Enforcement Official. This title shall be administered and enforced by the Community Development Director or their designee.

   Minnesota Statutes Section 15.99 applies to all land use applications in this Chapter, unless a different timeline for approval is provided by state law or City ordinance.

   A.   Within sixty (60) days after the date of receipt of the completed application, the City must approve or deny the application. Failure of the City to deny a request within sixty (60) days or any extension thereof as provided in this Section is deemed approval of the request.

   B.   The time limit begins upon the receipt of a completed application. A completed application shall mean a written request containing all information required by law, or by a previously adopted rule, ordinance or policy of the city. If the Community Development Director receives an application that does not contain all the required information, the Community Development Director shall send notice within fifteen (15) business days of the receipt of the request telling the applicant that the application is not accepted and indicating what information is missing. The sixty (60) day time limit begins again after receipt of a completed application, as provided in this Section.

   C.   The City may extend the time limit before the end of the initial sixty (60) day period by providing written notice of the extension to the applicant. The notice must contain the reasons for the extension and its anticipated length, which may not exceed sixty (60) days unless approved by the applicant.

   D.   The applicant may waive the sixty (60) day period by providing a written waiver.

   The City shall hold a public hearing on all variances, conditional use permits, site plan applications (unless administratively approved pursuant to City Code Section 11-2-4.E), text amendments, map amendments and interim use permits. Notice of the public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in the designated legal newspaper of the City. The notice shall contain the date, time and place of the hearing and a description of the land and the proposed application. At least ten (10) days before the hearing, the City Clerk shall mail a notice to the owner and to each of the property owners within five hundred feet (500') of the property for which the approval is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.

   A.   Pre-Application Sketch Review Process.

      1.   Prior to the submission of a site plan application, potential applicants may present a sketch to the Community Development Director. The sketch may be conceptual and may include the following related materials:

         a.   A scale drawing of the proposed site with reference to existing development within two hundred feet (200') of adjacent properties.

         b.   General location of proposed structures.

         c.   Tentative street arrangements, both public and private.

         d.   Amenities to be provided such as recreational areas, open space, walkways, etc.

         e.   General location of parking areas.

         f.   Proposed public sanitary sewer, water and storm drainage.

         g.   A statement showing the proposed density of the project with the method of calculating said density also shown.

         h.   Topographic contours at two-foot intervals.

         i.   Wetland delineation.

         j.   Proposed general schedule of development.

         k.   Information on the proposed developer.

         l.   Other information or materials useful in reviewing the sketch.

         m.   Letter of concurrence from landowner.

      2.   Requests for pre-application sketch review shall be submitted to the Community Development Director. The sketch shall be accompanied by a fee and a cash escrow as set forth in City Code Section 11-2-17. The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Community Development Director, describing the proposed change, development, or use. The application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements.

      3.   The Community Development Director shall review the sketch and provide informal comments. The Community Development Director shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Community Development Director, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision.

      4.   If the sketch is to be reviewed by the Planning Commission and/or City Council, as determined by the Community Development Director, a public hearing shall be held pursuant to City Code Section 11-2-3. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

   B.   Formal Application Site Plan Review Procedures. The procedure for site plan review is as follows:

      1.   The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.

      2.   The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.

      3.   The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.

      4.   The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.

      5.   The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by City Code Section 11-2-2. Denial must comply with the requirements of City Code Section 11-2-11.

      6.   The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

   C.   Exempt from site plan review. Except in those cases specifically cited within this Section, the following shall be excepted from the requirements of this Section and shall be processed through the building permit review process:

      1.   Single-family dwellings and accessory structures;

      2.   Recreational structures and buildings in public parks.

      3.   Agricultural uses in the AG-1 and AG-2 Zoning Districts, with the exception of nurseries, greenhouses, and tree farms.

   D.   Required site plan application information and materials. The following information and materials shall be required for the application:

      1.   A complete application form signed by all property owners.

      2.   All required fees and escrows.

      3.   A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

      4.   Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information:

         a.   North point and graphic engineering scale.

         b.   Location map showing relationship to street system and surrounding development.

         c.   Date of preparation and revision date(s).

         d.   Boundary line survey, including measured distances and angles which shall be tied to the nearest one-quarter (¼) corner or section corner by traverse.

         e.   Existing and proposed right-of-way widths and names of proposed streets.

         f.   Site statistics including:

            (1)   Gross site acreage/minimum lot size in the zoning district.

            (2)   Total stormwater management acreage.

            (3)   Any wetland impact area and wetland replacement area.

            (4)   Percent green space.

            (5)   Net density.

            (6)   Existing, proposed and required parking.

         g.   Locations of rights-of-way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of two hundred feet (200') beyond the property boundary(ies).

         h.   Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs.

         i.   Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures that comply with City Code Section 11-3-11.

         j.   Colored site plan and elevations.

         k.   A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to two hundred feet (200') beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains.

         l.   A grading plan with topographic data for two hundred feet (200') around the subject property or around major features with intervals not exceeding two feet (2') except where the horizontal contour interval is one hundred feet (100') or more in which case a one-foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan.

         m.   Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access.

         n.   Screening and buffering with reference to type, dimensions and purpose that complies with City Code Section 11-3-6.

         o.   Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district that comply with City Code Section 11-3-10.

         p.   Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod that complies with City Code Section 11-3-12.

         q.   Stormwater management analysis, if required.

         r.   Sustainable design elements, if any.

         s.   A tree preservation plan that complies with City Code Section 11-3-13, if required.

         t.   Locations of exterior storage (City Code Section 11-3-7), trash enclosures (City Code Section 11-3-8), outside mechanical equipment (City Code Section 11-3-9) and signage (City Code Title 12), if applicable.

         u.   Such other information as required by the Community Development Director.

   E.   Administrative Approval. The site plans for certain projects, including but not limited to those types of projects listed below, may be reviewed and approved administratively by the Community Development Director or their designee in coordination with the City’s other departments and any relevant regulatory agencies, however, Community Development Director may, at their discretion, refer any site plan to the Planning Commission and City Council for review:

      1.   Proposed minor structural additions involving either up to ten percent (10%) or less of the total existing floor area or site expansions or modifications involving ten percent (10%) or less of the total existing site area which meet all ordinance requirements may be approved by the Community Development Director prior to the building permit being issued, and shall not require Planning Commission or City Council review, subject to the following:

         a.   This Section shall apply to all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the Zoning Code, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The Community Development Director shall determine what constitutes significant change.

         b.   This Section shall apply in the cases of new developments which have received City Council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file City Council approved site plans.

         c.   Compliance with all ordinance requirements shall be construed to include all adopted policies and codes.

         d.   Unresolved disputes as to administrative application of ordinance requirements shall be referred to the Planning Commission and City Council following normal plan review and approval procedures.

         e.   Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval.

   F.   Lapse. Lapse of approval is governed by City Code Section 11-2-12. (Amd. Ord. 1081, 5-1-2024)

   A.   Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this Title where, by reason of the exceptional physical characteristics of the property, the literal enforcement of the requirements of this Title would cause practical difficulties for the landowner.

   B.   General provisions. In no case may a variance be granted to permit a use other than a use permitted in the district. Nonconforming uses, land, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance.

   C.   Procedures. The procedure for variance review is as follows:

      1.   The property owner or his agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.

      2.   The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.

      3.   The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.

      4.   The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.

      5.   The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by City Code Section 11-2-2. Denial must comply with the requirements of City Code Section 11-2-11.

      6.   The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

   D.   Required site plan application information and materials. The following information and materials shall be required for the application:

      1.   A complete application form signed by all property owners.

      2.   All required fees and escrows.

      3.   A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

      4.   Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information:

         a.   North point and graphic engineering scale.

         b.   Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs.

   E.   Such other information as required by the City.

   F.   Findings. A variance may be granted only when all of the following conditions are found:

      1.   The variance is in harmony with the general purposes and intent of this Title.

      2.   The variance is consistent with the Comprehensive Plan.

      3.   The applicant for the variance establishes that there are practical difficulties in complying with this Title. “Practical difficulties,” as used in connection with the granting of a variance, means that all of the following must be found to apply:

         a.   The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls;

         b.   The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and

         c.   The variance, if granted, will not alter the essential character of the neighborhood.

      4.   Economic considerations alone do not constitute practical difficulties.

   G.   Precedents. A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits.

   H.   Lapse. Lapse of approval is governed by City Code Section 11-2-12.

   The City Council may adopt amendments to this Title and the zoning map in relation both to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the City as reflected in the Comprehensive Plan. Amendments must be adopted by a majority vote of the City Council. The adoption or amendment of any portion of a Zoning Code which changes all or part of the existing classification of a zoning district from residential to either a commercial or an industrial district requires a two-thirds majority vote of the City Council.

   A.   There are the following kinds of amendments:

      1.   A change in a district’s boundary (rezoning).

      2.   A change in a district’s regulations.

      3.   A change in any other provision of this Title.

   B.   Proceedings for amending this Title shall be initiated by at least one (1) of the following methods:

      1.   By action of the Community Development Department.

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

      3.   By action of the City Council.

   C.   Amendments initiated by property owners. Procedures. The procedure for amendments is as follows:

      1.   The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.

      2.   The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.

      3.   The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.

      4.   The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.

      5.   The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by City Code Section 11-2-2. Denial must comply with the requirements of City Code Section 11-2-11.

      6.   The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

   D.   Required application information and materials. The following information and materials shall be required for the application:

      1.   A complete application form signed by all property owners.

      2.   All required fees and escrows.

      3.   A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

      4.   A written statement that explains the request, including the section of the Zoning Code for which an amendment is requested as well as suggested language for the amendment. If applying for a rezoning, the request should describe the current and proposed zoning classification along with reasons supporting the proposed change. For the City Council to adopt a Zoning Code amendment or rezoning, it needs to be consistent with the City’s Comprehensive Plan. The written statement should address the request’s consistency with the Comprehensive Plan or a proposed amendment to the Comprehensive Plan.

      5.   A statement of all property owners of all land included within the proposal and a list of property owners’ names and addresses within five hundred feet (500') of the outer boundaries of the property obtained from Washington County or a title or abstract company.

      6.   An accurate boundary survey and conceptual development plan for the area proposed to be rezoned.

      7.   Any other information identified by the Community Development Director as required by state statute or necessary to review the proposal for consistency with the City’s Comprehensive Plan for example, but not limited to, environmental review, traffic impact study, future roadway layout, stormwater analysis, utility and grading plans and/or concept platting.

   E.   Amendments initiated by the Community Development Department or City Council. The following is the procedure for initiating an amendment based upon a recommendation by the Community Development Department or City Council:

      1.   The Community Development Department may initiate a study on a proposed ordinance amendment and report its findings and recommendations to the City Council.

      2.   Amendments initiated by the Community Development Department or City Council shall be referred to the Planning Commission for review and recommendation to the City Council.

      3.   The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.

      4.   The City Council shall, after receipt of the report of the Planning Commission either approve or deny the proposed amendment or rezoning. Denial must comply with the requirements of City Code Section 11-2-11.

   A.   Purpose. The purpose of this section is to establish efficient regulations and procedures for the processing and consideration of certain uses and activities allowed by conditional administrative permit. Administrative Conditional Use Permits are intended to be an efficient and cost-effective permitting process for uses and activities that do not require the scrutiny and discretion of a conditional use permit.

   B.   Procedure. The procedure for administrative conditional use permits is as follows:

      1.   Requests for administrative conditional use permits, as provided within this Chapter, shall be filed with the Community Development Director on an official application form and contain all of the information required in City Code Section 11-2-7.C.

      2.   The Community Development Director shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Title. If the Community Development Director, in their sole discretion, determines that the application is not appropriate for a Conditional Administrative Permit, they shall return the application and fees and notify the applicant to reapply for a conditional use permit, pursuant to the requirements of City Code Section 11-2-8.

      3.   The Community Development Director shall make a determination on approval or denial of the conditional administrative permit. A determination of non-compliance with applicable codes, ordinances, and the standards in this section shall be considered a denial; unless, within ten (10) days of the date of such notice, the applicant submits revised plans and/or information with which the Community Development Director is able to determine compliance.

      4.   A written permit shall be issued to the applicant when a determination of compliance has been made.

   C.   Required application information and materials. The following information and materials shall be required for the application:

      1.   A complete application form signed by all property owners.

      2.   All required fees and escrows.

      3.   A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

      4.   A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, and other pertinent information required by the Community Development Director to fully evaluate the application.

      5.   A copy of any approved site plan for the property or an “as built” survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

      6.   An accurate floor plan, when in the judgment of the Community Development Director, such plan is necessary.

      7.   Certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the administrative permit application relates.

      8.   Other information deemed necessary by the Community Development Director.

   D.   Performance standards. All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed.

   E.   Appeal. Unresolved disputes as to administrative application shall be subject to appeal pursuant to City Code Section 11-2-13 of this Chapter.

   F.   Administration and Enforcement. Violation of an issued permit or of the provisions of this Chapter shall be grounds for denial of future permit applications. (amd. Ord. 1081, 5-1-2024)

   A.   Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.

   B.   Procedures. The procedure for conditional use permits is as follows:

      1.   The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.

      2.   The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.

      3.   The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.

      4.   The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3. In the case of correctional facilities and waste facilities, notice of the public hearing shall be to property owners located within one thousand three hundred twenty feet (1,320') of the property in question.

      5.   The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by City Code Section 11-2-2. Denial must comply with the requirements of City Code Section 11-2-11.

      6.   The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

   C.   Required application information and materials. The following information and materials shall be required for the application:

      1.   A complete application form signed by all property owners.

      2.   All required fees and escrows.

      3.   A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

      4.   The application shall include a written description of the request including an explanation of compliance with the conditional use permit criteria set forth in this Chapter, together with detailed graphic materials, the number, size, and format as prescribed by the Community Development Director, fully explaining the proposed change, development, or use.

      5.   A copy of any approved site plan for the property or an “as built” survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

      6.   An accurate floor plan, when in the judgment of the Community Development Director, such plan is necessary.

      7.   Certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the administrative permit application relates.

      8.   Other information deemed necessary by the Community Development Director.

   D.   Findings.

      1.   The Planning Commission and City Council may consider the following factors when reviewing a conditional use permit application:

         a.   Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans.

         b.   The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

         c.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

         d.   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

         e.   Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed.

         f.   The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

         g.   The conditional use complies with the general and specific performance standards as specified by the Zoning Code.

      2.   City staff may request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant deemed necessary to establish performance conditions in relation to all pertinent sections of this Title.

   E.   General Performance Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not limited to, the following general performance standards and criteria:

      1.   Consistency with the Comprehensive Plan. The proposed use shall be consistent with the Comprehensive Plan.

      2.   Health and Safety. The proposed use shall not negatively impact the health, safety and general welfare of occupants of surrounding lands.

      3.   Public Infrastructure Services. Adequate public facilities and services shall be able to be provided to the site where the use is proposed, and/or existing infrastructure shall be able to absorb the additional demand for public services such as utilities, streets, parks, schools, etc.

      4.   Screening and Landscaping. Incompatible impacts of the proposed use shall be screened and buffered from adjacent property and the surrounding neighborhood. The City Council may require additional landscaping or screening above that required in the Zoning Code.

      5.   Architectural Standards. The site or building associated with the proposed use meets or exceeds the architectural design and landscaping standards for the district in which it is located. The City Council may require additional architectural standards above those required in the Zoning Code.

      6.   Zoning. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use.

      7.   Traffic. The generation and characteristics of the traffic associated with the use and its impact on traffic volumes and safety associated with driveway locations, existing and proposed capacity on adjacent roads, sidewalks and trail connections can be adequately mitigated.

      8.   Floodplain. Shall follow City Code Title 11, Chapter 10.

   F.   Lapse. Lapse of approval is governed by City Code Section 11-2-12.(amd. Ord. 1081, 5-1-2024)

   A.   Purpose and Intent. The purpose of allowing interim uses is:

      1.   To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

      2.   To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

   B.   The intent of the City Council in allowing interim uses is that in order to give flexibility to the district use regulations of this Title, which is necessary to achieve the objectives of the Comprehensive Plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit.

   C.   Procedures. The procedure for conditional use permits is as follows:

      1.   The property owner or the owner’s agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.

      2.   The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.

      3.   The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.

      4.   The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.

      5.   The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by City Code Section 11-2-2. Denial must comply with the requirements of City Code Section 11-2-11.

      6.   The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

   D.   Required application information and materials. The following information and materials shall be required for the application:

      1.   A complete application form signed by all property owners.

      2.   All required fees and escrows.

      3.   A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.

      4.   The application shall include a written description of the request including an explanation of compliance with the interim use permit criteria set forth in this Chapter, together with detailed graphic materials, the number, size, and format as prescribed by the Community Development Director, fully explaining the proposed change, development, or use.

      5.   A copy of any approved site plan for the property or an “as built” survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

      6.   An accurate floor plan, when in the judgment of the Community Development Director, such plan is necessary.

      7.   Certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the administrative permit application relates.

      8.   Other information deemed necessary by the Community Development Director.

   E.   Findings. The City Council may grant an interim use permit for the interim use of property if:

      1.   The use conforms to the zoning regulations;

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

      3.   Permission of the use will not impose additional costs on the City if it is necessary for the City to take the property in the future; and

      4.   The applicant agrees in writing to any conditions that the City Council deems appropriate for permission of the use.

   F.   Lapse of interim use permit. An interim use permit shall lapse and become null and void three (3) months following the date on which the interim use permit became effective if it is not in use.

   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 regulations for the Environmental Review Program, as authorized by Minnesota Statutes and specified in Minnesota Rules Part 4410.

   B.   An EAW, AUAR, or EIS application, together with the completed data portions of the environmental document, shall be accompanied by a fee and cash escrow as set forth in the City Code Section 11-2-17. Costs of City time and materials expended in reviewing and processing the application shall be charged against the cash escrow account and credited to the City.

   C.   Upon completion of the environmental document for distribution, the Community Development Director shall provide mailed notice of the availability of the environmental document, and date of the meeting at which the City Council will consider the matter, to all property owners within five hundred feet (500') of the boundaries of the property that is the subject of the environmental document. Said notice shall be mailed at least ten (10) days before the City Council meeting. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth in this Chapter. The Planning Commission shall provide its recommendations to the City Council. (Ord. 1100, 4-16-2025)

   The City may deny an application upon a written finding of legally sufficient reasons with a factual basis and must be provided to the applicant. Findings for denial may be adopted at the next subsequent meeting following the hearing and must be adopted pursuant to the time frame required by City Code Section 11-2-2. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the Community Development Director.

   Approval of a site plan, variance, administrative conditional use permit, and conditional use permit shall lapse and become null and void one (1) year following the date on which the approval was granted, unless prior to the expiration of the one (1) year the work or improvement described in the approval is commenced and diligently pursued on the subject site. The City Council may grant an extension for good cause. (amd. Ord. 1081, 5-1-2024)

   A.   Planning Commission as Board of Appeals and Adjustments; Authority: The Planning Commission shall act as the Board of Appeals and Adjustments and shall determine, in harmony with the general purpose of this title and the Comprehensive Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Community Development Director under this Title, and from any interpretation of the text of this title, or any determination by the Community Development Director as to the location of the boundary of a zoning district as shown on the zoning map.

   B.   Filing of Appeal: Within ten (10) business days after a decision of the Community Development Director under the provisions of this title, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the City affected thereby may appeal to the Planning Commission by filing a written notice to the City Clerk, stating the specific grounds upon which the appeal is made.

   C.   Board Hearing; Notice: The Planning Commission, as the Board of Appeals and Adjustments, may conduct such hearings and shall afford the applicant an opportunity to present evidence, testimony and witnesses. The Planning Commission shall render a decision to uphold or overturn the decision of the Community Development Director.

   D.   Council Hearing: An applicant may appeal from a decision of the Board of Appeals and Adjustments made pursuant to City Code Section 11-2-13.C., within ten (10) business days after a decision of the Board of Appeals and Adjustments by filing a written notice to the City Clerk, stating the specific grounds upon which the appeal is made.

      1.   The Council may review and revise any decision of the Board of Appeals and Adjustments. The hearing shall be held within thirty (30) days after the decision is made by the Board of Appeals and Adjustments.

      2.   Notice of the hearing before the Council shall be mailed to all appellants. In all cases involving determination of district boundary lines or interpretation of the text of this Title, ten (10) days’ published notice of hearing in the official newspaper shall be given. The City Council will conduct the hearing based on the record of the Board of Appeals and Adjustments and may consider new testimony and evidence at its discretion. The City Council shall determine whether or not the decision of the Board of Appeals and Adjustments should be upheld or overturned. The decision of the City Council shall be final.

   The City Council may hold a hearing to consider the revocation of any site plan, conditional use permit, administrative use permit approval, interim use permit or variance upon a determination and recommendation from the Community Development Director that the authorized use is not in conformance with the conditions of approval or is in continued violation of City Codes or other applicable regulations. The Community Development Director shall notify the responsible person to whom the permit was issued or to the current property owner that they have an opportunity to show cause, present evidence, testimony and witnesses before the City Council at a hearing as to why the permit, resolution or approval should not be revoked. The City Council will conduct a hearing and determine whether or not the permit, resolution or approval should be revoked. The decision of the City Council shall be final.

   Holders of any site plan, conditional use permit, administrative use permit approval, interim use permit or variance may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this Chapter. Administrative approval may be granted, for administrative use permits as set forth in City Code Section 11-2-7. No significant changes in the circumstances or scope of the use shall be undertaken without review by the Planning Commission and approval by the City Council. The Community Development Director shall determine what constitutes a significant change and may administratively approve insignificant changes. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, different and/or additional signage, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may recommend, and the City Council may approve significant changes and modifications to a site plan, conditional use permit, interim use permit or variance, including additional or revised conditions.

   All proposed subdivisions, rezonings, planned unit developments, conditional use permits and/or site plan reviews may require a development agreement between the City and developer and/or landowner specifying the improvements required, financial guarantees and any other matter pertaining to the proposed development at the sole discretion of the City.

   A.   Generally. The fees to be paid for each zoning application shall be as prescribed in the chart in subsection C below. They are reviewed annually by the City Council. Fees shall be payable at the time applications are filed with the Community Development Director and are not refundable unless application is withdrawn prior to legal publication and notice. There shall be no fee in the case of applications filed in the public interest by City Council or by the Planning Commission. Fees shall include application fees, filing fees, consultant, legal, planning and engineering fees and/or escrow fees.

   B.   Escrow payment. Applicants shall be required to pay a cash escrow fee as required by the Fee Schedule in this Chapter. The escrow fee shall be used to pay any outside expenses and fees incurred by the City, including, but not limited to consultants, attorneys, planning and engineering fees or other expenses due to the application. If, at any time, the balance in the cash escrow account is depleted to less than ten percent (10%) of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Community Development Director. All expenses and fees in excess of the escrow deposit, shall be paid by the applicant to the City within thirty (30) days of final action on the matter by the City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the applicant after all expenses and fees thereto have been deducted, following final action by the City in the matter.

   A.   Definitions: The following words, terms, and phrases when used in this Title shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning. Where definitions differ from other sections of the City Code, the definition herein shall apply:

      1.   Provides not more than four (4) rooms for rent to no more than 10 guests at a time;

      2.   Provides no meals, other than breakfast served to persons who rent rooms; and

      3.   Was originally built and occupied as, or was converted to, a single-family residence prior to being used as a place of lodging.

   B.   Policy and Purpose. Certain buildings within the City have been designated by the City as Historic Preservation Sites pursuant to City Code Section 2-2-3 and are listed in the City's Register of Historic Sites and Landmarks or are listed in the National Register of Historic Places. The intent of this section is to encourage preservation, revitalization, and adaptive reuse of these historic properties located in the City of Cottage Grove.

   Adaptive reuses of these historically registered properties or structures shall promote preservation of the architectural and historic character by encouraging retention of its historic value. All reuses shall be complementary to the historical character of the structure or site and the surrounding uses. Adapted reuses in this section shall be reviewed by the Advisory Committee on Historic Preservation (ACHP) and approved by the City Council after consideration in each case of the impact of such uses upon the property, neighboring uses, the surrounding area, and the public need for the particular use at the particular location. Limitations and standards are herein established to ensure the use's consistency with the character, uses, and activities on lands surrounding the use. In order to accomplish such purposes, the following provisions relating to the issuance of adaptive reuse conditional use permits are adopted.

   C.   Procedure:

      1.   The application for a Historic Properties Conditional Use Permit shall follow the procedures in City Code Section 11-2-8.B: Procedures.

      2.   The Historic Properties Conditional Use Permit shall receive Site Plan Review approvals if the application meets the criteria for a Site Plan Review pursuant to City Code Section 11-2-4: Site Plan Review.

      3.   The City Council shall, after receipt of the report of the ACHP, either approve or deny the application, within the timeframe established by City Code Section 11-2-2. Denial must comply with the requirements of City Code Section 11-2-11.

      4.   The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

   D.   Application: The application for a Historic Properties Conditional Use Permit shall follow the procedures in City Code Section 11-2-8.C: Required application information and materials.

   E.   Findings: In addition to the factors in City Code Section 11.2,8.D, a historic properties conditional use permit may be granted subject to the City Council making the following findings:

      1.   The applicant has demonstrated that the historic characteristics of the property cannot be maintained reasonably and economically unless the Historic Properties Conditional Use Permit is granted.

      2.   The property or structure is listed on the City's Register of Historic Sites and Landmarks and/or is listed on the National Register of Historic Places.

   F.   Performance Standards for All Historic Properties Conditional Use Permits: As may be applicable, the evaluation of any proposed historic properties conditional use permit request shall be subject to and include, but not limited to, the following general performance standards and criteria:

      1.   The standards of City Code Section 11-2-8.E: Conditional Use Permits are met.

      2.   The parcel size is greater than five (5) acres, unless a smaller size is approved by the City Council.

      3.   One (1) sign is permitted not to exceed thirty-two (32) square feet, and six (6) feet in height.

      4.   Site improvements meet City Code Section 2-2-6: Alterations to Historic Sites and Landmarks.

   G.   Allowed Uses for Historic Properties Conditional Use Permit. The adaptive reuse proposed for the property must be a use listed below:

      1.   Bed and Breakfast

      2.   Reception Facility

      3.   Meeting/Conference Facility

      4.   Office

      5.   Museum

      6.   Art Gallery

      7.   Limited Retail Establishment

      8.   Restaurant

      9.   Microdistillery with a Cocktail Room

      10.   Brewpub with a restaurant

      11.   Other uses deemed similar by the City Council

   H.   Amendment to Historic Properties Conditional Use Permit: Amendments to any condition contained in an approved Historic Properties Conditional Use Permit may be made only in accordance with the procedures applicable to the initial application as contained above in Section E: Procedure.

   I.   Lapse: Lapse of approval is governed by City Code Section 11-2-12. (Ord. 1081, 5-1-2024)