11.90 - Administration § 11.90
Section 11.9o: Administration
Subdivision 1. Administration and Enforcement
The City Manager or his/her designee is hereby authorized and directed to enforce
all the provisions of this Chapter. The City Manager or his/her designee may
delegate this authority to any administrative official or support staff member of the
City, who shall be directly under the control and supervision of the City Manager or
his/her designee. Such staff shall have the following duties:
Source: Ordinance No. 313, 2nd Series
Effective Date: 10-29-04
A. To issue all permits and certificates required by this Chapter.
B. To receive process and forward all applications for various zoning requests as
stipulated in this Chapter.
C. To cause any building, structure, land use, place or premises to be reviewed
and examined and to report in writing the remedy of any condition found to
exist therein in violation of any provision of this Chapter.
Source: Ordinance No. 583
Effective Date: 12-31-82
Subdivision 2. Non-Conforming Uses
A. Any nonconformity, including the lawful use or occupation of land or
premises existing at the time of the adoption of an additional control under
this chapter, may be continued, including through repair, replacement,
restoration, maintenance, or improvement, but not including expansion,
unless:
1. The nonconformity or occupancy is discontinued for a period of more than
one (1) year; or
2. Any nonconforming use is destroyed by fire or other peril to the extent of
greater than fifty percent (50%) of its market value and no building
permit has been applied for within one hundred eighty (180) days of
when the property is damaged. In this case, the City may impose
reasonable conditions upon a building permit in order to mitigate any
newly created impact on adjacent property.
B. Any subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy.
C. Notwithstanding subparagraph A, above, the City shall regulate the repair,
replacement, maintenance, improvement, or expansion of nonconforming
uses and structures in floodplain areas to the extent necessary to maintain
eligibility in the National Flood Insurance Program and not increase flood
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§ 11.90
damage potential or increase the degree of obstruction to flood flows in the
floodway.
Source: Ordinance No. 365, 2nd Series
Effective Date: 3-23-07
Subdivision 3. Zoning Map Changes and Chapter Amendments
No change shall be made in the boundary line of any zoning district, or in the
permitted and/or conditional use or regulation for any zoning district, except after
an official public hearing and upon a majority affirmative vote of the Council.
However, the adoption or amendment of any portion of a zoning ordinance which
changes all or part of the existing classification of a zoning district from residential,
two family residential, and multiple dwelling sub-districts to either commercial,
industrial, light industrial, and business and professional offices requires a two-
thirds (2/3) majority affirmative vote of all members of the Council. Zoning
boundary changes or Chapter amendments may be initiated by the Council, or by
petition of affected persons and property owners within the City. Upon receipt of
such a petition, the matter shall be referred to the Planning Commission for review
and recommendation. The Planning Commission shall conduct an informal public
hearing within sixty (60) days of receiving said petition, and after notifying all
property owners within five hundred (500) feet of the boundaries of the property
involved. Following receipt of the Planning Commission's recommendation, the
Council shall conduct an official public hearing within sixty (60) days and make a
decision thereon within ninety (90) days.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
A. All eligible applications for Zoning Map Amendments must comply with the
City's Mixed-Income Housing Policy.
Source: Ordinance No. 631, 2nd Series
Effective Date: 03-15-18
Subdivision 4. Board of Zoning Appeals
There is hereby created a Board of Zoning Appeals which shall be organized,
operated and have certain powers, as follows:
A. Organization.
Source: Ordinance No. 583
Effective Date: 12-31-82
1. The Board of Zoning Appeals shall consist of six (6) members. All
members of the Board of Zoning Appeals shall serve a one (1) year term.
During the month of April the City Council shall appoint four (4) voting
members and one (1) non-voting youth member. A Planning
Commissioner shall be a voting member of the Board of Zoning Appeals.
All of the voting members of the Planning Commission are alternates to
the Board of Zoning Appeals. In the absence of any voting member of the
Board of Zoning Appeals, any voting member of the Planning Commission
may serve as an alternate. At least one (1) voting member of the
Planning Commission shall be present at each meeting of the Board of
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§ 11.90
Zoning Appeals. The Board of Zoning Appeals shall meet at least once a
month if there are any petitions pending for action.
Source: Ordinance No. 620, 2nd Series
Effective Date: 3-30-17
2. The Board of Zoning Appeals shall keep a written record of all of its
proceedings, including minutes of its meetings, its findings and the action
taken on each matter heard by it including its Final Order. The Board of
Appeals shall adopt such further rules for the conduct of its proceedings
as it shall deem necessary, including rules governing the exact date of its
meetings, the date by which petitions must be filed to appear on the
agenda of any particular meeting, provisions for the conduct of the
meeting including the matter of giving of oaths to witnesses at the
hearings, the manner in which evidence might be presented at the
hearings and provisions for the filing of written briefs by the petitioner or
other interested parties.
Source: Ordinance No. 464, 2nd Series
Effective Date: 07-30-11
B. Powers. The Board of Zoning Appeals shall have the following powers with
respect to this Chapter:
1. To decide appeals where it is alleged that an error has been made in any
Order, requirement, decision or determination and/or interpretation made
by a City administrative officer in enforcement and administration of this
Chapter.
Source: Ordinance No. 583
Effective Date: 12-31-82
2. To hear requests for variances from the requirements of this Chapter,
including restrictions placed on nonconformities. Variances shall only be
permitted when they are in harmony with the general purposes and intent
of this Chapter and when the variances are consistent with the
comprehensive plan. A variance may be granted when the petitioner for
the variance establishes that there are practical difficulties in complying
with this Chapter "Practical difficulties," as used in connection with the
granting of a variance, means:
a. the property owner proposes to use the property in a reasonable
manner not permitted by this Chapter;
b. the plight of the property owner is due to circumstances unique to the
property not created by the property owner; and
c. the variance, if granted, will not alter the essential character of the
locality.
3. Economic considerations alone do not constitute practical difficulties.
Practical difficulties include but are not limited to, inadequate access to
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§ 11.90
direct sunlight for solar energy systems. Notwithstanding the foregoing,
variances shall be granted for earth sheltered construction as defined in
Minnesota Statutes section 216C.06, subdivision 14, when in harmony
with this Chapter.
4. The Board of Zoning Appeals may not grant a variance that would allow
any use that is not allowed under this Chapter for property in the zone
where the affected person's land is located. The Board of Zoning Appeals
may impose conditions in the granting of variances. A condition must be
directly related to and must bear a rough proportionality to the impact
created by the variance.
Source: Ordinance No. 464, 2nd Series
Effective Date: 07-30-11
5. When either the City, Hennepin County or the State of Minnesota creates
or worsens a nonconforming setback or prevents or worsens compliance
with the applicable parking requirements by acquiring, a portion of a lot
for a public improvement, the lot owner shall be entitled as a matter of
right to obtain a variance for the nonconforming setback or parking
condition so created or worsened. This subparagraph shall apply only to
acquisitions taking place after June 1, 1992, and shall not apply to
acquisitions taking place in the normal course of the land subdivision
(platting) process. Nothing contained in this sub-paragraph shall be
interpreted to lessen the requirement for a traffic management plan
contained in Section 11.56 of the City Code.
Source: Ordinance No. 89, 2nd Series
Effective Date: 5-21-92
*Renumbering Source (4):
Source: Ordinance No. 464, 2nd Series
Effective Date: 07-30-11
C. Procedure.
1. Appeals to the Board of Zoning Appeals may be taken by an affected
person upon filing of a petition form with the designated staff liaison.
Such petitions shall be heard at the next regular monthly meeting of the
Board of Zoning Appeals, provided that such petitions must be received
by the City Manager or his/her designee no later than fifteen (15) working
days prior to the meeting date for which a hearing could be scheduled.
Failure to follow this procedure shall result in a delay of the hearing until
the next regular meeting of the Board of Zoning Appeals. Each petition
shall be comprised of a survey, prepared by a registered land surveyor
licensed in the State of Minnesota, locating all property lines, buildings,
and streets along with a completed petition form, provided by the City,
and a filing fee as prescribed in this Chapter. The petition form shall be
completed in sufficient detail to clearly demonstrate the variance applied
for or the administrative act being appealed therefore, and shall set forth
the reasons and justification cited by the petitioner as grounds for
granting the petition.
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§ 11.90
Source: Ordinance No. 142, 2nd Series
Effective Date: 3-14-96
2. The Board of Zoning Appeals shall give at least ten (10) days written
notice of the time, place of hearing and nature of the appeal to the
petitioner and to all adjacent (abutting) property owners. Any party may
appear at such hearing, whether in person or by agent or attorney. The
Board of Zoning Appeals shall make its Order with respect to said appeal
within seventy (70) days from the date of the hearing thereon. Within
thirty (30) days of the final written Order of the Board of Zoning Appeals
any petitioner feeling aggrieved by the decision of the Board of Zoning
Appeals may file a written appeal with the designated staff liaison,
thereby appealing the decision of the Board of Zoning Appeals to the
Council. Therefore the Council shall, within thirty (30) days from the date
of such appeal, make its findings and determination with respect to the
appeal and serve a written report thereof upon the appellant by United
States Mail. If no appeal is taken by the petitioner from the decision of
the Board of Zoning Appeals in the manner hereinabove provided, then
the decision of the Board of Zoning Appeals shall be final.
3. In those cases where the effect of the decision of the Board of Zoning
Appeals is to grant a variance, the permission or license to perform the
action authorized thereby shall lapse after the expiration of one (1) year
following the date of service by mail of the Order granting the variance,
unless construction has commenced or a valid building permit for the
work described in the variance has been issued and work is proceeding in
an orderly way within said one (1)-year period in accordance with the
plans for which such variance was approved, or unless otherwise specified
in the Order granting the variance. The Council in its sole discretion may
grant an extension of up to one (1) additional year upon request of the
applicant. Any modification of the plans prior to or during construction
shall be cause for the issuance of a stop order and the filing of a new
petition for variance if in the opinion of the Building Inspector such
modification adversely affects any aspect of the plans directly involved in
the consideration and approval of the earlier variance petition.
4. A variance shall be effective only to the extent of the exact circumstances
contained in the petition therefore or as approved. Any subsequent
property alteration that would impact the extent of an existing variance,
either through additional horizontal or vertical expansion or through such
other form of change as may be applicable shall require a new petition for
variance. A proposed, fully conforming alteration to a property for which a
past variance was granted shall also require a new petition for variance if
the official records of the Board of Zoning Appeals indicate that the
current proposal adversely affects an aspect of the property that served
as full or partial grounds for the earlier variance.
Source: Ordinance No. 464, 2nd Series
Effective Date: 07-30-11
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Subdivision 5. Interpretation
In interpreting and applying the provisions of this Chapter they shall be held to be
the minimum requirements for the promotion of the public safety, health,
convenience, comfort, prosperity and general welfare. It is not the intention of this
Chapter to interfere with or abrogate or annul any easements between parties;
provided, however, that where this Chapter imposes a greater restriction upon the
use of building or premises or upon height of building or require larger open spaces
than are imposed or required by other City Code provisions, rules, regulations, or
permits, or by easements, covenants or agreements, the provisions of this Chapter
shall govern.
Source: Ordinance No. 583
Effective Date: 12-31-82
Subdivision 6. Fees
All fees provided for under this Chapter, including, but not limited to, rezoning,
variances, special and conditional use permits, planned unit development and
amendments, platting and waiver of platting, easement and alley vacations, shall
be fixed and determined by the Council, adopted by resolution, and uniformly
enforced. Such fees may, from time-to-time, be amended by the Council by
resolution. A copy of the resolution setting forth currently effective fees shall be
kept on file in the office of the City Clerk and open to inspection during regular
hours.
Source: City Code
Effective Date: 6-30-88
Subdivision 7. Comprehensive Plan
A. The Council shall adopt, and may from time to time amend, a comprehensive
municipal plan pursuant to the authority provided by and the provisions of
Minnesota Statutes 473.858 and the related sections of said Minnesota
Statutes 473. Before adopting any such plan or any amendment the Council
shall solicit the recommendations of the Planning Commission with respect
thereto and shall take no action thereon until such recommendation has been
received or until sixty (60) days have elapsed since any such request for a
recommendation and/or a specific proposal relating to said plan was
submitted to the Planning Commission. In considering any such request or
proposal, and before adopting any plan or part thereof or any proposed
amendment thereof or position with respect thereto, the Planning
Commission shall hold at least one (1) public hearing thereon.
Source: Ordinance No. 670
Effective Date: 11-15-85
B. Following receipt of the Planning Commission recommendation, or the elapse
of said sixty (60) day period, the Council shall upon published notice hold a
public hearing with respect to the proposed adoption of the Comprehensive
Plan or any amendment thereto and any action taken at such public hearing
shall become and be part of the Official Comprehensive Plan for the City
provided that a resolution evidencing said action was approved by a two-
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thirds (2/3) vote of all of the members of the Council. All public hearings as
required by this Subdivision shall be held no sooner than ten (10) days after
published notice thereof in the official City newspaper in the same manner as
applies to the adoption of ordinances relating to or amending the Zoning
Chapter. The Comprehensive Plan for the City as adopted pursuant hereto,
and any parts thereof or amendments thereto, shall serve as a guide to the
City and its public officials as respects future development and zoning actions
of and within the City.
Source: Ordinance No. 345, 2nd Series
Effective Date: 05-25-06
C. All eligible applications for Comprehensive Plan Amendments must comply
with the City's Mixed-Income policy.
Source: Ordinance No. 631, 2nd Series
Effective Date: 03-15-18
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