CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-300
ADMINISTRATION

11-301 Duties of the Director of Community Development. The Director of Community Development shall administer the provisions of this Title and shall have the following duties:  [Revised 6/1/04, Ordinance 1841]

(1) Maintain permanent and current records of this Title including amendments thereto.
(2) Receive, file, and forward all applications required herein.
(3) Review all requests for amendments, subdivisions, lot splits, zoning district changes, and conditional use permits as to planning considerations, compliance with the City’s Future Land Use Plan and Goals and Policies and make recommendation thereon to the appropriate body designated to hear such requests. [Revised 6/1/04, Ordinance 1841]
(4) Review all site plans required by this Title to determine compliance with all requirements.
(5) Forward copies of site plans, as well as such other information as is required to be submitted, such as utility, drainage, and grading plans, to other appropriate departments and agencies for their recommendations and report.

11-302 Duties of the Zoning Administrator. The Zoning Administrator, under the supervision of the Director of Community Development, shall enforce the provisions of this Title and shall have the following duties:

(1) Determine that all building permits comply with the requirements of this Title;
(2) Conduct inspections of buildings and land uses to determine compliance with the terms of this Title;
(3) Order discontinuance of illegal uses of land, buildings, or structures;
(4) Order removal of illegal buildings, structures, additions, or structural alterations;
(5) Receive, file, and forward all applications for variances or administrative appeals to the Board of Adjustment and Appeals;
(6) Order discontinuance of any illegal work being done; or upon finding that any of the provisions of this Title are being violated, notify in writing the person responsible for such violation and order the action necessary to correct such violations; and
(7) Take any other authorized action, including the issuance of citations, to ensure compliance with or to prevent a violation of this Title.

PROCEDURES FOR AMENDMENTS OR ZONING DISTRICT CHANGES

11-303 Application. An amendment or rezoning may be initiated by the City Council, the Planning Commission, Board of Adjustment and Appeals, owner, user, or the potential user of the subject property by making application in writing to the Director of Community Development on such forms as he may from time to time designate. The application shall include, but not be limited to, the following: [Revised 10/17/00, Ordinance 1711]

(1) The signature of each owner of affected property or his agent;
(2) The proposed amendment to the text or a legal description of the property to be zoned;
(3) The common address;
(4) The present use;
(5) Any maps, drawing, and plans that the Director of Community Development considers to be of value in considering the application.

11-304 Application Fee. A non-refundable application fee, to be set by ordinance, shall accompany the application. On proof of financial hardship, the City Manager, or the Manager’s designee, may waive the application fee. [Revised 12/2/03, Ordinance 1827]

11-305 Referral. All requests for amendments or rezonings shall be referred to the Planning Commission, except that all requests for amendments to Chapter 11-2100 shall be referred to the Board of Adjustment and Appeals. Within 60 days after the referral, the Planning Commission or Board of Adjustment and Appeals shall conduct a public hearing and make a recommendation to the City Council on the proposed amendment or rezoning. [Revised 10/17/00, Ordinance 1711]

11-306 Notice of Public Hearing. The appropriate chairman shall cause a notice of the public hearing to be published in the official newspaper of the City at least ten (10) and not more than 20 days before the day of the hearing. The notice shall state the portion of the Title to be amended, or in the case of a rezoning, the notice of public hearing shall include the legal description of its location. The notice shall state the time, place, and purpose of the hearing and that such hearing will be held before the Planning Commission or Board of Adjustment and Appeals. If such hearing involves a rezoning, the Chairman of the Planning Commission shall cause a notice of such hearing to be mailed at least ten (10) and not more than 20 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 such action relates. Failure to give notice or any defects in the notice shall not invalidate the proceedings. [Revised 10/17/00, Ordinance 1711]

11-307 Recommendation to the City Council. Within 30 days after the public hearing, the Planning Commission or Board of Adjustment and Appeals shall make its recommendation in writing to the City Council. Such recommendation shall give consideration to the health, safety, order, convenience, general welfare, effect on present and potential surrounding land uses, and whether or not the proposal is in conformance with the City’s Future Land Use Plan, Goals and Policies, and Development District. [Revised 10/17/00, Ordinance 1711]

11-308 City Council Action. The City Council shall make a final determination on the application within 60 days after receipt of written recommendation from the Planning Commission or Board of Adjustment and Appeals.  Subject to the requirements of Minn. Stat. 462.357, subd. 2, an amendment or zoning district change shall be adopted by ordinance of the City Council by a majority vote of all its members. [Revised 10/17/00, Ordinance 1711] [Revised 1/16/07, Ordinance 1939]

CONDITIONAL USE PERMIT PROCEDURES AND REQUIREMENTS

11-309 Compliance. Before a building or location is devoted to any use classified as a conditional use by this Title, a conditional use permit must be obtained.

11-310 Application. A permit may be initiated by the owner, user, or potential user of the subject property by making application in writing to the Director of Community Development on such forms as he may from time to time designate. The application shall include, but not be limited to, the following:

(1) The signature of each owner of affected property or his agent.
(2) A legal description of the property and its common address.
(3) A description of the proposed conditional uses.
(4) A plan of the proposed site showing the location of all easements, lot lines, buildings, parking lots, vehicular, bicycle and pedestrian circulation, open spaces, landscaping, and refuse and service areas.

11-311 Application Fee. A non-refundable application fee, to be set by ordinance, shall accompany the application. On proof of financial hardship, the City Manager, or the Manager’s designee, may waive the application fee. [Revised 12/2/03, Ordinance 1827]

11-312 Planning Commission Consideration. All requests for conditional use permits shall be referred to the Planning Commission. Within 60 days after the referral, the Planning Commission shall conduct a public hearing to consider the request.

11-313 Notice of Public Hearing. The Planning Commission Chairperson shall cause a notice of the public hearing to be published in the official newspaper of the City at least ten (10) days and not more than 20 days before the day of the hearing. The notice shall include the legal description of the property and the common name designation of its location. The notice shall state the time, place, and purpose of the hearing and that such hearing will be held before the Planning Commission. The Planning Commission Chairperson shall cause a notice of such hearing to be mailed at least ten (10) and not more than 20 days before the day of such hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which such action relates. Failure to give notice or any defects in the notice shall not invalidate the proceedings.

11-314 Planning Commission Action. Within 30 days after the public hearing, the Planning Commission shall either approve, approve subject to conditions, or deny the conditional use permit. If the application is approved or approved subject to conditions, the Director of Community Development, after the appeal period has expired, shall issue a conditional use permit listing the specific conditions specified by the Planning Commission for approval. The decision of the Planning Commission shall be final unless the applicant, Director of Community Development, or any person aggrieved by such action shall appeal such decision to the City Council within ten (10) days.

11-315 Appeal to Council. All decisions of the Planning Commission may be appealed to the City Council in the following manner:

(1) Within 14 days after the Planning Commission has made its decision, the Commission shall notify the applicant of the Planning Commission’s decision and of the applicant’s right to appeal. Within ten (10) days thereafter, the applicant, Director of Community Development, or any person aggrieved by such decision may file with the Director of Community Development a written request that such decision be appealed to the Council.
(2) The Director of Community Development shall refer the matter to the City Council within ten (10) days after receipt of the appeal. The appeal shall be placed on the agenda of the next regular Council meeting. The Director of Community Development shall notify the appellant of the date, time, and place of such meeting. The appellant may appear in person, or with counsel, and present evidence in support of his appeal.
(3) The City Council may affirm, amend, or reject the decision of the Planning Commission.

11-316 Standards for Conditional Uses. Certain uses, while normally not suitable in a zoning district due to nuisance characteristics or incompatibility with permitted uses, are suitable under special circumstances. A use may be permitted as a conditional use in a zoning district if the following findings are made:

(1) The conditional use is in conformity with the City’s Future Land Use Plan; with its Goals and Policies; and with the purpose, intent, and applicable standards of this Title;
(2) The establishment or maintenance of the conditional use shall not be detrimental to the public health, safety, or general welfare;
(3) The conditional use shall be located, designed, maintained, and operated to be compatible with the existing or intended character of that zoning district;
(4) The conditional use shall not depreciate property values;
(5) The conditional use shall not be hazardous, detrimental, or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness, electrical interference, or other nuisances;
(6) The conditional use shall generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to the adjoining properties;
(7) The conditional use shall be served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks;
(8) The conditional use shall not create excessive additional requirements at public cost for public facilities and services; and shall not be detrimental to the economic welfare of the City;
(9) The conditional use shall preserve and incorporate the site's important natural and scenic features into the development design;
(10) The conditional use shall cause minimal adverse environmental effects; and
(11) The City Council may waive one (1) or more of the above requirements upon receipt of an application for a conditional use permit for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between political subdivisions of the state would be best served by such waiver.

11-317 Supplementary Conditions. Repealed.

11-318 Revocation of a Conditional Use Permit. A conditional use permit shall be deemed to authorize only one (1) particular conditional use. Such permit may be revoked by the issuing body after a public hearing if:

(1) The applicant or his agent has not commenced work upon the subject property within one (1) year;
(2) An existing conditional use ceases operation for a period of one (1) year; or
(3) The conditional use is being operated and maintained in a manner contrary to this title, the approved conditional use permit, or its conditions.

11-319 Temporary Use Permits. If the standards of Section 11-316 are met, use permits may be issued for temporary structures or uses. Temporary uses include:

(1) Blacktop or crushing plant for highway construction.

(a) Issued by Planning Commission for term to be determined by the Commission.
(b) Extensions may be granted by Director of Community Development upon a finding of need and no material change of circumstances.

(2) Temporary Structures. Temporary structures are defined as structures, except agricultural buildings, lacking a permanent foundation, and having over 120 square feet of floor area.

Use permits for temporary structures may be issued for the following purposes and under the following circumstances:

(a) Emergency or interim housing facility.

(i) Issued by Director of Community Development.
(ii) Prior permanent dwelling rendered uninhabitable due to fire, flood, storm or similar disaster, or has been or will be removed for the purpose of constructing a new dwelling.
(iii) Permit limited to maximum of one year duration.

(b) Portable Classrooms.

(i) Issued by the Planning Commission following site plan review.
(ii) Accessory to public educational use.
(iii) Used to provide public educational services.
(iv) Necessary to meet program needs and mandates.
(v) Subject to applicable zoning district standards as if proposed structure was to be placed on permanent foundation.
(vi) Term of initial permit established by Planning Commission. Thereafter extensions of up to two years each may be granted by the Director of Community Development upon a finding of no material changes in the need, use or site development of the facility.

(c) Interim facility for commercial, industrial or institutional uses or for the sale of multifamily and attached single family residential units. [Revised 9/20/05, Ordinance 1904]

(i) Issued by Planning Commission following site plan review.
(ii) Construction of permanent facilities has been approved by the City.
(iii) Interim structure and parking areas shall be subject to all applicable setback requirements.
(iv) Parking areas shall be paved although curbs are not required.
(v) Ground cover and temporary landscaping shall be provided in a manner approved by the Planning Commission.
(vi) Duration of the permit shall not exceed one year. One extension of up to one additional year may be granted if the permanent structure is under active construction.

(d) Temporary staffing or expansion facilities for office, industrial or institutional uses.

(i) Issued by Planning Commission following site plan review.
(ii) Temporary structure shall conform to all applicable setback requirements.
(iii) Parking areas shall be paved although curbing is not required.
(iv) Ground cover shall be provided as required by Planning Commission.
(v) Temporary landscaping shall be provided in a manner approved by the Planning Commission if the structure is visible from a public street or occupied residential property.
(vi) Duration of the permit shall not exceed one year. In the case of an expansion facility, one extension of up to one year may be granted if the permanent structure is under active construction.

(e) Temporary structures providing support for public recreational activities, including, but not limited to, warming houses for skating rinks, shall be permitted without a permit provided that the use is seasonal and the structures are removed from the sites when not being used in conjunction with their related activities. [Revised 11/6/96, Ordinance1581]
(f) Temporary hiring offices for commercial, industrial or institutional uses.

(i) Issued by Director of Community Development.
(ii) A permanent facility is under active construction.
(iii) The temporary structure is in good repair as determined by the Director of Community Development.
(iv) The temporary structure complies with parking area setback requirements.
(v) A paved parking area is provided for the temporary structure provided, however, curbing is not required.
(vi) The permit is valid for no more than six months from the date of issuance provided, however, that the Director of Community Development may grant one extension of up to six months for large projects or where the Director finds that unforseen circumstances have delayed the completion of the facility.
(vii) The temporary structure and any temporary parking areas are removed within ten (10) business days following the issuance of a Certificate of Occupancy for the permanent facility. [Revised 12/4/01, Ordinance 1742]

SITE PLAN APPROVAL PROCEDURE AND REQUIREMENTS

11-320 Compliance. A site plan must be approved before a building permit is issued for a new structure, a major addition to an existing structure, or the addition of a drive-through facility or motor vehicle fuel sales in the MDR, HDR, MH, O, NC, CC, GC, or I districts. A site plan must also be approved in these districts when a nonconforming use is changed to a conforming use. The purpose of such approval is to assure conformance to City plans and the City Code, and to provide the most appropriate and compatible site plan for that area. [Revised 10/7/03, Ordinance 1816]

11-321 Application. Approval of a site plan may be initiated by the owner, user, or potential user of the subject property by making application in writing to the Director of Community Development on such forms as he may from time to time designate. The Director may request the applicant to furnish a scaled drawing of any of the following items which the Director of Community Development considers necessary for the proper consideration of the application:

(1) Lot or parcel;
(2) Existing grades and buildings within 100 feet of the site;
(3) Finished grades and proposed drainage;
(4) Proposed buildings and their entrances and exits;
(5) Interior circulation, including: bike and automobile parking spaces, loading spaces, driveways, stacking spaces, walks, curbing, and lighting;
(6) Recreation areas;
(7) Proposed landscaping specifications and locations;
(8) Existing trees of six (6) inches in diameter or more; and
(9) Proposed screening.

11-322 Application Fee. A non-refundable application fee, to be set by ordinance, shall accompany the application. On proof of financial hardship, the City Manager, or the Manager’s designee, may waive the application fee. [Revised 12/2/03, Ordinance 1827]

11-323 Planning Commission Action. All requests for site plan approval shall be referred to the Planning Commission for a decision. Within 60 days after referral, the Planning Commission shall either approve, approve with conditions, or deny the request. If the application is approved or approved subject to conditions, the Director of Community Development, after the appeal period has expired, shall approve the site plan listing the specific conditions. The decision of the Planning Commission shall be final unless the applicant, Director of Community Development or any person aggrieved by such action shall appeal such decision to the City Council within ten (10) days.

11-324 Appeal to Council. All decisions of the Planning Commission may be appealed to the City Council in the following manner:

(1) Within 14 days after the Planning Commission has made its decision, the Director of Community Development shall notify the applicant of the Planning Commission’s decision and of the applicant's right to appeal. Within ten (10) days thereafter, the applicant, Director of Community Development, or any person aggrieved by such decision may file with the Director of Community Development a written request that such decision be appealed to the Council.
(2) The Director of Community Development shall refer the matter to the City Council within ten (10) days of such appeal. The appeal shall be placed on the agenda of the next regular Council meeting. The Director of Community Development shall notify the appellant of the date, time, and place of such meeting. The appellant may appear in person, or with counsel, and present evidence in support of his appeal.
(3) The City Council may affirm, amend, or reject the decision of the Planning Commission.

11-325 Conditions for Approval. The following findings shall be made before a site plan may be approved. The site plan shall:

(1) Be compatible with the surrounding land uses;
(2) Preserve existing natural features whenever possible;
(3) Achieve a safe and efficient circulation system;
(4) Not place excessive traffic loads on local streets;
(5) Conform to the City’s plans for parks, streets, service drives, and walkways;
(6) Conform to the City’s Goals and Policies;
(7) Achieve a maximum of safety, convenience, and amenities;
(8) Show sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development;
(9) Not create detrimental disturbances to surrounding properties;
(10) Shall meet all the requirements of this Title, unless a variance has been granted from such requirements; and
(11) Show efforts to conserve energy whenever practical.

11-326 Termination of Final Approval. Approval of a site plan shall be for one (1) year to allow for the initiation of construction. If construction is not started within one (1) year, or within any extensions granted as hereafter provided, the developer may file a written request with the Planning Commission for an extension. The Planning Commission may extend site plan approval for periods of not more than 12 months each upon a finding that:

(1) The proposed use, or uses, is consistent with the City’s Comprehensive Land Use Plan current at the time the request for an extension is considered; and,
(2) The project design meets the applicable City Code standards in effect at the time the request for an extension is considered, or the design is modified to satisfy those standards.

11-327 Security Agreement.

(1) Prior to the issuance of a building permit, the owner shall file a performance bond, irrevocable letter of credit, or place in cash escrow an amount equal to one and one-half (1-1/2) times the estimate of the Director of Community Development of the cost of the installation of all paving, curb and gutter, free-standing dumpster enclosures, free-standing lighting, landscaping, sidewalks, grading, screening and other non-building improvements required of the owner. The security agreement for two or more buildings may be combined if use of the security agreement to install improvements for one building does not void the security agreement for the other building(s). The owner shall also execute an agreement authorizing the City to enter upon the owner's property to construct the improvements in the event the owner fails to properly construct the required improvements within the established time limit.

Upon completion of the various work items, the owner shall apply to the Director of Community Development for final inspection. If the Director of Community Development finds that all installations meet the requirements of the approved plans and specifications, the security agreement shall be released. However, the security agreement for landscaping shall be held for one (1) year after completion of the work, in order to ensure that such landscaping will survive. If the improvements are not completed within the established time limit, the City may proceed to complete such installation by contract or force account and seek reimbursement of its cost from the security agreement.

(2) As an alternative to Paragraph (1) above, the owner of a commercial, industrial, institutional, or rental residential project may deposit $1,000 with the City. The owner shall also execute an agreement authorizing the City to enter upon the owner’s property to construct the improvements in the event the owner fails to properly construct the required improvements within the established time limit. The agreement shall waive all requirements for an assessment project including a public hearing and shall provide for the assessment of the total costs of the project together with administrative costs of 15% against the property. The assessment shall be payable in one installment.

The agreement shall also specify that, during the pendency of the construction, the City will establish a proposed assessment in an amount equal to 150% of the estimated costs of the improvements to be installed as determined by the Director of Community Development, and that the owner waives all rights to further notice or a hearing prior to the establishment of the above proposed special assessment. The City Assessor is hereby authorized, upon notice for the Director of Community Development, to establish the above proposed assessment without further authorization.

Upon completion of the various work items, the owner shall apply to the Director of Community Development for final inspection. If the Director of Community Development finds that all installations meet the requirements of the approved plans and specifications, the security agreement shall be released. However, a security agreement for landscaping shall be held for one (1) year after completion of the work, in order to ensure that such landscaping will survive.

(3) Required landscaping, vegetative screening, and irrigation shall be installed by the following October 15 for buildings completed or occupied between May 15 and September 15 and by the following June 15 for buildings completed or occupied between September 16 and May 14.

For buildings completed between June 15 and October 15 all other required non-building improvements shall be installed prior to occupancy of the building. For buildings completed or occupied between October 16 and June 14 the Director of Community Development may approve deferral the installation of these improvements until the following June 15 if weather conditions preclude their installation when the building is completed or occupied.

11-328 Maintenance of Improvements.

(1) The owner or occupant of the premises shall maintain the building and site in good condition, free from refuse and debris. All improvements shall be repaired, replaced, or repainted as necessary. All diseased or dead plant materials shall be promptly replaced with the same or equivalent materials.

VARIANCE PROCEDURE AND REQUIREMENTS

11-329 Application. A variance may be initiated by the owner, user, or potential user of the subject property by making application in writing to the Zoning Administrator on such forms as he may from time to time designate. The application shall contain, but not be limited to, the following:

(1) The signature of each owner of affected property or his agent;
(2) The legal description of the property and the common address;
(3) A description of the variance request and a statement demonstrating that the variance would conform to the requirements necessary for approval;
(4) The present use; and
(5) Any maps, drawings, and plans that the Zoning Administrator considers to be of value in considering the application.

11-330 Application Fee. A non-refundable application fee, to be set by ordinance, shall accompany the application. On proof of financial hardship, the City Manager, or the Manager’s designee, may waive the application fee. [Revised 12/2/03, Ordinance 1827]

11-331 Board of Adjustment and Appeals Consideration. All requests for variances shall be referred to the Board of Adjustment and Appeals. Within 60 days after the application for a variance is filed, the Board of Adjustment and Appeals shall conduct a public hearing on the variance request. [Revised 10/17/00, Ordinance 1711]

11-332 Notice of Public Hearing. The Board of Adjustment and Appeals Chair shall cause a notice of the public hearing to be mailed, at least ten (10) and not more than 20 days before the day of such hearing, to each owner of affected property and property situated wholly or partly within 350 feet of the property to which such action relates. The notice shall include the legal description of the property and the common name designation of its location. The notice shall state the time, place, and purpose of the hearing and that such hearing will be held before the Board of Adjustment and Appeals. Failure to give notice or any defects in the notice shall not invalidate the proceedings. [Revised 10/17/00, Ordinance 1711]

11-333 Board of Adjustment and Appeals Action. The Board of Adjustment and Appeals may not permit as a variance any use that is not permitted in the zone where the affected person's land is located. Within 30 days after the public hearing, the Board of Adjustment and Appeals shall either approve, approve with conditions, or deny the request. A majority of two-thirds (2/3) of those members voting on the motion shall be necessary to grant a variance. [Revised 10/17/00, Ordinance 1711]

11-334 Appeal to Council. All decisions of the Board of Adjustment and Appeals shall be subject to appeal to the City Council in the following manner:

(1) Within 14 days after the Board of Adjustment and Appeals has made its decision, the Zoning Administrator shall notify the applicant of its decision and of the applicant’s right to appeal. Within ten (10) days thereafter, the applicant, Zoning Administrator, or any person aggrieved by such decision may file with the Zoning Administrator a written request that such decision be appealed to the Council. [Revised 10/17/00, Ordinance 1711]
(2) The Zoning Administrator shall refer the matter to the City Council within ten (10) days of such appeal. The appeal shall be placed on the agenda of the next regular Council meeting. The Zoning Administrator shall notify the appellant of the date, time, and place of such meeting. The appellant may appear in person, or with counsel, and present evidence in support of the appeal.
(3) The City Council shall have the authority to affirm, amend, or reject the decision of the Board of Adjustment and Appeals. An amendment or rejection of the Board’s decision shall be adopted by an affirmative vote of at least two-thirds (2/3) of all members of the Council. [Revised 10/17/00, Ordinance 1711]

11-335 Conditions for Approval. A variance may be granted after the following findings are made:

(1) Strict enforcement of the zoning ordinance would cause undue hardship because of circumstances, not created by the landowner, that are unique to the individual property under consideration. Inadequate access to direct sunlight for solar energy systems is an example of undue hardship. Economic consideration alone shall not constitute undue hardship; [Revised 9/19/00, Ordinance 1710]
(2) The variance allows the minimum improvement that would make possible the reasonable use of the property; [Revised 9/19/00, Ordinance 1710]
(3) The variance would not be detrimental to the neighborhood or the public welfare; and [Revised 9/19/00, Ordinance 1710]
(4) The variance would not grant a special privilege not common to other property in the same zoning district. [Revised 9/19/00, Ordinance 1710]

ADMINISTRATIVE APPEAL PROCEDURE AND REQUIREMENTS

11-336 Administrative Appeals. Appeals to the Board of Adjustment and Appeals concerning interpretation or administration of this Title may be taken by any person aggrieved by any decision of any City staff personnel. Such appeal shall be taken within 20 days after the decision by filing a notice of such appeal on forms provided by the Zoning Administrator. Such notice of appeal shall contain at least the names and signatures of all parties aggrieved and the grounds upon which the appeal is being taken. The affected City staff member shall transmit to the Board of Adjustment and Appeals all appropriate records. [Revised 10/17/00, Ordinance 1711]

11-337 Board of Adjustment and Appeals Action. Upon receipt of a notice of appeal, the Board of Adjustment and Appeals shall hear and decide such appeal within 60 days. To overrule the City staff personnel, the required vote shall be an affirmative vote of at least two-thirds (2/3) of all members of the Board. [Revised 10/17/00, Ordinance 1711]

11-338 Appeal to Council. All decisions of the Board of Adjustment and Appeals shall be subject to appeal to the City Council, pursuant to Section 11-334.[Revised 10/17/00, Ordinance 1711]

ENFORCEMENT

11-339 Compliance with the Zoning Ordinance. No structure or land use shall be erected, moved, structurally altered, established, or changed in use without complying with this Title. This Title shall apply to all lots, parcels, structures, and land uses within the City.

11-340 Construction and Use to be as Provided in Site Plans. Site plans submitted and approved as part of a site plan review, planned unit development, conditional use permit, rezoning, or variance shall authorize only the use, arrangement, and construction set forth in such approved plans.

11-341 Complaints Regarding Violations. Whenever a violation of this Title is alleged to have occurred, any person may file a written complaint with the Zoning Administrator. Such complaint shall fully state the basis for such complaint. The Zoning Administrator shall properly record such complaint, investigate, and take action thereon as provided by this Title.

11-342 Interpretation or Conflict with Other Laws. The provisions of this Ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety, or the general welfare. Whenever the requirements of this Title conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, easements, covenants, or private agreements, the most restrictive shall govern.

11-343 Application of Provisions. If any court of competent jurisdiction shall invalidate the application of any provision of this Title to a particular subdivision, structure, or use of land, such judgment shall not affect the application of said provision to any other subdivision, structure, or use of land not specifically included in said judgment.

11-344 Inspection. The Zoning Administrator, or designee, is hereby authorized and directed to enter upon private property at any reasonable time for the purpose of inspecting that property for compliance with this title or any conditions attached to any variance or permit granted under this title. [Revised 1/07/92, Ordinance 1397]

11-345 Interference Prohibited. Any person who prevents, delays or interferes with the Zoning Administrator, or designee, in the performance of any duty set forth in this chapter shall be guilty of a misdemeanor. [Revised 1/07/92, Ordinance 1397]

11-346 Timing of Appeal. Appeals under this chapter to the Board of Adjustment and Appeals from a staff decision or to the City Council from a decision of the Board of Adjustment and Appeals or the Planning Commission which are not received at the Coon Rapids City Hall within the specified time period are not valid and will not be heard. [Revised 10/17/00, Ordinance 1711]

For purposes of this section, notices of appeal must be received by the closing of City offices on the last day of the appeal period. The appeal period shall be computed by excluding the day notice is given. If the last day of an appeal period falls on a Saturday, Sunday or legal holiday, the appeal period shall be extended through the next regular business day. Appeal periods for notices served by mail shall be extended by three calendar days. [Revised 1/07/92, Ordinance 1397]