Fridley City Zoning Code

1. Applicability

(a) Hereafter all development applications, permits and subdivisions of land as defined herein, made within the City of Fridley, are subject to and must conform to the regulations in this Title and other applicable laws unless otherwise stated. All developments must conform to the official Zoning Map and other City plans, ordinances, chapters and regulations.

(b) No conveyance of any lot or parcel of land in a subdivision is lawful until final approval by the City Council and recording of the plat have occurred.

(c) No permit to erect, alter or repair any building may be issued until any required approvals are granted by the City.

2. Authority to File Applications

(a) Development review applications for an individual property may be initiated by:

(1) The owner of the property that is the subject of the application; or

(2) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. The property owner must sign the application in order to show authorization.

(b) If the property subject to an application has more than one owner, all owners or their authorized agents must sign the application.

(c) The City may initiate zoning text and map amendments to this chapter. If the subject of the amendment is a specific site or project, the City may initiate amendments with or without application from the owner.

3. Application Submittal

(a) A complete application must be made in writing, submitted in a format prescribed by the City, together with a non-refundable application fee as established by the Fees Chapter of the Code.

(b) Accompanying materials, such as a site plan or other documentation as required by the City, must be supplied with the application.

(c) Application fees are not refundable, except where the Community Development Director has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case an appropriate refund will be made to the applicant.

(d) An application will not be accepted until all required materials have been submitted. Any application not submitted in the manner prescribed under this Chapter will be deemed “incomplete.”

(e) When a written request or submitted application is received by the City, the City will, within 15 business days of its receipt, notify the person making the written request or submission if it is not complete. Notification will be done in writing. If such notification is sent, it will contain a list of those items necessary to complete the application. No period for agency action specified in Minnesota Statutes (M.S.) § 15.99 will commence until a complete application is submitted to the City, including any items specified in the notice from the City as the basis for a determination of incompleteness.

4. Application Review

(a) Upon receipt of a complete application, the Community Development Director or a designee will:

(1) Review the request.

(2) Refer the request to the appropriate staff as needed.

(3) Refer the application to the appropriate body(/ies) for review.

(4) Instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the appropriate decision-making body.

(b) Any and all expenses incurred by the City for engineering, planning, legal or other services related to the review and processing of the land use or subdivision application that exceeds the established application fee will be collected from the applicant.

(c) Timelines for Review

(1) The City expressly reserves the right to extend, with written notice, the period for action under M.S. § 15.99 for a land use application for a period of up to 60 days beyond the deadline specified therein if the Community Development Director finds that additional time is reasonably necessary to process and review the submission. The applicant may provide a written extension of the review deadline beyond 60 days.

(2) Under M.S. § 462.358, subdivision applications for preliminary plats will be preliminarily approved or disapproved within 120 days following delivery of a complete application, unless an extension of the review period has been agreed to by the applicant.

(3) Under M.S. § 462.358, an application for a final plat will be approved or disapproved within 60 days following delivery of a complete application, unless an extension of the review period has been agreed to by the applicant.

5. Decision-Making Bodies and Officials.

(a) The following decision-making bodies have the primary responsibility of review and decision-making authority on development applications submitted to the City. Any determination made by the City Council or Board of Appeals is final, unless otherwise stated.

(1) Community Development Director. The Community Development Director has the primary responsibility for the enforcement of this Title. No structure may be built, moved or altered and the use of land substantially changed except after having an approved development application and obtained a permit from the City. Additional powers and duties to enforce the provisions of this Title include:

((a)) Examining and filing any application pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of this title;

((b)) Receive, file and forward for action all applications for appeals, variances, conditional uses, interim uses and amendments to this Title which are filed in the Community Development Department;

((c)) Conduct inspections of buildings, structures and uses of land to determine their compliance with this Title;

((d)) Revoke certificates of zoning compliance where provisions of this Title are being violated;

((e)) Maintain permanent and current records of zoning code, including all maps, amendments, conditional uses, interim uses and variations;

((f)) Provide and maintain public information relative to all matters arising out of this title.

(2) Development Review Committee. The Development Review Committee consists of city staff members appointed by the City Manager. The committee is established to provide feedback and review of plans for conformance with the technical requirements of this Title. The Development Review Committee can make recommendations to the Planning Commission and City Council regarding applications for land use approval. Discussions or recommendations that occur from the Development Review Committee are not binding on the City and do not constitute official assurances of the City.

(3) Planning Commission. As established and organized under the Commissions Chapter of the Fridley City Code, the Planning Commission serves as an advisory body to the City Council on all matters related to land use, zoning and community development, except that the Planning Commission may unanimously approve requests for variances for single family uses in the R-1 and R-H districts if the staff recommendation and public hearing comments also support approval. As directed by this Title, the Planning Commission holds public hearings. Review of all applications are determined on the relationship to the Comprehensive Plan, other approved City plans, and the ordinances amending this Title.

(4) City Council. The Council has the authority to adopt, amend, and repeal zoning ordinances and conduct public hearings. They review and decide on development and land use applications, oversee zoning compliance and enforce penalties for violations.

6. Public Hearings

(a) Public hearings required by this Chapter will be conducted pursuant to the rules established for each of the bodies, the City Code, and in compliance with state law.

(b) Upon official submission of a complete application requiring a public hearing, the Community Development Director will set a public hearing for the next available regular meeting.

(c) Notice of the public hearing with the location of the meeting and a description of the property and the application will be published in the official newspaper of the City no more than 30 days and no less than 10 days prior to the date of the hearing.

(d) Written notification of the public hearing will also be mailed at least 10 business days prior to the date of the hearing to the following recipients regarding the property in question:

(1) All property owners of record according to the county assessment records within 350 feet of the boundary of the subject property.

(2) If the proposed project abuts or includes a state trunk highway, a county state aid road or a shoreland area, a copy of the application and notice of hearing will be provided to the Minnesota Department of Transportation (MNDOT), the Anoka County Engineer or the Minnesota Department of Natural Resources, respectively.

(3) A copy of the notice and list of the individuals and/or property owners and addresses to which the notices were sent will be attested to by the Community Development Director and made part of the official record. The failure to give mailed notice to individual property owners, or defects in the notice, does not invalidate the proceedings, provided a bona fide attempt to comply with this division has been made.

(e) Written notification of the hearing may also be posted on the subject property in a format that will be legible to those in the vicinity.

7. Planning Commission Action

(a) The Planning Commission will hold the public hearing when required, or except as otherwise provided herein. The applicant is encouraged to attend the public hearing.

(b) The Planning Commission will 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 concerning operational factors. Said information may include operational factors necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

(c) Unless otherwise provided for by this Title, the Planning Commission will make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of the chapter. Such recommendation will be in writing and accompanied by any report and recommendation of the City staff.

(d) Where required by this Title, the Planning Commission will review and recommend approval, recommend approval with conditions, or recommend denial of the application. Findings for the recommendation will be stated and provided in writing.

8. City Council Action

(a) The City Council has the option to set and hold a public hearing if deemed necessary.

(b) Unless exempted by this Title, the City Council will review and approve, approve conditionally or deny the application. Findings for the decision will be stated and provided to the applicant in writing.

9. Actions after Approval

(a) Following the decision, the Community Development Director will notify the applicant of the decision and reasons thereof.

(b) The granting of a specific application by the City does not constitute, imply or guarantee the granting of any other required approvals (e.g., a building permit).

(c) Recording. The City will file all required documents, such as ordinances, resolutions and agreements with County Recorder or Registrar of Title’s office within 90 days of approval. Proof of recording will be submitted to the applicant.

(d) If conditions of approval have been provided, they must be satisfied by the applicant within one year of approval or as specified in the approval. If the applicant fails to satisfy any of the conditions within the relevant timeframe, the approval will be deemed revoked or void applicable to the procedures in Section 650.05.

(e) Lapse of Approval by Non-Use

(1) If work as permitted by a land use or subdivision approval is not commenced within one year after the approval was granted, then the approval will become null and void unless a written request for extension of time in which to complete the work has been granted by the City Council. The request for an extension must be approved prior to the original approval’s expiration.

(2) Such an extension must be requested in writing and filed with the City at least 20 days before the expiration of the original approval. The request for extension must state facts showing a good faith attempt to complete the work permitted in the original approval and the reasons for requesting the extension.

(3) Such a request will be presented to the City Council for review and decision.

10. Withdrawal of Applications

(a) Any request for the withdrawal of an application must be submitted in writing by the applicant to the Community Development Director.

(b) In all cases where the applicant has requested withdrawal of an application, the associated fee paid, and any costs incurred by the City in the processing of an application will not be refunded.

11. Successive Applications

(a) Whenever an application has been considered and denied by the City Council, a similar application affecting substantially the same property will not be accepted by the City for at least six months from the date of its denial; and a subsequent application affecting substantially the same property will likewise not be accepted by the City for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full City Council.

12. Permits Required

(a) No construction is permitted to commence until the property owner(s) or their agent(s) obtain and are issued all required permits from the City indicating that the existing or proposed structure and the use of the land comply with this Title and all city codes.

13. Certificate of Occupancy

(a) A certificate of occupancy must be obtained for all new construction stating that all provisions of this Chapter and the Lands and Buildings Title are in compliance.

(b) No permit or license required by the City of Fridley or other governmental agency may be issued by any department official or employee of the City of such governmental agency, unless the application for such permit or license is accompanied by proof of the issuance of a certificate of occupancy or certificate of compliance.

14. Annexation

(a) Areas hereinafter annexed to the City of Fridley will be considered to be in the R-1 District, and may be changed wholly or partly to any other District(s) only by an amendment as provided for herein in the Ordinance Amendment (Text or Map) Section except where a different zoning classification is established by and under any ordinance for the annexation of the affected lands.

15. Common interest community (CIC) plats.

(a) All CIC plats prepared pursuant M.S. Chapters 505, 508, or 508A must be reviewed and approved by the City Council after undergoing the preliminary plat and final plat process identified in this article, except that the CIC plat does not have to be signed by the City. If the Planning Commission recommends approval of the preliminary CIC plat, the final CIC plat does not need to be reviewed by the Planning Commission before City Council consideration.

(b) Developments using plats for common interest communities prepared pursuant to M.S. § 515B.2-1101(c) are subject to park dedication requirements and other similar development fees applicable to subdivisions platted under M.S. Chapter 505 and a copy of such a plant must be delivered to the City no later than the date such plat is recorded

1. The Community Development Director may require or recommend a concept plan in order to ensure that an applicant is informed of the procedural requirements, the minimum standards of this chapter and the requirements or limitations imposed by other City ordinances, code provisions or plans prior to the development of a site or preliminary plat.

2. If a concept plan is required by the City, the applicant must submit a concept plan to the Community Development Director prior to the filing of a land use application or a preliminary plat.

3. Concept plans may also be submitted voluntarily by an applicant prior to a formal application. At the time of submittal, the applicant may request a pre-application meeting.

4. If a pre-application meeting is requested by the applicant or recommended by the City, it is considered an informal discussion regarding the possible project subject to this Title. The Community Development Director or a designee hall discuss the possible project with the Development Review Committee.

5. The Community Development Director has the authority to refer the concept plan to the Planning Commission and/or City Council for review and comment.

6. Comments or discussions on the concept plan will not be considered binding on the City in regard to subsequent development or plat review and do not constitute official assurances or representations of the City, including any comments or discussions by the City Council.

1. Zoning Permit

(a) The purpose of a zoning permit is to ensure that exterior property improvements meet code requirements prior to the installation of said improvements. This process protects property owners from unnecessary costs of addressing noncompliant improvements and protects adjacent properties that may be adversely affected by noncompliant improvements.

2. A zoning permit is required for any structure or site improvement exempt from the State Building Code but regulated within this chapter, including, but not limited to, decks and platforms less than 30 inches above adjacent grade and not attached to a structure with frost footings; driveways; fences; patios; sheds less than 200 square feet in size; sidewalks and swimming pools (without footings).

(a) Zoning Permits are not required for those items otherwise permitted by the City (e.g., under a Critical Area Permit or Engineering Permit), or those items that can be reasonably relocated by the property owner without:

(1) use of heavy equipment;

(2) damage to the structure or site improvement, including its exterior surface;

(3) damage to the site where the structure or site improvement is located, including the groundcover beneath the structure.

(b) A zoning permit application must be submitted in the format required by the City. The application must include a site plan depicting the requirements in this Section.

(c) Zoning permits for temporary uses.

(1) are valid for the time period stated on the approved permit (typically 14 days).

(2) A temporary zoning permit may not exceed 30 days. There must be 30 days between repeated temporary zoning permits for the same location.

(3) A refundable deposit may be required with a zoning permit for a temporary use.

(d) No additional fee is required for a zoning permit unless the zoning permit application requires an investigation or inspection by City Staff to ensure compliance with this Title or other applicable sections of the City Code or document recording. The applicant must pay the established inspection/investigation and recording fees prior to the City granting the zoning permit.

(e) The Community Development Director will approve or deny the zoning permit application. A zoning permit application will be denied if the proposed building, structure or other improvement fails to meet all requirements of this Chapter or other applicable provisions of this Title.

3. Site Plan Review

(a) A site plan is required for the following:

(1) Any residential building addition;

(2) All new residential developments with three or more units;

(3) New manufactured homes;

(4) Any nonresidential developments or projects, including but not limited to exterior building improvements, additions and parking lots affecting four or more stalls; and

(5) Demolitions.

(b) Site plan review may be part of a building permit approval process, or may be included as part of the review process for other requests, such as conditional use permits or variances.

(c) The Community Development Director will approve or deny the site plan application.

(d) All site improvements are to be secured at the rate of three percent of the total project cost up to a maximum amount of $60,000, guaranteed by letter of credit in favor of the City.

(e) The Council may waive the financial security requirement, but a performance agreement would then be required from the land owner, requiring the work to be done within a reasonable time to be fixed in the agreement, and if such improvements are not completed within the time specified, the City may construct or complete such improvements and assess the cost against the owner.

4. Conditional Use Permit (CUP)

(a) Purpose

(1) The purpose of this Section is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads and all such other factors as the City reasonably deems requisite of consideration in determining the effect of such use pursuant to M.S. § 462.3595, subd. 1.

(b) Application Review

(1) An application must be made and reviewed following the procedures in this Chapter.

(2) The City Council may grant such CUP with additional conditions and safeguards therein.

(3) CUPs may be denied by a resolution of the Council. Such resolution must identify findings of fact with reasons for the denial.

(4) The City Council may require a written agreement and the deposit of a certified check or funds, a letter of credit or other assurance of faithful observance of conditions, the violation of which shall invalidate the permit and shall be considered a violation of this Chapter.

(c) Findings for Approval. In considering applications for CUPs under this Title, the City Council shall consider the advice and recommendations of the Planning Commission and evaluate the following potential findings:

(1) The potential for the proposed use to be in harmony with the general purpose and intent of the Zoning Code and the Comprehensive Plan;

(2) The effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands;

(3) The existing and anticipated traffic conditions; and

(4) The effect on values of property in the surroundings.

(d) Revocation of Conditional Use Permit

(1) Failure to comply with any and all conditions and stipulations issued with a Conditional Use Permit shall result in revocation of the Conditional Use Permit. Revocation shall occur after a public hearing by the City Council and in compliance with M.S. Chapter 462.

(e) Amendments. All requested amendments to the conditions of an existing CUP shall be processed in the same manner as a new application.

5. Interim Use Permit (IUP)

(a) The purposes for allowing interim uses are:

(1) To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction;

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

(3) To allow a use that is seasonal in nature; or

(4) To allow a use for a limited period of time that reasonably uses the property where it is not reasonable to use it in the manner otherwise provided in the zoning ordinance or comprehensive plan.

(b) Application Review

(1) An IUP application shall be made and reviewed following the procedures in this Chapter.

(2) If an interim use is not already identified as a principal or accessory use in Tables 1 and 2 in the Residential Zoning Districts Chapter or in Tables 1 and 2 in the Non-Residential Zoning Districts Chapter, then the City Council may determine the use to be an interim use.

(c) Findings for Approval. No IUP may be granted unless the City Council determines that the use will comply with the following:

(1) The use will not delay anticipated development or redevelopment of the site;

(2) The use will not adversely impact implementation of the Comprehensive Plan;

(3) The use will not be in conflict with provisions of the City Code on an ongoing basis;

(4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located;

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

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

(7) The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit and that the interim use permit will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and

(8) The applicant agrees in writing to any conditions that the City Council deems appropriate for the use including the requirement for a financial security to ensure removal of all evidence of the use upon termination.

(d) Effect of Permit

(1) An IUP is effective only for the location specified in the permit.

(2) An IUP, including any conditions, shall run with the land and shall not be affected by a change in ownership of the property unless it is stated in the interim use permit that a change in ownership of the property will terminate the interim use permit.

(3) The issuance of an IUP does not confer on the property any vested right.

(e) Termination

(1) An IUP expires and the interim use must terminate at the earlier of:

((a)) The expiration date of the IUP;

((b)) The occurrence of any event identified in the IUP for the termination of the use;

((c)) Revocation of the IUP; or

((d)) An amendment to the city code that no longer allows the interim use.

(2) An IUP expires if the interim use ceases operation for a continuous period of at least one year.

(f) IUP Renewal

(1) The property owner may initiate renewal of an IUP set to expire. Application requirements for renewal of an existing IUP shall be the same as for a new application.

(2) Upon receiving a complete application for an IUP renewal, the City shall send notice of the requested renewal to all property owners within 350 feet of the parcel(s) containing the interim use. If any objections are raised within 10 days of the mailed notice, the application shall be processed in the manner of a new application.

(3) If no objections are raised, the City shall prepare a resolution to approve, outlining the conditions and stipulations of renewal for consideration by the City Council. The City Council at its discretion may approve or deny the request with findings. Denial of a renewal request does not constitute termination of the existing IUP.

(4) Revoked interim use permits shall not be renewed.

(g) Revocation of an IUP

(1) The City Council may review an IUP periodically and may revoke a permit upon violation of any condition of the permit, any state or federal law, or any city ordinance.

(2) If it is discovered after approval of the IUP that the City’s decision was based at least in part on false, misleading or fraudulent information, the City Council may revoke the permit to ensure compliance with this section.

(3) The procedure for revocation of an IUP will be the same as that for CUPs specified in this section.

(h) Amendments. All requested amendments to the conditions of an existing IUP shall be processed in the same manner as a new application.

6. Administrative Nonconforming Expansion Permit

(a) The City may permit an expansion of a legal nonconforming structure imposing reasonable regulations to prevent a public nuisance or protect the public health, welfare and safety pursuant to M.S. § 462.357, Subd. 1(e)(b).

(b) A nonconforming structure may only be expanded if the expansion does not increase the nonconformity present and meets the relevant land use regulations, including but not limited to lot coverage, setbacks and height.

(c) Application Review

(1) In order to be able to legally expand a structure that is nonconforming, an application for a nonconforming expansion permit must be made to the City.

(2) An expansion permit for a nonconforming structure may be granted by the Community Development Director if the applicant meets the following findings for approval:

((a)) The expansion does not increase or intensify the existing nonconformity;

((b)) The expansion would be architecturally compatible with the existing principal structure;

((c)) There is adequate off-street parking for the expansion;

((d)) There is an absence of adverse off-site impacts from such things as traffic, vision safety, noise, dust, odors and parking;

((e)) The expansion is an improvement to the appearance and stability of the property and neighborhood as the proposed expansion would meet all currently existing zoning and building code requirements; and

((f)) The expansion would be compatible with the character of the neighborhood.

(3) The Community Development Director may impose reasonable conditions on the expansion permit approval related to health and safety. All other applicable permits will need to be obtained by the applicant in addition to the expansion permit.

(d) Terms of Expansion Permit

(1) An expansion permit granted by the City will run with the land and will be perpetual unless no building permit has been issued or substantial work performed within one year of the approval, in which case the permit will be null and void.

(2) The Community Development Director may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by such extension. If the expansion permit is part of an approved site and building plan, extension of the time period of construction will be contingent upon a similar extension of the time period for the site and building plan by the Community Development Director. Once the project is completed as approved, the expansion permit runs with the land.

(e) Violation of Nonconforming Expansion Permit

(1) Any person who violates, fails to comply with or assists, directs or permits the violation of the terms or conditions of an expansion permit is guilty of a misdemeanor.

(2) A violation of the expansion permit shall result in revocation of the expansion permit. Revocation shall occur after a public hearing by the City Council.

(3) A violation also constitutes a public nuisance that may be abated by the City in accordance with the provisions of the Abatement of Exterior Public Nuisances Chapter of the Code.

7. Variance

(a) Purpose

(1) The purpose of a variance is to provide for deviations from the literal provisions of this Title in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Title.

(b) Application Review

(1) An application shall be made and reviewed following the procedures in this Chapter. Within the application, the applicant shall state the exceptional conditions and practical difficulties claimed as a basis for a variance.

(2) The City Council may impose reasonable conditions in the granting of a variance that the Council considers necessary to protect adjacent properties or the public health, safety, and welfare.

(3) Findings of Fact. In considering applications for variances under this Title, the City Council shall consider the advice and recommendations of the Planning Commission and determine the following findings for approval:

((a)) The variance is in harmony with the general purposes and intent of this Title;

((b)) The variance is consistent with the Comprehensive Plan; and

((c)) The variance meets the criteria of a practical difficulty. Practical difficulty means:

((1)) The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code;

((2)) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and

((3)) The variance, if granted, will not alter the essential character of the locality.

((4)) Economic considerations alone do not constitute practical difficulties.

((5)) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

((6)) Variances shall be granted for earth sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this Title.

(c) Variances in R-1 and R-H Zoning Districts

(1) In areas zoned R-1 and R-H, the Planning Commission has the authority to grant final approval of variances when all of the following conditions are met:

((a)) There is unanimous agreement of the Planning Commission.

((b)) The staff concurs with the recommendations of the Planning Commission.

((c)) The general public attending the meeting or responding to the notice of public hearing have no objection.

((d)) The applicant is in agreement with the recommendation.

(2) When the above conditions are not met, the variance request must be reviewed by the City Council.

8. Vacation of Right-of-Way or Easement

(a) Application Review

(1) A party desiring to vacate any public right-of-way or easement may file a written petition with the City. The request shall be on a City application form, include any additional documentation required by the City, and include the fee established in the Fees Chapter of the City Code. The petition must be signed by a majority of the owners of the land abutting the right-of-way or easement. The City Council, on its own initiative, may also by resolution vacate any public right-of-way or easement.

(2) The City Council shall conduct a public hearing as specified in this Chapter, except that the public hearing shall be preceded by two weeks’ published and posted notice in accordance with M.S. § 412.851. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter.

((a)) If a public right-of-way or easement included in a vacation application adjoins a body of public water, a written notice must be sent by certified mail to the Commissioner of the Minnesota Department of Natural Resources at least 60 days before the hearing on the matter. At least 15 days prior to convening the hearing required under this section, the City must consult with the Commissioner of the Minnesota Department of Natural Resources to review the proposed vacation.

(3) The City Council shall follow such requirements as established by the City Charter for approval of vacation requests.

(b) Reservation of Interest. The City Council may specify the extent to which such vacation affects existing easements therein and the extent to which the vacation affects the authority of any person, corporation or city owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue to maintain the same or to enter upon such public right of way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto.

9. Process for Transit Oriented Development (TOD) Plan Approval

(a) Project plans will be reviewed by the Planning Commission, who will provide a recommendation to the City Council. The City Council shall have final authority to approve all project plans.

(b) Plans for each individual project or combination of projects in the TOD District must be submitted upon payment of any required fee as provided in the Fees Chapter of the Code.

(c) One unit detached dwelling development projects located within the R-H, Hyde Park Zoning District are exempt from following the TOD design standards and the plan review process.

(d) Project plans submitted to the Planning Commission and City Council shall include the following minimum criteria:

(1) Scaled site plans, showing the location of buildings, off-street parking, street and utility locations, auto and pedestrian access to and from the project, any modification to existing services, grading plans, storm water plans, building exterior finish, lighting and signing, TOD streetscape features, and landscape plans.

(2) Written city staff review on project compatibility to the overall Transit Oriented Development District.

(e) Any substantial modification to the plan must be submitted through the Planning Commission and approved by the City Council.

10. Process for S-2 District Approval

(a) Plans for each individual project or combination of projects must be submitted, upon payment of any required fee as provided in the Fees Chapter of the Code to the City for review according to the procedures listed in this Procedures Chapter. The City Council shall have final authority to approve all project plans.

(b) Project plans submitted to the Planning Commission and City Council shall include the following minimum information:

(1) Site plans showing the location of buildings, off street parking, street and utility locations, auto and pedestrian access to and from the project, any modification to existing services, grading plans, storm water plans, building exterior finish, lighting and signing and landscape plans.

(2) Written City staff review of the project plans on the project’s compatibility to the City’s overall redevelopment plan.

(3) Review and recommendation of the project plans to the City Council from the Fridley Housing and Redevelopment Authority (HRA).

(c) Any substantial modification to the project plans must be submitted to the Planning Commission for review and approved by the City Council.

1. Applicability. The requirements of this Chapter shall apply to all subdivision applications subject to development review under this Code unless otherwise stated.

2. Exemptions. As defined in M.S. § 462.352, subdivision approval by the City is not required for any of the following:

(a) Separations where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses;

(b) Separations creating cemetery lots;

(c) Separations resulting from court orders; or

(d) Separations resulting from the adjustment of a lot line by the relocation of a common boundary.

3. Conditions for Recording. No plat or subdivision shall be entitled to be recorded in the County Recorder or Registrar of Titles' office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by this chapter.

4. Denial of Plats

(a) The City may deny the subdivision if it makes any one or more of the following findings:

(1) That the proposed subdivision is in conflict with the City’s Comprehensive Plan or any specific area plans of the City;

(2) That the physical characteristics of this site, including but not limited to topography, soil conditions, susceptibility to flooding, water storage, drainage, and retention, are such that the site is not suitable for the type of development, design or use contemplated;

(3) That the site is not physically suitable for the proposed density of development;

(4) That the design of the subdivision or the proposed improvements are likely to cause environmental damage;

(5) That the design of the subdivision or the type of improvements are likely to cause public health problems;

(6) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court;

(7) That the proposed subdivision, its site or its design adversely affects the flood-carrying capacity of the floodway, increases flood stages and velocities or increases flood hazards within the floodway fringe or within other areas of the city;

(8) That the proposed subdivision is inconsistent with the policies and standards of the state-defined Shoreland, Floodplain, and Critical Area Districts; or

(9) That the design of the subdivision does not conform to minimum City standards.

5. Registered Land Surveys.

(a) Registered land surveys shall not be used to avoid the requirements of this title.

(b) All registered land surveys shall be prepared in conformance with M.S. § 508.47, subd. 4.

(c) A registered land survey shall be reviewed by the Planning Commission and approved by the City Council in the same manner as a preliminary plat, including holding the requisite public hearing. Unless the registered land survey has been approved by the City Council, building permits will be withheld by the City for buildings on tracts which have been subdivided by registered land surveys, and the City may refuse to take over tracts that are to be used as streets or roads or to improve, repair, or maintain any such tracts unless the registered land survey is approved by the City Council.

6. Conveyance by Metes and Bounds.

(a) No conveyance of land to which the regulations of this Chapter are applicable shall be filed or recorded if the land is:

(1) described in the conveyance by metes and bounds;

(2) described by reference to an unapproved registered land survey made after April 21, 1961; or

(3) described by reference to an unapproved plat made after such regulations become effective.

7. The preceding shall not apply if the conveyance is one of the exceptions identified in M.S. § 462.358, subd. 4b.

(a) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this Chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

8. Administrative Adjustment

(a) Applicability. An administrative adjustment application shall be submitted to the City when any of the following apply:

(1) An applicant is proposing to relocate a property line(s) without increasing or decreasing the number of parcels and where all parcels meet Code requirements; or

(2) Zero lot line subdivision.

(b) The Community Development Director may approve administrative adjustments.

(c) Submittal and Approval Process. Applications for an administrative adjustment shall be made on forms furnished by the City and reviewed by the Community Development Director.

(1) The Community Development Director shall review the application and plans and determine if further review by the Development Review Committee is required.

(2) The Community Development Director shall confirm as part of the review process whether consent by a mortgage holder is required.

(3) The Community Development Director shall provide the applicant with written notice of the decision and reasons for approval or denial.

(4) Approved plans shall be recorded among the records of the County within 180 days after the date of the approval or resolution, unless a longer period of time is granted and provided for recording at the time of approval.

(5) A plan not recorded within a period of 180 days, or the approved extension time, is deemed to be one that is not approved and such subdivision is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it is presented to the Planning Commission and Council and re-approved.

(d) Requirements for a Zero Lot Line Subdivision

(1) All other zoning requirements in the respective districts except for the setbacks along the zero lot line(s) must be met. Lots shall be divided equally as is reasonably possible within the restrictions of the existing guidelines of this Title.

(2) Separate meters must be provided to each dwelling unit for water, electricity and natural gas. In addition, the common party wall(s) fire rating shall be one hour for existing structure and two, one-hour walls for new construction.

(3) The owner of the property shall execute and record at their expense a "Declaration of Covenants, Conditions and Restrictions" as provided by the City. The said document shall be used to protect the rights of the individual owners sharing the single structure to maintain and repair any in case of damage to the original structure. The declarations, covenants, conditions and restrictions shall provide protection to the property owners and the City on the following objects:

((a)) Building and use restrictions.

((b)) Party walls.

((c)) Maintenance and use of any common area.

((d)) Relationships among owners of adjoining units and resolution of disputes.

(4) City consent shall be required in order to amend the declarations, covenants, conditions and restrictions.

9. Minor Subdivision

(a) Applicability. An application for a minor subdivision shall be submitted to the CIty when all of the following apply:

(1) An applicant is proposing to divide land by the owner or applicant resulting in the creation of not more than three parcels or building sites, where all parcels meet Code requirements;

(2) The land has been previously subdivided by plat or Registered Land Survey and is on file and of record in the office of the County Recorder or Registrar of Title's Office;

(3) The applicaiton will not cause the parcel or any structure on the parcel to be in violation of this Code or the building code;

(4) With the exception of sidewalks or trails, the application will not involve the construction of any new street or road, the extension of municipal facilities, the creation of any public improvements, or the dedication of any public easements; and

(5) The application does not involve an outlot.

(b) Application Review

(1) Applications for a minor subdivision shall be made in a format prescribed by the City. The applicant shall submit legal descriptions of the proposed parcelsand a survey showing the proposed parcels prepared by a licensed land surveyor.

10. Preliminary Plat

(a) Applicability. A preliminary plat application shall be submitted to the City when the proposed subdivision does not qualify as an administrative adjustment or minor subdivision.

(b) Application Review

(1) An applicant shall prepare a preliminary plat of a subdivision before preparing a final plat.

(2) The applicant shall submit the preliminary plat together with all required accompanying material on forms furnished by the City.

(3) The application shall be processed in accordance with this Chapter, including a public hearing at the Planning Commission prior to consideration by the City Council.

(c) Actions after Approval

((a)) All preliminary plats must be final platted into lots, blocks, and outlots within one year of preliminary plat approval or the preliminary plat approval shall be null and void.

((b)) An extension from this requirement may be granted by the City Council upon request. An extension shall be requested in writing and filed with the City at least 14 days before the voidance of the approved preliminary plat. There shall be no charge for the filing of such request. The request for extension shall state facts showing a good faith attempt was made to meet the final plat submission requirement and the reasons for the extension.

((c)) If an amendment to a preliminary plat is requested, it shall follow the same process as a new preliminary plat, except that no public hearing will be required if the opinion of the Community Development Director is that the scope of change does not constitute a new preliminary plat. A filing fee shall be charged for amendment processing.

(d) Effect of Subdivision Approval

(1) For one year following preliminary approval and for two years following final approval, unless the applicant and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application.

(2) Pursuant to its regulations, the City may extend the period by agreement with the applicant and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the applicant will suffer substantial financial damage as a consequence of a requirement to submit a new application.

(3) In connection with a subdivision involving planned and staged development, the City may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines reasonable and appropriate.

11. Final Plat

(a) Applicability. After approval of a preliminary plat, the applicant shall prepare a final plat together witll required accompanying material on forms furnished by the City. (b) Application Review

(1) The applicant shall submit the final plat together with all required accompanying material on forms furnished by the City. (2) The final plat shall conform to the preliminary plat as tenatively approved or conditionally approved, including any required modifications and any additional requirements of law. (3) The application shall be processed in accordance with this Section.While a public hearing is not needed, the Planning Commission shall review and provide a recommendation to the City Council.

(c) Actions After Approval

(1) Survey. After approval of the final plat, the subdivider shall cause the subdivision to be surveyed, staked and monumented by a registered surveyor in accordance with the requirements herein, with statutory requirements and with any requirements of the County Platting Authority. (2) Recording

((a)) After approval, the final plat shall be recorded among the records of the County within 180 days after the date of Council approval unless a longer period is granted at the time of approval. ((b)) A plat not recorded within a period of 180 days or the approved extension time, is deemed to be one that is not approved and such plat is not entitled to be recorded; and the same shall not thereafter be recorded except and unless it shall have again been presented to the Planning Commission and approved for recording. ((c)) A time extension for recording a plat shall be requested in writing and filed with the City at least 20 days before the expiration of the original approval. The request for extension shall state facts showing a good faith attempt to record the plat. In evaluating a request for extension, the Council can consider among other things any changes in zoning, sizing of lots, location of streets and utilities in the lands within or adjacent to said plat and other factors deemed material, and is not limited thereto.

(3) No plat or subdivision shall be filed with the Registrar of Deeds or accepted for filing unless signed by the Mayor and Manager or City Clerk and unless approved as to survey and engineering accuracy by the County Platting authorities.

1. Purpose

(a) Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may by ordinance:

(1) Amend, change or supplement the text of the regulations established by this Title; or

(2) Change the district boundaries established by this Title and the Zoning Map incorporated herein.

2. Initiation for Amendment. A request to amend this Title or Zoning Map may be made by:

(a) Any property owner or representative of a property owner of a subject property; or

(b) The City Council or the Planning Commission.

3. Application Review.

(a) The Planning Commission shall hold a public hearing, review the application and provide a recommendation to Council as specified in this Chapter.

(b) The City Council shall review the application following the process for approval of an ordinance as required under the Fridley City Charter.

(c) After review, the Council, by majority vote, may adopt amendments to this Title or the Zoning Map.

4. S-2 District Process for Approval

(a) The procedure for the establishment of an S-2 Special District shall follow the amendment procedure as laid out above, and shall clearly describe the purpose for the amendment and the district boundaries.

(b) If initiated by a property owner or a property owner’s representative, plans for each individual project or combination of projects must be submitted, upon payment of any required fee as provided the Fees Chapter of the Code herein, to the Planning Commission and Housing and Redevelopment Authority (HRA),for review and recommendation to the City Council according to the procedures listed in this Title. The City Council shall have final authority to approve all project plans.

(c) If initiated by a property owner or a property owner’s representative, materials for review provided to the Planning Commission and City Council shall include the following:

(1) Site plans from the applicant showing the location of buildings, off street parking, street and utility locations, auto and pedestrian access to and from the project, any modification to existing services, grading plans, storm water plans, building exterior finish, lighting and signing and landscape plans.

(2) Written City staff review on project compatibility to the overall redevelopment plan.

(3) Review and recommendation to the City Council from the Fridley Housing and Redevelopment Authority (HRA).

5. Any substantial modification to the project plans, as determined by the Community Development Director, must be reviewed by the Planning Commission and HRA and approved by the City Council.

1. Appeal of Decision.

(a) Purpose. The purpose of this section is to provide for an appeal process where it is alleged that there is an error in any order, requirement, decision, or determination by the City or in the enforcement of this Chapter.

(b) An appeal shall be filed by any aggrieved person no later than 30 days after the original applicant has received a determination from their initial application with a written notice to the Community Development Director. If the appeal is not filed by the deadline, the appeal shall be considered void.

2. Appeals of Administrative Decisions.

(a) Any person aggrieved by an alleged error in any order, requirement, decision, or determination made by the Community Development Director in the enforcement of this Chapter may request a hearing before the Planning Commission. The appeal must be made in writing to the Community Development Director, and must clearly describe the code section under appeal, the facts of the matter, and the mailing address of the owner, and must be accompanied by the required fee.

(b) The Planning Commission, serving as the Board of Adjustment and Appeals, shall, after receiving the written report and recommendation of City staff, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision, or determination made by the Community Development Director in the enforcement of this Title, and for variances from the literal provisions of this Title.

(c) The Planning Commission shall render a decision on the appeal within 60 days from the date upon which the application for the appeal was deemed complete, unless extended by the City or the applicant as permitted by M.S. § 15.99 and any amendments thereto.

(d) The Planning Commission shall provide for a written record or video recording of its proceedings which shall include the minutes of its meeting, its findings and the recommendation, approval, or denial of each matter heard by it.

3. Appeals of Planning Commission Decisions.

(a) Appeals from decisions of the Planning Commission acting as the Board of Adjustments and Appeals must be heard by the City Council as provided for by M.S. § 462.354, before any judicial review under M.S. § 462.361 may be initiated.

(b) An application for appeal to the City Council, requesting the Council to reconsider the decision of the Planning Commission, shall be received no later than 30 days after the date the Planning Commission has issued its written findings of fact and decision. The application for appeal shall set forth reasons that the appeal is justified in order to make reasonable use of the land, structure or building.

(c) A fee shall be charged pursuant to the Fees Chapter of the Code. The fee shall accompany the application request by the appellant and shall not be refundable.

(d) The City Council shall take action on the appellant's request within a reasonable time after the appellant's written request and the application fee has been received by the Community Development Director or their designee.

4. Appeals of City Council Decisions.

(a) Any aggrieved person shall have the right to appeal any land use decision by the City Council to the Anoka County District Court.

(b) All decisions made by the City Council regarding subdivision shall be final, except that any aggrieved person shall have the right to appeal to the Anoka County District Court.

1. Any violation of or failure to comply with this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of the Penalties Chapter of the Code.

2. Any such person who, having been served with an order to remove any such violation, continues to violate any provisions of the regulations made under authority of this Chapter, or failing to comply with said order to remove any such violation, within a reasonable period of time, not less than 20 days from the date of the notice, shall be guilty of a misdemeanor and subject to all penalties provided for such violations under the provisions of the Penalties Chapter of the Code.

3. Each day that such violation continues shall be a separate violation.