Subd. 1.

The city council hereby establishes and continues a planning commission consisting of five members, each of whom must be a resident of the city. Planning commissioners are appointed by majority vote of the city council and serve for a term of three years and until a successor has been appointed and qualified. A planning commissioner may be removed by an affirmative vote of two-thirds of all of the members of the city council.

Subd. 2.

"Planning commission organization." At its first meeting in January of each year, the planning commission must elect a chairperson by majority vote and may adopt reasonable rules of procedure for the conduct of its meetings.

Subd. 3.

"Officers." The city council must appoint a zoning administrator. The zoning administrator creates and maintains files and records on each application that comes before the planning commission and formally presents applications to the planning commission. The city council must appoint a planning commission recording secretary, who may not be a member of the city council or planning commission, and who prepares, maintains and forwards to the city administrator-clerk, minutes of all planning commission meetings. The secretary and the zoning administrator have those additional duties as may be assigned by the city council or by the provisions of this zoning code. The planning commission may elect a vice-chairperson and other officers and committees as it deems necessary.

Subd. 1.

The planning commission has the following duties:

Subd. 2.

The planning commission may, upon its own motion or upon direction of the city council, review the city's comprehensive plan and its zoning code and recommend any appropriate amendments and changes to the city council.

Subd. 3.

The planning commission must review all applications for conditional use permits and for zoning amendments, conduct all appropriate public hearings thereon and make recommendations on the applications to the city council.

Subd. 4.

The planning commission acts as the board of appeals and reviews applications where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning code and makes recommendations to the city council on the appeals.

Subd. 5.

The planning commission acts as the board of adjustment and reviews all applications for a variance from the regulations of the zoning code, conducts all appropriate public hearings thereon and makes recommendations on the applications to the city council.

Subd. 6.

Whether acting as the planning commission, the board of appeals, or the board of adjustment, the planning commission must keep minutes of its proceedings and make a specific recommendation on each application that comes before it. The planning commission is encouraged to make specific findings of fact on material disputed issues. A copy of its findings and its recommendations will be served on the applicant by first class mail and will be forwarded to the city council for a final decision. Failure to provide a copy of the findings and recommendations to the applicant does not invalidate any subsequent action by the city council.

Subd. 1.

An amendment to the text of the zoning code or the zoning map may be initiated by the city council, the planning commission, or by application of a property owner. Individuals wishing to initiate an amendment to the zoning map must complete and submit to the city administrator-clerk an application for a zoning amendment together with a fee established by city council resolution. In addition to said fee, the applicant shall sign an agreement, on forms provided by the city, to pay the cost of all engineering, planning, legal and inspection expenses incurred by the city in processing the application.

Subd. 2.

An application for an amendment to the zoning map must include a general development plan. The general development plan must be drawn to scale showing topography with a contour interval not greater than ten feet and must include the following:

(a)

The proposed site with reference to existing development on adjacent properties;

(b)

Proposed public and private road arrangements, walkways, and recreation and open space and other public areas;

(c)

General location of proposed structures;

(d)

General location of parking areas;

(e)

Soil classifications and ground water elevation;

(f)

General locations of wells and on-site sewage treatment systems;

(g)

General drainage pattern;

(h)

Plans and proposals generally describing the applicant's future expansion plans and intentions.

Subd. 3.

The city administrator-clerk must refer the application to the zoning administrator, who must determine that all information required by subsection 520.05, subdivisions 1 and 2 has been provided, before presenting the application to the planning commission. The request shall be considered as being officially submitted when all the information requirements are complied with.

Subd. 4.

The planning commission must hold a public hearing on the proposed zoning amendment. Notice of the time, place, and subject matter of the proposed zoning amendment must be published in the official newspaper of the city. The city administrator-clerk must mail to property owners within 350 feet of the subject property a copy of the notice by first class mail. The notices must be published and/or mailed at least ten days before the public hearing. Except as otherwise provided by law, failure to give the mailed notice does not invalidate the proceedings.

Subd. 5.

The planning commission is encouraged to make written findings and recommendations on the proposed zoning amendment to the city council.

Subd. 6.

Following referral by the planning commission, the city council must approve or deny the requested zoning amendment within 60 days of the filing of a completed application. The city council may extend the review period up to an additional 60 days upon written notification to the landowner of the reason for the extension and the anticipated length of the extension.

Subd. 7.

No application of a property owner for an amendment to the text of the zoning code or the zoning map may be considered by the planning commission within a one-year period following a denial of the same or similar request, except the planning commission may proceed on its own motion if the planning commission finds new evidence or a change of circumstances warrant it.

Subd. 1.

The planning commission and the city council may consider, without limitation, the following criteria in approving or denying zoning amendments.

Subd. 2.

Zoning amendments must conform to the Independence city comprehensive plan.

Subd. 3.

The zoning amendment application must demonstrate that a broad public purpose or benefit will be served by the amendment.

Subd. 4.

The zoning amendment application must demonstrate that the proposed zoning is consistent with and compatible with surrounding land uses and surrounding zoning districts.

Subd. 5.

The zoning amendment application must demonstrate that the subject property is generally unsuited for the uses permitted in the present zoning district and that substantial changes have occurred in the area since the subject property was previously zoned.

Subd. 6.

The zoning amendment application must demonstrate merit beyond the private interests of the property owner.

Subd. 1.

The applicant for a conditional use permit must complete and submit to the city administrator-clerk an application for a conditional permit together with a fee established by city council resolution. In addition to said fee, the applicant shall sign an agreement, on forms provided by the city, to pay the cost of all engineering, planning, legal and inspection expenses incurred by the city in processing the application

Subd. 2.

The zoning administrator may require that the application for a conditional use permit include a site plan. The site plan must be drawn to scale showing topography with a contour interval of not greater than two feet and must include the following information, unless determined inapplicable by the zoning administrator:

(a)

Complete details of the proposed site development including identification signs, location of buildings, roads, driveways, parking spaces, locations of wells, and on-site sewage treatment systems, dimensions of the lot, lot area, yard dimensions and elevations.

(b)

Complete landscaping plans including species showing planting size and mature size of trees and shrubs proposed, together with an affirmative plan showing that existing trees will be protected and that due consideration has been given for other ecological and environmental concerns such as erosion control, silt accumulation, destruction of wildlife habitat, and similar considerations.

(c)

Plans and specifications for fences, walls, and other buffers as required.

(d)

Complete plans for proposed sidewalks or walkways to service parking, recreation and service areas within the proposed development.

(e)

A detailed soil survey including the particulate makeup, permeability, slope, and other morphological soil characteristics, together with classification and boundaries of all soils within the proposed development. This data must be prepared by a soil scientist with four years of academic training or the equivalent in field experience, by a geologist, or by a registered professional engineer experienced in the field of soils engineering.

(f)

Complete plans for stormwater drainage systems consistent with the requirements of section 508 of this Code.

(g)

An on-site sewage system design with accompanying soil boring and percolation test information consistent with the requirements of section 710 of this Code.

(h)

Complete plans and specifications, including exterior wall finishes, for all proposed principal and accessory buildings.

(i)

Complete plans for storage areas for equipment, materials, waste and garbage.

Subd. 3.

The city administrator-clerk must refer the application to the zoning administrator, who must determine that all information required by subsections 520.09, subdivisions 1 and 2, has been provided, before presenting the application to the planning commission. The request shall be considered as being officially submitted when all the information requirements are complied with.

Subd. 4.

The planning commission must hold a public hearing on the proposed conditional use permit. Notice of the time, place, and subject matter of the proposed conditional use permit must be published in the official newspaper of the city. The city administrator-clerk must mail to property owners within 350 feet of the subject property a copy of the notice by first class mail. The notices must be published and/or mailed at least ten days before the public hearing. Except as otherwise provided by law, failure to give the mailed notice does not invalidate the proceedings.

Subd. 5.

The planning commission is encouraged to make written findings and recommendations on the proposed conditional use permit to the city council.

Subd. 6.

Following referral by the planning commission, the city council shall approve or deny the requested zoning amendment within 60 days of the filing of a completed application. The city council may extend the review period up to an additional 60 days upon written notification to the landowner of the reason for the extension and the anticipated length of the extension.

Subd. 7.

No application for a conditional use permit may be resubmitted for a period of one year after denial by the city council.

Subd. 8.

If a conditional use permit holder wishes to alter or extend the operation or to change the conditions of the permit, the city will evaluate the permit holder's compliance with the existing permit conditions. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued requires an amended conditional use permit. An amended conditional use permit application must be administered in a manner similar to that required for a new conditional use permit.

Subd. 9.

If the applicant violates any of the conditions set forth in the conditional use permit, the city council may revoke the conditional use permit.

Subd. 10.

A conditional use permit lapses if construction does not proceed within one year of approval.

Subd. 1.

An applicant for a conditional use permit must demonstrate that the proposed use meets all of the following criteria:

(a)

The conditional use will not adversely affect the health, safety, morals, and general welfare of occupants of surrounding lands.

(b)

The proposed use will not have a detrimental effect on the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or on the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

(c)

Existing roads and proposed access roads will be adequate to accommodate anticipated traffic.

(d)

Sufficient off-street parking and loading space will be provided to serve the proposed use.

(e)

The proposed conditional use can be adequately serviced by public utilities or on-site sewage treatment, and a sufficient area of suitable soils for on-site sewage treatment is available to protect the city from pollution hazards.

(f)

The proposal includes adequate provision for protection of natural drainage systems, natural topography, tree growth, watercourses, wetlands, historic sites and similar ecological and environmental features.

(g)

The proposal includes adequate measures to prevent or control offensive odor, fumes, dust, noise, or vibration so that none of these will constitute a nuisance.

(h)

The proposed conditional use is consistent with the comprehensive plan of the City of Independence.

(i)

The proposed use will not stimulate growth incompatible with prevailing density standards.

Subd. 1.

In permitting a new conditional use or the alteration of an existing conditional use, the city council may impose, in addition to standards and requirements expressly specified by this zoning code, additional conditions it considers necessary to protect the best interests of the surrounding area or the community as a whole. These conditions may include but are not limited to the following:

(a)

Increasing the required lot size or yard dimensions;

(b)

Limiting the height, size, or location of buildings;

(c)

Controlling the location and number of vehicle access points;

(d)

Increasing the road width;

(e)

Increasing the number of required off-street parking spaces;

(f)

Limiting the number, size, location, or lighting of signs;

(g)

Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

(h)

Designating sites for open space;

(i)

Increasing on-site sewage system requirements;

(j)

Requiring provision of urban services including central sewer.

Subd. 1.

The purpose of an interim use permit is to allow for uses not specifically permitted in a zoning district, on a temporary basis.

Subd. 2.

Site plan. The zoning administrator may require that the application for an interim use permit include a site plan. The site plan must be drawn to scale showing topography with a contour interval of not greater than two feet and must include the following information, unless determined inapplicable by the zoning administrator:

(a)

Complete details of the proposed site development including identification signs, location of buildings, roads, driveways, parking spaces, locations of wells, and on-site sewage treatment systems, dimensions of the lot, lot area, yard dimensions and elevations.

(b)

An affirmative plan showing that existing trees will be protected and that due consideration has been given for other ecological and environmental concerns such as erosion control, silt accumulation, destruction of wildlife habitat, and similar considerations.

(c)

Plans and specifications for fences, walls, and other buffers as required.

(d)

Information from the county soil survey regarding the soil type, permeability, slope, and other characteristics, as deemed applicable.

(e)

Complete plans for stormwater drainage systems consistent with the requirements of section 508 of this Code.

(f)

An on-site sewage system design with accompanying soil boring and percolation test information consistent with the requirements of section 710 of this Code.

(g)

Complete plans and specifications, including exterior wall finishes, for all proposed principal and accessory buildings.

(h)

Complete plans for storage areas for equipment, materials, waste and garbage.

Subd. 3.

The city administrator-clerk must refer the application to the zoning administrator, who must determine that all information required by subsections 520.15, subdivisions 1 and 2, has been provided, before presenting the application to the planning commission. The request shall be considered as being officially submitted when all the information requirements are complied with.

Subd. 4.

The planning commission must hold a public hearing on the proposed interim use permit. Notice of the time, place, and subject matter of the proposed interim use permit must be published in the official newspaper of the city. The city administrator-clerk must mail to property owners within 350 feet of the subject property a copy of the notice by first class mail. The notices must be published and/or mailed at least ten days before the public hearing. Except as otherwise provided by law, failure to give the mailed notice does not invalidate the proceedings.

Subd. 5.

The planning commission is encouraged to make written findings and recommendations on the proposed interim use permit to the city council.

Subd. 6.

Following referral by the planning commission, the city council shall approve or deny the requested zoning amendment within 60 days of the filing of a completed application. The city council may extend the review period up to an additional 60 days upon written notification to the landowner of the reason for the extension and the anticipated length of the extension.

Subd. 7.

No application for an interim use permit may be resubmitted for a period of one year after denial by the city council.

Subd. 8.

If an interim use permit holder wishes to alter or extend the operation or to change the conditions of the permit, the city will evaluate the permit holder's compliance with the existing permit conditions. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the interim use permit issued requires an amended interim use permit. An amended interim use permit application must be administered in a manner similar to that required for a new interim use permit.

Subd. 9.

If the applicant violates any of the conditions set forth in the interim use permit, the city council may revoke the interim use permit.

Subd. 10.

An interim use permit lapses if construction does not proceed within one year of approval.

Subd. 11.

Any interim use permit permitted hereunder shall terminate upon the earlier of a specified date, or upon the occurrence of a particular event, which is specified in the permit.

Subd. 1.

The city council may issue interim use permits for an interim use of property provided the proposed use meets all of the following criteria:

(a)

The use is deemed to be temporary and the use conforms to the development and performance standards of the zoning regulations herein;

(b)

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

(c)

Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future;

(d)

The user agrees to any conditions that the city council deems appropriate for allowing the use; and

(e)

The use meets the standards set forth in subsection 520.11 governing conditional use permits.

Subd. 1.

The applicant for a variance must complete and submit to the city administrator-clerk an application for a variance and required documentation, together with a fee established by city council resolution. In addition to said fee, the applicant shall sign an agreement, on forms provided by the city, to pay the cost of all engineering, planning, legal and inspection expenses incurred by the city in processing the application.

Subd. 2.

The city administrator-clerk must refer the application to the zoning administrator, who must review the application before presenting the application to the board of adjustment. The request shall be considered as being officially submitted when all the information requirements are complied with.

Subd. 3.

The board of adjustment must hold a hearing on the proposed variance. Notice of the time, place, and subject matter of the proposed variance must be posted at the city hall. The city must mail to the property owners within 350 feet of the subject property a copy of the notice by first class mail. The notices must be posted and/or mailed at least ten days before the hearing. Failure to give the required notice does not invalidate the proceedings.

Subd. 4.

The board of adjustment is encouraged to make written findings and recommendations on the proposed variance to the city council.

Subd. 5.

Following referral by the board of adjustments, the city council must approve or deny the proposed variance within 60 days of the filing of a completed application. The city council may extend the review period up to an additional 60 days upon written notification to the landowner of the reason for the extension and the anticipated length of the extension.

Subd. 1.

The city council may grant a variance from the terms of this zoning code, including restrictions placed on nonconformities, in cases where:

1)

The variance is in harmony with the general purposes and intent of this zoning code;

2)

The variance is consistent with the comprehensive plan; and

3)

The applicant establishes that there are practical difficulties in complying with the zoning code.

(Amended, Ord. No. 2011-08)

Subd. 2.

An applicant for a variance must demonstrate that there are practical difficulties in complying with the zoning code. For such purposes, "practical difficulties" means:

(a)

The property owner proposes to use the property in a reasonable manner not permitted by the zoning code;

(b)

The plight of the property owner is due to circumstances unique to the property not created by the landowner;

(c)

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

Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(Amended, Ord. No. 2011-08)

Subd. 3.

The city council shall not grant a variance to permit a use that is not allowed under the zoning code based on the zoning classification of the affected property.

(Amended, Ord. No. 2011-08)

The board of adjustments may recommend and the city council may impose conditions on a variance. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance.

(Amended, Ord. No. 2011-08)

Subd. 1.

Policy statement. It is the city's policy to preserve and promote attractive environments for its citizens through encouraging well-conceived, high quality developments. The following rules govern applications for site plan approval.

Subd. 2.

Application. The property owner or an authorized agent must submit a site plan approval application to the zoning administrator on a form provided by the city, together with a fee in an amount established by city council resolution.

Subd. 3.

Exhibits. The application must be accompanied by the following exhibits:

(a)

A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions accurately dimensioned.

(b)

A complete set of preliminary drawings prepared by a registered civil engineer or landscape architect showing:

(1)

An accurately scaled and dimensioned site plan indicating parking layout, including access provisions, location of structures, landscaping, including trees and shrubbery with indication of species, planting, size and location;

(2)

Fences or walls or other screening, including height and type of material;

(3)

Lighting provisions, including type and location;

(4)

Curbs.

(c)

Any other information deemed applicable by the zoning administrator.

Subd. 4.

Decision. The zoning administrator shall review the sketch and determine if it complies with the applicable site development standards in subsection 530.15. The zoning administrator shall have the prerogative and authority to refer the sketch to the planning commission and/or city council for discussion, review and comment. Deviations from the standards in subsection 530.15 may be granted through a formal variance review process.

Subd. 5.

Expiration of site plan approval. An approved site plan expires and becomes null and void one year following the date on which the application was approved, unless prior to the expiration of the year, a building permit is issued and construction is commenced. The city council may extend the period of site plan approval for one year, and the extension may be granted before or after the expiration of the initial one-year period.

Subd. 1.

Any person wishing to appeal an order, requirement, decision, or determination made by an administrative officer in enforcement of the zoning code must complete and submit to the city administrator-clerk an application for appeal within 30 days after the date of the order or decision in question. The application for appeal must contain a complete statement of the order, requirement, decision or determination, the name of the administrative officer involved, and a concise statement of the alleged error committed.

Subd. 2.

The city administrator-clerk must refer the application to the zoning administrator, who must review the application before presenting the application to the board of appeals.

Subd. 3.

The board of appeals must review the application and is encouraged to make written findings and recommendations to the city council.

Subd. 4.

The city council must grant or deny the appeal request after receiving the recommendation of the board of appeals.

Subd. 1.

The city administrator-clerk performs or directs others to perform the following duties with respect to the zoning code:

(a)

Maintain permanent and current records of this zoning code, including, but not limited to, maps, permits, appeals, amendments, conditional uses, and variances;

(b)

Receive, file, and forward all applications for permits, appeals, amendments, conditional uses and variances or other matters required by law;

(c)

Publish and mail out hearing notifications as required;

Subd. 1.

The city building inspector performs or directs others to perform the following duties with respect to the zoning code:

(a)

Provide instruction and assistance to applicants for building permits;

(b)

Conduct a final review of building permit applications to verify compliance with the state building code and provisions of this zoning code;

(c)

Conduct inspections of buildings, structures, and on-site septic systems to determine compliance with the terms of this zoning code.

Subd. 1.

The city council must appoint a zoning administrator to perform the following duties with respect to the zoning code:

(a)

Provide instruction and assistance to applicants for conditional use permits, variances and zoning amendments;

(b)

Review applications for completeness and conformance with this zoning code prior to presentation to the planning commission or board of adjustment;

(c)

Conduct field inspections to determine compliance with the terms of this zoning code;

(d)

Make presentations of applications before the planning commission;

(e)

Prepare written reports of planning commission findings and recommendations and submit the reports to the city council.

The city administrator-clerk may appoint a planning commission recording secretary to prepare and maintain minutes of planning commission meetings and assist the zoning administrator in preparing written reports of planning commission findings and recommendations.

Subd. 1.

Any person, firm, or corporation who violates or fails to comply with any of the provisions of this zoning code or the provisions of any permit issued pursuant to this zoning code or who makes any false statement in any document required under the provisions hereof is guilty of a misdemeanor. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense. The failure of any officer or employee of the city to perform any official duty imposed by this zoning code will not subject the officer or employee to a penalty imposed for violation.

Subd. 2.

In the event of a violation or the threatened violation of any provisions or condition of a permit issued pursuant to this zoning code, the city council, in addition to other remedies, may request that the city attorney institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violations or threatened violations. Such proceedings may include, but are not limited to, administrative enforcement proceedings providing notice and an opportunity to be heard regarding alleged violations. Such proceedings may result in the imposition of monetary fines or penalties to the extent permitted by law.

Subd. 3.

Neither the issuance of a permit nor compliance with the conditions thereof or with the provisions of this zoning code relieves any person from any responsibility otherwise imposed by law for damage to persons or property, nor may the issuance of any permit hereunder serve to impose any liability on the city or its officers or employees for injury or damage to persons or property. A permit issued pursuant to the Code does not relieve the permittee of responsibility for securing and complying with any other permit that may be required by any other law, ordinance, or regulation.