Forest Lake City Zoning Code

APPLICATIONS AND

PROCEDURES

§ 153.025 PURPOSE.

This subchapter describes the required applications and procedures for development, redevelopment, and changes in use of property in the city.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.026 GENERAL PROCEDURES.

(A) Applications. Applications must be submitted to the city by the property owner or designated agent on forms provided by the city. Within 15 days following the receipt of the application, the city shall determine if the application is complete and notify applicants of an incomplete application. If the application is deemed incomplete, the application shall not be placed on the Planning Commission agenda until the application is made complete.

(B) Fees. Every application shall be accompanied by the required fee as established and modified, from time to time, by the City Council. An application shall be deemed to be incomplete if it is not accompanied by the required fee. The failure to pay such fee when due shall be grounds for refusing to process the application, and for denying or revoking any permit or approval for the subject property. No fees shall be waived, and no fees shall be refunded, except those authorized by the City Council at its sole discretion.

(C) Schedule. Upon receipt of an application that contains all required information, the city shall schedule the matter for review by the Planning Commission. From the date the city receives the application containing all required information, the City Council must approve or deny the application within 60 days. The city may extend the 60-day period by providing written notice of the extension to the applicant before the end of the initial 60-day period. This notification must state the reason for the extension and its anticipated length, which may not exceed an additional 60 days.

(D) Notification. All applications for development proposals requiring a public hearing must be advertised to allow informed participation by all interested parties and to comply with applicable state statutes. The applicant shall be required to post a sign on the subject property prior to all public hearings in accordance with the following provisions:

(1) Location and time period for posting signs. The required posting period shall be no less than 15 consecutive days, but no more than 30 days, prior to the public hearing or site plan review public meeting. The sign shall be posted at a prominent location on the property, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists. Properties with more than 1 street frontage shall be required to post 1 sign visible from each street frontage.

(2) Applicant’s responsibility for posting signs. The applicant shall obtain the required sign from the City of Forest Lake. It is the applicant’s responsibility to erect the sign on the property and maintain it during the required period.

(3) Failure to post. Failure to post for the required time shall constitute grounds for suspension or discontinuance of the approval process.

(E) Applications that require a public hearing. The following applications require public hearings:

(1) Zoning text and map amendments;

(2) Conditional use permits, amendments, and revocations;

(3) Variances;

(4) Preliminary plats;

(5) Minor subdivisions;

(6) Planned Unit Developments (PUDs);

(7) Interim use permits, amendments, and revocations; and

(8) Vacations of public right-of-way or drainage easement.

(F) Public examination and copying of applications and other documents. During normal business hours, any person may examine the application and material submitted in support of, or in opposition to, the application, subject to the exceptions set forth in the Freedom of Information Act. Upon reasonable request, any person shall be entitled to copies of the application and related documents. The city shall make copies of such materials for a fee as specified by the city.

(G) Withdrawal of application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the city, commission, or board, including the ability to withdraw the application if it has been tabled by a commission or board. There shall be no refund of fees. Requests for withdrawal shall be in writing by the applicant and submitted to the city for record.

(H) Planning Commission and City Council action.

(1) The Planning Commission may recommend such actions or conditions relating to the application as it deems necessary to carry out the intent and purpose of this chapter and the Comprehensive Plan.

(2) The City Council may adopt, modify, or reject any recommendation of the Planning Commission.

(3) The City Council may table a recommendation for further consideration within time periods set by state statute.

(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.027 ZONING INTERPRETATION.

(A) Purpose. This interpretation authority is not intended to add or change the essential content of this chapter. The interpretation authority is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. Such issues may often be addressed by reference to general circumstances that the specific provision was intended to address.

(B) Initiation. Applications for zoning interpretations may be filed by an owner of any property in the city. In addition, the City Council or the Planning Commission may request that the Community Development Department render an interpretation. All applications for interpretations shall be filed with the city in accordance with § 153.027. No person may request an interpretation for purely academic purposes. The interpretation must be for the purpose of furthering some actual development or active zoning issue.

(C) Procedure. The Community Development Department shall review a request for an interpretation and render the interpretation within 30 business days. The city shall have the ability to request additional information prior to rendering an interpretation.

(D) Authority and execution. The Community Development Department and City Attorney shall review and make final decisions on requests for interpretations. Nothing in this section shall require the Community Development Department or City Attorney to make an interpretation if they are of the opinion that the exposure to liability for the city on account of the interpretation outweighs the benefit to the requestor. Such final interpretations shall be brought before the City Council.

(Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.028 REQUIRED NEIGHBORHOOD MEETINGS.

(A) Neighborhood meetings are held for applications for preliminary plats, conditional use permits, Planned Unit Developments, and/or rezoning proposals that are located adjacent to or within a residential zoning district. After the formal application is submitted and accepted as complete for review by the city, but before the request is reviewed by the Planning Commission, the city requires the applicant to hold a neighborhood informational meeting.

(B) The applicant shall schedule the meeting and send out meeting notices to property owners and their tenants within 350 feet of the property proposed for development. This distance is increased to 1,000 feet for sites in the Conservancy, Rural Residential and Agricultural zoning districts. The purpose of this meeting is to provide information about the application and for area property owners to ask questions about the project and the development process before the application is discussed by City Advisory Commissions and the City Council. It is important for citizens to get involved at this state to ensure that concerns are addressed early in the process. Therefore, it is the applicant’s responsibility to hold a neighborhood meeting in accordance with the procedure described in the following paragraphs.

(1) The applicant shall send out meeting notices to property owners and their tenants at least 10 days prior to the scheduled meeting date. Meetings shall be scheduled Monday through Thursday evenings starting at 6:30 p.m. and not on a holiday, evening proceeding a holiday, or on Halloween. The applicant shall host the meeting within the City of Forest Lake and present the project for questions and concerns. Verification that the meeting notice was mailed is required before the application will be scheduled on an agenda for review by the Planning Commission.

(2) The meeting shall be held a minimum of 10 days prior to the Planning Commission meeting at which the proposed application will be discussed. At the completion of the meeting the applicant shall submit a list of attendees and minutes of the meeting to the Community Development staff.

(3) Notices and/or invitations to the neighborhood shall be sent to those names and addresses listed on the public hearing notice list as well as Community Development staff, Planning Commission, Parks, Trails, and Lakes Commission, and City Council members.

(4) The Planning Commission liaison from the City Council shall attend all neighborhood meetings as an observer when possible.

(Ord. 596, passed 2-8-2010; Am. Ord. 640, passed 6-8-2015; Am. Ord. 642, passed 6-22- 2015; Am. Ord. 736, passed 4-22-2024)

§ 153.029 CERTIFICATE OF COMPLIANCE.

(A) Purpose. The purpose of the certificate of compliance provisions of this chapter is to administratively authorize and regulate uses in zoning districts that require a certificate of compliance. The certificate of compliance documents that a proposed development will meet all development standards if the project proceeds in accordance with such plans.

(B) Application. Whenever this chapter requires a certificate of compliance as specified for a particular use or within a specific zoning district, a written application shall be filed with the city. The application shall be accompanied by development plans of the proposed use showing such information as may be reasonably required by the city.

(C) Compliance. The use shall conform to the regulations and/or conditions specified in this chapter and all other conditions of the certificate of compliance.

(D) Issuance and conditions. If the city determines that the use is in compliance with the requirements contained in this chapter and all other necessary conditions, then the city shall issue the certificate. Standards required by this chapter and all other conditions shall be applied to the issuance of the certificate of compliance and a periodic review of the certificate and proposed use may be required.

(E) Record of certificates of compliance. The city shall maintain a record of all certificates of compliance issued, including information on the use, location, and conditions imposed as part of the permit such as time limits, review dates, and such other information as may be appropriate.

(F) Appeals to denial of certificates of compliance. If the request for a certificate of compliance is denied, if conditions are imposed, or if revoked, the applicant may appeal the decision to the Board of Adjustment and Appeals. The procedures to be followed in presenting the appeal shall be the same as those followed for an appeal of any administrative decision made by the city.

(G) Expiration of certificates of compliance. A certificate of compliance shall expire and be considered null and void 1 year after it has been issued if the use has not been established.

(H) Revocation. A violation of any condition set forth in a certificate of compliance shall be a violation of this chapter. Failure to correct the violation within 30 days of written notice from the city shall terminate the certificate of compliance unless an appeal is filed pursuant to division (F) of this section.

(I) Existing uses. All uses existing at the time of adoption of this chapter that required a certificate of compliance but do not have a certificate of compliance may continue in the same manner of the operation as the use did upon the effective date of this chapter. Any enlargement, structural alteration, or intensification of use shall require a new certificate of compliance as provided for above along with other permits and approvals. The city may impose additional, reasonable conditions for the continuation of the use in accordance with the regulations set forth in this chapter.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.030 BUILDING PERMIT.

(A) No structure, except those which are governed by the provisions relating to a certificate of compliance, hereafter shall be erected or structurally altered until a building permit is issued indicating that the existing or proposed structure and the use of the land comply with this chapter and all pertinent building codes.

(B) All applications for building permits pertaining to the erection or alteration of a structure shall be made to the city on forms furnished by the city.

(C) No site preparation work, including rough grading, driveway construction, footing excavation, tree removal, or other physical changes to the site shall occur prior to city approval.

(D) Building permit shall expire 1 year after issuance. The permit may be renewed any number of times as long as progress is being made by the applicant as required in the Building Code, unless prior arrangements have been made by the city and the applicant.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.031 DRIVEWAY ACCESS APPROVAL.

(A) County. Access drives onto county roads shall require an access permit from the Washington County Public Works Department. This permit shall be issued before issuance of any building permits. The County Engineer shall determine the appropriate location, size, and design of the access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. A copy of all documentation shall be submitted to the city for record.

(B) State. Access onto any state highway shall require the approval of a permit from the Minnesota Department of Transportation (MnDOT). This permit shall be issued before issuance of any building permits. The state shall determine the appropriate location, size, and design of the access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. A copy of all documentation shall be submitted to the city for record.

(C) City. Access onto any local city street shall require approval of the City Engineer. The city shall determine the appropriate location, size, and design of the access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow. This approval shall be granted prior to the issuance of any building permits and in writing. A copy of all documentation shall be on file at the city.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.032 ON-SITE WASTE DISPOSAL PERMITS.

(A) In areas without public sewer facilities, no building permit for any use requiring sub-surface sewage treatment and disposal shall be issued until an on-site waste disposal permit has been issued by Washington County.

(B) An on-site waste disposal permit shall be issued only after the applicant furnishes proof that a suitable on-site waste treatment and disposal system can be installed on the site. The system shall conform to all of the requirements of the current subsurface sewage treatment system regulations of Washington County, including percolation tests and borings.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.033 CERTIFICATE OF OCCUPANCY.

(A) It shall be unlawful to use, occupy, or permit the use or occupancy of any building or structure, or portion of a building or structure, constructed, erected, enlarged, altered, converted, or moved onto a lot within the city until a certificate of occupancy has been issued.

(B) A certificate of occupancy shall be issued within 10 business days after the Building Official has determined the building or structure and use are in conformance with all provisions of this chapter and that all conditions for issuance have been met. A record shall be kept of all certificates issued.

(C) A temporary certificate of occupancy may be issued. Conditions may be imposed on the issuance of a temporary certificate of occupancy in order to ensure compliance with this chapter, including posting a bond or other financial security acceptable to the city. Issuance of a temporary certificate shall not alter the rights or obligations of the owner, tenant, or city with respect to full compliance with the requirements of this chapter or other provisions of the City Code.

(D) A certificate of occupancy may be revoked if the building or use is no longer in compliance with this chapter. The city shall have authority to enforce the revocation of the certificate of occupancy by appropriate means. Upon revocation, the building or structure shall not be used for any purposes until the issuance of a new certificate of occupancy.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.034 CONDITIONAL USES.

(A) Purpose. The purpose of a conditional use permit (CUP) is to authorize and regulate uses that are permitted by this chapter if certain conditions, having been designated by this chapter or by the Planning Commission, are met. The use shall comply with all standards of this chapter and any additional conditions, including conditions of operation, location, arrangement, and construction, as may be necessary to protect public health, safety, or welfare.

(B) Application. Application for a CUP shall be made to the city on an official city application form. An application for a CUP shall be accompanied by a fee as established by the City Council. The application shall also include written and graphic materials fully explaining the proposed change, development, or use. The city may require that the applicant submit the following information before the application can be deemed complete:

(1) Legal description of the subject property;

(2) Evidence of ownership or an interest in the property;

(3) General location map;

(4) Principal land uses within 350 feet of the property;

(5) Certificate of survey, to scale, showing applicable existing and proposed conditions, including property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well;

(6) Landscape plan drawn to scale showing applicable existing and proposed vegetation and plantings, plant schedule, including information about the plant size, quantity, type and root condition, and groundcover;

(7) Grading and drainage plan;

(8) Soil conditions;

(9) Building floor plans, elevations, and sections;

(10) Description of type of business or activity and proposed number of employees;

(11) Other information as may be required by the city.

(1) Pursuant to Minnesota Statutes, an application for a CUP shall be approved or denied within 60 days from the date of its official and complete submission. The 60- day review period can be extended an additional 60 days pursuant to M.S. § 15.99, as it may be amended from time to time. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

(2) Upon receipt of a complete application, as determined by the city and following preliminary staff analysis of the application, the city shall refer the matter to the Planning Commission and establish a time for hearing on the application. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. Written notification of the hearing shall be mailed at least 10 days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question.

(3) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.

(D) Procedure.

(1) The Planning Commission shall consider if the proposed use is consistent with the general purpose and intent of this chapter and the Comprehensive Plan. Its judgment shall be based upon, but not limited to, the following:

(a) The impact of the proposed use on the health, safety, and general welfare of the occupants of the surrounding lands;

(b) Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands;

(d) The effect of the proposed use on property values and scenic views in the surrounding area;

(e) The effect of the proposed use on the Comprehensive Plan;

(f) The ability of the proposed use to meet the standards of this chapter;

(g) The results of a market feasibility study, if requested by the city, when the purpose for which the conditional use is being requested relies on a business market for its success;

(h) The effects of the proposed use on ground water, surface water, and air quality; and

(i) Whether the proposed use is allowed with a CUP in the zoning district in which it is proposed.

(2) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant.

(3) The applicant or the applicant’s representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

(4) After receiving a report and recommendation from the Community Development Department and holding a public hearing on the application, the Planning Commission shall issue its written final decision granting or denying the application supported by findings of fact. The Planning Commission may approve conditions relating to the request as it deems necessary to carry out the intent and purpose of this chapter.

(5) In connection with the issuance of CUPs in nonconforming situations, the city may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be imposed regarding such matters.

(6) The city may impose and the applicant shall pay costs incurred by the city for monitoring compliance with the conditions of the CUP.

(E) Certification of taxes paid. Prior to approving an application for a CUP, the applicant shall provide 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 CUP application relates.

(F) Length of conditional use. Any use permitted under the terms of any CUP shall be established and conducted in conformity with the terms of the permit and of any conditions imposed in connection therewith. CUPs shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this chapter shall prevent the City Council from enacting or amending official controls to change the status of conditional uses.

(G) Revocation.

(1) A violation of any condition set forth in a CUP shall be a violation of this chapter, and failure to correct the violation within 30 days of written notice from the city shall terminate the permit.

(2) Revocation shall not occur earlier than 10 city working days from the time the written notice of revocation is served upon the permittee, or, if a hearing is requested, until written notice of the revocation issued by Planning Commission action subsequent to the hearing has been served on the permittee.

(3) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. The written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred, and a statement that if the permittee desires to appeal, he or she must, within 10 days, exclusive of the day of service, file a request for a hearing with the City Administrator.

(4) The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the city by midnight of the tenth day following service of the notice of revocation.

(5) Following the receipt of a request for a hearing, the city shall set a time and place for the hearing, which shall be conducted in accordance with the procedures to appeal decisions of the city as set forth in this chapter.

(H) Records of conditional uses. A certified copy of any CUP shall be filed with the Washington County Recorder or Registrar of Titles. The city shall maintain a record of all CUPs issued, including information on the use, location, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the filed permit, bearing notation of the filing date, shall be mailed to the applicant.

(I) Amendment. Holders of a CUP may propose amendments to the permit at any time, following the procedures for a new permit set forth in this chapter. No significant changes in the circumstances or the scope of the permitted uses shall be undertaken without approval of those amendments by the Planning Commission. The city shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may approve significant changes and modifications to CUPs, including the application of additional or revised conditions.

(J) Expiration. Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within 1 year of the date the CUP is issued, or, unless before the expiration of the 1-year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the CUP. A request for an extension not exceeding 1 year shall be subject to the review and approval of the city. Should the applicant request a second extension or any extension of time longer than 1 year, it shall be presented to the Planning Commission for a final decision.

(K) Reapplication. No application for a CUP for a particular use on a particular parcel shall be resubmitted for a period of 1 year from the date of the denial of the previous application unless a decision to reconsider the matter is made by a majority vote of the full Planning Commission.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 636, passed 3-24- 2014; Am. Ord. 736, passed 4-22-2024)

§ 153.035 INTERIM USES.

(A) Purpose and intent. The purpose and intent 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 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.

(3) To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

(4) To allow cannabis-related uses within the city while preserving the ability to modify appropriate zoning locations to conform with additional future regulation and guidance from the Office of Cannabis Management, and potential future City Code provisions that will be informed by the future education and experiences learned by the city.

(B) Procedures. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the following standards and procedures.

(1) The applicant(s) shall submit a completed application and all required materials to the city. The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant.

(2) Pursuant to Minnesota Statutes, an application for an interim use shall be approved or denied within 60 days from the date of its official and complete submission. The 60-day review period can be extended an additional 60 days pursuant to M.S. § 15.99, as it may be amended from time to time. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

(3) Upon receipt of a complete application, as determined by the city and following preliminary staff analysis of the application, the city shall refer the matter to the Planning Commission and establish a time for hearing on the application. Notice of the hearing shall be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question.

(4) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.

(5) The Planning Commission shall take public testimony at the public hearing and review the submitted application and recommendation from city staff and make a recommendation to City Council for denial or approval. The recommendation of the Planning Commission shall include all conditions or modifications to the application.

(6) The City Council shall review the submitted application and recommendation from the Planning Commission and city staff and make a final decision. The final decision of the City Council shall include all conditions or modifications to the application. The Planning Commission, in making a recommendation, and the City Council, in acting upon an interim use application, shall consider the following general standards.

(1) Meet the standards of a conditional use permit set forth in § 153.034 of this chapter;

(2) Conform to the applicable standards of §§ 153.064 through 153.090 and the applicable zoning district standards;

(3) The use is allowed as an interim use in the respective zoning district;

(4) The date or event that will terminate the use can be identified with certainty;

(5) The use will not impose additional unreasonable costs on the public;

(6) The user agrees to any conditions that the Planning Commission deems appropriate for permission of the use.

(D) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:

(1) The date stated in the permit;

(2) Upon violation of conditions under which the permit was issued;

(3) Upon change in the city’s zoning regulations which renders the use nonconforming;

(4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(E) Revocation.

(1) A violation of any condition set forth in an Interim Use Permit shall be a violation of this chapter, and failure to correct the violation within 30 days of written notice from the city shall terminate the permit.

(2) Revocation shall not occur earlier than 10 city working days from the time the written notice of revocation is served upon the permittee, or if a hearing is requested, until written notice of the Planning Commission action has been served on the permittee.

(3) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. The written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred, and a statement that if the permittee desires a hearing to contest the revocation, the permittee must, within 10 days, exclusive of the day of service, file a request for a hearing.

(5) Following the receipt of a request for a hearing, the city shall set a time and place for the hearing which shall be conducted in accordance with the procedures to appeal decisions of the city as set forth in this chapter.

(F) Amendment. Holders of an IUP may propose amendments to the permit at any time following the procedures for a new permit set forth in this chapter. No significant changes in the circumstances or the scope of the permitted uses shall be undertaken without approval of those amendments by the Planning Commission. The city shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may approve significant changes and modifications to IUPs, including the application of additional or revised conditions.

(G) Expiration. Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within 1 year of the date the IUP is issued, or, unless before the expiration of the 1-year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the IUP. A request for an extension not exceeding 1 year shall be subject to the review and approval of the city. Should the applicant request a second extension or any extension of time longer than 1 year, it shall be presented to the Planning Commission for a decision.

(H) Reapplication. No application for an IUP for a particular use on a particular parcel shall be resubmitted for a period of 1 year from the date of the denial of the previous application unless a decision to reconsider the matter is made by a majority vote of the full Planning Commission.

(I) Certification of taxes paid. Prior to approving an application for an interim use permit, the applicant shall provide 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 interim use permit application relates.

(Ord. 596, passed 2-8-2010; Am. Ord. 636, passed 3-24-2014; Am. Ord. 648, passed 9-28-2015; Am. Ord. 736, passed 4-22-2024; Am. Ord. 744, passed 11-25-2024)

§ 153.036 VARIANCES.

(A) Purpose. The purpose of the variance provisions of this chapter is to provide for deviations or variations from the provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and when it is demonstrated that such actions would be consistent with the spirit and intent of this chapter and with the Comprehensive Plan. As used in connection with the granting of a variance, PRACTICAL DIFFICULTIES means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning code. Any use that is not allowed under this chapter for property in the zone where the affected person’s land is located may not be permitted by a variance.

(B) Application. Application for a variance shall be made to the city on forms provided by the city. An application for a variance shall be accompanied by a fee as set forth in the City Code. The application shall also include written and graphic materials fully explaining the requested variance. The city may require that the applicant submit the following information before the application can be deemed complete:

(1) A certificate of survey or map of the property that shows all lot lines, existing and proposed structures, driveways and parking areas, significant topographical features, and significant trees;

(2) Evidence of ownership or an interest in the property and its legal description;

(3) A written description of the variance request, including an explanation of compliance with the variance criteria set forth in this chapter;

(4) Building floor plans, elevations, and sections;

(5) Grading and drainage plan; and

(6) Other information as may be required by the city.

(1) Pursuant to Minnesota Statute, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission. The 60-day review period can be extended an additional 60 days pursuant to M.S. § 15.99, as it may be amended from time to time. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

(2) Upon receipt of a complete application, as determined by the city, and following preliminary staff analysis of the application, the city, shall refer the matter to the Planning Commission acting as a board of appeals and adjustments pursuant to M.S. § 362.357, Subd. 6(2) and establish a time for the hearing on the application. At least 10 days before the date of the meeting, a written notice of the meeting shall be published in the official newspaper and mailed to all owners of land within 350 feet of the boundary of the property in question.

(D) Procedure.

(1) The Planning Commission shall not approve a variance application unless it finds failure to grant the variance will result in practical difficulties for the applicant and, as may be applicable, the following practical difficulty criteria shall be considered:

(a) Because of the particular physical surroundings, shape, or topographical conditions unique to the specific parcel of land involved, a practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

(b) The property owner proposes to use the property in question in a reasonable manner not permitted by this chapter. Economic considerations alone (or desire to increase the value or income potential of the land) shall not constitute practical difficulties if reasonable use of the property exists under the terms of this chapter;

(d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity of the parcel or land, nor shall it alter the essential character of the locality;

(e) The proposed variance is in keeping with the spirit and intent of this chapter and thus approval of the variance will not:

1. Impair an adequate supply of light and air to adjacent property;

2. Substantially increase the congestion of the public streets;

3. Increase the danger of fire;

4. Endanger the public safety; or

5. Substantially diminish or impair property values within the neighborhood; or

6. Cause drainage issues for an adjacent property.

(2) Inadequate access to direct sunlight for solar energy systems may be considered a practical difficulty. Variances shall be granted for earth sheltered construction, as defined in M.S. § 216C.06, Subd. 14, when in harmony with this chapter.

(3) The city shall have the authority to request additional information from the applicant.

(4) The applicant or the applicant’s representative may appear before the Planning Commission to present information and answer questions concerning the request.

(5) The Planning Commission shall issue its final decision granting or denying the request supported by findings of fact.

(6) In granting a variance, the Planning Commission, after considering the recommendations of the city staff, shall impose such conditions as it deems necessary to carry out the purpose of this chapter. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(E) Expiration. Any variance granted by the city shall run with the land and shall be perpetual. However, if no building permit has been issued or substantial work performed on the project within 1 year of approval, then the variance shall be null and void. The Planning Commission may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by the extension. If the variance is part of an approved site and building plan, extension of the time for construction shall be contingent upon a similar extension of the time for the site and building plan by the Planning Commission as required by this chapter. Once the project is completed as approved, the variance becomes perpetual.

(F) Specific project. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial compliance with the building plans and specifications reviewed and approved by the city.

(G) Certification of taxes paid. Prior to approving an application for a variance, the applicant shall provide 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 variance application relates.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 610, passed 9-12-2011; Am. Ord. 636, passed 3-24-2014; Am. Ord. 648, passed 9-28-2015; Am. Ord. 736, passed 4-22-2024)

§ 153.037 ZONING ORDINANCE TEXT AND MAP AMENDMENTS.

(A) Purpose. This section specifies the procedures for amendments to the text of this chapter or associated Official Zoning Map.

(B) Application.

(1) An amendment to the text of this chapter or a change in the boundaries or designations in the Official Zoning Map may be initiated by a simple majority of the City Council or Planning Commission. Any persons owning property within the city, or their designated agent, may initiate an application to amend the district boundaries or designation on the Official Zoning Map for property in which they have a real estate interest.

(2) A request for an amendment to the text of this chapter or a change in the boundaries or designations in the Official Zoning Map shall be filed with the city on an official application form. The application shall be accompanied by a fee as set forth in a resolution by the City Council. The application shall include detailed written and graphic materials fully explaining the request. The city may require that the applicant submit the following information before the application can be deemed complete:

(a) The name and address of the applicant or applicants;

(b) The legal description of the area proposed to be rezoned, the name and addresses of all the owners of property lying within such area, and a description of the property owned by each;

(d) A description of the present use of each separately owned parcel within the area and the intended use of any parcel of land therein;

(e) If determined by the city, a site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping, and other improvements;

(f) A statement of how the rezoning would fit in with the general zoning pattern of the neighborhood and the zoning plan of the entire city;

(g) A survey showing the property to be rezoned and the present zoning of the surrounding area for at least a distance of 350 feet, including the street pattern of the area, together with an abstractor’s certificate with the names and addresses of the owners of the land in each area;

(h) Proof of ownership of the property; and

(i) Such other information as the city may require.

(1) Pursuant to Minnesota Statutes, an application for an amendment to the text of this chapter or a change in the boundaries or designations in the Official Zoning Map shall be approved or denied within 60 days from the date of its official and complete submission. The 60-day review period can be extended an additional 60 days pursuant to Minnesota Statute. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

(2) Upon receipt of a complete application, as determined by the city, and following preliminary staff analysis of the application, the city, when appropriate, shall set a public hearing following proper hearing notification. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. Written notification of the hearing shall also be mailed at least 10 days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question. This distance is increased to 1,000 feet for sites in the Conservancy, Rural Residential and Agricultural zoning districts.

(D) Procedure.

(1) Findings of fact. The Planning Commission recommendation and City Council decision on any zoning amendment, whether text or map amendment, is a matter of legislative discretion that is not controlled by any particular standard. However, in making their recommendation and decision, the Planning Commission and City Council shall consider the following standards, as set forth in division (E).

(2) The Planning Commission and city staff shall have the authority to request additional information from the applicant.

(3) The applicant or the applicant’s representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

(4) The Planning Commission shall make findings of fact and make a recommendation on the request. The recommendation shall be in writing and accompanied by the report and recommendation of the city staff.

(5) Upon receiving the report and recommendation of the Planning Commission and the city staff, the city shall schedule the application for consideration by the City Council. The reports and recommendations shall be entered in and made a part of the permanent record of the City Council meeting.

(6) Approval of a request shall require passage by a majority vote of the entire City Council, except an amendment changing a district from residential to commercial or industrial that shall require a 2/3 majority vote.

(E) Standards for zoning amendments.

	Map Amendments	Text Amendments
The existing use and zoning of nearby property.	x
The extent to which the proposed amendment promotes the public health, safety, comfort, convenience, and general welfare of the city.	x
The relative gain to the public, as compared to the hardship imposed upon the applicant.	x	x
The suitability of the property for the purposes for which it is presently zoned, i.e. the feasibility of developing the property in question for 1 or more of the uses permitted under the existing zoning classification.	x
The length of time that the property in question has been vacant, as presently zoned, considered in the context of development in the area where the property is located.	x
The evidence, or lack of evidence, of community need for the use proposed by the applicant.	x
The consistency of the proposed amendment with the Comprehensive Plan.	x	x
The consistency of the proposed amendment with the intent and general regulations of this chapter.		x
Whether the proposed amendment corrects an error or omission, adds clarification to existing requirements, or reflects a change in policy.		x
Whether the proposed amendment provides a more workable way to achieve the intent and purposes of this chapter and the Comprehensive Plan.		x
That the proposed amendment will benefit the residents of the city as a whole, and not just the applicant, property owner(s), neighbors of any property under consideration, or other special interest groups, and the extent to which the proposed use would be in the public interest.	x	x
The extent to which the proposed amendment creates nonconformities.	x	x
The trend of development, if any, in the general area of the property in question.	x
Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses, which would be permitted on the subject property if the amendment were adopted.	x
The extent to which the proposed amendment is consistent with the overall structure and organization of this chapter.		x
That there is an adequate buffer or transition between potentially incompatible districts.	x
That the proposed action will not adversely affect property values.	x

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 736, passed 4-22-2024)

§ 153.038 SITE PLAN APPROVAL.

(A) Purpose. The purpose of this section is to establish a formal site plan review procedure that will assist the city in achieving safe, functional, and attractive development. Site plan review is required for uses, other than the exempted uses below, prior to issuance of a building permit for new construction or additions or changes to a building’s exterior and is required in conjunction with an application for a:

(1) Conditional use permit;

(2) Plat;

(3) Residential subdivision;

(4) Commercial development;

(5) Variance;

(6) Rezoning;

(7) Planned Unit Development;

(8) Subdivision; and

(9) Interim use permit.

(B) Exemptions from review. The following uses shall be exempted from the site plan review requirements:

(1) Agricultural uses in the AP, C, A, and RR Districts;

(2) Single-family detached and two-family dwellings; and

(3) Single-family attached dwellings approved by Planned Unit Development and/or subdivision unless otherwise required by the city.

(C) Preliminary review. Prior to developing a final site plan for submission, applicants are encouraged to submit a sketch plan to the city for review and comment. City staff shall have the authority to refer the sketch plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions, comments, or suggestions offered in this preliminary review shall not constitute a binding decision on the request.

(D) Application. The following data shall be submitted in conjunction with an application for final site plan review. The city may waive some requirements depending on the complexity of the proposal.

(1) Certificate of survey. Shall be drawn to scale of not more than 1 inch equals 50 feet and include the following information:

(a) The date, north point, map scale, name and address of the applicant, owner, operator, surveyor, engineer and designer, including their license numbers and seals;

(b) A correct boundary survey and legal description of the subject property;

(c) Depiction of all existing watercourses, lakes, wetlands, wooded areas, and rock outcrops - see §§ 153.196 et seq. and § 153.089 for woodland and shoreland requirements;

(d) The location, right-of-way width, dimensions and names of existing or dedicated streets or other public lands, permanent buildings and structures, easements, section and corporate lines within the subject property and within a distance of 100 feet from the property boundaries;

(e) Descriptions, reference ties, and elevations of all benchmarks;

(f) Location of all monuments existing at the time of the survey and those which the surveyor shall have located at the corners of the subject property;

(g) Reference to and relations of municipal, township, county, or section lines to lines of the subject property by distances, angles, radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs; and

(h) Boundary lines of adjoining property within 100 feet, identifying owners.

(2) Site plan. Shall be drawn to scale of not more than 1 inch equals 50 feet and include the following information:

(a) Boundaries with dimensions and angles and ties to section lines;

(b) Existing buildings on the site and within 100 feet;

(d) Existing and proposed curbs, curb cuts and driveways, curb and driveway cross-sections;

(e) Existing and proposed parking and loading facilities, parking lot cross sections;

(f) Trash and waste storage facilities;

(g) Pedestrian circulation system with cross-section;

(h) Screening (fences, walls, landscaping, and berms) with construction details; and

(i) Tabulation of pertinent site data to aid in evaluating compliance with zoning requirements.

(3) Lighting plan. Shall include the following information:

(a) Location of all exterior lighting;

(b) Illumination pattern and data on lighting fixtures;

(d) Relationship to lighting on abutting properties.

(4) Grading and drainage plan. Shall include the following information:

(a) Existing and proposed topography;

(b) Existing and proposed drainage facilities;

(c) Delineation of topography of subject property with contour intervals of not more than 2 feet and supplemental of 1 foot in extremely flat areas;

(d) Calculations to determine sizing of pipes, structures, and water storage areas;

(e) Gradients and invert elevations of surface drainage and pipes;

(f) Erosion control measures; and

(g) Drainage easements.

(5) Utilities plan. Shall include the following information:

(a) Existing and proposed sanitary sewer and water systems;

(b) Elevations, gradients, and sizing of all components; and

(6) Landscape plan. Shall include the following information:

(a) Location, size, and species of all proposed plant materials;

(b) Location, size, and species of all existing plant materials over 4 inches in diameter at 4.5 feet above ground level measuring a minimum of 6 inches in diameter for all hardwood deciduous trees or a minimum of 12 inches in diameter for all softwood deciduous trees or a minimum of 12 feet in height for all coniferous trees;

(d) Planting details; and

(e) Existing plants to be removed.

(7) Sign plan. Shall include the following information:

(a) Site plan locating all freestanding signs;

(b) Diagrams of sign copy with dimensions and color;

(d) Height of all signs;

(e) Sign illumination system; and

(f) Structural plans showing materials, fabrication, and mounting system.

(8) Building plan. Shall include the following information:

(a) Elevation drawings, sections, or illustrations indicating the architectural treatment of all proposed buildings and structures;

(b) Floor plans of all proposed buildings and structures;

(d) Type, location, and treatment of exterior mechanical devices, such as vent exhaust fans, air conditioners, and elevators;

(e) Type of exterior building materials;

(f) Exterior colors of all building materials; and

(g) Outline specifications.

(9) Identification of variances. All variances must be clearly shown.

(E) Procedure. Once preliminary review of a sketch plan has been reviewed, the applicant shall submit an application to the city for final site plan review. The final site plan review process shall be as follows:

(1) The applicant(s) shall submit a completed application and all required final site plan review materials to the city.

(2) The city staff shall review the application and forward a report and recommendation, including all conditions, to the Planning Commission.

(3) The Planning Commission shall review the submitted final site plan application and recommendation from city staff and make a final decision, prior to issuance of a building permit for new construction, building additions, or significant changes to a building’s exterior. The Planning Commission shall have the authority to make final decisions on final site plan applications within previously approved Planned Unit Developments. The final decision of the Planning Commission shall include all conditions or modifications to the final site plan application.

(4) The Planning Commission may remove, alter, or impose additional conditions to the final site plan application.

(5) The decision of the Planning Commission approving or denying final site plan approval along with its findings shall be formally recorded.

(6) In evaluating its recommendation and approval, the Planning Commission shall take into consideration the following:

(a) Consistency with the City Comprehensive Plan;

(b) Compliance with this chapter;

(c) The preservation of the site in its natural state to the extent practicable by minimizing tree loss, soil removal, and grading;

(d) The harmonious relationships between buildings, open spaces, natural site features, architectural details, and vehicular and pedestrian circulations; and

(e) The protection of adjacent and neighboring properties.

(F) Amendments to approved site plan reviews.

(1) Application. An application for an amendment to an approved site plan shall be submitted to the city. Amendment applications shall include a written description of the proposed change, including the reason for such change, and a notation of the location on the approved site plan.

(2) Determination of type of change. Upon receipt of a complete application and using the following criteria, the Community Development Department shall determine within 15 business days whether the proposed amendment constitutes a minor or major change to an approved site plan. Major changes to an approved site plan shall include, but are not limited to:

(a) An increase in the gross floor area;

(b) A change in architectural design and/or materials;

(d) A change in building height;

(e) A change in the number of dwelling units;

(f) A reduction in open space or required yards;

(g) A reduction in the number of parking spaces or an increase of more than 4 parking spaces;

(h) A change in the number and/or location of accesses to public streets or alleys;

(i) A change in excess of 5 feet in the location of walkways, vehicle circulation ways, and parking areas;

(j) A change in the landscape plan that results in a reduction in the net amount of plant material.

(3) Approved site plan major change review procedure.

(a) Once accepted, the Community Development Department shall forward the complete application to the Planning Commission for recommendation to the City Council.

(b) The Planning Commission shall consider amendment applications within 60 days of receipt of a complete application. If, in the Planning Commission’s judgment, the application does not contain sufficient information to enable the Commission to properly discharge its responsibilities, the Commission may request additional information from the applicant. The City Council may approve a site plan amendment request by a majority vote of all its members. If the City Council denies the site plan amendment request it must state in writing the reasons for the denial at the time that it denies the request. If a written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making the decision. The written statement must be consistent with the reasons stated in the record at the time of denial. The written response of denial or approval with conditions meets the 60-day time limit if the city can document that the response was sent within 60 days of receipt of the complete written application.

(4) Approved site plan review minor change procedure.

(a) The Community Development Department shall approve minor changes to the approved site plans within 15 business days of receipt of the complete application. The 15 business days timeframe shall commence after the determination that the change is a minor change. If the Community Development Department determines the

application does not contain sufficient information, the Community Development Department may request additional information from the applicant. In that event, the 15 business day period shall be suspended pending receipt of all requested information.

(b) The Community Development Department may also, at its discretion, determine that a proposed change to an approved site plan constitutes a major change and, as such, must be submitted to the Planning Commission in accordance with the procedures for a major change.

(c) If the Community Development Department does not approve the minor change, the applicant may appeal the decision to the Planning Commission in accordance with the procedures for a major change.

(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 636, passed 3-24- 2014; Am. Ord. 648, passed 9-28-2015; Am. Ord. 736, passed 4-22-2024)