1. The city planner shall:
   1. Administer and enforce this title.
   2. Maintain permanent and current records of this title, including, but not limited to, all maps, amendments and conditional uses, variances, appeals and applications therefor.
   3. Receive, file and forward all applications for appeals, variances, conditional uses, amendments or other matters to the designated official bodies, and shall act as the official liaison between the planning commission and city council.
   4. Serve as chair of the development review committee.
   5. Designate appropriate city employees or consultants to act in his or her place. (Ord. 499, 8-16-1993)
2. The building official shall:
   1. Review and determine that all building permits and certificates of occupancy comply with the terms of this title.
   2. Be responsible for the periodic inspection of buildings and land uses within the city to ensure compliance with the terms of this title.
   3. Initiate in the name of the city any appropriate actions or proceedings against any violator of this title, as provided by law.
   4. Designate appropriate city employees or consultants to act in his or her place. (Ord. 1196, 4-6-2010)
      

The Development Review Committee (DRC) shall consist of the city planner, director of public works/city engineer, building official, fire marshal, crime prevention officer, economic development coordinator, director of parks and natural resources. Each member may designate an appropriate city employee to act in his or her place. The DRC shall determine technical conformance of proposed developments with the requirements of this title. The DRC shall also review and make recommendations to the planning commission and city council regarding all other requests for land use related applications including, but not limited to, applications for variances, conditional uses, text amendments and zoning district changes. (Ord. 1196, 4-6-2010)

1. Certificate Of Occupancy Required: No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building official stating that the building or structure complies with this title and applicable state building code sections.
2. Application: The certificate of occupancy shall be applied for coincident with the application for a building permit, conditional use permit and/or variance, and shall be issued within ten (10) days after the building official finds the building or structure satisfactory and passed final inspection. The application shall be accompanied by a fee as established by city council ordinance. (Ord. 1196, 4-6-2010)

1. Purpose: The city council may grant a variance from the strict application of this title and impose conditions and safeguards on the variance so granted only in instances where their strict enforcement would cause practical difficulties in complying with the official control because of circumstances unique to the individual property under consideration, and may grant a variance only when it is demonstrated that such actions will be in harmony with the general purposes and intent of this title and when the variances are consistent with the comprehensive plan. "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. Practical difficulties also includes, but is not limited to, direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the official controls. A variance shall not be granted to allow a use that is not allowed in the zoning district involved.
   
   The city council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
2. Application: An application for a variance shall be filed with the city planner and shall state the unique circumstances claimed as a basis for the variance. The application shall contain at least the following information:
   1. The signature of each owner of affected property or his agent.
   2. The legal description of the property and the common address.
   3. A description of the variance requested and a statement demonstrating that the variance would conform to the requirements necessary for approval.
   4. The present use.
   5. Any maps, drawings and plans that the city planner considers to be of value in considering the application.
3. Referral To Planning Commission: The application shall be referred to the planning commission for study concerning the effect of the proposed variance upon the comprehensive plan, and upon the character and development of the surrounding neighborhood. The planning commission shall make a recommendation to the city council to grant or deny the variance, and may recommend imposing conditions in the granting of the variance. The conditions may include considerations such as location, character and other features of the proposed building.
4. Approval; Denial: Variances require the approval of a majority vote of the city council. Variances may be denied by motion of the city council and such motion shall constitute a determination that the findings required for approval do not exist. No application for a variance which has been denied in whole or in part shall be resubmitted within six (6) months of the date of the order of denial, except upon grounds of new evidence or upon proof of change of conditions. The city council may impose conditions upon the granting of a variance. The conditions may include considerations such as location, aesthetics and other features of the proposed buildings. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
5. Decision Period: All applications shall be reviewed consistent with Minnesota statutes section 15.99.
6. Revocation: A violation of any condition attached to the approval of a variance shall constitute a violation of this title and shall constitute sufficient cause for the termination of the variance by the city council.
7. Expiration: If the development does not proceed within one year of the date on which the variance was granted, such variance shall become void, except that, on application, the city council may extend the variance for such additional period as it deems appropriate. (Ord. 1245, 9-6-2011)
   

1. Purpose: "Conditional use" means a land or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that: 1) certain conditions as detailed in the zoning ordinance exist, and 2) the use or development conforms to the comprehensive land use plan of the city and 3) is compatible with the existing neighborhood. (Ord. 1236, 6-21-2011)
2. Application, Public Hearing, Notice And Procedure: The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in section 10-5-6 of this chapter, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submittals required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use, building mapping and functions, circulation and parking areas, planting areas and treatment, sign locations and type, basic lighting concerns, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. (Ord. 1196, 4-6-2010)
3. Standards: The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location:
   1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city.
   2. Will be harmonious with the general and applicable specific objectives of the city's comprehensive plan and this title.
   3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.
   4. Will not be hazardous or disturbing to existing or future neighboring uses.
   5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.
   6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
   7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
   8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic on surrounding public thoroughfares.
   9. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
   10. Will not depreciate surrounding property values. (Ord. 499, 8-16-1993)
4. Conditions: In reviewing applications for conditional use permits, the planning commission and the council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following:
   1. Controlling the number, area, bulk, height and location of such uses.
   2. Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.
   3. Regulating off street parking and loading areas where required.
   4. Utilities with reference to location availability and compatibility.
   5. Berming, fencing, screening, landscaping or other facilities to protect nearby property.
   6. Compatibility of appearance.
   7. Regulating hours and dates of operation.
   In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses. (Ord. 1316, 4-8-2014)
5. Denial For Noncompliance: If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the ways in which the proposed use does not comply with the standards required by this title.
6. Permittee: A conditional use permit shall be issued for a particular use and not for a particular person.
7. Periodic Review: A periodic review of the use may be attached as a condition of approval of a conditional use permit.
8. Revocation: Failure to comply with any condition set forth in a conditional use permit, or any other violation of this title, shall be a misdemeanor and shall also constitute sufficient cause for the termination of the conditional use permit by the City Council following a public hearing.
9. Expiration: If substantial construction has not taken place within one year of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate. If the conditional use is discontinued for six (6) months, the conditional use permit shall become void. This provision shall apply to conditional use permits issued prior to the effective date of this title, but the six (6) month period shall not be deemed to commence until the effective date of this title. (Ord. 499, 8-16-1993)
10. Minor Alterations: Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Development Review Committee (DRC) if they are consistent with the purposes and intent of the approved CUP and as provided below:
    1. No change may increase the footprint of any building or structure by more than thirty percent (30%).
    2. Changes to building exteriors and building materials, construction of accessory trash enclosures and sheds, changes to signage, lighting, parking, landscaping and adding sidewalks/trails or altering their alignment are permitted to the extent there are no specific conditions in the approving CUP documents and any such changes are in compliance with this title.
    3. Any other changes to the CUP must be authorized by an amendment to the CUP pursuant to the public hearing process outlined in section 10-5-6 of this title. (Ord. 1467, 9-18-2018)
       

1. Purpose: The purpose and intent of allowing interim uses is: 1) to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive guide; and 2) to allow a use that is presently acceptable but that, with anticipated development, will not be acceptable in the future.
2. Application, Public Hearing, Notice And Procedure: The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for zoning amendments as provided in section 10-5-6 of this chapter. (Ord. 499, 8-16-1993)
3. Standards: The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permits only if it finds that such use at the proposed location:
   1. Meets the standards of a conditional use permit set forth in section 10-5-5 of this chapter.
   2. Conforms to the zoning regulations, performance standards and other requirements.
   3. Is allowed as an interim use in the zoning district.
   4. Will terminate upon a date or event that can be identified with certainty.
   5. Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future.
   6. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. (Ord. 1196, 4-6-2010)
4. Termination: An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs:
   1. The date stated in the permit; or
   2. A violation of conditions under which the permit was issued; or
   3. A change in the City's zoning regulations which renders the use nonconforming. (Ord. 499, 8-16-1993)
      

1. Initiation: Amendments of this title may be initiated by:
   1. A petition of the owner or owners of the property, the zoning of which is proposed to be changed.
   2. A recommendation of the Planning Commission.
   3. By action of the City Council.
2. Application: Except for minor amendments for which information requirements shall be established by the city planner, amendments initiated by the petition of property owners shall be filed in the planning department and include the following information:
   1. A generalized location map showing the location of the proposed site in relation to the city.
   2. A scale plot plan, with north indicated, of the proposed site showing all site dimensions.
   3. All types of proposed uses.
   4. Location of all buildings and structures on the proposed site.
   5. Elevation drawings or illustrations indicating the architectural treatment of all proposed buildings and structures.
   6. Any plans for the modification of standards set by this title or any other provision of this code.
   7. Location and size of all required parking spaces.
   8. Landscape plan subject to chapter 30A of this title.
   9. General floor plans of all proposed buildings and structures.
   10. Indication of location, size and type of facilities for the storage of trash and waste materials.
   11. Design layout and size of all proposed signs.
   12. Drainage plan of the proposed site.
3. Public Hearing; Notice And Procedure: The planning commission shall hold at least one public hearing affording an opportunity for all parties interested to be heard and shall give not less than ten (10) days' nor more than thirty (30) days' notice of time and place of such hearing, and of the expected date of city council consideration, published in the designated legal newspaper for the city. Such notice shall also contain the description of the land and the proposed zoning changes. When an amendment involves changes in district boundaries of an area of five (5) acres or less, at least ten (10) days before the hearing, the city planner, on behalf of the planning commission chair, shall mail an identical notice to the owner and to each of the property owners situated wholly or partly within three hundred fifty feet (350') of the outside boundaries of the land proposed to be rezoned. When an apartment building owner is notified, a notice shall also be sent to the apartment manager for posting, and when a nonlocal business owner is notified, a notice shall also be sent to the local business address. The applicant shall post a sign on the property indicating a rezoning proposal is under consideration. The sign shall be posted on the property at least ten (10) days prior to the hearing before the planning commission. Failure to post the notice or to properly mail the notice, or failure of the property owners to receive the notice shall not invalidate the proceedings.
4. Action By Planning Commission: The city council shall not rezone any land or make any other amendment to this title without having first referred it to the planning commission for their consideration and recommendation. The planning commission shall make a written report to the city council stating its findings and recommendations.
5. Action By City Council: The city council shall consider the amendment at the next available city council meeting after the receipt of the report and recommendations from the planning commission. Failure to receive a report from the planning commission as herein provided shall not invalidate the proceedings or actions of the city council.
   
   The city council may continue its consideration for further investigation. The council may also request further information from the staff and planning commission. Upon conclusion of its consideration, the city council shall consider findings for either approval, denial or approval with modification.
6. Approval; Denial: This title may be amended by a three-fifths (3/5) simple majority vote of the entire city council. Zoning district changes from residential classification to commercial or industrial classifications may be amended by a four-fifths (4/5) vote of the entire council. All other zoning district changes may be amended by a three-fifths (3/5) vote of the entire city council. Refusal to amend this title shall constitute a finding and determination that the proposed amendment is not consistent with the goals and policies of the comprehensive plan. No application which has been denied wholly or in part shall be reconsidered for a period of six (6) months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions.
7. Decision Period: All applications shall be reviewed consistent with Minnesota Statutes section 15.99. (Ord. 1226, 1-18-2011)
   

A certified copy of approved conditional use permits, interim use permits, planned unit development agreements, and variances shall be filed with the County Recorder or Registrar of Titles. (Ord. 1454, 4-17-2018)

1. At any time within 30 days after the City Planner, Development Review Committee or other City employee or committee makes a decision under the provisions of this title, except in connection with prosecution for violations thereof, the applicant or other person affected thereby may appeal the decision by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made.
2. The Planning Commission shall conduct a public hearing on the appeal and make a recommendation to the City Council.
3. The City Council, acting as the Board of Adjustment and Appeals, shall conduct a public hearing and make the final determination.
4. Notice of the hearing before the Planning Commission and City Council shall be mailed to all appellants. In all cases involving determination of district boundary lines, or interpretation of the text of this title, 10 days' published notice of hearing in the official newspaper shall be given. (Ord. 1189, 1-19-2010)

The fees required for processing applications and appeals shall be as established by the City Council from time to time. In addition, the applicant shall be required to reimburse the City for all out of pocket expenses the City incurs in having consultants and its attorneys review the application. The City may require a deposit on the anticipated costs before processing the application. (Ord. 1316, 4-8-2014)

1. Prior to the City processing or approving any land use, zoning application, or permit under the City's official controls, the applicant shall provide to the City written certification that the following statements are true for the property for which the application relates:
   1. There are no delinquent Property Taxes, special assessments, interest, or City utility fees due; and
   2. There are no unpaid City inspections fees; and
   3. There are no unpaid City rental license fees; and
   4. There are no unpaid City reinspection fees.
2. No applications or permits shall be processed until outstanding amounts are paid in full.
3. Property Taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this section provided all required payments that are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid. (Ord. 1353, 9-8-2015)