(a)   A city application form(s) relating to the request signed by all persons with an interest in the subject property affected by the request. A copy of an owner's Duplicate Certificate of Title or other approved documentation of interest shall also be submitted with the signed application form(s);

         (b)   All supporting information required by this chapter and/or outlined in § 153.023 of this chapter and application documents included with the city application forms, unless specifically waived in writing by the Zoning Administrator; and

         (c)   Payment of all fees associated with the applicable application(s). Applicants shall be responsible for all costs incurred by the city and/or employed consultants. Expenses shall be charged against the required escrow accounts in accordance with this chapter.

         (d)   A pre-application meeting shall be required by city staff at which the appropriate application procedures, requirements and applicable provisions relating to the request will be reviewed and explained.

      (3)   An application will be deemed complete unless the applicant receives written notice within 15 business days exclusive of Saturdays, Sundays and legal holidays of its submission indicating it is not complete and indicating what information is missing. This notice shall be considered given by its deposit in the U.S. Mail, first class postage prepaid, addressed to any listed applicant at the address given on the application form. In the event the applicant fails to provide an address on the application form, this notice requirement for incomplete applications shall be deemed waived by the applicant.

         (a)   The City Council may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of the City Council.

         (b)   In the case of a conditional use permit, the Council may impose any condition it considers necessary to protect the public health, safety, and welfare.

         (c)   In the case of an amendment, the amendment shall not become effective until such time as the City Council approves an ordinance or code provision reflecting the amendment and after the ordinance or code provision is published in the official newspaper.

      (1)   Unless otherwise specified by the City Council at the time it is authorized, a conditional use permit, interim use permit, or variance shall be null and void and expire if the applicant fails to implement such approvals and fulfill each and every condition attached thereto within one year from the date of its authorization unless a petition for an extension of time in which to implement the approved plans has been granted by the Zoning Administrator provided that:

         (a)   The extension is requested in writing and filed with the city at least 30 days prior to the expiration of the initial request;

         (b)   The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the approval;

         (c)   A maximum of one administrative extension shall be granted;

         (d)   The extension shall not exceed six months from the initial expiration date; and

         (e)   There shall be no charge for the filing of a petition for an administrative extension.

      (2)   Upon receiving a recommendation from the Planning Commission and City staff, the City Council may grant an extension of greater than six months provided that:

         (a)   The conditions described in divisions (1)(a) through (1)(c) above are satisfied;

         (b)   The extension shall not exceed one additional year; and

         (c)   The filing of a petition for extension is subject to fee requirements established by the city's fee schedule.

(Ord. 583, passed 8-26-2019)

   The City Council, serving as the Board of Appeals and Adjustments, shall, after receiving the written report of the Zoning Administrator, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, interpretation requirement, decision or determination made by any administrative office or the Zoning Administrator in the enforcement of this chapter. However, said appeal shall be filed not later than 60 days after the applicant has received a written order from the city or the appeal shall be void

(Ord. 422, passed 6-8-1992; Ord. 583, passed 8-26-2019)

      (1)   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the city's comprehensive plan;

      (2)   The proposed use is or will be compatible with present and future land uses of the area;

      (3)   The proposed use conforms with all performance standards contained in this chapter;

      (4)   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity; and

      (5)   Traffic generation by the proposed use is within capabilities of streets serving the property.

(Ord. 422, passed 6-8-1992; Ord. 444, passed 8-25-1997; Ord. 583, passed 8-26-2019)

         (a)   The location of all buildings on lots, including both existing and proposed structures;

         (b)   The location of all adjacent buildings located within 200 feet of the exterior boundaries of the property in question;

         (c)   The location and number of existing and proposed parking spaces;

         (d)   Vehicular circulation;

         (e)   Architectural elevations (type and materials used in all external surfaces);

         (f)   The location and candle power of all luminaries; and

         (g)   Curb cuts, driveways, and number of parking spaces.

         (a)   Lot dimensions and area;

         (b)   Dimensions of proposed and existing structures;

         (c)   Building floor plan;

         (d)   Setbacks of all buildings located on the property in question;

         (e)   Proposed setbacks; and

         (f)   A sanitary sewer and water plan with estimated use per day.

         (a)   Existing contours;

         (b)   Proposed grading elevations;

         (c)   Drainage configurations;

         (d)   Storm sewer catch basins and invert elevations;

         (e)   Spot elevations; and

         (f)   A proposed road profile.

         (a)   The location of all existing trees, their type and diameter, and which trees will be removed;

         (b)   The location, type, and diameter of all proposed plantings; and

         (c)   The location of and material used for all screening devices.

      (5)   A legal description of the property under consideration.

      (6)   Proof of ownership of the land for which a conditional use permit is requested.

      (1)   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the comprehensive plan;

      (2)   The proposed use is or will be compatible with present and future land uses of the area;

      (3)   The proposed use conforms with all performance standards contained in this chapter;

      (4)   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity; and

      (5)   Traffic generation by the proposed use is within capabilities of streets serving the property.

      (1)   Increasing the required lot size or yard distance;

      (2)   Limiting the height, size and location of buildings;

      (3)   Controlling the location and number of vehicle access points;

      (4)   Increasing the street widths;

      (5)   Increasing the number of required off-street parking spaces as required by this chapter;

      (6)   Requiring storm water management, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

      (7)   Designating sites for open space or recreational purposes; and

      (8)   Allowing the Planning Commission or the City Council to review the conditional use permit at any time and to modify, amend, cancel or revoke the conditional use permit if there is noncompliance with the conditions set forth in the conditional use permit.

(Ord. 422, passed 6-8-1992; Ord. 444, passed 8-25-1997; Ord. 583, passed 8-26-2019)

      (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; and

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

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

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

      (3)   The user agrees, in writing, to any conditions that the City Council deems appropriate for permission of the use, including the specified termination date or event;

      (4)   The use is specifically allowed as an interim use in the respective zoning district; and

      (5)   The applicant enters into a development agreement with the city specifying the termination date or event, and other aspects and conditions of the interim use permit approval.

      (1)   The date or event stated in the permit;

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

      (3)   The property is redeveloped to a permitted or conditional use allowed in the respective zoning district.

(Ord. 583, passed 8-26-2019)

      (1)   A variance shall only be granted when it is in harmony with the general purposes and intent of the ordinance.

      (2)   A variance shall only be granted when it is consistent with the comprehensive plan.

      (3)   A variance may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute a practical difficulty. In order for a practical difficulty to be established, all of the following criteria shall be met:

         (a)   The property owner proposes to use the property in a reasonable manner. In determining if the property owner proposes to use the property in a reasonable manner, the board shall consider, among other factors, whether the variance requested is the minimum variance which would alleviate the practical difficulty and whether the variance confers upon the applicant any special privileges that are denied to the owners of other lands, structures, or buildings in the same district;

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

         (c)   That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located.

      (4)   The variance does not involve a use that is not allowed within the respective zoning district.

         (a)   A certified survey of the property in question.

         (b)   The location and design of all buildings on lots, including both existing and proposed structures;

         (c)   The location of all adjacent buildings located within 200 feet of the exterior boundaries of the property in question;

         (d)   The location and number of existing and proposed parking spaces;

         (e)   Vehicular circulation;

         (f)   Architectural elevations (type and materials used in all external surfaces);

         (g)   Photometric plan, including the location and candle power of all luminaries; and

         (h)   Curb cuts, driveways, and number of parking spaces.

         (a)   Lot dimensions and area;

         (b)   Dimensions of proposed and existing structures;

         (c)   A "typical" floor plan and a "typical" room plan;

         (d)   Setbacks of all buildings located on the property;

         (e)   Proposed setbacks; and

         (f)   A sanitary sewer and water plan with estimated use per day.

         (a)   Existing contours;

         (b)   Proposed grading elevations;

         (c)   Drainage configurations;

         (d)   Storm sewer catch basins and invert elevations;

         (e)   Spot elevations; and

         (f)   A proposed road profile.

         (a)   The location of all existing trees, their type and diameter, and which trees will be removed;

         (b)   The location, type, and diameter of all proposed plantings; and

         (c)   The location of and material used for all screening devices.

(Ord. 422, passed 6-8-1992; Ord. 583, passed 8-26-2019) Penalty, see § 153.999

   (B)   No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, convert or demolish any building or structure in the city, or cause the same to be done without first obtaining a separate zoning or building permit, or both as applicable, for each building or structure from the Zoning Administrator and Building Inspector respectively.

   (C)   Building permits shall be issued by the Building Inspector in accordance with the state statutes.

      (1)   Scalable site development plan, which shall include:

         (a)   Location of all buildings on lots including both existing and proposed structures;

         (b)   Location of all adjacent buildings located within 200 feet of the exterior boundaries of the property in question;

         (c)   Location and number of existing and proposed parking spaces;

         (d)   Curb cuts, driveways and vehicular circulation;

         (e)   Architectural elevations (type and materials used in all external surfaces);

         (f)   Location of all luminaries;

         (g)   Landscaping plan; and

         (h)   Grading, drainage, and utility plans.

      (2)   Legal description of property under consideration.

      (3)   Proof of ownership of the subject site.

      (1)   Persons requesting a zoning permit shall fill out a zoning permit application form available from the Zoning Administrator. In those cases where a contractor is used, the contractor shall obtain the zoning permit application form but the form must be signed by the property owners.

      (2)   Completed zoning permit application forms and a fee, as established from time to time by city resolution, shall be submitted to the Zoning Administrator. If the proposed improvement conforms in all respects to this chapter and all other federal, state and local laws, statutes, rules and regulations as determined by the Zoning Administrator, a zoning permit shall be issued by the Zoning Administrator within 60 days.

(Ord. 583, passed 8-26-2019)

      (1)   Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and sighting of structures and by the conservation and more efficient use of land in such developments;

      (2)   Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects;

      (3)   More convenience in location and design of development and service facilities;

      (4)   The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion;

      (5)   A creative use of land and related physical development which allows a phased and orderly transition of land from one activity to another;

      (6)   An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments;

      (7)   A development pattern in harmony with the objectives of the comprehensive plan. (PUD is not intended as a means to vary applicable planning and zoning principals);

      (8)   A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the city; and

      (9)   That the flexibilities granted through the PUD process for the development produce a clear and identified benefit to the city that would not have been achievable following the standard zoning procedure.

         (a)   Dedicated to public, where a community-wide use is anticipated, and the city agrees to accept the dedication;

         (b)   Property owner control, where only use by tenants is anticipated; and

         (c)   Property Owners Association, provided all of the following conditions are met:

            1.   Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts or common area, a declaration of covenants, conditions and restrictions or an equivalent document or document such as specified by M.S. Chapter 515 and other applicable laws of the State of Minnesota shall be filed with the city, said filing with the city to be made prior to the filings of said declaration or document or floor plans with the recording officers of the county.

            2.   The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject said properties to the terms of said declaration.

            3.   The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owner's proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

            4.   The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its prorate share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made.

            5.   Membership must be mandatory for each owner and all successors or assigns.

            6.   The open space restrictions must be permanent and not for a given period of years.

            7.   The Association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

            8.   Property owners must pay a prorate share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes.

            9.   The Association must be able to adjust the assessment to meet changed needs.

            10.   The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.

            1.   The landowner's name and address and their interest in the subject property;

            2.   The applicant's name and address if different from the landowner;

            3.   The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer, and surveyor; and

            4.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidences as the City Attorney may require to show the status of title or control of the subject property.

            1.   The address and legal description of the subject property;

            2.   The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the subject property; and

            3.   A map depicting the existing development of the subject property and all land within 1,000 feet thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the subject property.

         (c)   A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the comprehensive plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

            1.   Contours-minimum two foot intervals, relying on public information or a representative certificate of survey of the subject property.

            2.   Location, type and extent of tree cover.

            3.   Slope analysis.

            4.   Location and extent of water bodies, wetlands and streams and floodplains within 300 feet of the subject property, or any water bodies within 1,000 feet of the subject property that are subject to the Minnesota Shoreland Development requirements in M.S. Chapter 103F.

            5.   Significant rock outcroppings.

            6.   Existing drainage patterns.

            7.   Vistas and significant views.

            8.   Soil conditions as they affect development.

         (e)   Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, and internal and surrounding land uses.

         (f)   Locations of existing municipal utilities services, including sanitary sewer, water, and storm sewer which will be proposed to serve the PUD.

         (g)   Schematic drawing of re-subdivision plans for the proposed development, if any, in the event of sanitary sewer availability.

         (h)   A statement of the estimated density/intensity of use proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

            1.   Area devoted to uses;

            2.   Area devoted to use by building type;

            3.   Area devoted to common open space;

            4.   Area devoted to public open space;

            5.   Approximate area devoted to streets; and

            6.   Approximate area devoted to, and number of, off-street parking and loading spaces and related access.

         (i)   When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage, and the overall chronology of development to be followed from stage to stage.

         (j)   When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities.

         (k)   General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

         (l)   Schematic utilities plans indicating placement of water, sanitary and storm sewers.

         (m)   The Zoning Administrator may excuse an applicant from submitting any specific item of information or document required in this stage, which is determined to be unnecessary to the consideration of the specific proposal for PUD approval.

         (n)   The Zoning Administrator may require the submission of any additional information or documentation which is determined to be necessary or appropriate for full consideration of the proposed PUD or any aspect or stage thereof.

         (a)   Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan;

         (b)   Three sets of preliminary plans, drawn to a scale of not less than one inch equals 100 feet or scale requested by the city and six reduced scale (not less than 11" x 17") copies containing at least the information specified in this section and one digital copy. If, in the opinion of the Zoning Administrator, reduced scale drawings (11" x 17") are determined to be illegible, the submission of larger scale materials shall be required. The scale of such materials shall be the minimum necessary to ensure legibility:

            1.   Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county);

            2.   A certificate of survey illustrating all property boundary lines and dimensions of the property and any significant topographical or physical features of the property, including buildings, features and topographic contours at no less than two feet. Topographic data shall extend outward no less than 100 feet from the property to identify land features that may influence proposed grading and drainage;

            3.   Wetland delineation of all wetlands on the property, or a statement from a qualified wetland engineer that there are no wetlands on the subject property;

            4.   The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings, and existing buildings which will remain, if any;

            5.   Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian, and the total site coverage of all elements;

            6.   Location, designation and total area of all common open space;

            7.   Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;

            8.   Proposed lots and blocks, if any, and numbering system;

            9.   Proposed re-subdivision plan for unserved property, if any, upon availability of public utility services;

            10.    The location use and size of structures and other land uses on adjacent properties;

            11.   Detailed sketches and provisions of proposed landscaping;

            12.   General grading and drainage plans for the developed PUD; and

            13.   Any other information that may have been required by the city in conjunction with the approval of the general concept plan;

         (c)   An accurate legal description of the entire area within the PUD for which final development plan approval is sought;

         (d)   A tabulation indicating the number of residential dwelling units and expected population;

         (e)   A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket);

         (f)   Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes;

         (g)   A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structure, including mobile homes and uses;

         (h)   Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan shall clearly reflect the site treatment and its conformance with the approved concept plan;

         (i)   Preliminary utility plans illustrating the existing and proposed municipal utilities including municipal water and sanitary sewer, and any proposed private utilities within the PUD;

         (j)   A preliminary plat prepared in accordance with the subdivision section of the city code;

         (k)   A soil erosion control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures;

         (l)   A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data. Changes to plans which are submitted, but which have not been identified on such a statement, shall not be considered as being included in any approval;

         (m)   Such other and further information as the Zoning Administrator shall find necessary to a full consideration of the entire proposed PUD or any stage thereof; and

         (n)   The Zoning Administrator may excuse an applicant from submitting any specific item of information or document required in this section if it is found to be unnecessary to the consideration of the specific proposal for PUD approval.

         (a)   Revised development stage plan record documents illustrating compliance with all terms and conditions required by the City Council's Development Stage PUD approval.

         (b)   Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

         (c)   All certificates, seals and signatures required for the dedication of land and recording of documents.

         (d)   Final architectural working drawings of all structures.

         (e)   A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a City/Applicant Agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

         (f)   Re-subdivision plan, if any, upon availability of sanitary sewer service.

         (g)   Any other plan, agreements, or specifications necessary for the city to review the proposed construction. All work must be in conformance with the Minnesota State Uniform Building Code.

            1.   Overall maximum PUD density/intensity range;

            2.   General location of major streets and pedestrian ways;

            3.   General location and extent of public and common open space;

            4.   General location of residential and non-residential land uses with approximate type and intensities of development;

            5.   General architectural design and features of buildings;

            6.   Narrative generally describing the project and flexibilities from standard sought;

            7.   Staging and time schedule of development; and

            8.   Other special criteria for development.

            1.   The applicant shall file the concept stage request, together with all supporting data and filing fee as established by City Council resolution.

            2.   Within 15 business days after verification by the city that the request and required supportive material is completed and adequate, the Zoning Administrator shall schedule the concept plan for review and comment by the Planning Commission and City Council at the next available meetings. Concept review is not a formal public hearing, and city may choose to notify neighboring property owners of the consideration of said review but shall not be required to do so.

            1.   The City Attorney for legal review of all documents;

            2.   The City Engineer for review of all engineering data and the City/Developer Agreement;

            3.   The Building Official for review of all building plans;

            4.   The Zoning Administrator or designated agent for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the general concept plan and comprehensive plan;

            5.   The Planning Commission for review and recommendation to the Council; and

            6.   When appropriate, as determined by the Zoning Administrator to other special review agencies and governmental jurisdictions.

            1.   Upon approval of the development stage plan, the applicant shall file with the city a final plan consisting of the information and submissions required in this section for the entire PUD or for one or more stages. This plan will be reviewed and approved or denied by city staff, subject to appeal.

            2.   Within 30 days of its approval, the applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the County Recorder. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval or the approval shall be null and void.

            2.   If the city finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, the city shall either by ordinance revoke the PUD, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the final plans as approved; or shall require the landowner or applicant to seek an amendment to the final plan.

(Ord. 583, passed 8-26-2019)