No Building or other Structure shall be erected, moved, added to, or structurally altered; nor shall any Building, Structure, or land be established or changed in use without zoning approval issued by the Zoning Administrator. Zoning approval shall be issued only in conformity with the provisions of this Ordinance unless the Zoning Administrator receives a written order from the City Council deciding an appeal, Conditional Use or Variance, or approving as provided by this Ordinance. A property survey is required if a building or other structure is placed within thirty (30) feet of the property line.

No Building or other Structure for Agricultural Use shall be erected, moved, added to, or structurally altered without an Agricultural Use Zoning Permit. The application for an Agricultural Use Zoning Permit shall be made and signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. Each application shall clearly state that the permit shall expire and be revoked if work has not begun within one (1) year or substantially completed within two and one-half (2-1/2) years except for where the completion date is extended to five (5) years. The following information is the minimum required:

   A.   Name, address, and phone number(s) of applicant.

   B.   Accurate legal description of property and a survey of the Lot, whether platted or metes-and-bounds description, in the form required for surveys shown in Appendix B to this Chapter 7A.

   C.   Existing and proposed Use.

   D.   Zoning District.

   E.   Plans in duplicate drawn to scale on the survey, showing the actual dimensions and shape of the Lot to be built upon; the exact size and location of existing Buildings on the Lot, if any; the exact size, location, and elevation of the existing Buildable Area(s) or Future Buildable Area(s); the exact size, location, and elevation of the proposed Driveway(s); the location and dimensions of the proposed Building(s) or Alteration; and the elevations of the footings and lowest floor above the High Water Table.

   F.   Building Heights.

   G.   Number of Off-Street Parking Spaces or loading berths.

   H.   Number of Dwelling Units.

      1.   The survey shall also show the location and elevation of the high water mark of all wetlands or other line of demarcation between any wetlands and uplands and the setback line, if any, from the high water mark on the Lot so that a determination can be made that the proposed development will be in compliance with Chapter 7C of this City Code and in compliance with the Minnesota Wetlands Conservation Act of 1991.

      2.   The application must be accompanied by either a certificate of exemption or an approved wetlands replacement plan issued pursuant to Chapter 7C of this City Code. The application will not be accepted if it is not accompanied by the appropriate wetlands documentation.

   I.   Any development must comply with State law regarding the creation of impervious surfaces of one acre or more, on site water retention facilities must be provided in accordance with Minnesota Statutes.

   J.   If development is proposed which will require a Storm Water Management Plan under the provisions of Chapter 7D of this City Code, then a copy of the survey, altered to show the Storm Water Management Plan, shall be submitted with the application.

   K.   The survey shall also show the location of the Mature Trees and Wooded Areas, if any, on the Lot and shall be accompanied by a tree protection plan so that a determination can be made that the proposed development will be in compliance with the tree protection provisions of Chapter 20 of this City Code. (See City Code § 20-202 for definitions of “Mature Trees” and “Wooded Areas.”)

   L.   Any other matters which may be necessary to determine conformance with, and provide for the enforcement of this Ordinance.

The Zoning Administrator may issue an Agricultural Use Zoning Permit where the application clearly shows that the proposed use is fully compatible with the Zoning. Doubtful cases must be considered by the City Council.

As stated in § 7A-301, if work has not begun one year from the date of issuance of the Agricultural Use Zoning Permit, that permit shall expire and be revoked by the Zoning Administrator. If same work has not been substantially completed within two and one-half (2-1/2) years from the date of issuance of the Agricultural Use Zoning Permit that permit shall expire and be revoked by the Zoning Administrator. In each case, written notice shall be given to the applicants with the stipulation that work may not begin or continue (whichever case applies) until a new Agricultural Use Zoning Permit has been obtained.

Any Zoning approval pursuant to this Ordinance does not take the place of a Building permit. Building permits are issued and administered by the Building Inspector.

   The construction, installation, creation, or modification of any new driveway access from a public right-of-way or street to a lot shall require a Driveway Permit. Driveway Permits shall be submitted to the Zoning Administrator, for review and approval or denial consistent with City policies and the City Code, including but not limited to Section 7A-800(C). Driveway Permit applications must include the following materials:

   A.   Scaled and dimensioned site plan showing existing structures and uses, and existing driveways;

   B.   Any other materials required by the Zoning Administrator to determine compliance with or provide for the enforcement of the City Code.

It shall be unlawful to use, occupy, or permit the use or occupancy of any Building or Premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or Structure until a certificate of occupancy has been issued by the Building Inspector. The certificate of occupancy shall state that the proposed uses of the Building or land conforms to all of the applicable requirements of the City Code, including zoning regulations, building code, and construction requirements for the Buildable Area(s) and Driveway(s), and that the Zoning Administrator has inspected the property and attested to that fact. Both the Building Inspector and the Zoning Administrator, at the discretion of either, shall have the authority to require an “as built” survey of the property to verify that the requirements for Buildable Area, Driveway, and Minimum Construction Elevations have been met. Either the Building Inspector or the Zoning Administrator shall have the authority to withhold the certificate of occupancy and to prohibit use and occupancy of the property until such time that compliance with these Code requirements can be verified to their satisfaction.

A temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six (6) months pending completion of modifications in order to comply with this Ordinance. A temporary certificate shall not be issued if the Driveway has not been constructed according to the requirements of the City Code unless the City Engineer certifies that the Buildable Area is and will remain readily accessible by emergency services vehicles from the public right-of-way until the Driveway is completed.

The Zoning Administrator shall maintain a complete record of all Zoning approvals, Agricultural Use Zoning Permit and certificates of occupancy and copies shall be furnished or presented for review to any person making a request.

Failure to obtain either a Zoning Permit or a certificate of occupancy shall be a violation of this Ordinance and will be punishable under the provisions of § 7A-350 of this Ordinance.

Zoning approvals and Agricultural Use Zoning Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement or construction contrary to that authorized shall be deemed a violation of this Ordinance and be punishable under the provisions of § 7A-350 of this Ordinance. Zoning Permits and certificates of occupancy and copies shall be furnished or presented for review to any person making a request.

   A.   For the purpose of this Section, certain terms and words are herewith defined as follows:

      1.   Costs means any time or expense incurred by the City for services performed by the City Engineer, City Attorney, or other staff or consultants. Costs shall include per diem expenses for appointed and elected City officials when such officials meet exclusively to review the Development other than at a regularly scheduled meeting.

      2.   Development means any subdivision, planned unit development, rezoning, conditional use permit, interim use permit, transitional activity permit, variance, vacation, building addition, or site plan; or proposed rezoning, conditional use permit, interim use permit, transitional activity permit, variance, building addition, or change in site plan; or any amendment to a previously approved subdivision, planned unit development, rezoning, conditional use permit, interim use permit, transitional activity permit, variance, vacation, building addition, or site plan.

      3.   Owner means any property owner, applicant, or duly authorized representative of a Development.

   B.   Reimbursement. Any Owner that causes the City to incur Costs on behalf of, or on account of, that Owner, associated with a proposed Development, shall be required to reimburse the City, in accord with the provisions of this Ordinance, at any time prior to final approval of the Development, or as a condition of final approval, for the actual Costs expended by the City on behalf of, or on account of, said Owner. Any Development which involves only one platted residential lot, for a non-commercial purpose, located in a residential zoning district shall not be subject to this reimbursement requirement.

   C.   Deposit Required. Subject to the provisions of Section 7A-331(B), the Owner shall deposit with the City in escrow an amount necessary to cover the anticipated Development Costs, as determined by the City Administrator, prior to the performance of any such services. Costs shall be charged to the aforementioned account and shall be credited to the City.

   D.   Reimbursement of Escrow Fund. Within thirty (30) days after completion of any City staff and consultant services associated with the Development, the Owner shall reimburse the escrow fund for any deficits caused if the Costs actually expended by, or billed to, the City exceed the escrow fund balance.

   E.   Refund of Unexpended Balance. The City shall refund any monies deposited in the escrow fund not expended for Costs within thirty (30) days after completion of any City review associated with the Development.

   F.   Escrow Fund Not to Draw Interest. The City shall not pay interest on the monies deposited in the escrow fund.

   G.   Rates Established. The City Council shall establish the rates charged for the City services by resolution, which may be changed from time to time. The rates may include a fixed rate for meetings with City staff prior to submission of formal application.

Any person may file a written complaint whenever a violation of this Ordinance occurs or is alleged to have occurred. The complaint shall state fully and accurately the causes and basis thereof, and be filed with and recorded by the Zoning Administrator. The Zoning Administrator shall immediately investigate and take action upon such complaint as provided in this Ordinance.

Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Use Permits shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof shall be punished by a fine or imprisonment in accordance with the provisions of Chapter 1, Section 1-109 of this City Code. Each day such violation continues after receipt of a notice of violation, shall be considered a separate offense. The owner or tenant of any Building, Structures, Premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

The fee schedule for Chapter 7A is set by City Council Resolution as amended from time to time.