It is unlawful to erect or alter any building within the city unless the following minimum lot and yard areas are provided and maintained in connection with the building.

(Prior Code, § 10.26) Penalty, see § 10.99

1. Every person, before commencing construction or major alterations of a structure, except 1- and 2-family dwellings and buildings accessory thereto, shall submit to the Planning Department the following:
   1. A detailed drawing drawn to scale showing pertinent existing conditions; and
   2. A complete set of scaled preliminary drawings that include at least the following:
      1. An accurately scaled and dimensioned site plan indicating parking layout including access provisions, designation and locations of principal and accessory buildings, landscaping, including trees and shrubbery with an indication of species, planting size and location;
      2. Fences, walls, or other screening, including height and type of material;
      3. Lighting provisions, type and location to conform with 155.53.5 Exterior Lighting Standards.
      4. Curbs;
      5. Building elevations including materials proposed;
      6. Existing and proposed land elevations and drainage provisions, including:
         1. Plan showing existing and finish grades and surface drainage including overall final contours at a minimum of 2-foot intervals;
         2. Existing conditions surrounding the proposed development to a distance of 100 feet, including existing ground elevations, buildings, utilities, landscaping, trees, and drainage ways;
         3. All drainage swales and critical areas shall be clearly identified with grade and spot elevations; and
         4. Erosion and sedimentation control plans which specify the control measures to be used before, during, and after construction until the soil and slope are stabilized by permanent cover. Erosion control plans shall be designated per city approved standards.
      7. Location of all existing and proposed utilities including, but not limited to, location and size of water mains, storm and sanitary sewers (including rim and invert elevations), fire hydrants, gas lines, electric and telephone poles, street lights, curbs, gutter, culverts, catch basins, manholes and other facilities. Site plans with significant private street and/or utility improvements shall be required to submit plan and profile construction drawings to the Public Works Department for review and approval;
      8. Location of existing and proposed fire hydrants and a fire protection system plan;
      9. Complete plans for storage of waste and garbage;
      10. Boundary line of property, clearly indicated, along with identifying any adjacent public and private streets, sidewalks, railroad right-of-way and drainage and utility easements and any other easements and their purpose; and
      11. Existing benchmarks used for surveying the site plan.
2. A declaration of covenants, conditions, and restrictions or the equivalent document shall be submitted for review and approval by the city to ensure maintenance of any common elements including open space, common drives, and common utilities. The declaration shall include, but is not limited to, the following:
   1. A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments be subject to the terms of the declaration;
   2. A provision for the formation of a property owners association or corporation and that all owners must be members of the association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded;
   3. Membership in the association shall be mandatory for each owner and any successive buyer;
   4. Any open space restrictions must be permanent and may not be changed or modified without city approval;
   5. The association is responsible for liability insurance, local taxes, and the maintenance of the open space facilities deeded to it;
   6. Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes; and
   7. The association may adjust the assessment to meet changing needs.
3. The Planning Director shall forward site plans to the Planning Commission for its review and recommendation to the City Council. After receiving the Commission’s recommendation, the Council shall approve or reject the site plan. If the Council approves the plan and unless the Council states otherwise, all documents submitted and information contained therein shall constitute a condition of approval by the Council that must be complied with by the applicant. Any proposed variation from the approved plans must receive prior approval from the Planning Director or, where applicable, the Public Works Department. No occupancy permit shall be issued until all conditions of approval imposed by the Council have been satisfied by the applicant, except as provided by this section.
4. Based upon an approved site plan, the Public Works Department shall make a determination of the cost for site improvements including, but not limited to, earthwork, sewer and water extensions, storm sewer, paving, curbing, lighting, and landscaping. Before any occupancy permit shall be issued, the developer (i.e. applicant) shall provide the city with a performance bond, cash escrow, letter of credit or other form of security, approved by the city, in the amount of 125% of the estimated cost of any uncompleted site improvements.
5. Upon Council approval as provided in division (C) above of the site plan, the Council shall determine if a developer’s agreement shall be required. Any developer’s agreement required by this division (E) shall contain all conditions of approval imposed by the Council, shall be signed by the city and all parties having an interest in the subject property and shall be recorded by the city with the Dakota County Recorder’s office. All conditions imposed by the City Council shall run with the land and bind all successors in interest in the property.

(Prior Code, § 10.27)

1. Purpose. The purpose of establishing criteria for architectural design and exterior treatment of buildings is to ensure high standards of development that is compatible with neighboring development and contributes to a community image of permanence, stability, and visual aesthetics, while preventing impermanent construction and use of materials that are unsightly, rapidly deteriorate, contribute to depreciation of neighborhood property values, or cause urban blight. The standards are further intended to ensure coordinated design of building facades, additions, and accessory structures in order to prevent visual disharmony, and to reduce visual monotony through variation of building materials, heights, offsets, changes in building plane, and the like.
2. Applicability. Architectural standards in this section shall apply to the exterior construction of new commercial, industrial, institutional buildings, and the like, as well as multiple family buildings exceeding 8 units, and as follows.
   1. Existing buildings. Building additions and remodeling of existing commercial, industrial, and institutional buildings shall also be subject to architectural standards, however the effect of the architectural standards on the buildings existing appearance shall be considered, to ensure visual harmony, and consistency with the purpose of the architectural standards section.
   2. Heritage Preservation Sites and Heritage Preservation District. Buildings and properties within the Heritage Preservation District, or designated as a Heritage Preservation Site shall also be subject to conformance with § 30.10. In areas of discrepancy between standards, the City Council shall decide on the applicability of the standard.
   3. Original Hastings Design Guidelines. Buildings and properties as identified in the Original Hastings Design Guidelines (adopted by the City Council on 5-5-2003) must adhere to the requirements of the adopted guidelines in addition to the provisions of this section. In areas of discrepancy between standards, the City Council shall decide on the applicability of the standard.
3. General Requirements.
   1. Building design and construction standards must be used to create a structure with equally attractive sides. Primary emphasis shall be placed on the most visible sides of a building.
   2. Primary building entrances must be clearly defined to promote visual interest and architectural presence.
   3. Large, uninterrupted expanses of a single building material shall not be permitted, unless the use meets the purpose or intent of this section as determined by the Administrative Official.
   4. No wall that faces a public right-of-way, parks, the public view from adjacent properties or a residential use or district may have an uninterrupted length exceeding 100 feet without including at least 2 of the following:
      1. Change in plane;
      2. Change in texture or masonry pattern;
      3. Inclusion of windows; and/or
      4. Equivalent change or incorporation of a building element that subdivides the wall into smaller proportions.
   5. All buildings on a lot, or as part of a unified development, shall be of compatible design and materials. Emphasis shall be given on the position of buildings on the site to give visual interest.
4. Specific Requirements.
   1. Design creativity. Creativity and innovation in building design is encouraged. Design creativity shall be a determining factor in deviating from the specific materials standards listed in this section
   2. Classes of material. For the purposes of this section, acceptable exterior materials are divided into Class 1, Class 2, and Class 3 categories as presented in the table below.
      
      

      Class 1	Class 2	Class 3
      Brick	EIFS or Drivit	Industrial grade concrete precast panels
      Natural Stone	Masonry Stucco	Smooth concrete
      Glass (including block, windows, or opaque mirrored panels)	Specialty Integral Colored Concrete Block (including textured, burnished block, rock face block)	Ceramic
      Seamless metal panels (including copper)	Architecturally textured concrete precast panels	Wood
      Other materials not listed elsewhere as approved by the Administrative Official	Tile (masonry, stone, or clay)	Aluminum or Vinyl Siding
      	Other materials not listed elsewhere as approved by the Administrative Official	Other materials not listed elsewhere as approved by the Administrative Official

      
      
   3. Required combinations of materials. Buildings must incorporate classes of materials for each facade in the following manner.
      1. Office, retail, service, or institutional buildings.
         1. Front facades, and side and rear facades visible from public right(s)-of-way, the public view from adjacent properties, parts, or residential uses or districts must be composed of at least 65% of Class 1 or 2 materials, with Class 1 materials comprising at least 25% of the total facade.
         2. Side and rear facades not visible from public right(s)-of-way, parks, public view from adjacent properties or residential uses or districts may use any combination of Class 1, 2, or 3 materials.
      2. Industrial and warehouse buildings, multi-tenant office/industrial/warehouse, or showroom/warehouse or other combination.
         1. Front facades must be composed of at least 75% of Class 1 or 2 materials, with Class 1 materials comprising at least 25% of the total facade.
         2. Side and rear facades visible from public right(s)-of-way, parks, public view from adjacent properties, or residential uses or districts must be composed of a least 25% of Class 1 or 2 materials.
         3. Side and rear facades not visible from public right(s)-of-way, parks, public view from adjacent properties or residential uses or districts may use any combination of Class 1, 2, or 3 materials.
      3. Multiple-family residential buildings exceeding 8 units.
         1. Front facades, and side and rear facades visible from public right(s)-of-way, the public view from adjacent properties, parts, or residential uses or districts must be composed of at least 25% of Class 1 materials, and at least 25% of Class 2 materials.
         2. Side and rear facades not visible from public right(s)-of-way, parks, public view from adjacent properties or residential uses or districts may use any combination of Class 1, 2, or 3 materials.

(Prior Code, § 10.28) Penalty, see § 10.99

1. Intent And Purpose. The City of Hastings places a high value on landscaping and greenery in both the natural and the built environments. Landscaping and screening provide many aesthetic, ecological, economic, and health safety benefits. The provisions of this section are intended to:
   1. Enhance the overall aesthetic conditions within the city;
   2. Provide screening and mitigation of potential conflicts between different land uses;
   3. Improve air quality and provide a buffer from air and noise pollution;
   4. Ensure significant tree canopy shading to reduce glare and heat build-up;
   5. Add visual interest to open spaces and blank facades; and
   6. Provide definition for public walkways and open space areas.
   7. Serve the following ecological functions:
      1. Interception and filtration of precipitation and stormwater through maximizing multiple-layered vegetative cover, rainwater gardens, and vegetative swells.
      2. Reduction of reflectance and urban heat islands through increasing canopy cover.
      3. Conservation of energy through strategic shading and the use of windbreaks.
      4. Conservation of water through xeriscaping design strategies including using decorative rock as ground cover, limiting turf areas, selecting low-water-use plants and designing efficient irrigation systems.
      5. Selection and placement of plant materials to limit required maintenance of landscaped areas.
   8. Preservation or restoration of natural amenities.
2. Applicability.
   1. A detailed landscape plan must be submitted to the Planning Department in the following cases:
      1. Application for new development. With any application for new development requiring site plan review;
      2. Changes to existing landscape plan. When changes are made to an existing landscape plan on file with the city; or
      3. Redevelopment or large addition. When either substantial redevelopment of a site is proposed or an addition that would increase total floor area on a site by 25% or more, a landscape plan for the entire site, demonstrating compliance with the requirements of this section, must be submitted for approval.
      4. Small addition. When an addition is proposed that would increase total floor area of a site by less than 25%, but would physically impact the existing landscape, a modified landscape plan for the portion of the site affected by the addition, demonstrating compliance with the requirements of this section, must be submitted for approval.
      5. Constrained sites. The City of Hastings recognizes that highly constrained redevelopment may have difficulty meeting the standards of this section. Given that the city would like to encourage redevelopment rather than interfere with redevelopment, highly constrained redevelopment sites may seek relief from the landscape standards. In considering planned development flexibility to landscape standards, the city shall:
         1. Balance the public interest in promoting redevelopment with the public interest in providing landscaping; and
         2. Consider whether reduced landscaping levels are balanced by alternative methods of providing visual interest to the site including but not limited to sculpture, public art or higher quality landscaping materials.
3. Landscape Plan Components.
   1. Landscape plans shall be prepared consistent with the general site plan requirements in § 155.51. The applicant shall submit a landscape plan prepared by a landscape architect, nursery designer, or other qualified person. Landscape plans shall be reviewed and approved by the Planning Department.
   2. When a landscape plan is required, the following information shall be included.
      1. General information.
         1. Name of project, owner and developer and street address of project; and
         2. Name, address, phone number of plan preparer and, if applicable, Minnesota license/certification number of the Landscape Architect or Certified Nursery and Landscape Professional (CNLP).
      2. Landscape plan features.
         1. Scale and north arrow;
         2. Locations of existing and proposed buildings and all other structures;
         3. Location, height, and materials of any existing and proposed screening.
         4. Location, approximate size, and common name of existing trees, shrubs, and other vegetation that are to be retained as part of the new landscaping and description of how they will be protected during construction;
         5. Location and details of irrigation systems;
         6. Location, width, and height of all proposed earth berms and retaining walls;
         7. Planting details illustrating proposed locations of all new plant material;
         8. Planting schedule containing:
            1. Plant key;
            2. Common and botanical plant names;
            3. Quantity of plants for each species;
            4. Size of plant material at time of planting and at maturity;
            5. Root condition (balled and burlapped, bare root, container, and the like);
            6. Special planting instructions
         9. Any other existing or proposed features that relate to or affect site finish and landscaping.
4. Residential Building Requirements (1 to 8 units per building). The developer or builder of any new residence (or substantial modification to an existing residence) between 1 to 8 housing units that is exclusively residential must adhere to the following requirements:
   1. Boulevard tree requirements. Boulevard trees shall be planted every 50 feet along public right-of-ways. The tree must be planted within 10 feet of the curb and shall not encroach within the site visibility triangle.
   2. Front yard tree requirements. One front yard tree shall be planted for every unit in addition to boulevard tree requirements. The tree shall be planted outside the city right-of-way.
   3. Vegetative cover requirement. Vegetative cover including sod, shrubs, trees and related landscaping materials must be established in all front yard areas, and within the first 20 feet from the primary structure of all side yard and rear yard areas. The vegetative cover requirement shall not preclude the construction of the following provided minimum zoning setback requirements are met: decks, patios, and placement of rock and related landscape materials associated with foundation planting adjacent to a structure.
   4. Landscaping in drainage and utility easements. Shallow root plantings including sod, turf, grass and shrubs shall be established in drainage and utility areas. The placement of landscaping or structures that significantly changes or impeded the designed drainage pattern shall be prohibited. The city reserves the right to review all landscaping plans subject to the provision of the city’s landscape fence and easement policy, April 2005, as amended.
5. Commercial, Industrial, Institutional, And Multiple-family (greater than 8 units per building) requirements. Landscaping for all commercial, industrial, institutional, or multiple-family building greater than 8 units shall consist of a combination of deciduous, coniferous, and ornamental trees, shrubs, hedges, flowers, sod, ground cover and other natural materials. Landscaping shall cover all areas not used for structures, drives, sidewalks, or parking.
   1. Interior parking lot.
      1. In any aisle in excess of 30 parking stalls, an interior landscaped island shall be provided.
      2. Landscaped islands shall be provided at each end of all rows of parking in parking lots in excess of 40 parking stalls.
      3. One tree per 4,000 square feet of paved surface is required of which 75% must be deciduous, overstory trees. Trees shall be planted in medians or directly adjacent to the parking lot perimeter.
      4. The following requirements apply to all parking lot islands:
         1. Each island shall contain at least 1decidous shade tree.
         2. Each island shall not contain any shrub over 18 inches in height.
         3. Islands shall have a minimum inside width of 10 feet.
   2. Streetscape and open space.
      1. One tree per 50 feet of lot perimeter is required. Trees shall be planted every 50 feet along public and private street frontages between the front lot line and back of curb. Remaining trees can be placed somewhere else on the site.
      2. At least on shrub per 40 feet of lot perimeter must be planted.
      3. An opaque landscaping feature a minimum of 30 inches in height is required between any parking lot or driveway and the adjacent street. Said feature shall be one or combination of the following:
         1. A 10-foot wide landscaped strip which must screen at least 70% of the length of the lot frontage with an opaque barrier 30 inches high at initial planting.
         2. Landscaped berms at least 3 feet in height measured from the top of street curb adjacent to the berm at a slope not greater than 3:1.
   3. Properties adjacent to residential uses. All off-street parking, loading facilities, exterior storage areas, mechanical area, and driveway shall be effectively screened from areas zoned or guided residential by 1 or a combination of the following:
      1. A 6-foot high opaque fence or wall. Chain link fences with slats are not acceptable.
      2. Berming or landscaping measuring at least 6 feet in height measured from the top of the parking lot or drive aisle curb. Landscaping must provide year-round screen opacity of 75% at initial planting.
   4. Landscaping in drainage and utility easements. Shallow root plantings including sod, turf, grass and shrubs shall be established in drainage and utility easement areas. The placement of landscaping or structures that significantly changes or impeded the designed drainage pattern shall be prohibited. The city reserves the right to review all landscaping plans subject to the provision of the city’s landscape fence and easement policy, April 2005, as amended.
6. Performance Standards.
   1. Rainwater gardens. Rainwater gardens shall be encouraged to accommodate stormwater drainage and to meet landscape vegetation requirements. Rainwater gardens may be eligible for a reduction in the open space tree planting requirements upon approval of the Planning Director as follows:
      1. One square foot of raingarden shall be equal to 1 square foot of tree coverage (based on mature tree growth.)
      2. Tree planting requirements shall not be reduced greater than 50%.
      3. Raingardens cannot be substituted for landscape screening.
   2. Site triangle/visual clearance. No fence, wall, dense landscaping, or other visual obstruction above a height of 30 inches from the established street grade shall be permitted within the site triangle as formed by a straight line drawn between points on the property line at a distance of 30 feet in each direction from the intersection of any street, alley, parking lot entrance, or loading area.
   3. Utility clearance. Access to utilities (manhole covers, fire hydrants, electrical transformers, etc.) must be maintained.
   4. Minimum planting sizes.
      1. Deciduous trees: 1.5 inches trunk diameter, measured 6 inches above ground.
      2. Ornamental trees: 1.5 inches trunk diameter, measured 6 inches above ground.
      3. Coniferous trees: 6 feet tall.
      4. Shrubs: minimum of 18 inches tall at planting.
   5. Spacing.
      1. Plant material centers shall not be located closer than 3 feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgement of the Planning Department.
      2. Where plant materials are planted in 2 or more rows, plantings shall be staggered in rows unless otherwise approved by the Planning Department.
      3. Where massing of plants or screening is intended, large deciduous shrubs shall be planted 4 feet on center or closer, and/or, evergreen shrubs shall be planted 3 feet on center or closer.
   6. Permitted deciduous trees. Deciduous tree plantings shall be reviewed by the City Forester. Please reference the Hastings Tree Guide for suggested planting varieties.
   7. Overhead utility lines. When trees are to be installed under overhead utility lines, discretion must be used in the selection of the type of species. The trees installed must not interfere with the utility lines as maximum growth.
   8. Certificate of occupancy. All required landscaping must be installed prior to issuance of a certificate of occupancy. In cases where occupancy will occur during winter months, a temporary certificate of occupancy will be issued and planting will be required by the next July 1. Prior to issuance of a temporary certificate of occupancy, the developer or builder shall post a cash deposit/bond as established by the Building Department.
7. Maintenance.
   1. Surety. To ensure that landscaping and screening is installed as proposed and survives through at least 1 full growing season, a landscape performance surety must be submitted prior to issuance of building permits for new development where a landscape plan is required.
      1. A landscape surety for providing, installing and warranting typical landscaping and screening materials must be submitted in the amount of 125% of the value of the proposed landscaping.
      2. Once the landscaping and screening has been in place for 1 year, Planning Department staff will review the landscaping on site. If site conditions match the approved landscape plan and all material is healthy, the surety will be released. If landscaping or screening is missing or incorrectly placed or some material is not in a healthy condition, the owner will be contacted and given an opportunity to correct these issues. Once the issues are resolved, the landscape surety will be released.
   2. Material maintenance. The property owner must maintain all landscaping and screening materials shown on the approved landscape plan in a manner consistent with the intent and purpose of the plan. Approved landscaping and screening materials that die, become diseased or are significantly damaged must be replaced at the next appropriate planting period with new materials in conformance with the approved landscape plan.
   3. Structure maintenance. Landscaping and screening structures such as fences and walls must be maintained in good condition, free of graffiti, peeling paint, decay or warping, must be repaired when needed and replaced periodically to maintain a structurally sound condition.

(Am. Ord. 551, 2nd Series, passed 5-1-2006) Penalty, see § 10.99

1. Intent And Purpose. It is the intent of this Ordinance to define practical and effective measures by which the obtrusive aspects of excessive and \or careless outdoor light usage can be minimized, while preserving safety, security, and the nighttime use and enjoyment of property. These measures will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, decreasing the unnecessary light and glare resulting from over-lighting and poorly shielded or inappropriately directed lighting fixtures.
2. Applicability. For all proposed new land uses, developments, buildings, and structures that require Site Plan or Special Use Permit approval, all outdoor lighting fixtures shall meet the requirements of the Ordinance. All existing and future lighting shall adhere to the foot candle illumination requirements of subsection (C)(4). Building additions or modifications of twenty-five (25) percent or more in terms of additional dwelling units gross floor area, or parking spaces, either with a single additional or with cumulative additions within a five (5) year period, shall invoke the requirements of this Ordinance for the entire property.
3. Shielding And Outdoor Lighting Standards.
   1. All non-exempt outdoor lighting fixtures including pole lighting and wall-pack lighting shall not be directed onto any adjoining property, or controlled in some manner so as not to light adjacent property. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels. These measures may include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures.
   2. Automatic Switching Requirements. Controls shall be included on the installation of lighting that allow for the reduction in lighting levels when the building or property is not in operation such as a photoelectric switch, astronomic time switch, or equivalent functions from a programmable lighting controller, building automation system or lighting energy management system. Building and properties that are in a continual, twenty-four (24) hour a day operation, or utilize motion activated lighting are exempt from this provision.
   3. Service Station Canopies and Parking Structures. All lighting fixtures mounted on or recessed into the lower surface of service station canopies or parking structures shall be fully shielded or utilize flat lenses so as not to extend below the bottom face of the canopy or structure.
   4. Illumination Limits. Reflected glare or light from non-exempt outdoor lighting may not exceed the following limits as measured from the property line of the lighting source:
      1. 0.5 foot candles at any residential property line.
      2. 1.0 foot candles at any non-residential property line.
      3. Abutting parking lots on separate parcels shall be exempt from illumination limits.
4. Exemptions.
   1. Streetlights along public and private streets.
   2. City Council Authorized Special Event.

1. The Planning Director is hereby designated as the administrative official for purposes of administration and enforcement of the sections of the City Code having to do with zoning matters, in particular § 30.02 and this section.
2. Duties of the Administrative Official:
   1. Provide zoning information;
   2. Determine that all building and other related permits comply with the terms of this chapter and issue or deny the permits;
   3. Receive, file, and forward all applications for appeals, variances, special uses, or other matters to the designated official bodies or person(s);
   4. Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments and special uses, variances, appeals and applications therefore;
   5. Notify affected property owners of required official and unofficial public hearings, and publish notice of the hearings, all as required by this chapter;
   6. If the administrative official shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it;
   7. The administrative official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions; and
   8. Institute in the name of the city, with the cooperation of the City Attorney, any appropriate actions or proceedings against a violator as provided by law.
3. The Building Official shall assist in the enforcing of this chapter and in addition thereto, and in furtherance of the authority he or she shall:
   1. Conduct inspections of building and use of land to determine compliance with provisions of this chapter;
   2. Investigate and report to the administrative official all alleged violations of conformance with the provisions of this chapter; and
   3. Perform other duties prescribed by the Council or Planning Director.

(Prior Code, § 10.30) (Am. Ord. 506, passed 11-17-2003) Penalty, see § 10.99

Building or other permits issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in the approved plans and applications; and any other use, arrangement, or construction, at variance with that authorized shall be deemed violation of this chapter and punishable under § 10.99.

(Prior Code, § 10.31)

Amendments to this chapter shall be in accordance with procedures set forth in § 462.357, as it may be amended from time to time, provided, however, that when a proposed amendment involves change in district boundaries a notice of the time, place, and purpose of a public hearing thereof shall be mailed to all property owners within 350 feet. Published notice or other notice requirements shall be in accordance with state statutes.

(Prior Code, § 10.32)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

(Prior Code, § 10.33)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaints stating fully the causes and basis thereof shall be filed with the administrative official. He or she shall record properly the complaint, immediately investigate, and take action thereon as provided by this chapter.

(Prior Code, § 10.34) Penalty, see § 10.99

1. Generally. The fees to be paid for each application be as prescribed in City Code Chapter 34.03. They are reviewed annually by the City Council. Fees shall be payable at the time applications are filed with the Community Development Director and are not refundable unless application is withdrawn prior to legal publication and notice. There shall be no fee in the case of application filed in the public interest by City Council or by the Planning Commission. Fees shall include application fees, filing fees, consultant, legal, planning and engineering fees and/or escrow fees. Fees for actions not prescribed in City Code Chapter 34.03 may be levied by the City provided they are fair, reasonable, and proportionate and have a nexus to the actual cost of the service for which the fee is imposed.
   
   
2. Escrow Payment. Certain applications require payment of an escrow as stipulated in City Code Chapter 34.03. The escrow fee shall be used to pay any outside expenses and fees incurred by the City, including, but not limited to consultants, attorneys, planning and engineering fees or other expenses due to the application. If, at any time, the balance in the cash escrow account is depleted to less than ten percent (10%) of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Community Development Director. All expenses and fees in excess of the escrow deposit, shall be paid by the applicant to the City within thirty (30) days of final action of the matter by the City. If not paid within thirty (30) days, the account shall be deemed delinquent. Any balance remaining in the cash escrow account upon completion of the process shall be returned to the applicant after all expenses and fees thereto have been deducted, following final action by the City in the matter.

(Ord. 537, passed 6-20-2005)

Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.

(Prior Code, § 10.99) Penalty, see § 10.99