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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 Golden Valley City Code Page 1 of 7 § 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 Golden Valley City Code Page 2 of 7 § 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 Golden Valley City Code Page 3 of 7 § 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. Golden Valley City Code Page 4 of 7 § 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 Golden Valley City Code Page 5 of 7 § 11.90 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- Golden Valley City Code Page 6 of 7 § 11.90 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 Golden Valley City Code Page 7 of 7