This chapter is established to set forth the procedures required for the administration of this ordinance, to outline the powers and duties of the officials and bodies charged with such administration, to establish standards for required zoning approvals, and to provide for its enforcement in a manner which adds to the quality of land use and development and protection of the public health, safety, and welfare.

(Ord. No. 99-20, § 1, 11-23-99)

In order to provide for the efficient administration of this ordinance, whenever a project or proposal requires more than one land use review, including but not limited to conditional use permit, site plan review, rezoning, variance, or platting, all applications shall be processed concurrently.

(Ord. No. 99-20, § 1, 11-23-99)

All land use approvals made pursuant to this ordinance shall remain in effect as long as all of the conditions and guarantees of such approval are observed. Failure to comply with such conditions and guarantees shall constitute a violation of this ordinance and may result in termination of the land use approval.

(Ord. No. 99-20, § 1, 11-23-99)

No new application for zoning approval for the same project or proposal shall be submitted or accepted until all previous applications for such project or proposal have been finally acted upon or withdrawn.

(Ord. No. 99-20, § 1, 11-23-99)

Whenever an application contains a use not included in this ordinance, the City Planner, after review by the Development Review Committee, shall issue a statement of clarification, finding that the use either is substantially similar in character and impact to a use regulated herein or that the use is not sufficiently similar to any other use regulated in this ordinance. Such statement of clarification shall include the findings that led to such conclusion and shall be filed in the office of the City Planner. If said use is not sufficiently similar to any other use regulated in this ordinance, the use shall be prohibited.

(Ord. No. 99-20, § 1, 11-23-99)

Except where otherwise specifically provided in this ordinance, the City Planner shall be responsible for the administration, interpretation, and enforcement of the provisions of this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

The Development Review Committee, consisting of city staff members as appointed by the City Administrator, is established to review plans for conformance with the technical requirements of this ordinance and to make recommendations to the Planning Commission and City Council regarding applications for land use approval.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission, as established and organized under Chapter 20 of the Faribault Code of Ordinances, shall have the advisory and decision-making powers granted to it as identified within this chapter and elsewhere in this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

In general. All applications for land use approval shall be made on forms approved by the city and available from the City Planner.

(B)

Pre-application conference. A pre-application conference with the City Planner shall be required prior to submission of any application for land use approval. The purpose of the conference is to acquaint the applicant with applicable procedure and ordinance requirements, to provide for an exchange of information regarding the proposed project, and to identify potential opportunities and constraints for development of a given site.

(C)

Submission of technical studies. The city may require applicants for land use approval to submit such technical studies as may be necessary to enable the Planning Commission and City Council to evaluate the application. Such studies may include, but not be limited to, traffic studies, engineering studies, environmental impact assessments, and economic impact reports. The costs of such studies shall be borne by the applicant, with the persons or firms preparing the study approved by the City Planner.

(D)

Completeness of application. No application for land use approval shall be deemed complete until all items that are required in support of the application have been submitted.

(E)

Application and submission deadlines. The City Planner shall administratively set submission deadlines for all applications requiring public hearing. Compliance with such deadlines shall generally be required in order to have the application placed on an agenda to be heard by the Planning Commission. At the discretion of the City Planner, non-agenda items may be brought before the Planning Commission for consideration, provided, however, that the Planning Commission may refuse to hear a non-agenda item at its sole discretion.

(F)

Application fees. Fees for all applications provided for in this ordinance shall be established by resolution of the City Council and are non-refundable, except when an application is withdrawn by the applicant prior to notice of public hearing.

(G)

Required action by review bodies. Pursuant to Minnesota Statutes 15.99, any application for zoning approval, excluding preliminary plat requests, shall be approved or denied within sixty (60) days from the date of its official and complete submission, unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty (60) days unless the applicant waives this limitation. Pursuant to Minnesota Statutes 462.358, any application for approval of a preliminary plat shall be approved or denied within one hundred twenty (120) days from the date of its official and complete submission, unless extended pursuant to Statute or a time waiver is granted by the applicant.

(H)

Reconsideration of land use approval applications. No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six (6) months from the date of City Council action on the application, except on grounds of new evidence or proof of a change in conditions.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

Notice.

(1)

Land use applications. For all land use applications requiring a public hearing as set forth in this ordinance, notice of the public hearing shall be given in the following manner. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.

(a)

Newspaper of general circulation. The City Planner shall publish notice of the time, place, and purpose of the public hearing at least once, not less than ten (10) days nor more than thirty (30) days before the hearing, in a legal newspaper of general circulation. For purposes of computing time, both the day of publication and the day of the public hearing shall be excluded.

(b)

Affected property owners. The City Planner shall mail notice to all owners of record of property located in whole or in part within three hundred fifty (350) feet of the boundaries of the subject property, as identified in the records of the Rice County Assessor's office, not less than ten (10) days nor more than thirty (30) days before the hearing.

(B)

Notification regarding natural resources. When an application for a conditional use permit, variance, appeal, zoning amendment, expansion of a nonconforming use, or other similar land use review relates to the Floodplain Management or Shoreland overlay districts, as established in Chapter 13, Overlay Districts, the City Planner shall submit to the Minnesota Commissioner of Natural Resources a written notice of public hearing at least twenty-one (21) days in advance of the hearing.

(C)

Procedures. All hearings conducted shall be open to the public. Any person may appear and testify at a hearing either in person or by duly appointed agent or attorney. Upon the conclusion of public input, the review body shall announce its decision or recommendation or shall continue the matter to a subsequent meeting. No additional public notice shall be required once the public hearing on an item has been opened. The review body shall keep minutes of its public hearings, and shall also keep records of its official actions. Decisions of the review body shall be filed in the office of the City Planner.

(D)

Continuances. Any applicant or authorized agent may request the continuance of a public hearing, provided that a written request is filed with the City Planner at least two business days prior to the date of scheduled public hearing. The Planning Commission and City Council, upon majority vote, may grant a continuance upon good cause, provided that the record indicates the reason for such continuance, any conditions placed upon said continuance, and the date on which the item will be considered. At the discretion of the Planning Commission or City Council, re-notification of public hearing may be required as specified in Section 2-100(A).

(E)

Notice to applicant regarding decision. The City Planner shall notify the applicant for any land use approval, in writing, of the City Council's decision within ten (10) days. In the event that the request for approval was denied, the letter shall clearly state the reasons for such denial.

(F)

Filing of resolutions and ordinances. The City Planner shall file with the Rice County Recorder's office a certified copy of all resolutions and ordinances pertaining to land use approvals and amendments to this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

All findings and decisions of the City Planner, Zoning Administrator, or other official involved in the administration of this ordinance shall be final subject to appeal to the Planning Commission, except as otherwise provided by this ordinance. Any affected person may initiate such a request by filing an appeal with the City Planner on an approved form. All appeals shall be filed within thirty (30) days of the date of the decision. The Planning Commission shall hold a public hearing on each complete application for appeal in the manner set forth in Section 2-100 and, after the close of the hearing, shall make findings and submit its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council, acting as the Board of Adjustment, shall make the final decision regarding all appeals requests. Approval shall require a majority vote of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

If substantial development or construction has not taken place within one (1) year of the date of approval of an appeal, such appeal shall be considered void unless a petition for a time extension has been granted by the City Council. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration of the appeal and shall state facts showing a good faith effort to complete work permitted under the original approval.

(Ord. No. 99-20, § 1, 11-23-99)

Amendments to the text of the this ordinance and the official zoning map are made for the purpose of promoting the public health, safety, and general welfare, and in consideration of changing conditions, conservation of property values, the trend of development, and the current and anticipated future uses of property.

(Ord. No. 99-20, § 1, 11-23-99)

Amendments shall be initiated by the City Council, Planning Commission, or by petition of any person with a legal or equitable interest in a property.

(1)

Amendments initiated by petition. An application for amendment to the zoning classification of a particular property shall be filed with the City Planner on an approved form and be accompanied by an accurate boundary survey of the property, concept development plan, and any other information determined by the City Planner to be necessary for review of the request.

(2)

Amendments initiated by the City Council or Planning Commission. The City Council or the Planning Commission may initiate amendments to the text of this ordinance or to the zoning classification of specific properties in the manner provided by Minnesota Statutes 462.357.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each valid and complete application for zoning amendment and all amendments initiated by the City Council or Planning Commission, as provided in Section 2-100. After the close of the hearing on a proposed zoning amendment, the Planning Commission shall make findings, pursuant to Section 2-180, and shall submit the same together with its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all zoning amendments. Amendment of this ordinance or the zoning district boundaries shall require a majority vote four-sevenths ( 4/7 ) of the City Council, except when an adoption or amendment changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, in which case a two-thirds (⅔) vote five-sevenths ( 5/7 ) of all members of the City Council shall be required.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2002-18, § 1, 8-27-02)

The City Council shall make each of the following findings before granting approval of a request to amend this ordinance or to change the zoning designation of an individual property:

(1)

Whether the amendment is consistent with the applicable policies of the city's Land Use Plan.

(2)

Whether the amendment is in the public interest and is not solely for the benefit of a single property owner.

(3)

Whether the existing uses of property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification, where the amendment is to change the zoning classification of a particular property.

(4)

Whether there are reasonable uses of the property in question permitted under the existing zoning classification, where the amendment is to change the zoning classification of a particular property.

(5)

Whether there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its present zoning classification, where the amendment is to change the zoning classification of a particular property.

(Ord. No. 99-20, § 1, 11-23-99)

A zoning certificate is a permit authorizing the development of land or use of land upon evidence that all requirements of this ordinance are satisfied.

(Ord. No. 99-20, § 1, 11-23-99)

Except for single and twin-family residential uses, a zoning certificate shall be obtained from the City Planner prior to the following:

(1)

The construction, reconstruction, enlargement, relocation, or structural alteration of any building or structure or part thereof, including any principal use, accessory use, or any other use that requires a building permit.

(2)

Any change or expansion of use of any building or land.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file an application for a zoning certificate. An application for a zoning certificate shall be filed with the City Planner on an approved form and shall be accompanied by a plan so dimensioned and annotated as to show the proposed building, including building dimensions, height, and use, and existing buildings and uses, if any, in exact relation to lot lines, as well as any other information required by the City Planner to determine compliance with this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

Upon review of the application and plan for consistency with the regulations of this ordinance, the City Planner shall affix a stamp to the plan, which shall serve as the zoning certificate. In such instances where only a change of use and no structural alterations requiring a building permit are involved, the City Planner may affix a stamp to a letter certifying that the change of use is allowed. In the event that an application for a zoning certificate is denied, the applicant shall be notified in writing of the reasons for such denial. The decision of the City Planner may be appealed to the Planning Commission, as provided for in Section 2-110.

(Ord. No. 99-20, § 1, 11-23-99)

In such instances that the application requires additional land use review by the Development Review Committee, Planning Commission, or City Council, the City Planner shall not grant the zoning certificate until all necessary approvals have been obtained.

(Ord. No. 99-20, § 1, 11-23-99)

Any certificate, document, or approval issued by the City Planner may be revoked upon violation of this ordinance or any conditions under which it is issued.

(Ord. No. 99-20, § 1, 11-23-99)

Whenever an application is made for issuance or change of a zoning certificate, which may include the production, processing, cleaning, servicing, testing or repair of materials, goods, and products, the City Planner shall review the application to determine compliance with the applicable regulations of the zoning district and the general performance standards specified in Chapter 6. The City Planner may initiate an investigation or study to ensure compliance with the standards when it is believed that proposed processes may violate applicable general performance standards. When unusual technical complexity or expense would be incurred in securing sufficient information to conclude the study or investigation, the City Planner may require the applicant to provide the evidentiary submission at the applicant's expense, including but not limited to the following:

(1)

Plans of the existing and proposed construction or development.

(2)

Detailed descriptions of existing and proposed machinery, processes, activities and materials made or used and the products made.

(3)

Plans and specifications for the mechanisms and techniques used or proposed to be used in demonstrating compliance with the applicable regulations of the zoning district and the applicable general performance standards.

(4)

Measurements or estimates of the amount and rate of emission of any substance or force demonstrating compliance with applicable general performance standards.

(Ord. No. 99-20, § 1, 11-23-99)

A conditional use permit is a zoning device that is intended as a means of reviewing uses which, because of their unique characteristics, cannot be permitted as a right in a particular zoning district, but may be allowed upon demonstration that such use meets identified standards established within this ordinance. A conditional use permit is granted for the particular use of a specific property, and may be transferred to subsequent owners so long as the use does not change.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file an application for such use when it is identified as a conditional use within the zoning district in which the property is located. An application for a conditional use permit shall be filed with the City Planner on an approved form, as specified in Section 2-90. A written description of the proposed use and a detailed site plan, including information as specified in Section 4-30, shall also accompany the application form unless specifically waived by the City Planner.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each complete application for a conditional use permit as provided in Section 2-100. After the close of the hearing on a proposed conditional use, the Planning Commission shall make findings, pursuant to Section 2-300, and shall submit the same together with its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for conditional use. Approval of the conditional use permit shall require a majority vote of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make each of the following findings before granting a conditional use permit:

(1)

The conditional use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare.

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(3)

The conditional use will be designed, constructed, operated, and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area.

(4)

The conditional use will not impose hazards or disturbing influences on neighboring properties.

(5)

The conditional use will not substantially diminish the value of neighboring properties.

(6)

The site is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection, and schools or will be served adequately as a result of improvements proposed as part of the conditional use.

(7)

Development and operation of the conditional use will not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community.

(8)

Adequate measures have been or will be taken to minimize traffic congestion in the public streets and to provide for adequate on-site circulation of traffic.

(9)

The conditional use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance to the community.

(10)

The conditional use is consistent with the applicable policies and recommendations of the city's Land Use Plan or other adopted land use studies.

(11)

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

(Ord. No. 99-20, § 1, 11-23-99)

The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives identified elsewhere in this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

Failure to comply with any condition set forth as part of conditional use permit approval shall constitute a violation of this ordinance and is subject to the enforcement process identified in Section 2-620. Continued non-compliance shall also constitute grounds for revocation of the conditional use permit, as determined by the City Council following a public hearing on the matter.

(Ord. No. 99-20, § 1, 11-23-99)

If substantial development or construction has not taken place within one (1) year of the date of approval of a conditional use permit, such permit shall be considered void unless a petition for a time extension has been granted by the City Council. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration of the conditional use permit and shall state facts showing a good faith effort to complete work permitted under the original approval.

(Ord. No. 99-20, § 1, 11-23-99)

Where a conditional use has been established and is discontinued for any reason for a period of one (1) year or longer, or where a conditional use has been changed to a permitted use or to any other conditional use, the conditional use permit shall be deemed to be abandoned.

(Ord. No. 99-20, § 1, 11-23-99)

An interim use is a use not currently allowed by this ordinance, which may be allowed as a temporary use of property until an established date, until the occurrence of a particular event, or until the zoning regulations no longer allow it.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council may approve an interim use of property as defined and authorized by Minnesota Statutes 462.3597.

(Ord. No. 99-20, § 1, 11-23-99)

Any person having a legal or equitable interest in a property may file an application to use such land for one or more interim uses. An application for interim use shall be filed with the City Planner on an approved form, as specified in Section 2-90, and shall be accompanied by such information as is requested by the City Planner to facilitate review.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each valid and complete for an interim use as provided in Section 2-100. After the close of the hearing on a proposed interim use, the Planning Commission shall make findings, pursuant to Section 2-400, and shall submit the same together with its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for interim use. Approval shall require a majority vote of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

Required findings. The City Council shall make the following findings in order to approve an interim use:

(1)

The proposed interim use will utilize property where it is not reasonable to utilize it in a manner provided for in the city's Land Use Plan.

(2)

The proposed interim use is presently acceptable but, given anticipated development, will not be acceptable in the future.

(B)

Conditions and guarantees. Any City Council approval of an interim use shall be subject to the following conditions:

(1)

Except as otherwise authorized by this section, an interim use shall conform to this ordinance as if it were established as a conditional use.

(2)

The date or event that will terminate the interim use shall be identified with certainty.

(3)

In the event of a public taking of property after the interim use is established, the property owner shall not be entitled to compensation for any increase in value attributable to the interim use.

(4)

Such conditions and guarantees as the City Council deems reasonable and necessary to protect the public interest and to ensure compliance with the standards of this ordinance and policies of the Land Use Plan.

(Ord. No. 99-20, § 1, 11-23-99)

An approved interim use shall terminate upon the occurrence of any of the following events:

(1)

The termination date specified with approval of the interim use.

(2)

Any violation of the conditions under which the interim use was approved.

(3)

A change in this ordinance which would render the use nonconforming.

(Ord. No. 99-20, § 1, 11-23-99)

Variances are intended to provide a means of departure from the literal requirements of this ordinance where strict adherence would cause practical difficulties because of unique circumstances related to the property. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2011-17, § 3, 10-25-11)

Any person having a legal or equitable interest in a property may file an application for one or more variances. An application for a variance shall be filed with the City Planner on an approved form as specified in Section 2-90, and shall be accompanied by a site plan and any other information deemed necessary by the City Planner to facilitate review.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each valid and complete application for a variance as provided in Section 2-100. After the close of the hearing on a proposed variance, the Planning Commission shall make findings, pursuant to Section 2-460, and shall submit the same together with its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for variance from the provisions of this ordinance. Approval shall require a majority vote of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

Prerequisites for approval. The City Council shall not vary the regulations of this ordinance, except under Subsection (B) below, unless it makes each of the following findings based upon the evidence presented to it in each specific case:

(1)

The variance is in harmony with the general purposes and intent of the City's ordinances.

(2)

The variance is consistent with the Comprehensive Plan.

(3)

The applicant proposes to use the property in a reasonable manner not permitted by the City's ordinances.

(4)

Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property has not had control. The unique circumstances do not result from the actions of the applicant.

(5)

The variance does not alter the essential character of the neighborhood.

(6)

The variance requested is the minimum variance which would alleviate the practical difficulties.

(7)

Economic conditions alone do not constitute practical difficulties.

(B)

Historical variance. The City Council may vary the regulations of this ordinance and declare that practical difficulties exist, regardless of economic circumstances, when the following facts and conditions are shown to exist in addition to the above conditions being satisfied:

(1)

The applicant's property is currently located within the HPD, Historical Preservation District, as identified in Section 13-360, or listed on the National Register of Historic Places.

(2)

The historically significant structure would lose any or all of its historical value and/or architectural uniqueness if strict application of the regulations were carried out.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2011-17, § 3, 10-25-11)

The City Council may impose such conditions upon the premises benefited by the variance as may be necessary to comply with the standards established by the City's ordinances, 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. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2011-17, § 3, 10-25-11)

If substantial development or construction has not taken place within one (1) year of the date of approval of a variance, such variance shall be considered void unless a petition for a time extension has been granted by the City Council. Such extension request shall be submitted in writing at least thirty (30) days prior to expiration of the variance and shall state facts showing a good faith effort to complete work permitted under the original approval.

(Ord. No. 99-20, § 1, 11-23-99)

This ordinance makes provision for the vacation of streets, alleys, or other public reservations of land, when it is demonstrated that such public reservation of land does not, or no longer, serves a clearly identified public purpose.

(Ord. No. 99-20, § 1, 11-23-99)

Any person or persons who own property adjoining on both sides of the street, alley, or public reservation to be vacated may file an application for such action. In the event that the person or persons making the request do not own in entirety the adjoining parcels of land, such application shall be accompanied by affidavits of all such owners indicating their consent.

(Ord. No. 99-20, § 1, 11-23-99)

An application for a vacation of a street, alley, or public reservation shall be filed with the City Planner on an approved form, as specified in Section 2-90, and shall be accompanied by a legal description, a survey depicting the area to be vacated, and a list of all property owners with land adjacent to the area to be vacated.

(Ord. No. 99-20, § 1, 11-23-99)

The Planning Commission shall hold a public hearing on each valid and complete application for a vacation of a street, alley, or public reservation, as provided in Section 2-100. After the close of the hearing on a proposed vacation, the Planning Commission shall make findings, pursuant to Section 2-540, and shall submit the same together with its recommendations to the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the final decision regarding all applications for vacation of a street, easement, or other public reservation of land. Approval shall require a two-thirds (⅔) vote of the City Council.

(Ord. No. 99-20, § 1, 11-23-99)

The City Council shall make the following findings in granting approval of the vacation of a street, alley, or other public reservation:

(1)

No private rights will be injured or endangered as a result of the vacation.

(2)

The public will not suffer loss or inconvenience resulting from the granting of the requested vacation.

(3)

No written objection has been received, prior to the public hearing, from an adjacent property owner who did not join in the application.

(Ord. No. 99-20, § 1, 11-23-99)

Procedures for approval of minor subdivisions, preliminary plats, and final plats are specified within Chapter 15, Subdivision Regulations.

(Ord. No. 99-20, § 1, 11-23-99)

Procedures for approval of a planned unit development are specified in Chapter 14, Planned Unit Development District. Shoreland Planned Unit Developments will also be subject to the standards of Chapter 13, Overlay and Special Districts, Article 6, Shoreland Management District.

(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2006-21, § 2, 9-26-06)

Building permits are required in accordance with the adopted building code. No building permit shall be issued unless the proposed construction or use is in conformance with the requirements of this ordinance and all necessary zoning approvals have been granted.

(Ord. No. 99-20, § 1, 11-23-99)

The City Planner shall review all requests for certificate of occupancy, except in the case of a single or two-family residential use, to ensure compliance with this ordinance and with the terms of any zoning approvals that were required for the project. No certificate of occupancy shall be issued for any building or use until all required improvements and conditions of approval have been satisfied. A temporary certificate of occupancy may be issued in cases where a project is substantially complete and lacks only non-essential site improvements.

(Ord. No. 99-20, § 1, 11-23-99)

All signs displayed within the city are subject to the permit requirements and standards identified in Chapter 9, Signs.

(Ord. No. 99-20, § 1, 11-23-99)

Approval of a site development plan is required prior to approval of a building permit for most uses, as is specified in Chapter 4, Site Plan Review.

(Ord. No. 99-20, § 1, 11-23-99)

The City Planner shall have the authority to investigate any complaint alleging a violation of this ordinance or the conditions of any zoning approval and to take such action as is warranted in accordance with the procedures set forth in this chapter.

(Ord. No. 99-20, § 1, 11-23-99)

(A)

Notice of violation. The City Planner shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to correct it, including a reasonable time period to remedy the violation. The written notice shall advise that the City Planner's decision or order may be appealed to Planning Commission in accordance with the provisions of Section 2-110. Additional written notices may be provided at the City Planner's discretion.

(B)

Enforcement without notice. Whenever the City Planner finds that an emergency exists in relation to the enforcement of the provision of this ordinance which requires immediate action to protect the health, safety, or welfare of occupants of any structure, or the public, the City Planner may seek immediate enforcement without prior written notice, notwithstanding any other provision of this ordinance.

(Ord. No. 99-20, § 1, 11-23-99)

Any person, firm, or corporation violating any of the provisions of this ordinance or any amendment thereto is guilty of a misdemeanor. Fines and imprisonment are appropriate as a penalty for violations and a deterrent against future violations.

(Ord. No. 99-20, § 1, 11-23-99)