The office of the zoning administrator is hereby established; the zoning administrator shall be appointed by the governing body and serve at its pleasure. If not appointed by the city council, the chairman of the planning and zoning commission shall be acting zoning administrator.

502.01. The zoning administrator shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the zoning administrator under this ordinance, express or implied, the following bodies shall have the duty and power to:

(1)

Building inspector: Issue permits required under direction of the city council.

(2)

Building inspector and zoning administrator: Conduct inspections of land, buildings, or structures at reasonable times, to determine compliance with the provisions of this ordinance.

(3)

City administrator and zoning administrator: Maintain all records necessary for the enforcement of this ordinance, including, but not limited to, all maps, amendments, and special use permits, variances, appeal notices, and applications therefor.

(4)

City administrator and zoning administrator: Receive, file and forward all appeals, notices, applications for variances, special use permits or other matters to the appropriate officials or boards.

(5)

City council: Institute, in the name of the community, any appropriate actions or proceedings to enforce this ordinance.

^* Fees are established periodically by resolution made by the governing body.

(Ord. No. 688, § I, 4-4-94)

503.01. Appeals. An appeal from any order, requirement, decision or determination of any official action may be taken by any person affected thereby, or by any officer, department, board or bureau of a town, municipality, county or state within 30 days from the date of any such order, requirement, decision or determination by filing with the city council a written notice of appeal.

The notice of appeal shall state:

(1)

The particular order, requirement, decision or determination from which the appeal is taken.

(2)

The name and address of the appellant.

(3)

The grounds for the appeal.

(4)

The relief requested by the appellant.

An appeal stays all proceedings in furtherance of the action appealed from unless the city council or court to whom the appeal is taken certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. The city council or court may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit.

503.02. Variances. Variances shall only be permitted when they are in harmony with the general purposes and intent of an official control and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.

No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. The board of appeals and adjustments may impose conditions in the granting of variances, necessary to protect adjacent properties, preserve the public health, safety and welfare and comply with the intent and purposes of this ordinance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

An application for a variance shall be filed with the zoning administrator; the application shall be accompanied by development plans showing such information as the zoning administrator may reasonably require for purposes of this ordinance, and determination of requirement for public hearing. The plans shall contain sufficient information for the planning commission to determine whether the proposed variance will meet all applicable development standards if the variance is granted. In all cases, the application shall include:

(1)

Name and address of the applicant.

(2)

The legal description of the property involved in the request for variance, including the street address, if any, of the property.

(3)

The name and address of the owners of the property and any other persons having a legal interest therein.

(4)

A site plan drawn to scale showing the property dimensions.

(5)

Location of all existing and proposed impervious coverage and buildings and their size, including square footage.

(6)

Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.

(7)

Detailed narrative of the proposed use and/or project as well as reasons for the variance request and why the city should consider approval.

(8)

The names and the addresses of the record owners of all property located within a minimum of 350 feet of all the contiguous property owned by the variance applicant.

503.03. Public hearing.

(1)

The zoning administrator shall schedule a public hearing date for the application at the planning commission's next regular meeting; provided, however, that the application is submitted by the appropriate deadline and proper legal notice of the hearing can be registered before the next regular meeting of the planning commission. If these requirements cannot be met, then such consideration may be at the second regular meeting after said filing. The public hearing shall be no more than 60 days after the date of filing of the application with the zoning administrator.

(2)

Notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the community and mailed to each of the owners of all property located within a minimum of 350 feet of the property described in the application and such other persons as the planning commission may direct, at least ten days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

(3)

The applicant or his representative shall appear at the public hearing in order to answer questions concerning the proposed use.

503.04. Appeals and board of appeals and adjustments.

A.

A board of appeals and adjustments is hereby established. It shall consist of the city council and is vested with such administrative authority as provided in this chapter.

B.

The board of appeals and adjustments shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by the city council or by the zoning administrator. Such appeal may be taken by any person aggrieved by any officer or department of the city or the city council.

C.

The board of appeals and adjustments may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as, in its opinion, ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken, and may issue or direct the issuance of a permit. The reasons for the board decision shall be stated and recorded. The decision of the board shall not be final, and any person having an interest affected by such decision shall have the right to appeal to the Washington County District Court regarding questions of law and fact. A vote of a majority of the board of appeals and adjustments shall be necessary to reverse any decision of an administrative official of the city or of the city council, or to decide in favor of the applicant.

(Ord. No. 688, § II, 4-4-94; Ord. No. 718, § 718.01, 8-4-97; Ord. No. 831, § 1, 4-2-12)

505.01. [Granting of permit.] The governing body may grant a conditional use permit in any district provided the proposed use is designated in section 6 of this ordinance as a conditional use for the district, upon finding that:

(1)

Certain conditions as detailed in the zoning ordinance [Appendix B] exist.

(2)

The use or development conforms to the comprehensive land use plan of the community.

(3)

The proposed use is compatible with existing neighborhood.

(4)

The proposed use meets conditions or standards adopted by the community not incorporated in this ordinance.

(5)

The planning commission shall make recommendations to council on time extension.

505.02. [Records.] The zoning administrator and city administrator shall maintain a record of all applications for and all conditional use permits issued, including information on the use, location, conditions imposed by the community, time limits, review dates and such other information as may be appropriate.

505.03. Application. Application for a conditional use permit shall be filed with the city administrator. The application shall be accompanied by development plans for the proposed use showing such information as may be reasonably required by the zoning administrator, including but not limited to those things listed below. Such plans shall contain sufficient information for the community to determine whether the proposed development will meet all applicable development standards.

(1)

Site plans drawn to scale showing parcel and building dimensions.

(2)

Location of all buildings and their size, including square footage.

(3)

Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.

(4)

Landscaping and screening plans, including species and size of trees and shrubs proposed, if required by planning commission.

(5)

Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated.

(6)

Type of business or activity and proposed number of employees.

(7)

Proposed floor plan and elevations of any building with use indicated.

(8)

Sanitary sewer and water plan with estimated flow rates.

(9)

Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made part of the application.

(10)

A location map showing the general location of the proposed use within the community.

(11)

A map showing all principal land use within 350 feet of the parcel for which the application is being made, required by planning commission.

The applicant shall supply proof of ownership of the property for which the conditional use permit is requested, consisting of an abstract of title or registered property certificate, certified by a licensed abstractor, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership.

The application form shall be accompanied by an accurate list showing the names and the mailing addresses of the record owners of all the property within a minimum of 300 feet of the property for which the conditional use permit is sought, verified as to accuracy by the applicant.

(Ord. No. 795, § 1, 2-4-08)

505.04. Public hearing.

(1)

The zoning administrator shall schedule a public hearing date for the application at the planning commission's next regular meeting; provided, however, that proper legal notice of the hearing can be registered before the next regular meeting of the planning commission. If the requirements regarding proper legal notice cannot be met, then such consideration may be at the second regular meeting after said filing. The public hearing shall be no more than 60 days after the date of filing of the application with the zoning administrator.

(2)

Notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the community and mailed to each of the owners of all property located within a minimum of 350 feet of the property described in the application and such other persons as the planning commission may direct, at least ten days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

(3)

The applicant or his representative shall appear at the public hearing in order to answer questions concerning the proposed use.

(Ord. No. 688, § III, 4-4-94)

505.05. Planning commission report. The planning commission shall make its report on the application to the governing body, in writing, within 40 days after the public hearing, unless the applicant consents to extended consideration by the planning commission. The report shall recommend that the conditional use permit be granted or denied and shall include the planning commission's recommendation as to any conditions to be imposed if the conditional use permit is granted, including time limits or provisions for periodic review, and shall state the reasons therefor.

The planning commission's report shall be filed with the zoning administrator who shall refer the same to the governing body for consideration at its next regular meeting. The zoning administrator shall mail to the applicant a copy of the planning commission's report and a notice of the time and place of the meeting at which the report will be considered by the governing body.

If the planning commission fails to file a report with the city council within the time provided by this section, the application shall be referred to the governing body as herein provided, without report, after the time for filing the report has expired.

505.06. Governing body action on application. The governing body shall make its decision on the application within 40 days of the filing of the planning commission's report with the zoning administrator or after the last day for filing the same if no report is filed. The governing body shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the city administrator, who shall immediately mail a copy thereof bearing the notation of the filing date, to the applicant.

The governing body may impose such conditions and restrictions, including time limits on the conditional use or periodic review, as appears to be necessary and proper to protect adjacent property and comply with the intent and purpose of this ordinance and the comprehensive plan.

505.07. Reapplication. No application for a conditional use permit shall be resubmitted for a period of three months from the date of the denial of a previous application.

505.08. Periodic review. If a periodic review is imposed as a condition of the granting of a conditional use permit, the conditional use permit shall be reviewed by the planning commission at its next regular meeting at least 30 days prior to the expiration of the permit, with notice of time and place of such review published with agenda at least five days prior to meeting. Written request to the zoning administrator, by the city council, planning and zoning, or any five residents, will cause a public hearing. It shall be the responsibility of the zoning administrator to schedule such public hearing and notify the permit holder, by mail, at least ten days prior to the hearing.

505.09. Compliance with permit; violation of conditions. Any use permitted under the terms of a conditional use permit shall be established and conducted in accordance with all of the terms, conditions, and restrictions of such permit. The violation of any term, condition or restriction of a conditional use permit shall be a violation of this ordinance.

In the event of the violation of any term, condition or restriction of a conditional use permit, the community may institute an appropriate action or proceeding in district court for such equitable relief as may be appropriate, including cancellation of the permit or appropriate orders preventing, restraining, correcting or abating such violations or threatened violations.

505.10. Expiration and suspension of conditional use permit. A conditional use permit shall expire one year after it has been issued unless the planning commission has set some other time limitation or unless the use for which the permit has been granted has commenced within such year, except that upon written application of the owner of the affected land for which the conditional use permit was granted prior to the end of such year, the planning commission may extend the expiration date of such permit for an additional period, not to exceed one year. If under said conditional use permit, building is commenced and subsequently determined by the zoning administrator to be abandoned for a period of 120 days, the conditional use permit shall be suspended at the end of said 120 days. Before said construction may be recommenced, a conditional use permit can be reinstated by the planning commission, provided that no changes or alterations in the original plan have been made. If the building permit for the construction that was determined to be abandoned became invalid prior to the recommencement of such construction, the suspended conditional use permit shall expire at the time said building permit became invalid.

505.11. [Amended permit application.] An amended conditional use permit application may be administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplications for permits that have been denied or permits that have expired, requests for changes in conditions, and as otherwise described in this ordinance.

505.12. Inclusion. All uses permitted by this ordinance by conditional use permit in existence prior to the adoption date of this ordinance shall be automatically issued a conditional use permit by the zoning administrator. Any changes in the existing use after the adoption date of this ordinance shall require an amended conditional use permit.

506.01. The zoning administrator shall issue a certificate of compliance in any district for a proposed use listed in section 6 as a use which must obtain a certificate of compliance prior to construction or occupancy, if the proposed use will not be contrary to the provisions of this ordinance, and that other codes and ordinances have been fully complied with. The zoning administrator shall inform the city council of any decision regarding a certificate of compliance application.

(Ord. No. 688, § IV, 4-4-94)

506.02. Conditions required by this ordinance shall be applied to the issuance of the certificate of compliance and a periodic review of the certificate and proposed use may be required. The certificate shall be granted for a particular use and not for a particular person or firm.

506.03. The zoning administrator and city administrator shall maintain a record of all certificates of compliance issued, including information on the use, location and conditions imposed as part of the permit such as time limits, review dates and such other information as may be appropriate.

506.04. Whenever this ordinance requires a certificate of compliance, an application therefor, in writing, shall be filed with the zoning administrator and city administrator.

506.05. The application shall be accompanied by development plans of the proposed use showing such information as may be reasonably required by the zoning administrator, including but not limited to those listed below. These plans shall contain adequate information upon which the zoning administrator can determine [that] the proposed development will meet all development standards if the project proceeds in accordance with such plans.

(1)

Site plan drawn to scale showing parcel and building dimensions.

(2)

Location of all buildings and their square footage.

(3)

Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.

(4)

Landscaping and screening plans if required by planning commission.

(5)

Finished grading and drainage plans sufficient to drain and dispose of all surface water accumulated in the area.

(6)

Sanitary and storm sewer plans with estimated use.

(7)

Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made prior to the permit application.

(8)

Any additional data reasonably requested by the zoning administrator.

506.06. If no action is taken on the certificate of compliance by the zoning administrator within 30 days of the written request, the request shall be considered denied.

(Ord. No. 688, § V, 4-4-94; Ord. No. 697, §§ 697.01, 697.02, 7-5-94)

507.01. Intent. This section is established to provide comprehensive procedures and standards designed to allow greater flexibility in the development of neighborhoods and/or non-residential areas by incorporating design modifications as part of a PUD or a mixture of uses that may involve a mix of residential, commercial, and/or industrial uses. The PUD process, by allowing deviation from the strict provisions of this ordinance related to setbacks, lot area, width and depth, yards, etc., is intended to encourage:

(1)

Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments.

(2)

Higher standards of site and building design through the use of trained and experienced land planners, architects, landscape architects and engineers.

(3)

More convenience in location and design of development and service facilities.

(4)

The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion.

(5)

A creative use of land and related physical development which allows a phased and orderly development and use pattern.

(6)

An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments.

(7)

A development pattern in harmony with the objectives of the Bayport Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.)

(8)

A more desirable and creative environment than might be possible through the strict application of zoning and subdivision regulations of the city.

507.02. Steps of the PUD process.

(1)

Pre-application meeting. A pre-application meeting is required for projects proposed under the provisions of this chapter. This meeting will involve staff and members of the planning commission for the purpose of discussion of the proposed PUD.

(2)

Concept plan. The applicant will be required to develop a concept plan for the PUD. During the concept plan the applicant must provide a list of intended specific uses, (i.e., specific business, housing types, specific commercial and industrial types). This stage provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The concept plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The affirmative vote of three-fifths of the city council shall be required for approval of the concept plan.

(3)

Preliminary plat and general development plan. The applicant, after approval during the concept plan stage, will be required to apply for preliminary plat and general development plan approval. The purpose of the general plan of development is to provide a specific and particular plan upon which the planning commission will base its recommendation to the council and with which substantial compliance is necessary for the preparation of the final plan. Preliminary plat approval is contingent on the planning commission and city council approval and after a public hearing process. The affirmative vote of three-fifths of the city council shall be required for approval of the preliminary plat and general development plan.

(4)

Final plat approval. The purpose of the final plat is to serve as a complete, thorough, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modification is thereof resulting for the PUD process. The affirmative vote of three-fifths of the city council shall be required for final plat approval.

507.03.General requirements and standards

(1)

Ownership. An application for PUD must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.

(2)

Comprehensive plan consistency. The proposed PUD shall be consistent with the policies and plans of the city comprehensive plan.

(3)

Compatibility. The proposed PUD shall be compatible with existing and planned adjacent land uses.

(4)

Common open space. Common open space at least sufficient to meet the minimum requirements established in the comprehensive plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents/users of the PUD shall be provided within the area of the PUD development.

(5)

Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the city:

(a)

Dedicated to public, where a community-wide use is anticipated and the city agrees to accept the dedication.

(b)

Landlord control, where only use by tenants is anticipated.

(c)

Property owners association, provided all of the following conditions are met:

1.

Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts or common area, a declaration of covenants, conditions and restrictions or an equivalent document or document such as specified by Laws 1963, Section 457, Section 11 and a set of floor plans such as specified by Laws 1963, Section 457, Section 13 shall be filed with the city, said filing with the city to be made prior to the filings of said declaration or document or floor plans with the recording officers of Washington County, Minnesota.

2.

The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject said properties to the terms of said declaration.

3.

The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

4.

The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its prorate share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which ease such assessment is made.

5.

Membership must be mandatory for each owner and all successors or assigns.

6.

The open space restrictions must be permanent and not for a given period of years.

7.

The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

8.

Property owners must pay a prorate share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes.

9.

The association must be able to adjust the assessment to meet changed needs.

10.

The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the city council prior to the approval of the final PUD plan.

(6)

Staging of public and common open space. When a PUD provides for common or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

(7)

Density. The maximum allowable density in a PUD zoning district shall be determined by standards negotiated and agreed upon between the applicant and the city. To ensure concentration of open space into more usable areas and the preservation of the natural resources of the site, density bonuses may be allowed at the discretion of the city council. Approved density bonuses shall be incorporated into the developer's agreement. Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 100 percent of the approved residential density of the entire PUD.

(8)

Utilities. In any PUD, all utilities, including telephone, electricity, gas shall be installed underground, unless approved specifically by the city council.

(9)

Utility connections. The following requirements must be met with regards to utility connections. Properties within the urban service area where public water and sanitary sewer service are not provided must demonstrate the ability to meet these requirements once public water and sanitary sewer service is available.

(a)

Water connections. Where more than one unit is served from the same service line, individual unit shut off valves shall be provided as required by the city.

(b)

Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner.

(10)

Roadways. All streets shall conform to the design standards contained in the subdivision chapter of this Code, unless otherwise approved by the city.

(11)

Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the city, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the city shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

(12)

Urban/rural servicing requirements. All development shall be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available. Lands which have the necessary available municipal facilities and services may be granted approval in accordance with existing Code provisions and development techniques. Lands which lack the available public facilities and services may be granted approval for development, provided that all applicable provisions of this chapter, this Code, and state regulations are complied with.

(13)

Setbacks. The front and side yard restrictions at the periphery of the planned unit development shall be the same as those imposed in the base zoning districts. A PUD zoning district shall at a minimum have a 30-foot setback and ten-foot side yard setback. As appropriate, the city may alter these standards.

507.04. General concept review.

(1)

Application for concept review. Before applying for a planned unit development permit, the applicant shall first apply for concept review of the proposed development. The application shall be accompanied by payment of a preliminary review fee in an amount established by resolution of the governing body. The application shall be filed with the city administrator or the zoning administrator. The application shall include the following information relating to the property, developer and the proposed development, and may include such further information as the applicant deems appropriate for preliminary review of the proposed planned unit development.

(2)

Submission of standards. Reports shall be submitted on 8.5 by 11-inch size paper, vertical format. Larger size copies may be requested. At least five copies shall be submitted to the city. The scale of maps shall be at least one inch to 200 feet. Maps for sites less than 50 acres shall be at least one inch to 100 feet.

(3)

Site information. A sketch plan shall be submitted showing the location of the site, size of the site, utilization of land adjacent to the site, existing buildings on the site, significant topographical and physical features of the site, proposed site, proposed general street layout and proposed general lot layout.

(4)

Existing buildings and adjacent uses. If the applicant contemplates the retention of existing buildings or extension of facilities or utilities serving adjacent uses, these facts shall be documented.

(5)

Submittal/applicant information. The following information shall be submitted:

(a)

Ownership. The applicant shall have a property interest in the site, which shall consist of a fee simple title or an option to acquire fee simple title, or a leasehold interest in excess of 30 years, or a substantial interest in a joint venture agreement, real estate investment trust or other real estate syndication which has or can obtain a fee simple title, or a marketable title subject to certain restraint which will not substantially restrict its development within a reasonable time. All mortgages including purchase money mortgages, all easements restricting land use, all liens and all judgments which may affect the site shall be documented. The applicant shall supply proof of existing ownership consisting of an abstract of title, certified currently, a current certificate of title, or an attorney's title opinion based thereon, together with any unrecorded documents whereby the applicant acquired a legal or equitable property interest.

(b)

Development experience. The applicant shall submit information of personal experience in real estate development, to include all corporations now or formerly in existence in which the applicant exercised substantial control. If the applicant has not had any previous experience in real estate development, the applicant shall submit such evidence as is necessary to demonstrate their competence to undertake the proposed development.

(c)

Financial capability. The applicant shall submit certified evidence of present financial position, to include existing or proposed credit sources for land acquisition, construction and permanent financing. No applicant shall be approved unless it can be shown that the applicant possesses or has the ability to acquire sufficient funds for the development of the site.

(d)

Neighboring landowners. The applicant shall submit a licensed abstractor's certificate showing the names and addresses of the record owners of all property located within a minimum of 350 feet of all the contiguous property in which the applicant has legal or equitable property interest.

(e)

Specific uses. The applicant shall submit specific uses proposed for the PUD. This shall include housing types, specific types of business, commercial and industrial use such as service stations, banks, specific retail, etc.

(f)

Additional information. The applicant shall submit additional information as recommended by city staff, planning commission, or the city council.

(6)

Planning commission action. Within 45 days after the first regular meeting after the application for a concept review has been submitted to the city administrator or zoning administrator, the planning commission shall consider concept review approval to the proposed plan, reject the proposed plan, or request specific additional information. The planning commission shall also establish the process necessary for completion of a general development plan. As soon as is reasonably practical, the city administrator or zoning administrator shall inform the applicant of the action taken by the planning commission, in writing, accompanied by a copy of the resolution or minutes of the planning commission stating its reasons therefore. If additional information is requested, the planning commission shall accept or reject the concept review within 30 days of such request. If the concept review is accepted, the applicant may proceed to apply for the preliminary plat, general development plan.

(Ord. No. 795, § 1, 2-4-08)

507.05. Preliminary plat, general development plan

(1)

Plan review fee. The fee for a planned unit development general development plan review shall be established by resolution of the governing body.

(2)

Concept approval. The applicant shall have secured concept review approval by the planning commission within the previous year.

(3)

Information required. The applicant shall file with the city administrator or zoning administrator the information required in section 507.06.

(4)

Referrals. Upon receipt of all required information, the city administrator or zoning administrator shall refer the same to the planning commission and shall refer the applicable portions to the fire department, community engineer, and building official. Reports on those aspects of the proposed plan which concern such department or body must be filed with the city administrator or zoning administrator within 30 days of the referral thereof.

(5)

Action by planning commission. The planning commission shall thereafter recommend approval of the general development plans as submitted, approval of the application subject to specified modifications or conditions, or recommend denial of the application, within 120 days under Minnesota State Statutes 15.99, as amended. The affirmative vote of three-fifths of the members of the planning commission shall be required for a recommendation of approval of any planned unit development general development plans.

(6)

Public hearing.

(a)

The zoning administrator shall schedule a public hearing date for the particular planned unit development application at the planning commission's next regular meeting, provided however, that proper legal notice of the hearing can be registered before the next regular meeting of the planning commission. If the requirements regarding proper legal notice cannot be met, then such consideration may be at the second regular meeting after said filing pursuant to Minnesota Statutes 15.99, as amended.

(b)

Notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the community and mailed to each of the owners of all property located within a minimum of 350 feet of the property described in the application and such other persons as the planning commission may direct, at least ten days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notices to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

(c)

The applicant or their representative shall appear at the public hearing in order to answer questions concerning the proposed use.

(7)

Action by the governing body. The planned unit development general development plans shall be placed on the agenda of the governing body at its next regular meeting following action of the planned unit development general development plans by the planning commission. The governing body shall take action on these plans within 40 days after such meeting. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals or general welfare of the community and that said use is fully consistent with the purposes of the community ordinances relating to land use, subdivision, and development, including the provisions of this ordinance, and in conformity to the comprehensive plan, the governing body may grant such approval. If it approves the plans, the governing body may impose conditions thereon, including time limits it considers necessary. Periodic review of the project and the final approval may be required; the cost of periodic review shall be paid by the permittee. Each project approval shall be granted for a particular use and development, and not for a particular applicant.

507.06. Requirements of general development plan

(1)

Submission standards. Reports shall be spiral or three-ring loose-leaf bound submitted on 8.5 by 11-inch vertical format paper. The scale of maps shall be at least one inch to 200 feet. Maps for sites less than 50 acres shall be at least one inch to 100 feet. The number of reduced/full size maps and reports to be submitted shall be specified by the planning commission, but shall not exceed 25. All maps shall be reduced and included in the applicable reports. One transparent mylar copy of the final general development plans, should they be approved, shall be filed with the planning commission within 60 days of such approval.

(2)

Environmental impact. The city shall conduct an environmental review associated with the land use and development projects consistent with the state and environmental quality board and environmental review program, as amended.

(3)

Regional location component map. A map shall be submitted showing the site and its interrelationship with the community. Said map shall include the location and distance in road miles to the following facilities servicing the site:

(a)

Elementary school(s).

(b)

Secondary school(s).

(c)

Fire company.

(d)

Police station.

(e)

Arterial and limited access highways.

(f)

Recreational areas.

(g)

Shopping areas.

(h)

Industrial areas.

(i)

Public transportation routes, including non-vehicle trails and major transportation depots.

(j)

Churches and public buildings.

The names of all property owners within 350 feet of the development site shall be shown on the map attached thereto.

(4)

Land evaluation component. The land evaluation component shall consist of a map or maps and accompanying report setting forth the natural limitations on land development, including slopes, drainage systems, vegetation, soil types, soil quality, and how these limitations are incorporated in the development plan. Said land evaluation component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(5)

Land use component. The land use component shall consist of a map or maps and report setting forth the distribution, location and extent of the acres of land devoted to each category of land use proposed as part of the general plan of development. Such uses may include single family residential, mixed types of residential, neighborhood retail shopping facilities, office facilities, service facilities, education, religious, recreation, public and semi-public facilities, or other categories of public or private uses of land. Said land use component shall also contain a descriptive statement of objectives, principles and standards used in its formulation.

(6)

Circulation component.

(a)

The circulation component shall consist of a map or maps and report setting forth the general location, extent and nature of all transportation facilities proposed as part of the general plan of development, all proposed points of interconnecting access to existing transportation facilities, and the present use and design capacities of existing transportation facilities. Proposed transportation facilities information shall include:

1.

Location of paths or bikeways.

2.

Location of major and local thoroughfares.

3.

Location and definition of trash removal system.

4.

Location and definition of industrial and commercial delivery areas and systems.

5.

Identification by function of principal arterials, intermediate arterials, minor arterials, collector streets and local streets.

6.

Location and function of one-way street systems, divided roads, left-turn lanes and such other matters as may be related to the provision for the circulation of traffic within the planned area.

(b)

The following information pertaining to parking areas shall be shown:

1.

Paved areas for all parking compounds.

2.

Landscaped areas contained within the parking areas.

3.

Service estimates which show the number of residential units or gross flow area and the number of parking spaces for each area.

(c)

Said circulation component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(7)

Population component. The population component shall contain a report of the standards of population density and building intensity for the various proposed land uses, including estimates of future population, age and economic characteristics and change within the planned community, correlated with supporting data, shall include but not be limited to dwelling (housing) units per acre for the various residential uses proposed; and square footage by type for the various non-residential facilities, including sufficient data to calculate traffic generation, parking requirements, water consumption, sewage needs and the necessary capacity of related utilities and services traditionally rendered by public or private organizations for a population of such size as is projected for the completed planned development. This report shall contain an analysis indicating the projected marketability of the development in respect to effective demand specifically relating the size to the community. Any public and/or subsidized housing shall be identified to include an explanation of the assistance program and the number of units affected. Said population component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(8)

Services and service facilities component. The services and facilities component shall contain a map or maps setting forth the general location and extent of any and all existing and proposed systems for sewage, domestic water supply and distribution, refuse disposal, drainage, local utilities and right-of-way easements, facilities and appurtenances necessary therefore. Said services and facilities component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation, as well as a detailed statement describing the proposed ownership, method of operation and maintenance of each such service and facility.

(9)

Open space and community facilities component. The open space and community facilities component map and report shall show:

(a)

All land dedicated or deed restricted for public or common use, showing major trails, acreage and proposed use.

(b)

Location of all playfields, tot lots, tennis and handball courts, or other recreational facility indicating type and general area of concentrated use.

(c)

Location of all buildings intended for community, school, religious or institutional use indicating approximate building coverage in square feet.

(d)

Location of all existing buildings, historical areas or scenic areas to be preserved.

(e)

The report shall contain an explanation of how the common open space shall be maintained, including an estimate of additional charges or costs to be paid by each housing unit. The method by which citizen participation is provided in the maintenance of these facilities shall be specified. All improvements to be placed as fixtures upon the land shall be described. A statement of conformance or lack thereof to the requirements of design ratios and common open space shall be included. Said open space and community facilities component shall also contain a descriptive statement of objectives, principles and standards used for its formulation.

(10)

Land coverage and drainage component.

(a)

A land coverage and drainage component map or maps shall include the location and square feet of all areas of the site to be covered by paving or building roofs, and the proportion of each as related to the total site, and the relation to each watershed existing on an off-site location prior to proposed development.

(b)

All areas of the site in which the natural vegetative cover will be altered shall be identified and the proportion by type of change shall be identified with the amount of area in acres and the proportion of each as related to the total site shall be indicated on the map legend.

(c)

All drainage areas which occupy five percent or more of the site shall be identified with the amount in acres and the proportion of each as related to the total site shall be indicated on the map legend.

(d)

All natural drainage swales, all streams and their contributing watershed shall be identified with the maximum area shown to be covered by water resulting from a rainfall of 15- and 100-year storms.

(e)

All improvements, including retention basins, ponds, culverts, dams and stormwater pipes in excess of six inches, shall be located by type.

(f)

The report shall include the probable impact resulting from the flow of stormwater, including:

1.

The projected maximum volumes at the collecting points for each drainage basin shall be calculated for 15- and 100-year storms.

2.

The impact of stormwater for 15- and 100-year storms upon existing service facilities shall be evaluated in relation to existing stormwater capacities.

3.

The impact of stormwater for 15- and 100-year storms upon off-site locations shall be described.

(g)

The report shall contain certified copies of all necessary easement deeds required for the drainage of stormwater onto off-site locations.

(h)

This report shall contain an analysis of all improvements including off-site conditions to facilitate the flow of stormwater which are included in the land coverage and drainage map. Construction processes shall be specified for systems. Said component shall also contain a descriptive statement of objectives, principles, and standards used for its formulation.

(11)

Building quality component. A building quality component shall be submitted consisting of a map or maps, schematic drawings and report showing locations of all buildings with floor elevations, typical building types to illustrate architectural intent and character and the name, address and certification of the architect approving the exhibit.

(12)

Legal submissions component. A legal submissions component shall be submitted consisting of the following:

(a)

The articles of incorporation and bylaws for any homeowners' association, condominium association or other form of non-profit corporation to maintain or advise in the operation of any common space.

(b)

Any agreement by which an organization is to serve in the capacity of a trustee.

(c)

Typical deed or lease agreement specifying all rights and obligations including required fees to be paid to maintain common open space.

(d)

A signed statement establishing the rights of the municipality to substitute for the organization to maintain common open space and to collect the necessary funds.

(e)

Copies of all existing or proposed easements and covenants to permit other persons to utilize portions of land or to maintain facilities and/or utility service lines.

(f)

Copies of all existing or proposed agreements by which private roads shall be maintained, refuse collected (from), snowplowed and other supplementary services be provided.

(g)

Copies of all dedications, restrictions and covenants imposed upon the land including reservations in favor of any homeowners' association.

(13)

Construction order component. A construction order component shall contain a map or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein. Said component shall include estimated completion dates and shall specify the proposed order of request for utility release or other authority to occupy complete structures so as to provide a basis for determining the adequacy of the related services and facilities which would not require a variance under existing zoning. Said component shall also contain a descriptive statement of the objectives, principles and standards for its formulation.

(14)

Subdivision design component. A subdivision design component shall contain a descriptive statement of principles governing the proposed subdivision of land including lot design for various proposed land uses. This component shall be in sufficient detail so that it can serve as the basis for determining the conformity of any site plan to the general plan of development.

(15)

Financial impact component. A financial impact component shall be submitted consisting of a report demonstrating the additional taxes generated by the planned unit development for the community and the school district, the additional financial burden generated by the planned unit development on the school system, fire department, police department, road maintenance and other increased financial burden on the community. Said component shall also contain a descriptive statement of objectives, principles and standards used for its formulation. The financial impact component of the proposed development must demonstrate an economic gain to the City of Bayport.

(16)

Marketing component. A marketing component shall be submitted which shall consist of a report demonstrating the economic feasibility of the planned unit development including a marketing survey of proposed residential and apartment units, the impact on existing property values, the impact of any other proposed real estate developments in the surrounding area, the amount of federal, state and local subsidy or load programs utilized by the planned unit development and the impact of such governmental subsidy or loan programs being curtailed or eliminated.

(17)

Air pollution component. The air pollution component shall consist of a map and report setting forth the location of all air pollution sources, including areas of heavy traffic, parking lots, incinerators and smoke stacks. The report shall include the amount of pollution expected from each source and the abatement procedures to be used to control such air pollution. Said component shall also contain a descriptive statement setting forth objectives, principles and standards used for its formulation.

(18)

Air conditioning water component. The air conditioning water component shall consist of a report setting forth the source and discharge of any water used for air conditioning.

(19)

Social environment component. The social environment component shall consist of a map and report setting forth those design features which will provide privacy, social interaction and security. Said component shall also contain a descriptive statement setting forth the objectives, principles and standards used for its formulation.

(20)

Energy component. The energy component shall consist of a report setting forth the total amount of energy to be used by the planned unit development, the relative amount provided from each source, the relative amount utilized by each requirement and those design features which will promote energy conservation. Said component shall also contain a descriptive statement setting forth the objectives, principles and standards used for its formulation.

(21)

Community benefit statement. The applicant must include a community benefit statement which would consist of a written statement comparing the relative benefits that would accrue to the community as a result of this site being developed under the planned unit development provisions as opposed to conventional zoning. Specific mention should be made to open space natural features and architectural design.

(22)

Additional components. The general plan of development may include, as additional components, a recreation component, a public building component providing for consideration for administrative and public safety quarters, and such other components (as are) indicated by the nature of the particular proposed development.

(Ord. No. 795, § 1, 2-4-08)

507.07. Final plat.

(1)

Application of final plat. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.

(2)

Submission of the final plan. After approval of a general concept plan for the PUD and approval of a general development stage plan for a section of the proposed PUD, the applicant shall submit the following material for review by the city staff prior to issuance of a building permit.

(a)

A detailed landscaping plan and statement of specifications.

(b)

Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or open space or service facility.

(c)

All certificates, seals, and signatures required for the dedication of land and recording of documents.

(d)

Final architectural drawings of all structures.

(e)

A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

(3)

Recording of final plan. Within ten days of its approval, the applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the county recorder.

(4)

Design of building plans. All building and site plans shall be designed and certified by a registered architect or registered engineer. The site plans may be prepared by a professional site planner, but a registered architect or engineer must certify that they have reviewed the site and designed the proposed buildings in accordance with the site plans, the terrain and neighboring conditions, and in accordance with the building code.

(5)

Limitation on final approval. Within one year after approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD application and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinance. The time limit established by this paragraph may, at the discretion of the council, be extended for not more than one year by ordinance or resolution duly adopted.

(6)

Inspections during development.

(a)

Compliance with overall plan. Following final plan approval of a PUD, or a stage thereof, the building official shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

(b)

Consistency with preliminary plat. If the building official finds that development is not processing in accordance with approved schedules, or that it fails in any other respect to comply with the PUD plans as approved, he/she shall immediately notify the council. Within 30 days of such notice, the council shall either by ordinance revoke the PUD application, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the final plans as approved; or shall require the landowner or applicant to seek an amendment of the final plan.

(c)

Compliance with construction plans and drawings. All improvements to be constructed or erected shall be subject to inspection by the city building official. The cost attributable to all inspection required by this subparagraph shall be charged to and paid by the owner or applicant. Before any required inspections take place, the owner or applicant may be required to post a deposit with the city administrator to cover the cost of such inspections.

(d)

Compliance with inspections. If, upon inspection, in the opinion of the city building official, any work does not comply with the approved construction plans and drawings of the approved final plan, the city building official shall have authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies, the owner or applicant shall notify the city building official and request a reinspection.

(e)

Completion of improvements. Upon completion of all required improvements within the area covered by the approved final plan, the owner or applicant shall notify the city building official who shall thereupon conduct a final inspection of all improvements as installed from the approved construction plan and drawings or approved final plan.

507.08. PUD progress evaluation. If periodic review of a PUD project is included as a condition of the approval of the PUD application, such a project shall be reviewed by the city council. The council may at its discretion call a public hearing as part of its review. Notice of such hearing shall be given in the same manner as outlined in section 507.06(6).

507.09. Amendments/minor changes. Changes which alter the concept of the intent of the planned unit development including increases in density, reductions of proposed open space, changes in total bedroom counts of more than five percent, changes in bedroom mixes of more than five percent, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants may be approved only by submission and reconsideration of a new preliminary plan and/or final planned unit development plat and supporting data and following the preliminary or formal plat procedure. If the major change alters data or evidence submitted during the conceptual plan or preliminary plan or preliminary plat stage, then the submission must begin at the preliminary plat stage. If the final plat evidence or data is altered as a result of a major change, then resubmission shall begin at the final plat stage. If major changes are proposed, a new public hearing shall be required during resubmission of the preliminary plat or final plat.

507.10. General requirements.

(1)

Records. The community clerk and zoning administrator shall maintain a record of all permits issued, including information on the use, locations, conditions imposed, time limits, review dates and such other information as may be appropriate. Planned unit development permits granted shall be clearly noted on the community zoning map and shall be recorded with the Washington County Recorder or Registrar of Titles.

(2)

Certification of plans required. Any plan submitted shall be certified as follows: Mechanical systems, electrical systems and all structural systems shall be designed and certified by a registered professional engineer; and building official.

(3)

Time limits. No application which was subsequently denied shall be resubmitted for a period of six months from the date of said order of denial. If a time limit or periodic review is imposed as a condition of the granting of a conditional use permit, the conditional use permit shall be reviewed by the planning commission at its next regular meeting at least 30 days prior to the expiration of the permit, with notice of time and place of such review published with agenda at least five days prior to meeting. Written request to the zoning administrator, by the city council, planning and zoning, or any five residents, will cause a public hearing. It shall be the responsibility of the zoning administrator to schedule such public hearing and notify the permit holder, by mail, at least ten days prior to the hearing.

(4)

Bonding to assure conformance to general plan of development and agreements. To assure that any improvements specified as part of the general plan of development (or necessary as a prerequisite to a utility release) are completed under the terms of said plan or each phase as outlined in the construction order component or in any agreements executed according to the provisions of this ordinance, the applicant shall post a corporate surety bond, cash bond or other adequate security guaranteeing the faithful performance of work or agreements, and the payment of any costs in an amount set by the governing body not to exceed 120 percent of the expected cost of improvements. Furthermore, prior to certification of the site plans required by this ordinance, the governing body shall also determine the amount of corporate surety bond, cash bond or other adequate security as required by this ordinance. Said corporate surety bond, cash bond or other adequate security shall cover each separate facility, landscaping or utility as required as part of the corporate surety bond, cash bond or other security may be released when any specific part of each phase is completed.

(5)

Effect of minimum area requirements on conveyed lots or building sites. In the event any real property in the approved permit is conveyed in total or in part, the buyers thereof shall be bound by the provisions of the planned unit development permit and the general development plan constituting a part thereof, provided however, that nothing herein shall be construed to create non-conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site or part of the development created pursuant to and in conformance with the planned unit development permit. Subsequent structural additions or alterations may be made provided the provisions of the planned unit development permit, this ordinance and other applicable ordinances are adhered to.

(6)

Private streets. Whenever it does not contradict the provisions of the community ordinance relating to land use, subdivision and development, including the provisions of this ordinance as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in a planned unit development application, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets, may be retained as private streets and so reflected upon the final plat made a part of the planned unit development permit; provided an agreement is entered into between the owner of said private streets and the community assuring that the construction, operation and maintenance of said streets will be accomplished in accordance with approved standards.

(7)

Staged development/phasing plan. It is recognized that certain planned unit development permits may involve construction over a long period of time. If it is proposed to develop a project during a period which will exceed two years, the applicant may request permission to submit detailed information respecting only the first stage or stages of the project. If permission pursuant to such a request is granted, a separate public hearing shall nevertheless be required, respecting each successive stage of the project as the same is reached, and detailed plans shall be submitted in accordance with the approved construction order component forming a part of the planned unit development permit.

(8)

Method of withdrawing an application for a permit. Any application for a planned unit development permit may be withdrawn by the applicant at any time prior to filing the required plat thereof in accordance with the subdivision ordinance, or if no platting is required in connection with the planned unit development application, than at any time prior to physical implementation of the approved permit, such as the commencement of construction on the permit site.

(9)

Method of cancellation of a planned unit development permit. Any existing proposed planned unit development permit shall be deemed to be canceled if the owner of the land involved in the permit applies for and receives a rezoning with respect to said property prior to the time that there is any physical implementation of the matters covered by the previously approved planned unit development permit. In addition, an existing planned unit development permit shall be deemed to be automatically cancelled in the event that a final plat, if the same is required in connection with the permit, is not filed as required by and in accordance with the terms of the community subdivision ordinance within 120 days following final approval of the planned unit development permit by the governing body. In all other situations, an existing planned unit development shall be cancelled and revoked, short of expiring according to its own terms, only upon the event of the community, acting in accordance with law and due process, taking some rezoning action which supersedes the planned unit development permit.

(Ord. No. 752, 10-6-03; Ord. No. 765, § 1, 10-4-04)

508.01. An amendment to this ordinance may be initiated by the governing body, the planning commission or by petition of affected property owners as defined herein. An amendment not initiated by the planning commission shall be referred to the planning commission for study and report, as hereinafter provided, and may not be acted upon by the council until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning commission.

508.02. The zoning administrator and city administrator shall maintain a record of all applications for amendments to this ordinance.

508.03. Application. Where an amendment to this ordinance is proposed by a property owner, an application therefore shall be filed with the city administrator; said application shall be accompanied by development plans, if any, for the use which requires the rezoning. The development plans shall show such information as may be reasonably required by the planning commission, including but not limited to those things listed below.

Such plans shall contain sufficient information for the community to determine whether the proposed development is in keeping with the intent and purpose of this ordinance and the comprehensive plan.

(1)

Site plan drawn to scale showing parcel and building dimensions.

(2)

Location of all buildings and their size, including square footage.

(3)

Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.

(4)

Landscaping and screening plans, including species and size of trees and shrubs proposed, if required by planning commission.

(5)

Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated within the area.

(6)

Type of business or activity and proposed number of employees.

(7)

Proposed floor plan and elevations of any building with use indicated.

(8)

Sanitary sewer and water plan with estimated daily flow rates.

(9)

Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made part of the application.

(10)

A location map showing the general location of the proposed use within the community.

(11)

A map showing all principal land use within 350 feet of the parcel for which application is being made, if required by planning commission.

The applicant shall supply proof of ownership of the property for which the amendment is requested consisting of an abstract of title or registered property certificate, certified by a licensed abstractor, together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership.

The application form shall be accompanied by an accurate list showing the names and the mailing addresses of the record owners of all the property within a minimum of 350 feet of the property for which the amendment is sought, verified as to accuracy by the applicant.

(Ord. No. 795, § 1, 2-4-08)

508.04. Public hearing.

(1)

The zoning administrator shall schedule a public hearing date for the application at the planning commission's next regular meeting; provided, however, that proper legal notice of the hearing can be registered before the next regular meeting of the planning commission. If the requirements regarding proper legal notice cannot be met, then such consideration may be at the second regular meeting after said filing. The public hearing shall be no more than 60 days after the date of filing of the application with the zoning administrator.

(2)

Notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the community and mailed to each of the owners of all property located within a minimum of 350 feet of the property described in the application and such other persons as the planning commission may direct, at least ten days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

(3)

The applicant or his representative shall appear at the public hearing in order to answer questions concerning the proposed use.

(Ord. No. 688, § VII, 4-4-94)

508.05. Planning commission report. The planning commission shall make its report on the application to the council, in writing, within 40 days after the public hearing, unless the applicant consents to extended consideration by the planning commission. The report shall recommend that the amendment be granted or denied and shall include the planning commission's recommendation as to any conditions to be imposed if the amendment is granted, including time limits or provisions for periodic review and shall state the reasons therefor.

If the planning commission fails to file a report with the city council within the time provided by this section, the application shall be referred to the council as herein provided, without report, after the time for filing the report has expired.

508.06. Council action on application. The council shall make its decision on the application within 60 days of the filing of the planning commission's report with the zoning administrator or after the last day for filing same, if no report is filed. The council shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the city administrator, who shall immediately mail a copy thereof, bearing the notation of the filing date, to the applicant.

508.07. Reapplication. No reapplication for zoning amendment shall be resubmitted for a period of three months from the date of the denial of a previous application.

508.08. Any application for amendment to this ordinance which relates to a specific tract of land shall be considered an application for a planned unit development permit under the provisions of section 507 of this ordinance and the provisions of that section 507 relating to applications for permit and review thereof shall be controlling over the provisions of this section 508; except where the application for amendment involves only a change in the boundaries of existing zoning districts or reclassification of land from one existing zoning classification to another existing classification.

508.09. Zoning and the comprehensive plan. Any amendment to this ordinance shall amend the comprehensive plan in accordance therewith. The planning commission shall inform the council of any zoning proposal which does not conform to the comprehensive plan and inform the council as to why the plan should or should not be amended.

508.10. Prior to approval of any zoning change not conforming to the comprehensive plan, a public hearing shall be conducted by the planning commission and the results noted in the minutes of the official proceedings. The public hearing required for the zoning change or amendment may also serve as the public hearing for an amendment to the comprehensive plan.

508.11. In granting or recommending any rezoning provided for in this ordinance, the zoning administrator, the planning commission or council shall find that the proposed development conforms substantially to the policies, goals and standards of the comprehensive plan.

509.01. Building permits and the building codes.

(1)

Building permits are issued by the building official under the direction of the city council.

509.02. Moving permits.

(1)

No building or structure which has been wholly or partially erected shall be moved into or within the City of Bayport unless a permit to move said building or structure has been obtained or provided herein. Any such building or structure proposed to be moved shall meet all requirements of the building code applicable to a new building or structure and shall meet all requirements of the zoning district provided herein.

(2)

Prior to the moving of any structure into or within the City of Bayport, the applicant shall provide the city with written acknowledgement from the owners of at least 75 percent of the land parcels within a radius of 350 feet of the boundaries of the land on which the building or structure is located. This acknowledgement must state that the applicant has reviewed the proposed plans with each landowner and that the landowner has the right to object or comment about the plans to the city.

(3)

A legal description of the premises from which the building will be moved shall be required.

(4)

A certificate of survey from a registered land surveyor showing the location of the building and lot shall be required.

(5)

The moving dates and hours must be approved by the police chief and pubic works director prior to moving a building or structure. A pre-approved route that indicates the highways, streets, and other property over which the building or structure is proposed to be moved shall be submitted to the city 15 days prior to the moving of a building or structure.

(6)

The applicant shall provide evidence (such as a bill of sale) that the lot (s) of which the building or structure is to be moved onto is free from mortgages, liens, or other encumbrances, and that all taxes and other charges against the lot (s) from which, the building is to be moved are currently paid.

(7)

The name of the licensed mover shall be submitted to the city prior to the move.

(8)

The applicant shall provide a bond or certified check from the property owner for $10,000.00 payable to the city to ensure that the structure is properly removed from the former property, located on the proposed property, and attached to the foundation in compliance with the permit and building code.

(9)

Written evidence of the necessary arrangements with all public utility companies whose wires, lamps, or poles are required to be moved or removed will be required and shall be submitted to the city prior to the move.

(10)

The applicant will be required to provide a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minnesota. The policy shall insure the applicant and name the City of Bayport as an insured in the sum of at least $100,000.00, or as determined by the city administrator.

(11)

The applicant shall agree to indemnify and hold harmless the City of Bayport and its agents and employees against any and all claims, demands, losses, damages, and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this agreement.

(Ord. No. 03-73, 10-6-03; Ord. No. 795, § 1, 2-4-08)

509.03. Septic permits. In areas without public sewer facilities, no building permit for any use requiring on-site sewage treatment and disposal shall be issued until a septic permit has first been issued. A septic permit shall be issued only after proof is furnished by the applicant that a suitable on-site sewage treatment and disposal system can be installed on the site. Such system shall conform to all of the community's requirements, including percolation tests and borings.

509.04. Driveway access permits. A driveway access permit to a public road shall be secured from the public agency with jurisdiction and maintenance responsibilities over the road, prior to the issuance of a building permit.

509.05. Grading permits. No person shall do any grading without first having obtained a grading permit from the building official except for the following:

(1)

Grading in an isolated, self-contained area if there is no danger apparent to private or public property.

(2)

An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure.

(3)

Cemetery graves.

(4)

Refuse disposal sites controlled by other regulations.

(5)

Excavations for wells or tunnels or utilities.

(6)

Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.

(7)

Exploratory excavations under the direction of soil engineers or engineering geologists.

(8)

An excavation which (a) is less than two feet in depth or (b) which does not create a cut slope greater than five feet in height and steeper than [the ratio of] 1½ horizontal to one vertical.

(9)

A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

509.06. Sign permits. Sign permits shall be required as stated in section 727 of this ordinance.

510.01. No person may change the use of any land (except for agricultural purposes or for construction of essential services and transmission lines), or occupy a new or structurally altered building used for nonagricultural use, after the effective date of this ordinance, unless he/she has first obtained a certificate of occupancy.

510.02. Application for a certificate of occupancy for a new building or for an existing building which has been so altered may be filed with the building official any time after the application for a building permit for such building. The certificate of occupancy shall be issued within ten days after the construction or alteration of such building or part thereof has been completed in conformity with the provisions of this ordinance and the building code.

Pending the issuance of said certificate, a temporary certificate of occupancy may be issued, subject to the provisions of the building code, for a period not to exceed 12 months during the completion of the erection or the alteration of such a 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 community 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. The use of any structure for which a building permit is required shall be considered a violation of this ordinance unless a certificate of occupancy has been issued.

510.03. Application for a certificate of occupancy for a new use of land shall be made to the building official before any such land shall be so used. Such certificate of occupancy shall be issued within ten days after this application if the use is in conformity with the provisions of this ordinance.

510.04. A record of all applications for and certificates of occupancy shall be kept on file by the city administrator.

511.01. There shall be an application fee for all applications made pursuant to the provisions of this ordinance as set by resolution of the governing body.

511.02. Permit fees. All applicants for zoning permits shall be required to accompany their application with appropriate fees, which shall be specified by city council resolution. The city council shall establish zoning permit fees by resolution for the following permits:

(a)

Planned use development (PUD):

1.

Preliminary review.

2.

PUD general development plan review.

(b)

Application for conditional use permit.

(c)

Application for variance.

(d)

Application for rezoning.

(e)

Application for amendment to comprehensive plan.

(f)

Reserved.

(g)

Environmental assessment worksheet (EAW) and environmental impact statement (EIS).

All fees shall be collected by the city prior to staff beginning work on an application.

(Ord. No. 674, §§ 2, 3, 9-8-92)

512.01. The city shall conduct environmental review associated with land use and development projects consistent with the state environmental quality board environmental review program as amended.

512.02. Applicants shall agree in writing as part of the application to reimburse the governing body prior to the issuance of any permits for all cost including city staff, legal and consultant fees incurred by the governing body in review of the applicants project and its impact on the community.

512.03. The applicant shall deposit with the city from time to time, an amount determined by the zoning administrator necessary to cover the cost associated with processing the application, including work associated with a EAW and/or EIS prior to the commencement of the review or stage of the review. The applicant shall reimburse the security fund for any deficits caused if the amount actually expended or billed to the city by staff members and/or consultants exceeds the security fund balance. The city shall refund any money deposited in the security fund and not expended within 30 days after final action on the application. The city shall not pay interest on such security deposits.

(Ord. No. 720, §§ 720.01—720.05, 11-3-97)