A.   Administrative Review: All new construction will require a building permit subject to the terms of section 10-1-3 of this title.

   B.   Fees:

      1.   Established By City Council: The fees for a building permit, rezoning, variance, amendment, or conditional use permit shall be established by the city council. The city council may review and revise the fee schedule periodically.

      2.   Payment Required:

         a.   Building Permit: The building official shall issue the building permit only after the fee has been paid and a determination has been made that the building plans, together with the application, comply with the terms of this title.

         b.   Petition Application: Any person filing a petition for an amendment to this title, building permit, rezoning, variance, amendment, or conditional use permit within any use district shall pay the prescribed fees according to the schedule established by the city council before any work proposed may commence. The fee is payable at the time of filing a petition and is not refundable.

      3.   Exemption: Municipal corporations and governmental agencies shall be exempt from the fee requirements as prescribed by this title.

   C.   Violation; Penalty:

      1.   Misdemeanor: Violation of this title shall be a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed seven hundred dollars ($700.00) and/or imprisonment for a period not to exceed ninety (90) days for each offense. Each day that the violation is permitted to exist shall constitute a separate offense.

      2.   Additional Remedies: In the event of a violation or a threatened violation of this title, the council, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violations and it is the duty of the attorney to institute such action.

      3.   Mandamus Proceedings: Any taxpayer may institute mandamus proceedings in district court to compel specific performance by the proper official of any duty required by this title. (Ord. 2014-24, 10-21-2014)

   A.   Power To Amend: The city council may adopt amendments to this comprehensive plan. Comprehensive plan amendments shall only be used as a means to reflect changes in conditions and/or the goals and policies of the city.

   B.   Comprehensive Plan Amendments: An application for a comprehensive plan amendment shall be approved or denied pursuant to Minnesota statutes chapter 462.357.

      1.   Filing: A comprehensive plan amendment application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed amendment. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

      2.   Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the comprehensive plan amendment application to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the long range planning commission and city council.

      3.   Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming long range planning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch", at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within five hundred feet (500') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.

      4.   Planning Commission Consideration: The planning commission shall consider the application, as follows:

         d.   The city should consider the following issues when reviewing a comprehensive plan amendment request:

            (1)   The extent to which the location criteria of applicable existing or proposed land use plan classifications are satisfied.

            (2)   Evidence submitted by the applicant demonstrating the reason(s) that the plan should be changed, including, but not limited to, whether new information has become available since the comprehensive plan was adopted that supports reexamination of the plan, or that existing or proposed development offers new opportunities or constraints that were not previously considered by the plan.

            (3)   Whether or not the change is needed to allow reasonable development of the site.

            (4)   The relationship of the proposed amendment to the supply and demand for particular land uses within the city and the immediate vicinity of the site.

            (5)   A demonstration by the applicant that the proposed amendment has merit beyond the interests of the proponent.

            (6)   The possible impacts of the amendment on all specific elements of the comprehensive plan as may be applicable.

            (7)   Consideration of the impact of the proposed amendment upon current and future special assessments and utility area charges, future property tax assessments or other fiscal impacts upon the city.

      5.   City Council Consideration: The city council shall consider a comprehensive plan application, as follows:

         a.   Upon receiving the reports and recommendations of the long range planning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.

         b.   The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the application is deemed approval of such application, unless the applicant agrees to an extension.

         c.   Approval of a comprehensive plan amendment by the city council shall require passage by a four-fifths (4/5) vote of all its members. The council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the city.

      6.   Effect Of Denial: If a comprehensive plan application is denied by the city council, the planning commission or city council shall not consider a similar application for the same amendment for at least six (6) months from the date of its denial. (Ord. 2014-24, 10-21-2014; amd. Ord. 2024-012, 7-16-2024)

   A.   Text Amendment And Rezoning Procedure: An application for a text amendment or rezoning shall be approved or denied pursuant to Minnesota statutes chapter 462.357.

      1.   Initiation Of Proceedings: Proceedings for amending this title shall be initiated by one of the following methods:

         a.   By petition of an owner of property to rezone their property.

         b.   By recommendation of the planning and zoning commission.

         c.   By action of the city council.

      2.   Filing: A text amendment and rezoning application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed amendment. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

      3.   Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the text amendment and rezoning application to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the planning and zoning commission and city council.

      4.   Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming planning and zoning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch", at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within five hundred feet (500') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.

      5.   Planning And Zoning Commission Consideration: The planning and zoning commission shall consider the application, as follows:

         a.   Review: The planning and zoning commission shall review the request and conduct the official public hearing. At the public hearing, all persons interested in the proposed amendment shall be heard.

         b.   Information Presented: The applicant or representatives thereof may appear before the planning and zoning commission to present information and answer questions concerning the proposal.

         c.   Additional Information: The planning and zoning commission and staff shall have the authority to request additional information from the applicant concerning the proposal, as deemed necessary to formulate a recommendation on the proposal.

         d.   Evaluation Criteria: The planning and zoning commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:

            (1)   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the city comprehensive plan.

            (2)   The proposed action meets the purpose and intent of this title or, in the case of a map amendment, it meets the purpose and intent of the individual district.

            (3)   There is adequate infrastructure available to serve the proposed action.

            (4)   There is an adequate buffer or transition provided between potentially incompatible districts.

      6.   City Council Consideration: The city council shall consider a text amendment and rezoning application, as follows:

         a.   Upon receiving the reports and recommendations of the planning and zoning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.

         b.   The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the application is deemed approval of such application, unless the applicant agrees to an extension.

         c.   Approval of a rezoning by the city council shall require passage by a majority vote of all its members.

      7.   Effect Of Denial: If a text amendment or rezoning application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for at least six (6) months from the date of its denial. (Ord. 2014-24, 10-21-2014)

   A.   Power To Issue: Conditional use permits may be issued for uses indicated within this title where such permits are required or permitted by the provisions of this title.

   B.   Conditional Use Permit Procedure: An application for a conditional use permit shall be approved or denied pursuant to Minnesota statutes chapter 462.357.

      1.   Filing: A conditional use permit application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed project. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

      2.   Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the conditional use permit application to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the planning and zoning commission and city council.

      3.   Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming planning and zoning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch", at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within five hundred feet (500') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.

      4.   Planning And Zoning Commission Consideration: The planning and zoning commission shall consider the application, as follows:

         a.   The planning and zoning commission shall review the request and conduct the official public hearing. At the public hearing, all persons interested in the proposed project shall be heard.

         b.   The applicant or representatives thereof may appear before the planning and zoning commission to present information and answer questions concerning the proposal.

         c.   The planning and zoning commission and staff shall have the authority to request additional information from the applicant concerning the proposal, as deemed necessary to formulate a recommendation on the proposal.

         d.   The planning and zoning commission shall recommend approval of the application if it in all ways conforms to the city's comprehensive plan, zoning ordinance, this chapter and all chapters of this code. The commission shall also consider the following in making findings and recommendation to the city council:

            (1)   Excessive Burden: The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

            (2)   Compatibility: The use shall be compatible with adjacent land uses so that existing uses will not be depreciated in value and there will be no deterrence to development of vacant land.

            (3)   Appearance: The use shall have an appearance that will not have an adverse effect upon adjacent properties.

            (4)   Overall Needs: The use, in the opinion of the planning and zoning commission shall be reasonably related to the overall needs of the city and to the existing land use.

            (5)   Consistent With Purpose: The use shall be consistent with the purposes of this title and purposes of the zoning district in which the applicant intends to locate the proposed use.

            (6)   Comprehensive Plan: The use shall not be in conflict with the comprehensive plan of the city.

            (7)   Traffic: The use will not cause traffic hazard or congestion.

            (8)   Facilities: The use shall have adequate utilities, access roads, drainage and necessary facilities.

      5.   City Council Consideration: The city council shall consider a conditional use permit application, as follows:

         a.   Upon receiving the reports and recommendations of the planning and zoning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.

         b.   The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the application is deemed approval of such application, unless the applicant agrees to an extension.

         c.   Approval of a conditional use permit by the city council shall require passage by a majority vote of all its members. The council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the city.

      6.   Effect Of Denial: If a conditional use permit application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for at least six (6) months from the date of its denial.

      7.   Expiration Of Conditional Use Approval: Unless the city council specifically approves a different time period, the approval of a conditional use permit shall expire one year from the date it was approved, unless the applicant has commenced the authorized use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: a) an explanation for why the authorized use has not commenced, b) what, if any, good faith efforts have been made to commence the authorized use, c) the anticipated commencement date for the authorized use, and d) the signature of the applicant and property owner. The planning and zoning administrator may approve up to two (2) such extensions of not more than one additional year per extension. Prior to granting any extensions, the approval shall be reviewed to ensure compliance with any recent code or comprehensive plan updates.

      8.   Revocation Of A Conditional Use Permit:

         a.   Justification: The planning and zoning commission may recommend, and the city council may direct, the revocation of any conditional use permit. A conditional use permit will be revoked upon determination that the authorized conditional use is not in conformance with:

            (1)   The conditions of the permit.

            (2)   The intent of this title.

            (3)   City codes.

            (4)   Other applicable regulations.

         b.   Process: The city council or planning and zoning commission shall initiate an application and the planning and zoning administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to this subsection B. The planning and zoning administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the planning and zoning commission and city council.

   C.   Performance Agreement: If the scope of development, or potential hazard of the use proposed in the conditional use permit application warrants, the city council may require surety to be posted with the city as a condition for permit issuance. The type of surety and terms for performance and release shall be outlined in an agreement between the permit applicant and city. This agreement shall be approved by the city council.

   D.   Information Requirement: The information required for all conditional use applications generally consists of the following items, and shall be submitted unless otherwise specified by the planning and zoning administrator:

      1.   Development Plan: A general development plan for the property indicating topography, location of existing and proposed buildings/structures, proposed streets and driveways, landscaping and drainage.

         a.   Name and address of developer/owner.

         b.   Name and address of architect/designer.

         c.   Date of plan preparation.

         d.   Dates and description of all revisions.

         e.   Name of project or development.

         f.   Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).

         g.   North point indication.

         h.   Certified survey by a registered land surveyor.

         i.   Lot dimension and area.

         j.   Required and proposed setbacks.

         k.   Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

         l.   Contours, streets, utilities, and structures located within one hundred feet (100') of the exterior boundaries of the property in question.

         m.   Location, number, and dimensions of existing and proposed parking spaces.

         n.   Location, number, and dimensions of existing and proposed loading spaces.

         o.   Curb cuts, driveways.

         p.   Vehicular circulation.

         q.   Sidewalks, walkways.

         r.   Lighting plan in conformance with section 10-5-4 of this title.

         s.   Location of recreational and service areas.

         t.   Location of rooftop equipment and proposed screening.

         u.   Provisions for storage and disposal of waste, garbage, and recyclables.

         v.   Location, sizing, and type of water and sewer system mains and proposed service connections.

      2.   Grading/Stormwater Drainage Plan:

         a.   Name and address of developer/owner.

         b.   Name and address of architect/designer.

         c.   Date of plan preparation.

         d.   Dates and description of all revisions.

         e.   Name of project or development.

         f.   Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).

         g.   North point indication.

         h.   Existing contours at two foot (2') intervals.

         i.   Proposed grade elevations, two foot (2') maximum intervals.

         j.   Drainage plan including configuration of drainage areas and calculations.

         k.   Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

         l.   Spot elevations.

         m.   Proposed driveway grades.

         n.   Surface water ponding and treatment areas.

         o.   Erosion control measures.

      3.   Landscape Plan:

         a.   Planting schedule (table) containing:

            (1)   Symbols.

            (2)   Quantities.

            (3)   Common names.

            (4)   Botanical names.

            (5)   Sizes of plant material.

            (6)   Root specification (bare root, balled and burlapped, potted, etc.).

            (7)   Special planting instructions.

         b.   Planting detail (showing all species to scale at normal mature crown diameter or spread for local hardiness zone).

         c.   Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

         d.   Typical sections of landscape islands and planter beds with identification of materials used.

         e.   Details of planting beds and foundation plantings.

         f.   Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

         g.   Delineation of both sodded and seeded areas with respective areas in square feet.

         h.   Coverage plan for underground irrigation system, if any.

         i.   Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

         j.   Other existing or proposed conditions which could be expected to affect landscaping.

      4.   Architectural Plans: Architectural plans for buildings indicating elevations, entrances, heights, floor plan and materials to be used on the exterior.

         a.   Legal description of property under consideration.

         b.   Proof of ownership of the land for which a site plan approval has been requested.

         c.   Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

         d.   "Typical" floor plan and "typical" room plan.

         e.   Fire protection plan.

         f.   Type, location and size (area and height) of all signs to be erected upon the property in question.

         g.   Sound source control plan.

   E.   Minor Plan Amendment: Plan amendments may be approved by the planning and zoning administrator, provided that the changes do not involve the following:

      1.   Increase or alteration in floor area of structures or number of dwelling units of more than ten percent (10%).

      2.   Changes involving ten percent (10%) or more of the site area.

      3.   Alteration of any condition attached to, or modification to, the final development plan made by the city council.

   F.   Major Amendment: Any amendment not eligible for a minor amendment shall be considered a major amendment. The same review procedure shall be followed for a major amendment of a CUP as required in section 10-4-7 of the City Code. (Ord. 2014-24, 10-21-2014; amd. Ord. 2023-013, 9-19-2023)

   A.   Purpose And Intent: An interim use permit is intended to serve those uses that are specific to a particular property or that may only be reasonable for a limited duration due to the type of activity or the changing character of the neighborhood.

   B.   Power To Issue: The city council, after a recommendation from the planning and zoning commission, may grant an interim use permit if the use conforms to all applicable zoning ordinances, the date or event that will terminate the use can be identified with certainty and the applicant agrees in writing to any conditions that the city deems appropriate regarding the use and its termination.

   C.   Procedures And Information Requirements: Interim use permits shall be processed according to the standards and procedures for a conditional use permit as established by section 10-7-4 of this chapter.

   D.   Evaluation Criteria: An interim use shall comply with the following:

      1.   Meet the standards of a conditional use permit set forth in section 10-7-4 of this chapter.

      2.   The use is allowed as an interim use in the respective zoning district.

      3.   The date or event that will terminate the use can be identified with certainty.

      4.   The use will not impose additional unreasonable costs on the public.

      5.   The user agrees to any conditions that the city council deems appropriate for permission of the use.

   E.   Termination: An interim use will be terminated by:

      1.   The date stated in the permit.

      2.   Upon violation of the conditions under which the permit was issued.

      3.   Upon change in the city's zoning regulations which renders the use nonconforming.

      4.   The redevelopment of the use and property upon which it is located, to a permitted or conditional use as allowed within the respective zoning district. (Ord. 2014-24, 10-21-2014)

   A.   Purpose: The purpose of this section is to provide for deviations from the requirements of this title, including restrictions placed on nonconformities.

   B.   Variance Procedure: An application for a variance shall be approved or denied pursuant to Minnesota statutes chapter 462.357.

      1.   Filing: A variance application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed project. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

      2.   Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the variance application to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the planning and zoning commission and city council.

      3.   Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming planning and zoning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch", at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within five hundred feet (500') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.

      4.   Planning And Zoning Commission Consideration: The planning and zoning commission shall consider the application, as follows:

         a.   The planning and zoning commission shall review the request and conduct the official public hearing. At the public hearing, all persons interested in the proposed project shall be heard.

         b.   The applicant or representatives thereof may appear before the planning and zoning commission to present information and answer questions concerning the proposal.

         c.   The planning and zoning commission and staff shall have the authority to request additional information from the applicant concerning the proposal, as deemed necessary to formulate a recommendation on the proposal.

         d.   The planning and zoning commission shall recommend approval of the application if it in all ways conforms to the city's comprehensive plan, zoning ordinance, this chapter and all chapters of this code. The commission shall also consider the following in making findings and recommendation to the city council:

            (1)   The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this chapter, and would be consistent with the comprehensive plan.

            (2)   The variance applicant has satisfactorily established that there are practical difficulties in complying with this chapter. The applicant must demonstrate that the following criteria have been met:

               (A)   The applicant proposes to use the property in a reasonable manner not permitted by this chapter;

               (B)   The plight of the landowner is due to circumstances unique to the property that were not created by the landowner; and

               (C)   The variance, if granted, would not alter the essential character of the locality.

            (3)   The variance request is not based exclusively upon economic considerations.

            (4)   The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood.

            (5)   The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood.

            (6)   The variance requested is the minimum action required to address or alleviate the practical difficulties.

      5.   City Council Consideration: The city council shall consider a variance application, as follows:

         a.   Upon receiving the reports and recommendations of the planning and zoning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.

         b.   The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the variance is deemed approval of such variance, unless the applicant agrees to an extension.

         c.   Approval of a variance by the city council shall require passage by a majority vote of all its members. The council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the city.

      6.   Effect Of Denial: If an application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for at least six (6) months from the date of its denial.

      7.   Expiration: Unless the Council specifically approves a different time period, the approval of a variance shall expire one year from the date it was approved, unless the applicant has commenced the authorized improvement or use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: a) an explanation for why the variance has not been used, b) what, if any, good faith efforts have been made to use the variance, c) the anticipated completion date, and d) the signature of the applicant and property owner. The Planning and Zoning Administrator may approve up to two (2) such extensions of not more than one additional year per extension. Prior to granting any extensions, the approval shall be reviewed to ensure compliance with any recent Code or Comprehensive Plan updates.

      8.   Violation: A violation of any condition set forth in granting a variance shall be a violation of this title and automatically terminates the variance.

   C.   Information Requirement: An application for a variance shall be accompanied by documentation as required for a conditional use permit application under section 10-7-4 of this chapter, unless otherwise specified by the Planning and Zoning Administrator. (Ord. 2014-24, 10-21-2014)

   A.   Board Designation: The City Council shall serve as the Board of Adjustment and Appeals.

   B.   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.

   C.   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 Planning and Zoning Administrator within thirty (30) days after the making of the order being appealed.

   D.   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.

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

      1.   The property owner or their agent shall file with the Planning and Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made.

      2.   The Planning and 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.

      3.   The Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed.

      4.   The Planning and Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail.

   F.   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. 2014-24, 10-21-2014)

   A.   Certificate Required:

      1.   A certificate of occupancy shall be obtained before:

         a.   Any vacant land is hereafter occupied or used except for agricultural purposes other than intensive livestock or poultry farming.

         b.   Any building hereafter erected or structurally altered is occupied or used.

         c.   The use of any such building is altered.

      2.   A certificate of occupancy shall not be required for anyone who has occupied their home (meaning that this exception only applies to personal residences) prior to January 1, 2001.

      3.   It shall be the duty of the person who applied for a building permit on any said building to request all necessary inspections so that a certificate of occupancy may be issued.

   B.   Application; Issuance: Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made to the building official as part of the application for construction or alteration of such building. The certificate shall be issued within ten (10) days after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this title.

   C.   Temporary Certificate: Pending the issuance of such a certificate, the building official may issue a temporary certificate of occupancy for a period of not exceeding six (6) months during the completion of the erection or alteration of such building. The temporary certificate shall not be construed as in any way 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.

      1.   Site Improvement Agreement And Financial Guarantee: Following the approval of a building permit and before the issuance of a temporary certificate, the applicant, as may be applicable, shall guarantee to the City the completion of all remaining uncompleted exterior amenities as required by this title and shown on the approved building permit plans. This guarantee shall be made by means of a site improvement agreement and a financial guarantee as provided below:

         a.   The applicant shall execute the site improvement agreement on forms provided by the City. The agreement shall be approved as to form and content by the City Attorney and shall define the required remaining work and reflect the terms required to guarantee the performance of the work by the applicant. The Zoning Administrator shall administer the execution of agreements administratively.

         b.   The required work includes, but is not limited to, private exterior amenities such as landscaping, ground cover, screening, fences, retaining walls, private driveways or other surfacing, parking areas, curbs, sidewalks, grading, drainage systems, water quality ponds, utilities, erosion control, and other similar facilities.

         c.   A financial guarantee shall be submitted with the executed site improvement agreement as provided herein:

            (1)   The financial guarantee submitted to the City shall be in the form of a cash escrow or other security as deemed acceptable by the City.

            (2)   The amount of the financial guarantee shall be established by the Zoning Administrator based upon an itemized estimate of the cost of all required work or shall meet the minimum amounts established in the City’s adopted fee schedule. The financial guarantee shall be in the amount of one hundred percent (100%) of the approved estimated cost. The applicant shall be responsible to pay any cash fees to cover administration of the agreement as established in the City’s adopted fee schedule.

         d.   The time allowed for the completion of the required improvements shall be set out in the site improvement agreement and shall not exceed one year to complete the work. Any agreements established in the fall of a given year due to the non-growing season shall complete all improvements by June 1 of the following year. If the improvements are not completed by the time set out in the site improvement agreement or by June 1 of the following year for non-growing season agreements, the financial guarantee may be forfeited. The City may then abate the violation and assess the cost to the property with the addition of any administrative fees. The City may grant up to a sixty (60) day extension after a written request of the landowner.

         e.   The applicant shall notify the City in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine if the performance of the work is acceptable based on the standards outlined in this title and based on the improvements outlined in the approved building permit plans. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, the City shall arrange for the financial guarantee to be released by the City Council.

   D.   Use Or Change Of Vacant Land: Written application for a certificate of occupancy for the use of vacant land or for a change in the character of the open use of the land as provided in this title shall be made before any such land shall be so occupied or used. Such a certificate of occupancy shall be issued within five (5) days after the application therefor has been made if the use is in conformity with the provisions of this title.

   E.   Statement Of Compliance: Every certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title.

   F.   Record: A record of all certificates of occupancy shall be kept on file in the office of the building official.

   G.   Permits Not Requiring A Certificate Of Occupancy: For grading permits, demolition permits, and other permit types that do not necessitate a Certificate of Occupancy, the City may require a site improvement agreement and financial guarantee to be put in place prior to issuance of such a permit. Said site improvement agreement and financial guarantee shall be governed under the terms set forth under subsection C.1 of this section. (Ord. 2018-001, 1-2-2018; amd. Ord. 2019-001, 3-19-2019; Ord. 2021-020, 12-21-2021)

Pursuant to authority granted by Minnesota Statutes section 462.3593, subdivision 9, the City of Baxter opts out of the requirements of Minnesota Statutes section 462.3593, which defines and regulates temporary family health care dwellings. (Ord. 2016-041, 8-16-2016)