The director of community development or designee shall serve as the zoning administrator. The zoning administrator shall enforce this subpart.

(1)

Oversee issuance of building and other permits, and make and maintain records thereof.

(2)

Conduct inspections of buildings and use of land to determine compliance with the terms of this subpart.

(3)

Maintain permanent and current records of this subpart, including, but not limited to, all maps, amendments, and conditional uses, variances, appeals and applications.

(4)

Receive, file, and forward all applications for appeals, variances, special uses or other matters to the designated official bodies.

(Code 2004, pt. 3, § 27.01; Ord. No. 20-2447, 7-20-2020)

(a)

The city council has established, for the city, a planning commission, which also may be known as the commission.

(b)

The planning commission is an advisory board to the city council. The planning commission shall review, hold public hearings, and make recommendations to the city council on all applications for zoning amendments, conditional use permits, and variances, using the criteria in sections 101-3(a), 101-4(a) and 101-5(a), as amended from time to time. The planning commission shall also prepare and recommend a comprehensive plan for the development of the city, study and make recommendations to the city council as regards means to carry out and maintain the comprehensive plan and regulations thereto. The commission shall prepare and recommend to the proper officials of the municipality, needed capital improvements consistent with the comprehensive plan for the city. The commission shall conduct hearings, study, and recommend to the city council, a zoning code and such amendments thereto as may, from time to time, be proposed.

(c)

Hearings by the planning commission shall be held within such time and upon such notice to interested parties as provided in this subpart and its adopted rules for the transaction of its business.

(d)

The planning commission is established as a board of adjustments and appeals for the city. The decisions of the board on matters within its jurisdiction are advisory to the city council. The board shall have the powers hereinafter set forth.

(1)

To hear appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of city zoning regulations.

(2)

To hear requests for variances from the literal provisions of city zoning regulations in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to recommend granting such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of city zoning regulations. The board may not recommend the granting of a variance for any use that is not permitted under city zoning regulations for property in the zone where the affected person's land is located. The board may impose conditions in the recommendation for a variance to ensure compliance and to protect adjacent properties. A hearing on a request for a variance to city zoning regulations shall comply with the applicable provisions of city zoning regulations.

(3)

To hear appeals to the denial of permits found to be in conflict with the official map as described in M.S.A. § 462.359.

(e)

Hearings before the board, pursuant to the provisions of subsections (d)(1) and (3) of this section shall be preceded by the following: Notice of the purpose, time, and place of such hearing shall be published in the official newspaper of the city at least ten days prior to the hearing and a similar notice shall be mailed to the affected property owner, who is the appellant, at least ten days before the day of the hearing. For the purpose of giving notice, the city may use any appropriate records to determine the name and address of the affected property owner.

(f)

The board shall within a reasonable time make its recommendation as to the matter before it and shall serve a copy of such recommendation upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. The board may adopt rules for the conduct of the hearings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the actions taken on each matter heard by it, including the final recommendation.

(g)

Compensation of members; expenses. The members of the planning commission/board shall receive as compensation such remuneration as set by council action, and the board may, with the consent of the council, incur expenses that are deemed necessary.

(Code 2004, pt. 3, § 27.02; Ord. No. 88-1112, 1-5-1989; Ord. No. 95-1557, 5-18-1995; Ord. No. 96-1628, 1-2-1997; Ord. No. 15-2319, 7-9-2015; Ord. No. 19-2442, 1-6-2020; Ord. No. 20-2447, 7-20-2020; Ord. No. 25-2569, § 27.02, 1-6-2025)

(a)

Criteria for granting zoning/comprehensive plan amendments. The city council may adopt amendments to city zoning regulations, the zoning map, and the comprehensive plan relative to land uses within a particular district or to the location of the district lines. Zoning amendments shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.

(b)

Type of amendments. The following are the types of zoning and comprehensive plan amendments:

(1)

A change in the district's boundary.

(2)

A change in a district's regulations.

(3)

A change in any other provision of this subpart.

(4)

A change in the comprehensive plan.

(5)

Establishment of an agricultural preserve.

(c)

Initiation of proceedings. Proceedings for amending this subpart shall be initiated by at least one of the following three methods:

(1)

By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed.

(2)

By recommendation of the planning commission.

(3)

By action of the city council.

(d)

Required exhibits for rezoning, district regulation changes, or comprehensive plan amendments.

(1)

A boundary line survey.

(2)

A general development plan showing the potential development of the property, indicating proposed streets, buildings, drainage, and landscaping.

(3)

Other information as required by staff.

(e)

Procedure. The procedure for a property owner to initiate a rezoning, district regulation change or comprehensive plan amendment is:

(1)

The property owner or the owner's agent shall meet with the zoning administrator to explain the proposal, obtain procedures, and an application form.

(2)

For all comprehensive plan amendments, the applicant shall file a concept plan review request form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council. For zoning amendments, applicants may request review by submitting the concept plan review form with exhibits and paying the filing fee. All concept plan review packets may be forwarded to the city council for consideration at a regular meeting or workshop to allow the city council an opportunity to provide comments and feedback to the applicant regarding the request. Council review and comments relating to the concept review is advisory in nature and does not constitute any form of approval of the project.

(3)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council. All applications for rezoning or comprehensive plan amendment shall be received in the office of community development no later than 30 days prior to a planning commission meeting. Applications submitted for comprehensive plan amendments that have not provided the city with a complete concept plan review form and exhibits shall be considered incomplete until the concept plan review form and exhibits have been provided.

(4)

The zoning administrator shall transmit the application and the required exhibits to the planning commission.

(5)

The zoning administrator shall set the date for the public hearing and shall have notices of such hearing published in the legal newspaper at least once, not less than ten days and not more than 30 days prior to said hearing in accordance with M.S.A. § 462.357, subd. 3.

(6)

The zoning administrator shall see that a similar notice shall be mailed at least ten days before the day of the hearing to all property owners of record within 350 feet of the exterior boundaries of the property in accordance with M.S.A. § 462.357, subd. 3.

(7)

The planning commission shall hold the public hearing and then shall recommend one of three actions: approval, denial, or conditional recommendation.

(8)

The planning commission shall transmit its recommendation to the city council for its official action.

(9)

The council shall act upon the application after receiving the recommendation of the planning commission. A two-thirds majority of councilmembers must vote in the affirmative to approve certain amendments, as designated in M.S.A. §§ 462.355 and 462.357.

(10)

No application of a property owner for an amendment to the text of the zoning ordinance, zoning map, or comprehensive plan shall be considered by the planning commission within a one-year period following a denial of such request, except that the planning commission may permit a new application, if, in the opinion of the planning commission, new evidence or a change of circumstances warrant it.

(Code 2004, pt. 3, § 27.03; Ord. No. 86-939, 4-3-1986; Ord. No. 04-2035, 12-16-2004; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 27.03, 12-18-2023)

(a)

Criteria for granting conditional use permits. In granting a conditional use permit, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the council shall consider the following findings where applicable:

(1)

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)

The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district.

(3)

The use shall have an appearance that will not have an adverse effect upon adjacent properties.

(4)

The use, in the opinion of the city council, shall be reasonably related to the overall needs of the city and to the existing land use.

(5)

The use shall be consistent with the purposes of this subpart and purposes of the zoning district in which the applicant intends to locate the proposed use.

(6)

The use shall not be in conflict with the comprehensive plan of the city.

(7)

The use will not cause traffic hazard or congestion.

(8)

The use shall have adequate utilities, access roads, drainage and necessary facilities.

(b)

Permits to remain with property. Conditional use permits shall remain with the property, and not the applicant, as long as the property and use are in compliance with the conditions attached to the permit.

(1)

A conditional use permit shall expire if the use is discontinued for a period of more than one year.

(2)

A conditional use permit shall be recorded pursuant to M.S.A. § 462.3595.

(c)

Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the city council may impose, in addition to these standards and requirements expressly specified by this subpart, additional conditions which the city council considers necessary to protect the best interest of the surrounding area or community as a whole. These conditions may include, but are not limited to, the following:

(1)

Increasing the required lot size or yard dimension.

(2)

Limiting the height, size or location of buildings.

(3)

Controlling the location and number of vehicle access points.

(4)

Increasing the street width.

(5)

Increasing the number of required off-street parking spaces.

(6)

Limiting the number, size, location or lighting of signs.

(7)

Requiring additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(8)

Designating sites for open space.

(9)

Enhanced building materials or architectural design.

The zoning administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and conditions imposed by the city council such as review dates, and other information as may be appropriate.

(d)

Required exhibits for a conditional use permit. The following exhibits shall be required:

(1)

A boundary line survey.

(2)

A general development plan showing the potential development of the property, including proposed streets, buildings, landscaping, and drainage.

(3)

Any other information as required.

(e)

Procedure. The procedure for obtaining a conditional use permit is as follows:

(1)

The property owner or the owner's agent shall meet with the zoning administrator to explain the proposal, learn the procedures, and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council. All applications for a conditional use permit must be received in the office of community development 30 days prior to a planning commission meeting.

(3)

The zoning administrator shall transmit the application to the planning commission and shall notify all property owners of record within 350 feet of the exterior boundaries of the property in question and within 350 feet of all contiguous property under common ownership.

(4)

The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in legal newspaper, not less than ten days and not more than 30 days prior to said hearing.

(5)

The planning commission shall hold the public hearing and determine possible adverse effects of the proposed conditional use and determine what additional requirements may be necessary to reduce such adverse effects and recommend to the city council one of three actions:

a.

Approval;

b.

Denial; or

c.

Conditional approval.

(6)

The planning commission shall transmit its recommendation to the city council for its official action.

(7)

The city council shall take appropriate action on the request for conditional use permit after receiving the recommendations by the planning commission. If it grants a conditional use permit, the city council may impose conditions it considers necessary to protect the public health, safety, and welfare.

(8)

Zoning administrator may transmit the application directly to the city council to hold the public hearing following the notice procedure outlined in subsections (e)(3) through (5) of this section.

(f)

Revocation of conditional use permits.

(1)

Where a conditional use permit has been issued pursuant to provisions of this subpart, such permit shall become null and void without further action by the planning commission or city council unless construction commences within one year of the date of granting such conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than one year.

(2)

If the applicant violates any of the conditions set forth in the permit, the city council shall have the authority to revoke the conditional use permit following a public hearing. In addition to a potential revocation of the conditional use permit, the city may issue a citation for a violation of any of the conditions set forth in the permit, pursuant to section 101-7(d).

(Code 2004, pt. 3, § 27.04; Ord. No. 88-1067, 2-4-1988; Ord. No. 04-2035, 12-16-2004; Ord. No. 11-2227, 8-4-2011; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 27.04, 12-18-2023)

(a)

Criteria for granting interim use permits. An interim use permit allows a temporary use that is not designated as permitted or conditionally permitted but is acceptable for a limited period of time, subject to conditions. The city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the council shall consider the following findings where applicable:

(1)

The proposed use will not impose additional costs on the public if it is necessary for the public to take the property in the future;

(2)

The proposed use will not create an excessive burden on parks, streets, and other public facilities; and

(3)

The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare.

(b)

Termination. Interim use permits shall terminate upon the specified termination date or whenever the use is discontinued for more than one year. The city council may impose conditions requiring termination prior to the termination date, including, but not limited to, the platting of neighboring property.

(c)

Additional conditions. In permitting a new interim use or the alteration of an existing interim use, the city council may impose, in addition to these standards and requirements expressly specified by this subpart, additional conditions which the city council considers necessary to protect the best interest of the surrounding area or community as a whole. These conditions may include, but are not limited to, the following:

(1)

All conditions listed in section 101-4(c);

(2)

Termination date;

(3)

Conditions requiring termination prior to the termination date.

(d)

Procedure. The procedure for obtaining an interim use permit and the exhibits required for making an application shall be the same as for a conditional use permit, as provided in section 101-4(d) and (e).

(e)

Revocation of interim use permits. If the applicant violates any of the conditions set forth in the permit, the city council shall have the authority to revoke the interim use permit following a public hearing. In addition to a potential revocation of the interim use permit, the city may issue a citation for a violation of any of the conditions set forth in the permit, pursuant to section 101-7(d).

(Code 2004, pt. 3, § 27.05; Ord. No. 20-2447, 7-20-2020)

(a)

Criteria for granting variances. A variance to the provision of city zoning regulations may be issued by the city council to provide relief to the landowner in those cases where this subpart imposes practical difficulty on the property owner in the use of said owner's land. No use variances may be issued.

(1)

Variances shall only be permitted:

a.

When they are in harmony with the general purposes and intent of this subpart; and

b.

When the variances are consistent with the comprehensive plan.

(2)

Variances may be granted when the applicant for the variances establishes that there are practical difficulties in complying with the zoning. Practical difficulties, as used in connection with the granting of a variance, means that:

a.

The property owner proposes to use the property in a reasonable manner not permitted by this subpart;

b.

The plight of the landowner is due to circumstances unique to the property not created by the landowner;

c.

The variance, if granted will not alter the essential character of the locality;

d.

Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems; and

e.

The variance requested is the minimum variance which would alleviate the unique circumstances.

(b)

Restrictions and conditions. The city council may impose such restrictions and conditions upon the premises benefited by the variance as may be necessary to comply with the standards established by this subpart, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

(c)

Required exhibits for variances.

(1)

The boundary survey and preliminary building and site development plan.

(2)

Any other information as required.

(d)

Procedures. The procedure for obtaining a variance from the regulations of this subpart are as follows:

(1)

The property owner or the owner's agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council. Applications for variance must be submitted to the office of community development no later than 30 days prior to a planning commission meeting.

(3)

The zoning administrator shall transmit the application to the planning commission and shall notify all property owners of record within 350 feet of the exterior boundaries of the property in question and within 350 feet of all contiguous property under common ownership.

(4)

The planning commission shall hold the public hearing and determine possible adverse effects of the variance and determine what additional requirements may be necessary to reduce such adverse effects and recommend to the city council one of three actions:

a.

Approval;

b.

Denial; or

c.

Conditional approval.

(5)

The planning commission shall transmit its recommendation to the city council for its official action.

(6)

The city council shall take appropriate action on the request for a variance after receiving the recommendations by the planning commission.

(7)

No application by a property owner for a variance shall be submitted to the planning commission within a 12-month period following denial of such request, except that the planning commission may permit a new application if, in the opinion of the planning commission, new evidence or a change of circumstances warrant it.

(8)

The city council may revoke a variance if any conditions established by the city council, as part of granting the variance request, are violated.

(e)

Expiration. When a variance has been issued pursuant to the provisions of this subpart, the variance shall become null and void without further action by the planning commission or city council unless construction relative to the variance commences within one year of the date of granting the variance. If a variance ceases to exist for a period of more than one year, it shall also expire without further action by the city.

(Code 2004, pt. 3, § 27.06; Ord. No. 85-921, 1-2-1986; Ord. No. 88-1065, 2-4-1988; Ord. No. 04-2035, 12-16-2004; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022)

(a)

Zoning administrator. The director of community development shall serve as the zoning administrator. The zoning administrator shall enforce this subpart and shall perform the following duties:

(1)

Enter upon land or within a building during reasonable working hours as found necessary to fulfill the duties as administrator of this subpart.

(2)

Conduct inspections of buildings, structures, and uses of land, to determine compliance with the terms of this subpart.

(3)

Maintain permanent and current records of this subpart, including, but not limited to, the following: all maps, amendments, conditional use permits, variances, appeals, nonconforming uses, planned unit developments, and other applications thereto.

(4)

Receive, file, and forward to the planning commission all applications for amendments, appeals, variances, conditional use permits, planned unit developments, and other matters which these bodies are required to consider under this subpart.

(5)

Institute, in the name of the city, appropriate actions or proceedings against a violator as provided by law.

(6)

Establish and enforce necessary or desirable regulations in writing, clarifying or explaining any provision of this subpart.

(7)

Provide such clerical, technical, and professional assistance as may be required by the planning commission in the exercise of their duties.

(b)

Building permit.

(1)

Required. No person shall erect, alter, remodel, wreck or move any kind of a structure or building or part thereof without first securing a building permit.

a.

Single- and two-family home permits. Applications for building permits shall be made with the building permit forms available from the zoning administrator and shall be accompanied by building plans and a certificate of survey. Building permits shall not be issued prior to receipt of permit fees established by the city council.

b.

Site plan. All applications for commercial, industrial, institutional, apartments, attached townhomes, or detached townhomes must secure site plan approval in addition to required building permits. Building permits shall not be issued prior to approval of the site plan by the zoning administrator or designee. All applications shall be accompanied by the following materials:

1.

Certificate of survey. The survey shall be drawn to an established scale indicated on the survey and indicate all existing structures and site improvements.

2.

Site plan. The site plan shall include the location of all proposed buildings and their proposed uses; location of driveways and parking areas; front, side and rear setbacks; location, size, and purpose of all easements; location and size of existing buildings and structures on site and within the distance of 100 feet from the property; location of refuse areas; location of outdoor storage areas.

3.

Tree preservation plan. The plan shall include all requirements of section 129-9.

4.

Landscape plan. The plan shall include all requirements of section 129-7.

5.

Grading and drainage plan. Grading and drainage plan shall contain existing and proposed grades with a minimum of two-foot contour intervals to a known datum. All proposed stormwater management facilities, roadway gradients, flood hazard zones, and spot elevations on parking lots and curblines must also be shown on the grading plan. The grading and drainage plan must also comply with the requirements of section 129-15(g).

6.

Utilities plan. Utilities plan shall indicate the location of existing and proposed water and sanitary sewer lateral and service locations and size of pipe. Other utilities information required as requested by the city engineer.

7.

Lighting and photometric plan. The lighting plan shall include detail drawings for all proposed lighting fixtures and a photometric plan depicting the extent of lighting within and beyond the property lines.

8.

Floor plans. Floor plans shall indicate the square footage and dimensions of all proposed rooms and areas identifying the proposed uses.

9.

Elevations. Elevations shall include specification of colors and materials to be used. A material board including samples of the proposed materials shall be submitted upon request of the zoning administrator.

(2)

Plans drawn to scale. All plans to be drawn to an established engineering scale and prepared by a registered architect, engineer, landscape architect, or surveyor.

(c)

Procedure. All building permits shall be issued by the building official following review and approval by the zoning administrator of the site plan for conformity with the city's present development code and comprehensive land use plan. The zoning administrator may submit the application to the administrative review committee for review.

(d)

Violations and penalties.

(1)

Any person or entity who shall violate or refuse to comply with any condition of a conditional use permit or any other provisions of this subpart shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed 90 days, or both, together with the cost of prosecution.

(2)

In addition to the potential criminal sanctions set forth above, a violation of any condition of a conditional use permit will result in revocation of such permit by the city council, following public hearing.

(3)

Notice and public hearings of violations and termination proceedings and all nonconforming, conditional, incompatible, accessory, special uses, or home occupation uses, notice of hearing shall be given by the city council to the interested parties by certified mail or in lieu thereof one legal published notice at least ten days before the public hearing date, which notice shall be given by the city council within a reasonable time.

(Code 2004, pt. 3, § 27.07; Ord. No. 20-2447, 7-20-2020)

(a)

Improvements required—Agreement providing for proper installment of improvements. Prior to installation of any required improvements and prior to issuance of a building permit, the developer shall complete a detailed cost estimate of proposed site improvements on a city form titled, "The Work," and shall enter into a contract in writing, called the site improvement performance agreement, with the city (on file in the office of community development), requiring the developer to furnish and construct said site improvements at the developer's sole cost and in accordance with the plans and specifications and usual contract conditions, all approved by the city council. The contract shall provide that the developer will assure the city that the improvements and utilities will be constructed and installed according to the specifications approved by the city council. The developer shall secure the city by a cash deposit, certified check, or in lieu thereof, by furnishing a letter of credit or performance bond as hereinafter set forth in subsection (b) of this section.

(b)

Improvements required—Financial guarantees required by performance bond. The contract provided by subsection (a) of this section shall require the developer to make a cash deposit, certified check, or in lieu thereof, furnish the performance bonds as follows:

(1)

Requirement and filing of financial guarantees.

a.

The developer shall provide cash deposit equal to at least ten percent of the cost of the improvements with any difference between the cost of the improvements and the cash deposit guaranteed by a letter of credit or performance bond with the city listed as beneficiary. These guarantees shall be filed with the city prior to issuance of a building permit. Items covered by these guarantees include:

1.

Lighting;

2.

Fences, screen structures;

3.

Trash disposal enclosures;

4.

Curbing, islands, delineators;

5.

Storm drainage system, sewers, catchbasins, culverts, swales;

6.

Public trail or sidewalk construction;

7.

Grading;

8.

Paving;

9.

Private trail and sidewalk construction;

10.

Driveway, curb cut, parking lot, fire lane construction;

11.

Water mains, hydrants, sanitary sewers;

12.

Landscaping;

13.

Sod and seed;

14.

Trees;

15.

Other plantings and materials;

16.

Site grading, berming (except public trail grading);

b.

These financial guarantees are for all of the improvements to be furnished and installed by the developer, pursuant to the contract.

(2)

One-time reduction. The developer may request a one-time reduction in the financial guarantee, provided there has been substantial progress shown in completion of the proposed plans.

(c)

Single-family landscape escrows.

(1)

An escrow deposit shall be made prior to permit issuance for all single-family homes, in an amount determined by the city council. That escrow shall guarantee completion of landscaping, final grade, curb stop adjustment, and any other work required by ordinance or development agreement. An additional escrow deposit shall be required prior to the issuance of a certificate of occupancy if landscaping work has not been completed between May 15 and October 15 of any year, in an amount determined by the city council. The costs of inspections occurring after the issuance of a certificate of occupancy shall be deducted from that escrow, in the amounts identified in the fee schedule. Additional fees may be charged by the city for work that is not completed within the required timeframe.

(2)

If escrow related work is not completed within the time period required by the city, the zoning administrator may authorize escrow account closure. Written notification to the escrow payor will be made by regular and certified mail to payor's last known address at least 30 days in advance of account closure. Closed accounts will be used by the city to complete unfinished items with any unused balance dispersed to the current owner of the property.

(Code 2004, pt. 3, § 27.08; Ord. No. 86-957, 7-10-1986; Ord. No. 99-1812, 9-16-1999; Ord. No. 20-2447, 7-20-2020; Ord. No. 23-2535, § 27.08, 12-18-2023)

All permit fees, application fees, planning fees, administrative fees and other charges for services under this subpart shall be set in accordance with a fee schedule adopted by resolution of the city council.

(Code 2004, pt. 3, § 27.09; Ord. No. 90-1184, 2-1-1990; Ord. No. 20-2447, 7-20-2020)

An aggrieved person wishing to seek review of an action pursuant to M.S.A. § 462.361, subd. 1, may file an appeal with the county district court. No appeal shall be effective unless it is served and filed within 60 days as follows:

(1)

For an appeal from the adoption or amendment of an ordinance, rule, or regulation, from the effective date of the ordinance from which this subpart is derived;

(2)

For an appeal from an order, from the issuance of the order;

(3)

For an appeal from any other decision governed by this section or referenced in M.S.A. § 462.361, subd. 1, from the decision of the city council.

(Code 2004, pt. 3, § 27.10; Ord. No. 22-2514, 12-19-2022)

(a)

When an environmental assessment worksheet (EAW), alternative urban areawide review (AUAR), or environmental impact statement (EIS) is required or otherwise ordered or submitted, the applicable review procedures shall be as set forth in the Minnesota Environmental Quality Board (environmental quality board) regulations for the environmental review program, as authorized by Minnesota Statutes and specified in Minn. R. ch. 4410.

(b)

An EAW, AUAR, or EIS application, together with the completed data portions of the environmental document, shall be accompanied by a fee as established by the city council. The application shall be processed and transmitted to the city council for appropriate action by the city engineer.

(c)

Applications for land use approvals requiring an EAW shall be considered incomplete until the responsible governmental unit (RGU) makes a negative declaration on the need for an EIS. Applications for land use approvals requiring an EIS shall be considered incomplete until the EIS has been determined to be adequate by the RGU or EQB. Applications for land use approvals requiring an AUAR shall be considered incomplete until the AUAR has been determined to be adequate by the EQB.

(Ord. No. 23-2535, § 27.11, 12-18-2023)