Maple Grove City Zoning Code

ARTICLE II

ADMINISTRATION

Sec. 36-59. - Purpose.

(a)

A planned unit development (PUD) is intended to allow variation from the strict literal provisions of this chapter, including, but not limited to, requirements relating to setbacks, height, floor area, floor area ratio, lot area, width, depth, and yards. If a proposed development is approved by the city as a PUD as provided in this section, then the dimensions of the PUD as approved shall be deemed to be in compliance with all of the dimensional requirements of this chapter, including setbacks, height, floor area, floor area ratio, lot area, lot width, lot depth and yards.

(b)

A PUD may be voluntary or required (as in the case of shopping centers). A PUD may be residential, business, industrial or mixed use in nature. A residential PUD may allow all uses permitted in the R-1 through R-5 zoning districts and must be developed pursuant to a conditional use permit within residentially zoned property unless mixed uses are a part of the PUD. A business PUD may allow all uses permitted in the B zoning district and must be developed pursuant to a conditional use permit within property zoned for business uses unless mixed uses are a part of the PUD. An industrial PUD may allow all uses permitted in the I zoning district and must be developed pursuant to a conditional use permit within property zoned for industrial uses. A PUD in a district zoned PUD shall allow mixed uses, and PUDs in which mixed uses are permitted shall be zoned PUD.

(c)

A PUD is intended to result in a development in which the living or working environment is better than could otherwise have been achieved through strict enforcement of the dimensional requirements of other applicable sections of this chapter. A PUD will not be permitted unless the landowner demonstrates that the development would be consistent with the spirit and intent of the city's comprehensive plan, that the development would be consistent with the spirit and intent of this chapter, and that the development would tend to accomplish the following objectives for PUDs:

(1)

For any PUD with a residential component guided low-medium density residential, over ten acres in size and outside the gravel mining area, or guided medium density residential or high density residential, regardless of size, and outside of the gravel mining area, shall be assessed against the project point system which ensures innovations within a single development having a greater variety in type, design, and siting of dwellings to meet the growing demands for housing at various economic levels and the growing demands for rental units as well as owner-occupied units;

(2)

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

(3)

The preservation and enhancement of desirable site characteristics such as natural topography and geographic features, and the protection of natural vegetation and water features;

(4)

An efficient use of land resulting in smaller networks of utilities and streets, thereby lowering housing costs and public investments;

(5)

A development pattern in harmony with the objectives of the city's comprehensive plan; and

(6)

A more desirable environment than would be possible through the strict application of the zoning and subdivision regulations of the city.

(d)

A PUD is intended to allow variation from the strict literal provisions of this chapter, including, but not limited to, requirements relating to setbacks, height, floor area, floor area ratio, lot area, width, depth, and yards.

(Code 1984, § 375:114(1); Code 2003, § 36-61; Ord. No. 04-16, § 1, 7-19-2004; Ord. No. 15-01, § 1, 1-5-2015)

Sec. 36-60. - General standards.

(a)

Scope. The following developments and redevelopments shall be subject to this division:

(1)

All developments and redevelopments within the gravel mining area; and

(2)

All developments and redevelopments with a residential component not within the gravel mining area, except existing residential developments, and new residential developments created by sections 30-30(b) and 30-36.

(b)

Inapplicability of variance provisions. The provisions of article II, division 5 of this chapter relating to variances shall not apply to this section.

(c)

Subdivision. All properties within the scope of section 36-60(a) shall be platted pursuant to chapter 30. An application for subdivision, under chapter 30, of property within the scope of section 36-60(a) shall be considered premature and shall not be considered or processed until PUD approval has been granted.

(d)

Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in the project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved plan shall be binding on all owners.

(e)

Open space. A PUD is intended to preserve and concentrate open space. This can be done by either creating common open areas or by reserving specific amounts of open space on each lot. The open space requirements of this section shall be in addition to any public park dedication required by chapter 30.

(1)

Residential PUDs. Residential developments shall result in a maximum of 40 percent coverage of the land outside public rights-of-way with impermeable surfaces.

(2)

Business PUDs. Business developments shall result in a maximum of 75 percent coverage of the land outside public rights-of-way with impermeable surfaces.

(3)

Industrial PUDs. Industrial developments shall result in a maximum of 75 percent coverage of the land outside public rights-of-way with impermeable surfaces.

(4)

Mixed use PUDs. Mixed use developments shall result in a variable amount of land covered with impermeable surfaces. The actual amount shall be determined by calculating the amount of land occupied by the different uses and then applying the standards set forth in subsections (e)(1) through (3) of this section.

(f)

Operating and maintenance requirements for common open space and facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to ensure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the city council:

(1)

The public, by dedication, where community-wide use is anticipated and the city council agrees to accept the dedication.

(2)

Landlord control, where only use by tenants is anticipated.

(3)

A property owners' association, provided all of the following conditions are met:

Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Minn. Stats. § 515A.2-105 and a set of floor plans such as specified by such statute shall be filed with the city, such filing with the city to be made prior to the filings of the declaration or document or floor plans with the recording officers of the county.

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 the properties to the terms of the declaration.

The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of the association or corporation, which shall maintain all properties and common areas in good repair and which shall assess individual property owners' 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.

The declaration shall additionally, among other things, provide that, if 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 if the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of such 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.

Membership must be mandatory for each owner and any successive buyer.

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

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

A property owner must pay their pro rata 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 state statutes.

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

The bylaws 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 development stage PUD plan.

(g)

Staging of public and common open space. When a PUD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

(h)

Density. The maximum residential density of a PUD may not exceed the maximum residential density permitted by the comprehensive plan, unless the PUD qualifies for additional density as follows, which shall be cumulative in effect:

(1)

In areas designated on the land use plan as mixed low/medium density residential:

Density for the PUD as a whole may be 25 percent greater than would otherwise be permitted under the comprehensive plan if:

At least 30 percent, but no more than 50 percent of all dwelling units in the PUD, are affordable to households with incomes at or below 80 percent of the area median as determined by the metropolitan council; and

Of the units described in subsection (h)(1)a.1 of this section, at least 20 percent but no more than 50 percent of all dwelling units, and in no case more than 50 units, are affordable to families with incomes at or below 50 percent of the area median as determined by the metropolitan council.

Density for the PUD as a whole may be 12.5 percent greater than would otherwise be permitted under the comprehensive plan if at least 20 percent of all dwelling units shall be occupied by renters.

(2)

In areas designated on the land use plan as mixed medium density residential:

Density for the PUD as a whole may be six and two-thirds percent greater than would otherwise be permitted under the comprehensive plan if:

At least 30 percent but no more than 50 percent of all dwelling units in the PUD, are affordable to households with incomes at or below 80 percent of the area median as determined by the metropolitan council; and

Of the units described in subsection (h)(1)a.1 of this section, at least 30 percent but no more than 50 percent of all dwelling units, and in no case more than 50 units, are affordable to families with incomes at or below 50 percent of the area median as determined by the metropolitan council.

Density for the PUD as a whole may be 3⅓ percent greater than would otherwise be permitted under the comprehensive plan if at least 20 percent of all dwelling units shall be occupied by renters.

(3)

Notwithstanding the density of the PUD as a whole, the density standards as expressed in section 36-8 shall apply to each different residential use included within the PUD.

(4)

In residential PUDs that encompass both mixed low/medium density and mixed medium density land use designations, the standards applicable to each density designation shall apply in the area of the PUD containing that designation.

(5)

Density bonuses shall not be granted on lands governed by the gravel mining area special area plan.

(i)

Utilities to be installed underground. In any PUD, all utilities, including telephone, electricity, gas and telecable, shall be installed underground.

(j)

Water and sewer connections.

(1)

Water connections. Where more than one property is served from the same service line, a shut-off valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shut-off at the street.

(2)

Sewer connections. Where more than one unit is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a utility hole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association or owner.

(k)

Roadways. All streets which give access to single-family dwellings shall be public and shall conform to the design standards of the subdivision regulations contained in chapter 30 or such alternative standard accepted by the city council which accomplishes the same quality of public service. No private drive may serve more than four single-family units, except that up to 12 units in no more than two buildings of the housing units known as eight-plexes or 12-plexes may be accessed by a private drive.

(l)

Landscaping. In any PUD, landscaping shall be provided in accordance with the standards listed in article VIII of this chapter.

(m)

Urban development and availability of public services. All development will be carefully phased so as to ensure that all developable land will be able to develop at such time as services and facilities are available.

(1)

Lands which have the necessary available municipal facilities and services will be granted approval in accordance with existing ordinances and development techniques.

(2)

Lands which lack the available facilities and services will be granted approval for development at such times as the facilities and services have been made available by the continuing public improvement program.

(3)

No PUD will be permitted in areas not having city water and sanitary sewer available.

(n)

Setbacks. The following setback requirements shall apply to all non-single-family detached portions of PUDs. In single-family detached areas, the standards of the R-2 zone shall apply:

(1)

The front and side yard restrictions at the periphery of the planned unit development site, at a minimum, shall be the same as imposed in the zoning districts which permit the uses within the development.

(2)

Buildings shall be located at least 15 feet from any street right-of-way along those roadways which are part of the internal street pattern. Private garages shall be 25 feet from any street right-of-way.

(3)

No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings.

(Code 1984, § 375:114(2); Code 2003, § 36-62; Ord. No. 04-16, § 1, 7-19-2004; Ord. No. 04-22, § 1, 10-4-2004; Ord. No. 15-16, § 3, 11-2-2015)

Sec. 36-61. - Submission requirements.

The following exhibits, analyses and plans shall be submitted to the planning commission and council during the PUD process, together with the required fees set forth in the city fee schedule, at the times specified in section 36-62. Each stage referred to in this section shall be the subject of a separate application, and the information submitted for each stage shall be considered a separate written request for purposes of Minn. Stats. § 15.99.

(1)

Concept stage. Concept stage submissions shall include:

Information required for applications.

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

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

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

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 evidence as the city attorney may require to show the status of title or control of the subject property.

Present status.

The address and legal description of the subject property.

A map depicting the existing zoning category and present use of the subject property and all land within 1,000 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 200 feet of the subject property.

A written statement generally describing the proposed PUD and the market which it is intended to serve, its relationship to the city's 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.

A written statement describing the city goals to be accomplished by the PUD and the way the development accomplishes them. The statement shall also explain why the PUD serves better than the zoning standards in meeting the city's goals.

Graphic reproductions of the existing site conditions at a scale of no more than 100 feet to the inch. All of the graphics should be at the same scale as the final plan to allow easy cross reference. The site condition graphics shall include:

Contours at a minimum two-foot intervals.

Location, type, and extent of tree cover.

Slope analysis.

Location and extent of water bodies, wetlands and streams and floodplains within 300 feet of the subject property. Preliminary wetland sequencing and replacement plans pursuant to federal, state and local laws and codes shall be provided and shall be accompanied by quantified wetland impact data.

Significant rock outcroppings.

Existing drainage patterns.

Vistas and significant views.

Soil conditions which affect development.

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 residential and other land uses.

A statement of the estimated total number of dwelling units proposed for a residential or mixed use 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:

Area devoted to residential uses.

Area devoted to residential use by building type.

Area devoted to common open space.

Area devoted to public open space.

Approximate area devoted to streets.

Approximate area, and floor area, devoted to commercial uses.

Approximate area, and floor area, devoted to industrial or office use.

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. If it is proposed that such open space be owned and/or maintained by a homeowners' association, copies of the proposed articles of incorporation and bylaws of such association shall be submitted.

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

Schematic utilities plans indicating placement of water lines and sanitary and storm sewers.

A written summary of issues identified and responses from any neighborhood meeting.

The planning commission may excuse an applicant from submitting any specific item of information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal for PUD approval. The planning commission may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect thereof.

(2)

Development stage. Development stage submissions shall depict and outline the proposed implementation of the concept stage for the PUD and shall not be submitted until the concept plan has been approved by the city council pursuant to section 36-62(a)(3). Information from the concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to:

Plans, drawn to a scale of not less than one inch equals 100 feet (or the scale requested by the zoning administrator), containing at least the following information:

The proposed name of the development, which shall not duplicate or be similar in pronunciation to the name of any plat theretofore recorded in the county.

A site plan prepared in conformance with the requirements of article II, division 3 of this chapter.

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

Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan.

Grading and site alteration plans illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan.

Preliminary and final plat prepared in accordance with chapter 30.

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.

Such other and further information as the planning commission, zoning administrator or council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

The planning commission may excuse an applicant from submitting any specific item of information or document required in this subsection which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

(3)

Final plan stage. After approval of a concept plan for the PUD and approval of a development stage plan for all or a section of the proposed PUD, the applicant will submit the following material for review by the city staff prior to issuance of a building permit:

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.

All certificates, seals and signatures required for the dedication of land and recordation of documents.

Final site plan.

Final architectural working drawings of all structures.

Final engineering plans and specifications for streets, utilities and other public improvements, together with a developer's agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

Any other plan, agreements, or specifications necessary for the city staff to review the proposed construction. All work must be in conformance with the state building code. See chapter 8, article II, divisions 1 and 2.

(Code 1984, § 375:114(3); Code 2003, § 36-63; Ord. No. 25-01, § 1, 3-17-2025)

Sec. 36-62. - Procedure for review and approval.

(a)

Concept plan.

(1)

Purpose. The concept plan provides an opportunity for the applicant to submit a plan to the city showing the applicant's basic intent and the general nature of the entire development without incurring substantial cost. The concept plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the city shall review and for which a decision shall be rendered:

Overall maximum PUD density.

General location of major streets and pedestrian ways.

General location and extent of public and common open space.

General location of residential and nonresidential land uses with approximate type and intensities of development.

Other special criteria for development.

(2)

Schedule.

The developer shall meet with the director of commmunity and economic development and/or city staff to discuss the proposed development.

For any project that requires a public hearing notice to a residential property, the applicant shall conduct a neighborhood meeting prior to any public hearing unless this requirement is waived by the director of community and economic development. Any recipient of a public hearing notice shall be invited by the applicant to the neighborhood meeting. Neighborhood meetings may be held in-person or online.

The developer shall submit the necessary data as required in section 36-61(1) and subsection (a)(1) of this section.

After verification by the staff that the required plan and supporting data are adequate, the zoning administrator shall set a public hearing for a regular meeting of the planning commission.

A technical staff report shall be prepared on the proposed development, and distributed to the planning commission and the applicant prior to the meeting.

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed development. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

The planning commission shall submit its written report and recommendations to the council and applicant.

Such report shall contain the findings of the planning commission with respect to the compliance of the general concept plan with the provisions of this chapter and all other applicable federal, state and local codes and ordinances.

If the planning commission shall find the concept plan, or any amended plan agreed to by the petitioner, to be in all other respects complete and in compliance with this chapter and other applicable federal, state and local codes and ordinances, it shall recommend approval of the plan. Otherwise, it shall recommend denial of approval.

If the planning commission fails to act within the time specified in this section, it shall be deemed to have recommended the plan for approval.

If time permits, the council may resubmit the plan to the planning commission for further consideration of specified items. City council approval shall require a positive vote by majority vote of the council membership.

(3)

Optional submission of development stage plan. In cases of single-stage PUDs, or where the applicant wishes to begin the first stage of a multiple-stage PUD immediately, the applicant may, at the applicant's option, submit an application for development stage plan approval for the proposed PUD simultaneously with the submission of the application for concept plan approval. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the development stage plan. The planning commission and council shall consider such applications simultaneously and shall grant or deny development stage plan approval in accordance with the provisions of subsection (b) of this section.

(4)

Effect of concept plan approval. Unless the applicant shall fail to meet time schedules for filing development stage plans or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this chapter or of any approval granted pursuant to it, a concept plan which has been approved or PUD agreement signed by the applicant shall not, by any action of the city taken without the consent of the applicant, be modified, revoked or otherwise impaired while the application for approval of development stage and final plans is pending.

(5)

Limitation on concept plan approval. Unless a development stage plan covering at least 50,000 square feet of building area in a nonresidential PUD has been filed within one year from the date the council grants concept plan approval, or, in a residential PUD, a development stage plan for 20 percent of the entire concept stage plan property is filed within one year from the date the council grants concept plan approval and, for the remaining concept stage plan property, a development stage plan for 20 percent of the entire concept stage plan property is filed within every two years after the first development stage plan approval, or in any case where the applicant fails to file development stage plans and to proceed with development in accordance with the provisions of this chapter and of an approved concept plan, the approval, subject to the following, shall expire.

At any time within 30 days before such deadline, the applicant may file with the zoning administrator a written request that the deadline be extended one year beyond the date the extension is granted.

The zoning administrator shall place the applicant's request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing.

Upon application by the applicant, the council, at its discretion, may extend the filing deadline for any development stage plan for one one-year period when, for good cause shown, such extension is necessary.

Only one such extension may be made.

At the time of concept stage plan approval, the council may modify the filing deadline with a simple majority vote.

(b)

Development stage.

(1)

Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the planning commission will base its recommendation to the council and with which substantial compliance is necessary for the preparation of the final plan.

(2)

Submission of development stage plan. Upon approval of the concept plan, and within the time established in subsection (a)(5) of this section, the applicant shall file with the zoning administrator a development stage plan consisting of the information and submissions required by section 36-61(2) for the entire PUD or for one or more stages thereof, together with the fee required in the city fee schedule.

The development stage plan shall refine, implement and be in substantial conformity with the approved concept plan.

A detailed plan shall be deemed not to be in substantial conformity with an approved concept plan if it:

Departs by more than ten percent from the maximum density established by the concept plan.

Decreases by more than five percent the area approved for public and common open space or changes the general location of such areas.

Relocates approved circulation elements to any extent that would decrease their functionability, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.

Significantly alters the arrangement of land uses within the PUD.

Departs from the concept plan in any other manner which the planning commission shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed PUD.

(3)

Review and action by city staff and planning commission.

Immediately upon receipt of a completed development stage plan, the plan shall be referred to the following city staff and/or official bodies for the indicated action:

The city attorney for legal review of all documents.

The city engineer for review of all engineering data for compliance with the requirements of this chapter and review of the city/developer agreement.

The city building official for review of all building plans for compliance with the requirements of this chapter, the state building code and any other applicable federal, state, or local codes.

The zoning administrator for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the concept plan and comprehensive plan.

The city planning commission for review and recommendation to the council.

When appropriate, as determined by the zoning administrator, to the park and recreation board for review and recommendations.

When appropriate, as determined by the zoning administrator, to other special review agencies such as the watershed districts, soil conservation services, highway departments, or other affected agencies.

All staff designated in subsections (b)(3)a.1 through 4 of this section shall submit their reports in writing to the planning commission and applicant.

(4)

Schedule.

The developer shall meet with the zoning administrator and city staff to discuss specific development plans.

The applicant shall file a development stage application within one year after concept plan approval or any extension granted by the council, together with all supporting data and a filing fee as set forth in the city fee schedule or the concept plan approval is null and void.

After verification by the staff that the required plan and supporting data are adequate, the planning commission shall itself review the reports and plans and submit its written report and recommendations to the council and applicant.

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed development.

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

The commission's report shall contain its findings with respect to the conformity of the development stage plan to the approved concept plan.

Should any changes be found to exist, the commission shall comment with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept plan and with respect to the compliance of the development stage plan with the provisions of this chapter and all other applicable federal, state and local codes and ordinances.

If the planning commission shall find substantial conformity with the concept plan and the commission shall further find the development stage plan to be in all other respects complete and in compliance with this chapter and other applicable federal, state and local codes and ordinances, it shall recommend approval of the plan. Otherwise, it shall recommend denial of approval.

If the planning commission fails to act within the time specified in this section, it shall be deemed to have recommended the plan for approval.

Within the time prescribed in subsection (d) of this section, the council shall either approve or deny the plan. If time permits, the council may resubmit the plan to the planning commission for further consideration of specified items.

The city administrator shall instruct the city attorney to draw up a PUD agreement which stipulates the specific terms and conditions approved by the city council and accepted by the applicant. This agreement shall be signed by the mayor, the city clerk and the applicant.

Where the development stage plan is to be resubmitted or denied approval, the council action shall be by written report setting forth the reasons for its action.

In all cases, a certified copy of the document evidencing council action shall be promptly delivered to the applicant by the zoning administrator.

(5)

Limitation on development stage plan approval. Unless development has commenced or an application for final plat has been filed within one year from the date the council grants development stage plan approval, or within two years from the date the council approves the corresponding final plat for the area designated in the development stage plan as the first stage or the entire boundary of the corresponding development stage area of the PUD, or in any case where the applicant fails to proceed with development in accordance with the provisions of this chapter, the approval, subject to the following, shall expire.

The zoning administrator shall place the applicant's request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing.

The council at its discretion may grant the extension, for not more than one year, for, when good cause shown, such extension is necessary.

Only one such extension may be made.

In any case where development plan approval expires, the council may forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PUD.

(6)

Site improvements. At any time following the approval of a development stage plan by the council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the city engineer may issue, grading permits for the area within the PUD for which development stage plan approval has been given.

(7)

Schedule. Upon approval of the development stage plan, the applicant shall file with the zoning administrator necessary applications, permits and agreements consistent with the development stage plan approval for construction and completion of the project.

(8)

Issuance of building permits and other permits. Except as otherwise expressly provided in this chapter, upon receiving notice from the zoning administrator that the approved development stage plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved development stage plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.

(9)

Inspections during development.

Following approval of a PUD, or a stage thereof, the zoning administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

If the zoning administrator finds that development fails in any respect to comply with the PUD plans as finally approved, the zoning administrator shall immediately notify the council. Within 30 days of such notice, the council shall either by ordinance revoke the PUD permit, 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 development stage plan as approved, or shall require the landowner or applicant to seek an amendment of the development stage plan.

(Code 1984, § 375:114(4); Code 2003, § 36-64; Ord. No. 04-09, § 3, 4-19-2004; Ord. No. 04-16, § 1, 7-19-2004; Ord. No. 07-17, § 1, 8-20-2007; Ord. No. 25-01, § 2, 3-17-2025)

Sec. 36-63. - Growth management plan; project point system.

(a)

Project point system. All applications, subject to this division with a residential component guided low-medium density residential, over ten acres in size and outside the gravel mining area, or guided medium density residential or high density residential, regardless of size, and outside of the gravel mining area, for development stage plan shall be assessed and reviewed simultaneously against the project points system, which is on file at city offices and is hereby made a part of this section. In such case, the applicant shall comply with all provisions of this chapter applicable to the application. The subject application shall be reviewed and assessment of points shall be completed by city staff and a written report shall be submitted to the planning commission and the city council for their consideration. The planning commission and the city council shall consider the application and shall grant or deny development stage plan approval in accordance with the provisions of section 36-62(b) and this section.

(b)

Submission requirements. In addition to the submission requirements of section 36-61, applicants must submit any information to satisfy the categories in the project point system and such other information as the planning commission, city staff or city council shall find necessary to allow a full consideration of the enter proposed PUD.

(c)

Utilization of specific categories. Only categories in the project point system that have the opportunity to be utilized and actually exist from the proposed PUD shall be considered in the assessment of the PUD under the project point system. Applicant must provide evidence sufficient to the city that a specific category should not be considered. Categories that are determined by the city not to have the opportunity to be utilized nor actually exist shall not be considered in the determination of points.

(d)

Minimum points required. A PUD subject to this section must achieve, at a minimum, 75 percent of the total points possible under the project point system. Any PUD not achieving the minimum percentage of points shall not be granted approval.

(Code 2003, § 36-65; Ord. No. 04-16, § 1, 7-19-2004; Ord. No. 05-08, § 1, 3-7-2005; Ord. No. 15-01, § 2, 1-5-2015)

Sec. 36-85. - Purpose.

This division is established to provide comprehensive procedures and standards designed to ensure city review procedure for developments (other than single-family detached dwellings, two-family dwellings, planned unit developments, and public trails, playlots, neighborhood parks, and playfields) seeking to locate or expand within the city. This procedure will provide the city with the opportunity to ensure a development's conformance with the city development regulations and to provide the city with a reasonable degree of discretion in determining the suitability of development proposal impacts upon the general welfare, public health, and safety. In making this determination, whether or not the site plan is to be approved, the city will consider all applicable development standards, the nature of the land and/or buildings, whether or not any use is already in existence and located on the same premises, or on any adjoining roads, and all other or further factors as the city shall deem prerequisites of consideration in determining the effect of the development on the general welfare, public health and safety. The site plan review procedure is also intended to ensure the development of capable and quality site systems in the areas of:

(1)

Utilities.

(2)

Transportation.

(3)

Site drainage.

(4)

Open spaces.

(5)

Site environment and landscaping.

(6)

Structure/lot area relationships.

(Code 1984, § 375:117(1); Code 2003, § 36-81)

Sec. 36-86. - General requirements.

(a)

Application for approval. An application for site plan approval must be filed with the city for all developments (except for single-family detached and two-family dwellings, development within a PUD, and public trails, playlots, neighborhood parks, and playfields) within the city. Such application shall be filed with the director of community development on an official application form and shall be accompanied by a nonrefundable fee and any surety, escrow, or deposit as provided for by the city council as set forth in the city fee schedule. Formal review and approval of the plans must be given by the city staff before any related site development can be pursued.

(b)

Ownership of property. An application for a site plan approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.

(c)

Consistency with comprehensive plan and zoning regulations. The proposed site plan shall be consistent with the city's comprehensive plan and this chapter.

(d)

Plan submission. Ten sets of all site plans and 8½-inch by 11-inch transparencies thereof shall be submitted to the community development department with all required information. The plan shall be considered as officially submitted only when all of the information and fee requirements are met.

(e)

Contents. All site plan submissions shall be drawn to a scale of one inch equals 50 feet or less (engineering scale only) and be produced in a fashion which ensures legibility and clarity. In addition to the full-scale plan, an additional reduction of the plan on an 8½-inch by 11-inch sheet shall be required as part of the submission. The site plan shall contain at least the following information, and all additional information as required by city staff:

(1)

General information.

The landowner's name, address and telephone number.

The applicant's name, address and telephone number, if different from the landowner, and the applicant's interest in the subject property.

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

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed site plan.

Date of plan preparation.

Dates and descriptions of all revisions.

North point indication.

The statement that construction shall be in accordance with the city's Standard Specifications for Utility and Street Construction, 1979.

(2)

Present surrounding area status.

The address and legal description of the subject property.

The existing zoning classification and present use of the subject property and all lands within 200 feet of the subject property.

A map depicting the existing development of the property and all land within 200 feet.

A plan showing the precise 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.

(3)

Present on-site status. All of the graphics should be the same scale to allow easy cross reference.

Contours at minimum two-foot intervals on and within 20 feet of the subject property.

Location, type, and extent of tree cover.

Sufficient spot elevations and/or contours to indicate changes in slope on and within 20 feet of the subject property. Elevations of the centerline and gutter line of existing streets at each proposed access must be shown.

Location and extent of water bodies, wetlands and streams, and floodplains within 300 feet of the subject property.

Significant rock outcroppings.

Existing drainage patterns.

Vistas and significant views.

Soil conditions as they affect development.

(4)

Utility plan. Plans indicating the location of water and sanitary sewer lateral and service locations. Also indicated shall be the size and type of pipe and all other information, such as hydrants and cleanouts, as may be required by the city engineer.

(5)

Property dimension plan. Plans showing property lines, dimensions, lot area, required yard setbacks, easements and rights-of-way of the property and any significant topographical or physical features of the property based upon a certified survey.

(6)

Structure information plan. Plans showing 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. Also provided shall be architectural plans showing building elevations and exterior wall finishes of proposed buildings.

(7)

Internal circulation plan. Plans showing the location, dimensions and number of driveways, entrances, fire lanes, concrete entrance aprons, curb cuts, concrete curbing and gutter, parking stalls, parking lot islands, loading spaces, access aisles, concrete sidewalks, and all other circulation elements of the site.

All site elements as listed in this subsection shall have noted on the plan a related cross section of element composition and construction design.

All material compositions, i.e., bituminous, gravel, concrete, sod, etc., shall be noted on the plan.

Spot elevations, including high points, corners of parking lots, and existing street elevations, shall also be shown on the plan.

(8)

Landscaping, screening and berming plan. Plans showing detailed locations, sketches, and provisions of existing and required landscaping, berming, and screening elements of the site.

All those related elements which will be removed shall be properly noted on the plan.

All plant screening and landscaping elements shall be broken out into types, sizes, and total numbers proposed in the plan.

All fences shall be shown and related elevations and cross sections provided.

(9)

Grading and drainage plans. Plans showing all existing and proposed site contours in no more than two-foot contours.

Also provided shall be detailed site drainage plans, including the detailing of the site's storm sewer system with catchbasins and invert elevations.

Casting types must be shown for all catchbasins.

(10)

Erosion control plan. Plans for site erosion control as required by the city engineer.

(11)

Lighting plan. Plans showing location, height, and candlepower of all luminaries on the site. All parking lot lighting standards located within the parking lot area must be located within parking lot islands.

(12)

Staging plan. If the project is to be constructed in several stages, all stages shall be clearly detailed out on the plan. This shall also include future expansion elements of a proposal.

(13)

Sign plan. Plans showing all proposed signage for the site in accordance with chapter 24.

(14)

Planned improvements summary. Calculation of the area, length, amount or other summary dimensions or inventory for each improvement contemplated pursuant to this subsection (e), which calculation shall be useful to the city planning department in determining the amount of the surety to be provided pursuant to section 36-88.

(Code 1984, § 375:117(2); Code 2003, § 36-82)

Sec. 36-87. - Procedure for review and approval.

(a)

Generally. Except as otherwise provided in this section, all plans for site development within the city as described in this chapter shall be subject to formal review and approval proceedings.

(1)

Upon submission of the site plan as specified in section 36-86 the city staff shall circulate the plan to all appropriate city, county, state, and federal agencies for their review and comment.

(2)

Upon receipt of all agency reviews, a meeting between the applicant and all involved reviewers to discuss any necessary plan amendments will be held. After the meeting, the applicant shall make any necessary revisions and submit a final site plan.

(b)

Final site plan.

(1)

Purpose. The final site plan is to serve as a complete, thorough, and permanent public record of the manner in which the subject site is to be developed. It shall incorporate all revisions and conditions resulting from the site plan review process.

(2)

Submission. Three copies of the final site plan shall be submitted to the director of community development for review and approval. Subsequent to receiving approval of the final plan, the applicant may apply for a building permit.

(3)

Preconstruction meeting. After a building permit has been applied for, and before issuance thereof, a preconstruction meeting shall be required to take place. It shall be the developer's responsibility to arrange the preconstruction meeting with the city staff. At this meeting, the building construction plans will be reviewed and compared with the approved final plan. If the building construction plans are not in substantial conformance with the final plan, the building construction plans shall be revised to achieve such conformance.

(4)

Limitation on final site plan approval. Within one year after the approval of a final site plan, or such shorter time as may be established by the approved development schedule, construction shall commence with the approved plan.

If, after one year from being granted site plan approval, the plan as permitted by the approval shall not have been initiated, then such approval shall be null and void.

A request for extension may be made within 30 days before such deadline and shall state facts showing a good faith attempt to complete or utilize the use permitted in the site plan approval.

The zoning administrator shall place the subdivider's request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing.

The council at its discretion may grant the extension, for not more than one year, for, when good cause shown, such extension is necessary.

Only one such extension may be made.

(Code 1984, § 375:117(3); Code 2003, § 36-83; Ord. No. 04-09, § 4, 4-19-2004)

Sec. 36-88. - Site improvement performance agreement and surety.

(a)

Upon approval of a final site plan and prior to the issuance of building permits or initiation of work on the proposed improvement or development, the developer shall execute a performance agreement setting out site improvement items and terms of completion of such items. The performance agreement and any surety required therein must be approved by the city attorney.

(b)

Any surety required by the performance agreement shall be noncancellable and shall guarantee conformance and compliance with the conditions of the site plan approval, the performance agreement and the ordinances of the city.

(c)

The city shall hold the surety for such period of time as set forth in the performance agreement.

(1)

The surety may only be released by the city council.

(2)

Periodically, the amount of the surety may be reduced by the city council.

(3)

Reduction and release actions will only be initiated after proper request has been made by the developer.

(d)

Failure to comply with the conditions of the site plan approval, the performance agreement or the ordinances of the city shall result in forfeiture of the surety to the extent necessary to achieve the project's total compliance with the approved site plan.

(Code 1984, § 375:117(4); Code 2003, § 36-84)

Sec. 36-89. - Issuance of building permits and other permits.

Except as otherwise expressly provided in this division, upon receiving notice from the director of community development that the final site plan has been approved and a properly executed performance agreement has been received, and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction, and other work in the area encompassed by the final site plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.

(Code 1984, § 375:117(5); Code 2003, § 36-85)

Sec. 36-107. - Procedure for review and approval.

(a)

Requests for comprehensive plan, zoning amendments, conditional use permits, or interim use permits as provided in this chapter, shall be filed with the zoning administrator on an official form prescribed by the city. In addition to the information required by the application form the following shall be provided:

(1)

Such application shall be accompanied by a nonrefundable fee and any surety, escrow, or deposit as provided for by the city council as set forth in the city fee schedule.

(2)

Such application shall also be accompanied by ten copies of detailed written and graphic materials fully explaining the proposed change, development, or use a site plan as required by section 36-9 and a list obtained from and certified by the county, of property owners located within 500 feet of the boundary of the subject property.

(3)

The request shall be placed on the agenda of a planning commission meeting occurring after the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with.

(b)

The zoning administrator, upon receipt of the application, shall set a public hearing with the required notice for the next available meeting of the planning commission.

(1)

The planning commission shall conduct the hearing and report its findings and make recommendations to the city council.

(2)

Notice of the hearing shall consist of the property identification number and street address or common description, a description of the request and a map detailing the property location and shall be published in the official newspaper at least ten days prior to the hearing, and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 500 feet of the boundary of the property in question.

(c)

Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.

(d)

After the public hearing has been set, the city administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action to the city council.

(e)

The planning commission shall consider possible adverse effects of the proposed amendment, conditional use, or interim use. Its judgment shall be based upon, but not be limited to, the following factors:

(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 official comprehensive land use plan, including, but not limited to, article VII, division 5 of this chapter.

(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 will not tend to or actually depreciate the area in which it is proposed.

(5)

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

(f)

(g)

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request.

(h)

The planning commission shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this chapter. Such recommendation shall be in writing and be accompanied by the report and recommendation of the city staff.

(i)

The city council shall not grant a conditional use permit, interim use permit or adopt an amendment to this chapter until it has received a report and recommendation from the planning commission and the city staff.

(j)

Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

(k)

Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make recorded findings of fact and may, in the case of a conditional use permit, impose any condition it considers necessary to protect the public health, safety and welfare.

(l)

If, upon receiving the reports and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final action of the city council will differ from the recommendation of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral.

(m)

Approval of a request.

(1)

Amendments shall require a majority vote of the city council, except that approval of a zoning map amendment changing land from a residential category to business or industrial shall require a two-thirds vote of all members of the city council.

(2)

Approval of conditional use permits, interim use permits and comprehensive plan amendments shall require a two-thirds vote of all members of the city council.

(n)

An amendment shall not become effective until such time as the city council approves an ordinance reflecting the amendment and after the ordinance is published in the official newspaper.

(o)

The zoning administrator shall notify the applicant in writing of the council's decision.

(p)

Whenever an application for an amendment, conditional use permit, or interim use permit has been considered and denied by the city council, a similar application for the amendment, conditional use permit, or interim use permit affecting substantially the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial, and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or city council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full city council.

(Code 1984, § 375:120(1); Code 2003, § 36-101; Ord. No. 03-21, § 1, 7-21-2003; Ord. No. 06-15, § 1, 5-15-2006)

Sec. 36-108. - Initiation of amendments.

The city council or planning commission may, upon their own motion, initiate a request to amend the text of this chapter or the district boundaries. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect such real estate.

(Code 1984, § 375:120(2); Code 2003, § 36-102)

Sec. 36-109. - Conditional use permits.

(a)

Purpose. The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

(b)

Required information. The information required for all conditional use permit applications shall generally consist of a site development plan which shall conform with the site plan review standards of article II, division 3 of this chapter.

(c)

Lapse of permit by nonuse.

(1)

Whenever, within one year after granting a conditional use permit, the use as permitted by the permit shall not have been completed or utilized, then such permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the city council.

(2)

Such extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition.

(3)

The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit.

(4)

Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision.

(d)

Site improvement performance agreement and surety.

(1)

Upon city council approval of a conditional use and prior to the issuance of building permits or initiation of work on the proposed improvement or development, the developer shall execute a performance agreement setting out site improvement items and terms of completion of such items. The performance agreement and any surety required therein must be approved by the city attorney.

(2)

(3)

The city shall hold the surety for such period of time as set forth in the performance agreement.

The surety may only be released by the city council.

Periodically, the amount of the surety may be reduced by the city council.

Reduction and release actions will only be initiated after proper request has been made by the developer.

(4)

Failure to comply with the conditions of the conditional use permit approval, the performance agreement or the ordinances of the city shall result in forfeiture of the surety to the extent necessary to achieve the project's total compliance with the conditional use permit.

(e)

Permitted conditional use. Where a present use lawfully existed on November 18, 1976, has continued uninterrupted since then, and is classified as a permitted conditional use by this chapter in the district in which the use is located, then a conditional use permit for such use shall be deemed to have been granted therefor.

(Code 1984, § 375:120(3); Code 2003, § 36-103)

Sec. 36-110. - Interim use permits.

(a)

Intent and purpose. Interim use permits may be issued, at the sole discretion of the city council, in instances where a conditional use permit may be issued and such permits are similar to a conditional use permit except they, as determined by the city council, represent a temporary use of the property and have a known termination date. All procedures established under this division for conditional use permits shall apply to interim use permits, except as follows in this section.

(b)

General requirements/findings. In addition to the requirements of a conditional use permit, the city council shall not issue an interim use permit until it finds that the following additional requirements have been met:

(1)

The use conforms to the zoning regulations;

(2)

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

(3)

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

(4)

The user agrees to any conditions that the city council deems appropriate for permission of the use.

(c)

Duration. An interim use permit shall remain in effect only until the agreed upon termination date.

(d)

Agreement/effect. The applicant/property owner shall enter into an agreement, drafted by the city, regarding the terms and conditions of the approved interim use permit. The interim use permit will not be in effect until such time that the agreement is executed and recorded with the county, and the city is provided with recording information.

(Code 2003, § 36-104; Ord. No. 06-15, § 1, 5-15-2006)

Sec. 36-134. - General provisions and standards.

(a)

Variances.

(1)

The city council serving as the board of adjustment and appeals shall, after receiving the written reports and recommendations of the planning commission and the city staff, make findings of fact and decide upon requests for a variance by approving or denying the variance, in part or in whole, where it is alleged by the applicant that a non-economic, practical difficulty in the reasonable use of a specific parcel of property exists.

(2)

In considering all requests for a variance, the planning commission and the city council serving as the board of adjustments and appeals shall make findings of fact that the proposed action complies with the requirements of Minn. Stats. § 462.357 which include, but are not limited to:

Variances shall only be permitted when they are in harmony with the general purpose and intent of this Code and consistent with the comprehensive plan.

Variances may only be permitted when the applicant establishes that there are practical difficulties in complying with this chapter, meaning the property owner proposes to use the lot or parcel in a reasonable manner not permitted by the zoning code.

The plight of the property owner must be due to circumstances that are unique to the lot or parcel and is not created by the property owner.

The variances must not alter the essential character of the locality.

(3)

Circumstances are unique under subsection (a)(2)c of this section to a lot or parcel for one of the following reasons:

Narrowness, shallowness or shape of a specific parcel of property or a lot existing and of record on September 30, 1976;

Exceptional topographic or water conditions of a specific parcel of land or lot; or

An existing significant tree or tree stand which would be affected by a structure other than a building. For purposes of this subsection, the term "significant tree or tree stand" means a tree having a diameter at breast height of at least 12 inches or a clustering of trees averaging eight inches in diameter, excluding tree diameters of four inches or less in such average calculations.

(4)

Not altering the essential character of the locality under subsection (a)(2)d of this section shall mean the proposed action will not, among other things:

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

Unreasonably increase the congestion in the public streets.

Increase the danger of fire or endanger the public safety.

Unreasonably diminish or impair established property values within the neighborhood, the character of the neighborhood, or in any way be contrary to the intent of this chapter.

(b)

Appeals from zoning decisions. The city council serving as the board of adjustment and appeals shall, after receiving the written report and recommendation of the planning commission and the city staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this chapter. However, such appeal shall be filed not later than 30 days after the applicant has received a written notice from the zoning administrator or the appeal shall be considered void. In considering requests for an appeal, the city council shall find that the requested action does not, among other things, alter the essential character of the locality as defined in subsection (a)(4) of this section.

(c)

Judicial appeals. A decision by the city council serving as the board of adjustment and appeals shall be the final decision by the city. A person aggrieved by such decision within the meaning of Minn. Stats. § 462.361 may pursue a judicial appeal of such final decision in a court of competent jurisdiction, provided such judicial appeal is filed within 30 days after the person receives actual notice of such final decision. Failure to file such an appeal within 30 days is an incurable jurisdictional defect, and such an appeal is void.

(Code 1984, § 375:123(1); Code 2003, § 36-121; Ord. No. 11-06, § 1, 7-18-2011; Ord. No. 20-03, § 1, 5-4-2020)

Sec. 36-135. - Procedure for review and approval.

(a)

Requests for a variance or appeal shall be filed with the zoning administrator on an official application form.

(1)

Such application shall be accompanied by a nonrefundable fee as established by the city council as set forth in the city fee schedule.

(2)

Such application shall also be accompanied by ten copies of detailed written and graphic materials necessary for the explanation of the request, and a list, obtained from and certified by the county, of property owners located within 350 feet of the boundary of the subject property.

(3)

The request shall be placed on the agenda of the first possible planning commission meeting occurring after ten days from the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with.

(b)

The zoning administrator, upon receipt of the application, shall instruct the city clerk to set a public hearing for the next regular meeting of the planning commission.

(1)

The planning commission shall conduct the hearing and report its findings and make recommendations to the city council.

(2)

Notice of the hearing shall consist of the property identification number and street address or common description, a description of the request and a map detailing the property location and shall be published in the official newspaper at least ten days prior the hearing, and written notification of the hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question.

(3)

Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.

(4)

(5)

(6)

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request.

(7)

The planning commission shall make findings of fact and decide to:

Recommend approval or approval with conditions that are directly related to and must bear a rough proportionality to the impact created by the variance; or

Recommend denial of the request.

The commission's recommendation and the city staff's report shall be presented to the city council serving as the board of adjustment and appeals at its next regular meeting.

(c)

After receiving the planning commission's and city staff's report and recommendation concerning a request for variance or an appeal, the city council serving as the board of adjustment and appeals shall have the option to set and hold a public hearing if deemed necessary on the request. If a hearing is set, notice of any such hearing shall be mailed not less than ten days before the hearing to all owners of property according to the county assessment records, within 350 feet of the boundary of the property to which the variance relates.

(1)

Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter.

(2)

The city council serving as the board of adjustment and appeals shall make findings of fact and shall decide whether to:

Approve or approve with conditions that are directly related to and must bear a rough proportionality to the impact created by the variance; or

Deny a request for a variance or an appeal promptly after the request is officially submitted.

(3)

A variance of this chapter or grant of an appeal shall be by four-fifths vote of the full city council serving as the board of adjustment and appeals.

(4)

The zoning administrator shall notify in writing the originator of the variance request or appeal of the decision of the city council, serving as the board of adjustment and appeals.

(d)

Whenever an application for variance has been considered and denied by the city council, a similar application for the variance affecting substantially the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial, and a subsequent application affecting substantially the same property shall, likewise, not be considered again by the planning commission or city council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full city council.

(Code 1984, § 375:123(2); Code 2003, § 36-122; Ord. No. 04-31, § 1, 12-20-2004; Ord. No. 11-06, § 1, 7-18-2011)

Sec. 36-136. - Lapse of variance or appeal.

(a)

Whenever, within one year after granting a variance or appeal, the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the city council.

(b)

Such extension shall be requested in writing and filed with the zoning administrator at least 30 days before the expiration of the original variance or appeal.

(c)

There shall be no charge for the filing of such petition.

(d)

The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal.

(e)

Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision.

(Code 1984, § 375:123(3); Code 2003, § 36-123; Ord. No. 11-06, § 1, 7-18-2011)

Sec. 36-156. - Required; exceptions.

No land shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the zoning administrator stating that the use of the land complies with all of the provisions of this chapter. The provisions of this section shall apply to and include, without limitation, any change in the use of any parcel of land or any structure, building, or portion thereof. Farms are exempt from the requirement of a certificate of occupancy.

(Code 1984, § 375:126(1); Code 2003, § 36-141)

Sec. 36-157. - Issuance.

A certificate of occupancy shall be applied for coincident with the application for a building permit, conditional use permit, and/or variance and shall be issued within ten days after the zoning administrator has found the use to be in compliance. The application shall be accompanied by a fee as established by the city council and set forth in the city fee schedule.

(Code 1984, § 375:126(2); Code 2003, § 36-142)