall have the discretion to refer any minor modification requests to the Design Review Commission and City Council for their review and approval. Minor modifications may include, but are not limited to, the following:
(a) Minor exterior alterations to existing building, but which do not require separate zoning permits.
(b) Maintenance of existing buildings requiring a building permit and replacement of materials consistent with the Downtown Design Manual.
4. Design review amendment. Any modification deemed not to be minor shall be required to complete a design review amendment. A design review amendment is subject to all conditions and approvals required for a new design review.
5. Expiration. Unless otherwise specified, the approved design review shall become null and void within one year of the date of approval unless the property owner or applicant received a building permit and commenced construction of improvements on-site. Extension requests shall be submitted in writing at least 30 days prior to expiration of the site plan and shall state facts showing a good faith effort to complete work permitted under the original approval.
6. Financial guarantee. The city may require a performance bond or escrow in an amount equal to 100% of the estimated cost to complete the site and landscape plan improvements, exclusive of structures, to be filed with the city.
(Ord. 739, passed 8-18-2015)