151. PLANNING AND ZONING (Administration, Violation, and Board of Adjustment 151.365 - 151.402)



151.365       Enforcement

151.366       Compliance required

151.367       Conflicts of law

151.368       Conditional use permits

151.369       Conditional use permit review criteria

151.370       Appeals related to conditional use permits




151.385       Compliance required

151.386       Violations

151.387       Relief from personal responsibility


                                                                  Board of Adjustment


151.400       Powers and duties

151.401       Variances

151.402       Procedure







§ 151.365  ENFORCEMENT.


The provisions of this chapter shall be administered by the Zoning Administrator or her or his authorized representative.

(Prior Code, § 617.01)




(A)  The Zoning Administrator shall examine all applications for building permits and the necessary site plan to determine whether the proposed construction, alteration, repair, enlargement, and proposed use shall comply with the provisions of this chapter and shall endorse thereon the date of his or her approval.


(B)  If it shall be determined that for any reason the permit requested may not be issued, the Zoning Administrator shall notify the applicant with a memorandum stating that reason for refusing to grant approval.

(Prior Code, § 617.02)



§ 151.367  CONFLICTS OF LAW.


(A)  Whenever any provision of this chapter establishes higher standards than are imposed or required by existing provision of the laws of the state or any regulation of the city, the provisions of this chapter shall apply.


(B)  Where the provision of state law or other city regulation or section set higher standards than those of this chapter, the provisions of the laws and regulations shall apply.

(Prior Code, § 617.03)





(A)  A conditional use is a use, which, because of certain characteristics, cannot be properly classified as a permitted use in the zoning district within which it is proposed.


(B)  The following procedure shall be followed in requesting a conditional use permit.


(1)   The applicant for a conditional use permit shall file his application with the Zoning Administrator on forms provided by the city. A fee shall be paid with each application, the amount determined by the Schedule of Fees Code which can be found in the City Clerk/Treasurer’s office.


(2)   The applicant shall submit, at the time of application, a map showing the names and addresses of all property owners and occupants within 350 feet of the property in question.


(3)   In support of determining the issuance of the conditional use permit, and before setting the date for public hearing before the Planning Commission, the city may require preliminary architectural drawings or sketches on all buildings or groups of buildings showing front, side, and rear elevation of the proposed building, location on the lot and as the same will appear after the work has been completed.


(4)   The Planning Commission shall set the date of public hearing for its next regular meeting after compliance with the above‑specified provisions and shall, within 30 days from the date of public hearing, make its recommendations to the City Council.


(5)   The Planning Commission shall notify by mail all property owners within 350 feet of the property in question at least ten days prior to the date of the public hearing. Failure of any property owner or occupant to receive the notice shall not invalidate the proceeding.


(6)   The applicant and/or her or his representative shall appear before the Planning Commission and answer any questions concerning the proposed conditional use.


(7)   The Planning Commission shall consider all possible adverse affects of the proposed conditional use and what additional requirements may be necessary to prevent the adverse affects.


(8)   The report of the Planning Commission shall be referred to the City Council and placed on the agenda of the council at its next regular meeting following referral from the Planning Commission.


(9)   The City Council shall take action on the application within 30 days after receiving the report of the Planning Commission, except that additional time may be taken in specific cases as permitted in conformance with M.S. § 15.99, as it may be amended from time to time. After reviewing the submitted information and the recommendation of the Planning Commission, the City Council, after holding a public meeting:


(a)   May approve the permit;


(b)   May approve the permit with conditions; or


(c)   May deny the permit, having found it not consistent with the city’s Comprehensive Plan or not compatible with the general character of the neighborhood.


(10)   (a)   If the Council grants the conditional use permit, it may impose any additional special conditions it considers necessary to protect the public health, safety, and welfare.


(b)   These conditions may include but are not limited to the following:


                           1.      Increasing the required lot size or yard dimension;


                           2.      Limiting the height, size, or location of buildings;


                           3.      Controlling the location and number of vehicle access points;


                           4.      Increasing the street width;


                           5.      Increasing the number of required off‑street parking spaces;


                           6.      Limiting the number, size, location, or lighting of signs;


                           7.      Requiring diking, fencing, screening, landscaping, or other facilities to protect adjacent or nearby property;


                           8.      Designation sites for open spaces; and


                           9.      Other conditions as judged necessary.


(11)   (a)   The City Council will forward its decisions/findings to all applicants. The Clerk/Treasurer shall maintain a record of all use permits issued including information on the use, location, and conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate.


(b)   The conditional use permit, if granted, shall be recorded with the office of County Property Records and Licensing and become a part of the title to the property. Applicants will be financially responsible for the published notices as well as filing fees with the County Recorder’s office or Registrar of Titles’ office.


(12)   Conditional use permits which were previously required by § 15.04, § 15.05, § 15.06, § 15.07, and § 15.08 of a prior version of the zoning ordinance are hereby abolished effective June 21, 2004 and replaced by the conditional use permit requirements set forth herein.

(Prior Code, § 617.04)





The Planning Commission, in considering an application for a conditional use permit, shall prepare its report and make findings on the following criteria:


(A)  The establishment, maintenance, or operation will not be detrimental to or endanger the public health, safety, or general welfare and is not contrary to established standards, regulations, or codes of other governmental agencies;


(B)  Each structure or improvement is so designed and constructed that it is not unsightly, undesirable, or obnoxious in appearance to the extent that it will hinder the orderly and harmonious development of the city and the use district wherein proposed;


(C)  The use will not be substantially injurious to the permitted uses nor unduly restrict the enjoyment of other property in the immediate vicinity nor substantially diminish and impair property values within the area;


(D)  The establishment of the use will not impede the orderly and normal development and improvement of the surrounding property for uses permitted in the zoning district;


(E)  Adequate water supply and sewage disposal facilities are provided and in accordance with applicable standards;


(F)   Adequate access roads, on‑site parking, on‑site loading and unloading berths, and drainage have been or will be provided;


(G)  Adequate measures have been taken to provide ingress and egress so designed as to minimize traffic congestion on public roads; and


(H)  The use will conform to all applicable regulations of the district wherein proposed and with the city’s Comprehensive Plan.

(Prior Code, § 617.05)





(A)  Appeal from denial. The applicant for any permit denied under §§ 151.369 and 151.387 may appeal, within ten days after the denial, to the Board of Adjustment for relief, which may be granted after holding a public hearing, with a two-thirds vote of the Board of Adjustment.


(B)  Appeal from approval. An aggrieved party of the approval of any permit under §§ 151.369 and 151.387 may appeal, within ten days after approval or imposition of additional conditions, which may be done after holding a public hearing and notifying the applicant prior to the hearing to review permit approval. Reversal of permit approval shall require a two-thirds vote of the Board of Adjustment.

(Prior Code, § 617.06)









(A)  It shall be the duty of all architects, contractors, subcontractors, builders, and other persons having charge of the erecting, altering, changing, or remodeling of any building or structure, including tents and trailer coaches, before beginning or undertaking any such work, to see that the work does not conflict with and is not a violation of the terms of this chapter; and any such architect, contractor, builder, or other person doing or performing any such work of erecting, altering, changing, or remodeling and in violation of, or in conflict with the terms of this chapter, shall be deemed guilty of a violation hereof in the manner and to the same extent as the owner of the premises or the person or persons for whom the buildings are erected, repaired, altered, changed, or remodeled in violation hereof and shall be held accountable for the violation.


(B)  A zoning certificate fee shall be required as set forth in Schedule of Fees Code which can be found in the City Clerk/Treasurer’s office.

(Prior Code, § 618.01)  Penalty, see § 10.99



§ 151.386  VIOLATIONS.


(A)  Any use of land in the city which is not expressly permitted by the terms of this chapter is prohibited. It shall be unlawful for any person to erect, construct, reconstruct, alter, repair, convert, or maintain any building, structure, or sign or to use any land in violation of this chapter.  For purposes of this section, person shall include the property owner, in the case of leased property, the tenant, or any other person or entity in possession of the property with the knowledge and consent of the property owner.


(B)  In the event of a violation of an official control adopted under authority of M.S. §§ 462.351 to 462.364, as they may be amended from time to time, in addition to other remedies, the City Council or any member thereof, or any aggrieved resident, may institute an appropriate action or proceeding to prevent, restrain, correct, or abate the violation, or threatened violation, and it is the duty of the City Attorney to institute the action.

(Prior Code, § 618.02)  Penalty, see § 10.99





Any claim based upon an act or omission of an officer or employee exercising due care in the execution of any valid or invalid portions of this chapter and any claim based upon the performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused, are hereby enumerated as exceptions to M.S. § 466.02, as it may be amended from time to time, and the section does not apply. The city shall defend, save harmless, and indemnify any of its officers or employees whether elective or appointed against any tort, claim, or demand, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of duty in the enforcement and administration of this chapter, except as provided in M.S. § 466.07, as it may be amended from time to time.

(Prior Code, § 618.04)  Penalty, see § 10.99




                                                           BOARD OF ADJUSTMENT





(A)  The members of the Planning Commission shall constitute the Board of Adjustment. The Board of Adjustment shall act upon all questions as they may arise in the administration of any chapter or official control, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official charged with enforcing this chapter.


(B)  The appeal may be taken by any person aggrieved or by any officer, department board, or commission of the city. The appeal shall be taken within ten days from the date the decision is rendered in writing and thereafter served on the appellant personally, by United States mail, or transmitted by electronic mail, by filing with the Board of Adjustment a notice of appeal specifying the grounds thereon. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the appellant and the officer from whom the appeal is taken and decide the same within a reasonable time.


(C)  After hearing the matter, the Board of Adjustment may recommend to the City Council that the decision or determination appealed be reversed or affirmed, wholly or partly, or may recommend modification of the order, requirement, decision, or determination as in its opinion ought to be made in the premises; and may recommend that the City Council issue or direct the issuance of a permit.


(D)  The reason for the Board’s recommendation shall be stated. The recommended decision of the Board of Adjustment shall thereafter be acted upon by the City Council and the Council’s decision in that regard shall be final and any person having an interest affected by the chapter shall have the right to appeal to the district court for the county.

(Prior Code, § 619.01)



§ 151.401  VARIANCES.


(A)  No variance in the provisions or requirements of this chapter shall be authorized by the City Council following a hearing before the Board of Adjustment unless the Council finds evidence that all the following facts and conditions exist:


(1)   There are extraordinary conditions or circumstances, such as irregularity, narrowness, or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district;


(2)   The extraordinary conditions or circumstances are due to circumstances unique to the property not created by the landowner;


(3)   The variance is necessary to overcome practical difficulties in complying with the zoning ordinance so that the property can be used in a reasonable manner not permitted by the ordinance;


(4)   The variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, and will not alter the essential character of the locality;


(5)   The variance is in harmony with the general purpose and intent of the chapter; and


(6)   The terms of the variance are consistent with the Comprehensive Plan.


(B)  In granting a variance, the City Council may impose conditions to ensure compliance and to protect adjacent properties. The City Council may not permit as a variance any use that is not permitted under this chapter for the property in the district where the affected person’s land is located.

(Prior Code, § 619.02)



§ 151.402  PROCEDURE.


(A)  Within 30 days after receipt of filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustment shall hold a public hearing thereon, and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of the hearing shall be published in a newspaper of general circulation at least ten days prior to the date of hearing. In addition, notice of the hearing shall be mailed not less than ten days before the date of hearing to the person or persons who filed the appeal or request and in the case of a request for a variance to each owner of property situated wholly or partly within 350 feet of the property to which the variance relates. A map containing the names and addresses of property whereon the variance is requested shall be submitted with and made a part of the application by mail within a reasonable time after the hearing, the Board of Adjustment shall make its order deciding the matter and serve a copy of the order upon the appellant or the petitioner by mail.


(B)  A fee shall be required as set forth in Schedule of Fees Code which can be found in the City Clerk/Treasurer’s office.

(Prior Code, § 619.03)  Penalty, see § 10.99