(A) General rule. Buildings or structures erected, constructed, altered or moved must conform to the regulations specified for the district in which they are located. The use of a building or structure or parcel of land may not change unless it conforms to all of the regulations specified for the district in which it is located.
(B) Use and occupancy permit. No premises or building shall be used or occupied in any of the business, commercial or industrial zoning districts in the city unless and until a use and occupancy permit has been issued by the Zoning Administrator for the particular occupant(s), use(s) and activities to be carried on at such premises.
(1) No change in any use or occupant shall be made at any such premises or building unless and until a new use and occupancy permit has been issued by the Zoning Administrator permitting such change. Applications for a use and occupancy permit shall list the names and addresses of all of the owners and occupants of the building or premises and shall describe each and all of the businesses and activities proposed for such premises.
(2) Use and occupancy permits issued by the Zoning Administrator shall describe the business or activity for which the premises may be used or occupied and the names of the owner(s) and occupant(s). Such permit shall be posted in a conspicuous place at the premises.
(C) Compliance. Persons seeking to either erect, construct, structurally alter or reconstruct any building or structure must apply for a building permit. Persons seeking to change the use of a structure or parcel of land must first discuss plans with the Zoning Administrator to determine if a building permit is required for the activity.
(D) Procedure. The following procedure is followed to determine if proposed buildings or structures or alterations to buildings and structures comply with the regulations of this section.
(1) Building permit applications are available at the City Administrator/Clerk-Treasurer’s office, from the Zoning Administrator, or from the Building Official.
(2) Applicants must fill out the form, sign it and pay the fee before a determination of compliance is made.
(3) The completed application is forwarded to the Zoning Administrator who checks the application and activity for compliance with this section.
(a) If the completed application meets the regulations of this section, the Zoning Administrator may sign the compliance form and forward a copy to the applicant and the Planning Commission.
(b) If the completed application does not comply with this section the Zoning Administrator must notify the applicant of the reasons for non-compliance.
(c) If the proposed activity, use or construction requires a variance or conditional use permit, the Zoning Administrator must notify the applicant in writing and explain variance and conditional use permit procedures.
(4) Determinations by the Zoning Administrator under this section must be forwarded to the Planning Commission.
(E) Conditional use permits.
(1) In granting a conditional use permit, the City Council must consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety and general welfare of occupants of surrounding lands. Among other things, the City Council must make the following findings, where applicable:
(a) The use will not create an excessive burden on existing parks, schools, streets and other public facilities that serve or are proposed to serve the area;
(b) The use will be sufficiently compatible or separated by distance or screened from adjacent residentially zoned or used land so that existing homes will not depreciate in value and there will be no deterrence to development of vacant land;
(c) The structure and site will have an appearance that will not have an adverse effect upon adjacent residential properties;
(d) The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use;
(e) The use is consistent with the purposes of the zoning ordinance and the purposes of the zoning district in which the applicant intends to locate the proposed use;
(f) The use in not in conflict with the comprehensive plan;
(g) The use will not cause traffic hazards or congestion; and
(h) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
(2) The City Council may impose, in addition to the standards and requirements expressly specified by this section, additional conditions which the City Council 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 dimension;
(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; and
(i) Establishing a time limit for action under the permit.
(3) The Zoning Administrator must maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the City Council, time limits, and such other information as may be appropriate.
(4) The procedure for obtaining a conditional use permit is as follows:
(a) The property owner or the owner’s agent meets with the Zoning Administrator to explain the proposal, learn the procedures, and obtain an application form;
(b) The applicant files the completed application form together with the required exhibits and fee as required by § 36.02 of this code of ordinances with the Zoning Administrator. Required exhibits may include, but are not limited to, a preliminary building and site plan, evidence of ownership or purchase contract or enforceable option on the property involved and a boundary survey of the property;
(c) The Zoning Administrator transmits the application to the Planning Commission and notifies property owners within 350 feet of the outer boundaries of the property in question; however, failure of property owner to receive such notification does not invalidate the proceedings;
(d) The Zoning Administrator sets the date for a public hearing and publishes notice of the hearing at least once in the official newspaper, not less than ten days and not more than 30 days prior to the hearing;
(e) The Planning Commission holds the public hearing and studies the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce such adverse effects and recommend one of three actions to the City Council after holding the public hearing, approval, denial or conditional approval;
(f) The City Council takes appropriate action on the request for a conditional use permit after receiving the recommendation by the Planning Commission. If the City Council grants the conditional use permit, the City Council may impose conditions it considers necessary to protect the public health, safety and welfare;
(g) A conditional use permit is void without further action by the Planning Commission or the City Council if work thereon does not commence within one year of the date granting such conditional use;
(h) In the event that the applicant violates any of the conditions set forth in the permit, the Zoning Administrator notifies the City Council. If the City Council finds a violation has occurred the applicant must be notified in writing of the possible violation. Before corrective action is taken, the City Council must hold a public hearing on the status of the permit. After the public hearing is held, the City Council may recommend either that no action be taken or order the applicant to take collective action to bring the permit into compliance; and
(i) An application for the same conditional use permit may not be considered by the Planning Commission within a one year period following denial of an application for that permit.
(F) Interim use permits.
(1) The purpose of this section is to allow the establishment or continuation of interim uses under specific and regulated conditions. Interim uses may be allowed by interim use permit if the following conditions are met;
(a) The use conforms to the city’s zoning regulations;
(b) The date or event that will terminate the use can be identified with certainly;
(c) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and
(d) The user agrees to any conditions that the City Council deems appropriate for permission of the use.
(2) The land owner or user shall submit an application for an interim use permit to the city. The application shall be accompanied by the following information and documentation:
(a) A legal description of the property;
(b) The name and address of the owner and user, if different;
(c) A survey showing property boundaries, existing improvements, including buildings, parking areas, storage areas, utilities, drainage tiles and wells, topography of the site and area within 1,200 feet of the properly boundaries with contours at two-foot intervals, significant trees and existing vegetation, easements of record, including the dimensions thereof, and wetlands;
(d) A site plan of proposed improvements, showing all buildings, parking areas, storage areas, driveways, access points, berms, easements and adjacent public or private streets;
(e) Floor plans and building elevations, including list of building materials, showing a sketch or computer-generated image of proposed buildings as viewed from surrounding uses;
(f) A site plan of existing uses on property in non-residential zones adjacent to the site and on property in residential zones within 720 feet of the site, measured at the closest point, showing buildings, entrances and other significant features and illustrating sight lines to the proposed use;
(g) A proposed grading plan with contours at two-foot intervals;
(h) A soils map;
(i) A tree preservation plan;
(j) A landscaping plan, including a listing of the species and sizes of vegetation;
(k) A drainage and storm water plan;
(l) A utility plan;
(m) A sign plan;
(n) A lighting plan;
(o) A table of all proposed uses by type and square footage, including estimated water and sanitary sewer usage;
(p) A statement of the date or event terminating the use; and
(q) The application fee, as required by § 36.02 of this code of ordinances.
(3) Upon receipt of an application for an interim use permit, the City Administrator shall review the material submitted and determine whether the application is complete. If the application is not complete, the City Administrator shall notify the applicant in writing and shall specify the additional documentation or information that the applicant will be required to submit before the application will be considered complete. When the application is complete, the City Administrator shall refer the matter to the Planning Commission for review and public hearing.
(4) (a) The Planning Commission shall review the interim use permit application on the basis of the information and documentation submitted by the applicant and any other information available to it. The Planning Commission shall hold a public hearing on the proposed interim use permit. Notice of the time, place and purpose of the hearing shall be published in the city’s official newspaper at least ten days prior to the date of the hearing. Notice must also be mailed at least ten days prior to the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the interim use permit relates.
(b) The Planning Commission shall review the proposed interim use to determine whether it is consistent with the requirements of the city planning and land use regulations. Following the public hearing, the Planning Commission shall recommend that the interim use be approved with conditions or denied. The Planning Commission shall forward its recommendation to the City Council along with a list of suggested conditions if it recommends approval of the permit.
(5) (a) The City Council shall consider the recommendation of the Planning Commission after receipt of its report and may consider any additional information or conduct such additional review, if any, as it determines would serve the public interest. The City Council shall approve with conditions or deny the interim use permit The City Council shall condition its approval in any manner it deems reasonably necessary in order to promote public health, safety or welfare and to achieve compliance with the city code. The City Council may require the applicant to enter into an agreement including such provisions as it deems reasonably required to ensure compliance with the city code and the terms and conditions of the city’s approval.
(b) An application to amend an approved site plan shall be reviewed under this section in the same manner as an initial application for an interim use permit.
(6) An interim use shall terminate upon the date or the occurrence of the event established in the permit or upon such other condition specified by the city. Notwithstanding anything herein to the contrary, an interim use may be terminated by a change in zoning regulations applicable to the use or land upon which it is located.
(G) Variances.
(1) A variance from the literal provisions of this code may be granted by the council: in instances where it is determined that, by reason of circumstances unique to the individual property not created by the landowner, the strict enforcement would cause practical difficulties, and where it is demonstrated that granting the variance is in harmony with the general purpose and intent of the code and consistent with the comprehensive plan. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(a) PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means:
1. The property owner proposes to use the property in a reasonable manner not permitted by the code;
2. Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property has had no control. That the unique circumstances do not result from the actions of the landowner; and
3. The variance, if granted, will not alter the essential character of the neighborhood.
(b) Economic conditions alone do not constitute practical difficulties.
(c) No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
(d) The City Council may impose such conditions upon the premises benefitted by the variance as may be necessary to comply with the standards established by this code or to reduce or minimize the effect of such variance upon others the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. A variance may not permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area nor permit standards lower than those required by federal, state or local law.
(2) The procedure for obtaining a variance is as follows.
(a) The property owner or the owner’s agent must meet with the Zoning Administrator to explain the proposal, be informed of the application procedures, and obtain an application form.
(b) The applicant must file the completed application form together with the required exhibits with the Zoning Administrator and must pay an application fee as required by § 36.02 of this code of ordinances. Required exhibits may include, but are not limited to, a preliminary building and site plan, evidence of ownership or purchase contract or enforceable option on the property involved and a boundary survey of the property.
(c) The Zoning Administrator transmits the application to the Planning Commission and notifies property owners within 30 feet of the outer boundaries of the property in question; however, failure of property owner to receive such notification does not invalidate the proceedings.
(d) The Zoning Administrator sets the date for a public hearing and publishes notice of the hearing at least once in the official newspaper, not less than ten days and not more than 30 days prior to the hearing.
(e) The Planning Commission will review the application and make its recommendation on the variance application to the City Council. The City Council must take one of three actions: approval; denial; or approval with conditions. The City Council shall make written findings of fact on the application and shall state therein the reasons for such decision. A copy of the findings shall be mailed to the applicant.
(f) An application by a property owner for a variance may not be submitted to the city within a six-month period following a denial of such a request, except the Zoning Administrator may permit a new application if, in the opinion of the Zoning Administrator, new evidence or change in circumstances warrant it.
(H) Ordinance amendments.
(1) An amendment to this section may not be adopted until a public hearing has been held thereon by the Planning Commission. A notice of the time, place and purpose of the hearing must be published in the official newspaper at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries, affecting an area of five acres or less, a similar notice must be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partially within 350 feet of the property to which amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine names and addresses of owners. A copy of the notice and a list of owners and addresses to which the notice is sent must be attested to by the responsible person and be made a part of the record of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice do not invalidate the proceedings, providing a bona fide attempt to comply with this section has been made by the responsible person.
(2) An amendment to this section may be initiated by the City Council, the City Planning Commission or by petition of affected property owners.
(3) An amendment not initiated by the Planning Commission must be referred to the Planning Commission for review and recommendations, and may not be acted on by the City Council until the City Council has received the recommendations of the Planning Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the Planning Commission.
(4) Any amendment or changes in zoning district boundaries of parcels of land lying wholly or partially in the General Shoreland District or Kettle River Wild and Scenic River and Floodplain Districts requires notification of the appropriate DNR office of such meetings or hearings at least ten days prior to such meetings and hearings.
(5) Copies of final decisions involving amendments to this section or changes of district boundaries lying wholly or partially in the General Shoreland District or Kettle River Wild and Scenic River and Floodplain Districts must be sent to the appropriate DNR office within ten days of the final decision. The amendment does not become effective until approval is received from the DNR.
(I) Review and recommendation.
(1) The Zoning Administrator must review all applications under this section.
(2) The Planning Commission must review proposed ordinance amendments, conditional use permits, interim use permits and variance applications.
(3) The City Council hears appeals of determinations by the Zoning Administrator and variance, interim use permit and conditional use permit applications.
(4) Preliminary plats must be reviewed by the Planning Commission to determine conformity to this section and all other ordinances in force which affect zoning. Copies of such preliminary plats will be transmitted by the Zoning Administrator to the City Administrator/Clerk-Treasurer, other officials, and agencies as the Planning Commission deems necessary for its recommendations concerning matters within its jurisdiction.
(5) Recommendations on plats must be transmitted to the Planning Commission at least three days prior to its regularly scheduled meeting.
(6) Applications pertaining to land lying in the General Shoreland District or Kettle River Wild and Scenic River and Floodplain Districts must be reviewed by the DNR.
(Ord. 2008-11, passed - -2008; Ord. 2010-01, passed 2-16-2010; Ord. 2011-09, passed 8-17-2011) Penalty, see § 163.999