1070.080: - FEES — Corcoran Zoning Code

Subd. 1. Administrative fees shall be charged to the applicant based on the fee schedule adopted by City Council resolution.

Subd. 2. In addition to the application fees set by the City Council, the applicant shall provide an escrow and agree to pay the total cost of staff and consultant time spent exclusively in reviewing and researching the application and presenting requests to the Planning Commission and City Council.

Subd. 3. Fees shall be payable at the time applications are filed with the City and are not refundable unless the application is withdrawn prior to Planning Commission review.

Subd. 4. Any escrow not spent on application review shall be refunded to the applicant after the review and administrative process is completed.

Subd. 5. The applicant is responsible for all costs associated with the proposed application. If the required escrow accounts are delinquent, the City may approve a special assessment against the property, pursuant to the process outlined in Minnesota Statutes §429.061.

1070.090: - APPEALS

Subd. 1. Board Designation. The City Council shall serve as the Board of Adjustments and Appeals.

Subd. 2. Applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.

Subd. 3. Filing. An appeal from the ruling of an administrative officer of the City shall be filed by the property owner or their agent with the Zoning Administrator within 30 days after the making of the order being appealed.

Subd. 4. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the City.

Subd. 5. Procedure. The procedure for making such an appeal shall be as follows:

A. The property owner or their agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee set forth in the City Code.
B. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals.
C. The Board of Adjustment and Appeals shall make its decision by resolution.
D. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail.

Subd. 6. Appeals from the Board of Adjustment and Appeals. Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced.

(Ord. 266, passed 12-19-11, Ord. 378, passed 09-13-18, Ord. 532, passed 08-22-2024)

SECTION 1080: - ENFORCEMENT PROVISIONS

Subd. 1. Process. This Chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Administrator. The Zoning Administrator may institute in the name of the City of Corcoran any appropriate actions or proceedings against a violator as provided by statute, charter, or ordinance. The Zoning Administrator's duties shall include, but not be limited to, the following:

A. Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Chapter.
B. Notify, in writing, any person responsible for violating a provision of this Chapter, indicating the nature of the violation and ordering the action necessary to correct it.
C. Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Chapter to insure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints.
D. Maintain permanent and current records of the Zoning Ordinance, including all maps, amendments, conditional uses and variances.
E. Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such time as necessary to insure a continuous compliance with the provisions of this Chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.
F. Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustments and Appeals.
G. Receive, file and forward as applicable to the Board of Adjustment, Planning Commission, or City Council all applications for conditional use permits, variances, amendments or development plans as required herein.
H. Maintain the Development Rights Map.

Subd. 2. Violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure or land is used in violation of this Chapter, the Zoning Administrator, in addition to other remedies, may institute any proper criminal action or proceedings in the name of the City of Corcoran. Therefore, the Zoning Administrator shall hereby have the powers of a police officer to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain or correct such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises.

Subd. 3. Penalties. Any person who violates a provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished as allowed by State Statute and as identified in Section 10.19 (B) of the City Code. Each act of violation and every day on which a violation occurs or continues is a separate violation.

Subd. 4. Recover Costs Charged to the City.

A. Purpose. In instances in which watershed management commissions, other water authorities, and other regulatory agencies seek recovery of costs from the City of Corcoran, the City of Corcoran desires to recover any such costs which are charged to the City from the responsible property owner or the property owner's designated responsible agent or representative via a special assessment against the property in question.
B. Special Assessment of Costs Charged to the City Which Are Attributed to Non-Payment on the Part of a Property Owner. The City of Corcoran shall maintain the right to recover from the responsible property owner or that owner's designated responsible agent or representative those costs charged to the City by watershed management commissions, other water authorities, and other regulatory agencies. To recover these costs, the City may approve a special assessment against the property, pursuant to the process outlined in Minnesota Statute §429.061.
(Ord. 301, passed 04-23-15)