Ch11.§4-12 · City of Nowthen public records

A. Required: A Certificate of Occupancy shall be obtained before: 1\. Any building hereafter erected or structurally altered is occupied or used; 2\. The use of any existing building is altered or changed; 3\. Buildings or structures are moved into the City. #### B. Application and Issuance: 1\. Application for a Certificate of Occupancy for a new building or for an existing building which will be structurally altered shall be made to the Building Official as part of the application for a building permit. 2\. Buildings or structures shall be classified as to occupancy status within ten (10) days following the erection or alteration of such building or part thereof has been completed and the property owner or contractor has requested a final inspection. Buildings and structures may be classified in one of three ways: a. Non-Occupiable: These are buildings or structures or portions thereof with incomplete life/safety and accessibility systems or which are not in compliance with applicable codes and ordinances. A Certificate of Occupancy shall not be issued for non-occupiable structures. The use of any structure for which a building permit is required shall be considered a violation of this Chapter unless a Certificate of Occupancy has been issued. b. Occupiable in Part: These are buildings or structures with complete life/safety and accessibility systems which are in compliance with applicable codes and ordinances, but which may have some unfinished elements required by State Building Code. The Building Official may issue a Temporary Certificate of Occupancy for period not to exceed six (6) months during the completion of such building or structure. The temporary certificate shall not be construed as altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter except under such restrictions and provisions as will adequately ensure the safety of the occupants. C. Occupiable: These are buildings or structures which are issued a Certificate of Occupancy because they are complete and are in compliance with the codes and ordinances for which the occupancy   has been applied. These structures may or may not have a specific tenant but may be issued a Certificate of Occupancy based on the occupancy type indicated at the time of application. C. Content, Record, Fee: Every certificate of occupancy shall state that the building or the change of use of the building complies with all provisions of law and of this Chapter. A record of all certificates of occupancy shall be available for inspection by any person having a proprietary or tenancy interest in the building. There shall be no fee charged for a Certificate of Occupancy. SECTION 3. This Ordinance shall be effective immediately upon its passage and publication. Passed and adopted this 13th day of July 2021 by the City Council of the City of Nowthen. <figure> Jeff Pilon, Mayor </figure> ATTEST: Scott Lehner, City Administrator   # CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # ORDINANCE NO. 2021-03 # INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ALL NEW COMMERICAL AND INDUSTRIAL DEVELOPMENT WITHIN THE C-1 AND I-1 ZONING DISTRICTS IN THE CITY THE CITY COUNCIL FOR THE CITY OF NOWTHEN ORDAINS AS FOLLOWS: ## Section 1. Preamble. The City of Nowthen has adopted official zoning controls through the adoption of its Zoning Ordinance, Chapter 11 of the Nowthen City Code, which regulates structures, including building materials, architectural standards, and visual standards. The City of Nowthen recently reviewed language within its Zoning Ordinance regarding architectural standards for structures within the C-1 Commercial and I-1 Industrial Zoning Districts and has found the standards to be substantially inadequate. While the City has general building type and construction standards, it does not have clear architectural standards for the two business districts identified herein. Because of these important zoning and permitting issues, the City Council desires to conduct further studies for the purpose of consideration of possible revision and amendments to the City of Nowthen's official controls to address issues related to the lack of clear architectural standards in the C-1 Commercial and I-1 Industrial Zoning Districts within the City of Nowthen. The purpose of such revisions and amendments is to create a clearer and more updated regulatory framework. All portions of the C-1, Commercial, and I-1, Industrial, Zoning Districts as shown on attached Exhibit A, are hereby declared to be an "Interim Zoning Study Area" with respect to architectural standards. There is a need to study these and other issues to determine what regulatory controls may need to be adopted to protect the public health, safety, and welfare. The City Planning and Zoning Commission has been directed to study the need for architectural standards in the Interim Zoning Study Area in order to prepare proposed amendments to City Zoning regulations for consideration by the City Council. ## Section 2. Authority and Purpose. This City Council, therefore, pursuant to Minn. Stat. 462.355, subd. 4(a), finds that a moratorium is required to protect the permitting and planning process within the City of Nowthen for new   structures located within the Interim Zoning Study Area. The study period required under the moratorium, including all necessary revisions and amendments to the City's Zoning Ordinance is anticipated to be completed by July 12, 2022. ## Section 3. Temporary Moratorium Established and Scope. In accordance with the finding set forth in Section 1 of this Ordinance and pursuant to the direction of this City Council, there is hereby established a moratorium on new commercial and industrial development in the Interim Study Zoning Area. For a period of one year after the effective date of this Ordinance, or until such earlier time as the City Council determines by resolution that the reasons for the moratorium no longer exist, no zoning permit approval, building permit, license or other approval for the construction of any new commercial or industrial development shall be accepted or allowed by the City or granted for any property located within the Interim Zoning Study Area by the City. This excludes the two recently City Council-approved projects: Name Brand Storage Phases Two/Three and CST/Toft Industrial Bldg. The City Council specifically reserves the right to extend this Ordinance for such additional periods as are necessary to complete the planning study as provided by state law. ## Section 4. Hardship. In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of this interim ordinance may apply to the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. ## Section 5. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. § 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. ## Section 6. Injunctive Relief. In the event of a violation of this Ordinance, the City of Nowthen may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. ## Section 7. Separability. It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: if any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment.   ## Section 8. Effective Date. This Ordinance shall take effect from and after its passage and shall remain in effect until one year after the effective date, unless a shorter period of time is approved by proper resolution of the City Council. ADOPTED by the City Council of the City of Nowthen this 13th day of July 2021. CITY OF NOWTHEN <figure> Jeff Pilon, Mayor </figure> ATTEST: Scott Lehner, City Administrator parfel   # CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA ## ORDINANCE NO. 2021-04 # AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE REGARDING ACCESSORY STRUCTURES WITHIN THE FRONT YARD The City Council for the City of Nowthen hereby ordains: SECTION 1. City Code Section 11-4-2, Accessory Structures, is hereby amended to read as follows:

Ch.11 § 4-12

Amendment history