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A 5 person Board of Adjustment and Appeals is hereby created. The City Council shall act as the Board of Adjustment and Appeals and has the authority and jurisdiction to review and act upon all applications for appeal regarding the interpretation and restrictions of this chapter.
(Ord. 239, § 1101, passed 1-22-2000; Am. #1, passed 5-7-2001; Am. Ord. 23-02, passed 2-13-2023)
(A) The Board of Adjustment and Appeals has the following powers and duties with respect to the zoning code.
(B) To hear and decide appeals where it is alleged that there is an error in any order of requirement, decision, or determination made by an administrative officer in the enforcement of the zoning code.
(Ord. 239, § 1102, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) Undue hardship as used in connection with the granting of a variance means:
(1) The property in question cannot be put to a reasonable use if used under conditions allowed by Chapters 151 and 152;
(2) The plight of the landowner is due to circumstances unique to his or her property not created by the landowner; and
(3) 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.
(C) Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties.
(D) A variance may not be granted for any use that is not permitted under this chapter for the zone in which the property is located.
(E) Undue hardship, as used in connection with the granting of a variance, includes direct sunlight for solar energy systems.
(Ord. 239, § 1103, passed 1-22-2000)
(A) The procedure for taking action on a variance or an appeal shall be as follows.
(B) (1) An application for a variance or an appeal of a requirement, decision, or determination of an administrative officer shall be filed with the Zoning Administrator stating the particular difficulties claimed and remedy sought. Such application shall be accompanied by a fee as set forth in the current city fee schedule. This fee shall not be refunded. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:
(a) A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section; and
(b) Supporting materials as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
(2) Upon receipt of a complete application, as determined by the Zoning Administrator, the City Clerk shall set a public hearing following proper hearing notification.
(3) The Zoning Administrator shall refer the matter to the Planning and Zoning Commission for review and comment. Within 30 days after the Zoning Administrator has accepted a complete application, the Planning Commission shall conduct the hearing and report its findings and make recommendations to the Board. Notice of hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing.
(4) The Planning and Zoning Commission shall forward its recommendation to the Board for final approval. The Board shall act upon the request within 60 days from the date of submission of the completed application to the Zoning Administrator, unless an extension has been provided. However, the time within which the Board must make a decision may be extended for 60 days by the Board by giving written notice to the applicant of this extension and the reasons for it within the first 60-day period, in which case the Board shall have 120 days to hold a public hearing and either approve or deny the application for a variance. A copy of the order shall be mailed to the applicant.
(5) A decision of the Board is final, subject only to judicial review in the district court.
(6) The Planning and Zoning Commission and Board shall provide a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including any final order.
(7) Upon notification of the applicant and verification by the Zoning Administrator that the construction permitted by a variance is complete, a certified copy of a variance granted, including the legal description of the property involved, shall be filed with the County Recorder.
(8) Construction permitted by an existing or newly issued variance shall be completed within 1 year of the variance issuance or the variance shall be void.
(Ord. 239, § 1104, passed 1-22-2000; Am. #4, passed - -2004; Am. Ord. 23-02, passed 2-13-2023)
(A) Engage in land use planning activities;
(B) Prepare a zoning ordinance. A Planning and Zoning Commission can not adopt an ordinance. It can recommend an ordinance or amendments to an ordinance to the City Council. Only a City Council can adopt an ordinance. The Planning and Zoning Commission is the appropriate body to hold all hearings on a zoning ordinance and its amendments;
(C) Review and recommend to the City Council the appropriate action to take on all requests for amendments to the zoning code, variances and conditional use permits;
(D) Hold public hearings on the above; and
(E) Other matters as delegated by the City Council.
(Ord. 239, § 1106, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) A conditional use listed in this chapter may be permitted, enlarged, or altered in accordance with the standards and conditions of this chapter. In addition to those standards and requirements expressly specified by this chapter, additional conditions considered necessary to protect the best interests of the surrounding area, or the city as a whole, may be imposed.
(B) These conditions may include but are not limited to the following:
(1) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required with particular attention to the items in division (B)(1) above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the area;
(3) Refuse and service areas, with particular reference to the items in divisions (B)(1) and (B)(2) above;
(4) Utilities, with reference to locations, availability, and compatibility;
(5) Screening and buffering with reference to type, dimensions, and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(7) Required yards and other open space; and/or
(8) General compatibility with adjacent properties and other property in the area in regard to lot size, dimensions, and setbacks.
(Ord. 239, § 1107, passed 1-22-2000)
(A) The procedure for taking action on a conditional use application shall be as follows.
(B) (1) An application for a conditional use permit shall be filed with the Zoning Administrator.
(2) The application shall be accompanied by a site plan of the proposed use showing the information as may be deemed necessary by the Zoning Administrator which may include, but is not limited to the following:
(a) Scale drawing of the parcel showing dimensions;
(b) Location of all existing and proposed buildings and their square footages;
(c) Curb cuts, driveways, access roads, parking spaces, and off-street loading areas;
(d) Existing topography;
(e) Finished grading and drainage plan;
(f) Sanitary sewer and water plan with estimated use per day;
(g) Soil limitations for the intended use; and
(h) A map showing all principal land use within 350 feet of the parcel for which application is being made.
(3) The application and related file shall be referred to the Planning and Zoning Commission for a study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood.
(4) The Zoning Administrator shall cause to be published a notice of public hearing, in the official newspaper, at least 10 days prior to the date of hearing. The hearing shall be held within 30 days of filing.
(5) The City Council shall, within 60 days after a complete application is accepted for filing by the Zoning Administrator, consider the advice and recommendation of the Planning and Zoning Commission and either approve or deny the application for the conditional use permit. The time within which the Council must make a decision may be extended for an additional 60 days by the Council by giving written notice to the applicant of the extension, within the 60-day period, in which case the Council shall have 120 days to either approve or deny the issuance of the conditional use permit.
(6) No conditional use shall be recommended by the Planning and Zoning Commission unless the Commission makes a positive finding on each of the following.
(a) The use must be compatible with the uses in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.
(b) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(c) That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
(d) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
(e) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in a manner that no disturbance to neighboring property will result.
(7) Within 60 days of filing, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and shall make a determination on the conditional use permit. Should the Council find that the proposed use when conducted under the specified conditions will not be detrimental to the health, safety, and general welfare, they may grant a conditional use permit specifying the conditions for location and use requested.
(8) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.
(9) A use permitted by a conditional use permit shall be established within 1 year of the permit issuance. If the use is not established within a year, the conditional use permit shall be void.
(10) Once the use is established, a conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing shall prevent the city from enacting or amending this chapter to change the status of conditional uses.
(11) A certified copy of any conditional use permit shall be filed with the Faribault County Recorder. The conditional use permit shall include the legal description of the property included.
(Ord. 239, § 1108, passed 1-22-2000)
(A) The procedure for taking action on an amendment to the zoning code shall be as follows.
(B) (1) An amendment to this chapter may be initiated by the City Council, Planning and Zoning Commission, property owner, or citizen. An amendment may be for a change of property from 1 district to another, a change in district regulations, or a change to other portions of this chapter. All requests for amendment to this chapter text or map shall follow the procedure outlined below.
(2) The Planning and Zoning Commission shall cause to be published a notice of public hearing in the official newspaper at least 10 days prior to the date of the hearing. When the petition involves changes in zone boundaries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates.
(3) For the purpose of giving mailed notice, the Zoning Administrator shall use the records of the city public utilities and the County Recorder to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt was made to comply.
(4) The Planning and Zoning Commission shall hold a public hearing on the amendment within 30 days of its filing. The Planning and Zoning Commission shall consider the effect of the amendment on the comprehensive plan and on existing and planned land uses in the neighborhood of the amendment and throughout the city. Within 10 days of the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council.
(5) The City Council shall either approve or deny the application by a 2/3 vote of the members of the Council within 60 after the filing of a complete application for an amendment to the zoning code, or within 120 days if the Council has extended the time period by giving written notice of the additional 60 day extension and the reason for it to applicant within the first 60-day period.
(6) No petition of a property owner for an amendment to this chapter shall be considered by the city within the 1-year period immediately following a previous denial of the request, except the city may consider a new petition if, in the opinion of the Planning and Zoning Commission, new evidence or a change of circumstances warrant it.
(Ord. 239, § 1109, passed 1-22-2000)
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