(a)

Purpose. The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this article. Site plan reviews are generally for nonresidential developments but shall be required for all commercial, industrial, and mixed-use developments prior to building permit submittal.

(b)

Preapplication meeting. Prior to the formulation of a site plan, potential applicants may present a sketch to the City Administrator or Planner prior to filing of a formal application. The City Planner shall review the sketch and provide informal comments and direction for the application submittal.

(c)

Application requirements. A site plan application shall be filed with the City Administrator or Planner on an official application form. The application shall be accompanied by a fee established by resolution by the City Council. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Planner, fully describing the proposed site plan and improvements, together with a set of mailing labels of all property owners located within 350 feet of the site in a format prescribed by the City Planner. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

(d)

Staff analysis. Upon receiving a complete application, as determined by staff review, the City Planner shall refer copies of the request to the City staff and other applicable public agencies as needed in order to receive written comments. The City Planner shall instruct the appropriate staff person to:

(1)

Coordinate an analysis of the application;

(2)

Prepare technical reports; and

(3)

Assist in preparing a recommendation to the Planning Commission and City Council.

(e)

Public hearing notice. Upon completion of staff's analysis of the application, the City Administrator, when appropriate, shall set a public hearing date for an upcoming Planning Commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the City's official newspaper at least ten days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within 350 feet of the site at least ten days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.

(f)

Approval procedure and conditions. Pursuant to state statutes, an application for site plan approval shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. Additional City requirements are as provided in this section.

(g)

Planning Commission consideration. The Planning Commission shall consider the request for a site plan and hold a public hearing. The applicant or representatives thereof may appear before the Planning Commission to present information and answer questions concerning the proposed development. The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the purpose of this article. The recommendations shall be in writing and accompanied by the report and recommendation of the City staff.

(h)

City Council consideration. The City Council shall consider the site plan and recommendations of the Planning Commission and staff. The Council shall have the option of receiving additional testimony on the matter if they so choose. The Council shall either approve or deny the application; approval of a site shall require passage by a majority vote of the entire City Council. The Council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the City. If a site plan is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant.

(i)

Evaluation criteria. The Planning Commission and City Council shall evaluate the effects of the proposed site plan. This review shall be based upon, but not be limited to, compliance with the City comprehensive plan and provisions of this article (design guidelines and City engineering requirements).

(j)

Drawings; general requirements.

(1)

Drawings must include a title, and north point indication, the name and address of the applicant, name and address of the designer of the drawing and signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the City Planner, fully explaining the purpose of the proposal, and including any proposed development and use.

(2)

Drawings; existing and proposed conditions. The application form shall be accompanied by drawings and information indicating all of the following unless waived by the City Administrator or Planner:

a.

An accurate certified survey of the proposed development, current within one year, showing existing and proposed conditions and providing the current legal descriptions of all parcels within the proposed development;

b.

Floodplain and shoreland district boundaries within the proposed development;

c.

Gross acreage and net acreage of the proposed development, computed to one-tenth of an acre and the land use and zoning district;

d.

Location, width, and name of all existing streets, public ways, parks, and other public lands (including permanent structures), railroads, utility rights-of-way, corporate lines, and easements within the proposed development and to a distance of 100 feet beyond the boundary lines of the development;

e.

Location and size of all existing buildings, as well as all sewers, water mains, culverts, and other underground facilities (public and private), within the proposed development, and to a distance of 100 feet beyond the boundary lines of the development. Data such as grades, rim, and invert elevations, locations of catchbasins, manholes, and fire hydrants shall also be provided;

f.

Watercourses, wetlands, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features within the proposed development, and to a distance of 100 feet beyond the boundary lines of the development;

g.

Boundary lines and ownership of all adjoining land within 100 feet;

h.

Tree inventory indicating the location, size, and species of all trees having six or greater caliper inches in diameter and located within the proposed development, and to a distance of 25 feet beyond the boundary lines of the development. The inventory shall also include a tabular listing of all such trees and the total number and caliper inches to be saved and removed;

i.

Soil borings and percolation tests, as may be required by the Building Official or City Engineer;

j.

Layout of all proposed streets, including those required in accordance with the City's comprehensive plan, showing right-of-way widths, pavement widths, centerline gradients, typical cross sections, street drainage systems, and proposed street names;

k.

Location and width of all proposed sidewalks, trails, pedestrian ways, and fire lanes;

l.

Location, dimensions, and purpose of all easements;

m.

Minimum building setback lines;

n.

Grading, erosion control, and drainage plan for the proposed development showing all of the following:

1.

Existing and proposed topography in two-foot contour intervals and extending 100 feet beyond the borders of the proposed plat;

2.

The location of all existing natural features on the tract, including, but not limited to, tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, and the like;

3.

The location of all existing and proposed storm sewer facilities including pipes, manholes, catchbasins, ponds, swales, and drainage channels within 100 feet of the proposed plat;

4.

The proposed stormwater improvements such as pipe type and size, pipe grades, rim, invert elevations, and normal high-water elevations;

5.

The flood elevations and locations if the plat is located within, or adjacent to, a 100-year floodplain;

6.

The spot elevations at drainage break points and directional arrows indicating site and swale drainage, locations, grades, and rim invert elevations of all storm sewer facilities, including ponds proposed to serve the plat;

7.

The locations and elevations of all street high and low points, as well as the location of all easements, including oversize or non-typical easements;

8.

An erosion control plan including SWPPP, if required; and

9.

The wetland delineation and mitigation at a 2:1 ratio if proposed;

o.

Utility plan showing the location, dimensions, and purpose of all easements as well as the location, type, size, grades, rim, and invert elevations of existing and proposed sanitary sewer, storm sewer, water mains, culverts, catchbasins, manholes, hydrants, and other similar facilities;

p.

Landscaping plan showing the tree inventory and new plantings, berms, fences, walls, sidewalks, trails, and any subdivision signage;

q.

Lighting plan showing all exterior lighting for the development, location of all exterior lighting by type and description, including, but not limited to, catalog cut sheets by manufacturers and drawings, photometric data, such as that furnished by manufacturers showing the angle of cutoff or light emissions. Photometric data need not be submitted when the shielding of a fixture is obvious to the City Planner;

r.

Elevation plan with an architectural scale showing the height in elevation of the building, material types, and colors and location of rooftop equipment and proposed screening;

s.

Provisions for storage and disposal of waste and recyclables in a three-sided enclosed structure of like materials of the main structure; and

t.

Sign plan showing all wall, freestanding, directional, and other signs to be erected upon the property, including the elevation, size, and materials to be used.

(k)

Lapse of approval. Unless otherwise specified by the City Administrator or City Council, as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition, or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for a time extension to be approved by the City Council.

(l)

Site improvement performance and guarantee. Final development plans shall be accompanied by a financial guarantee for the improvements in a form acceptable to the City. The City shall review the final development plans and determine the value of the improvements and complete a development agreement.

(Code 1980, § 17.01; Code 2015, § 153.045; Ord. No. 215, 7-23-2007)

(a)

Purpose. The purpose of this section is to provide for deviations from the literal provisions of this article in instances where their strict enforcement would cause undue practical difficulties because of circumstances unique to the individual property under consideration. The Board of Adjustment shall be the City Council and shall act upon all questions as they may arise in the administration of this article. The Board of Adjustment shall have power to vary or adapt the strict application of any of the requirements of this article.

(b)

Preapplication meeting. Prior to the submission of a variance or appeal for consideration by the Planning Commission, the applicant shall meet with the City Administrator, Planner, and other staff as necessary to introduce themself and learn what shall be expected for the application and process.

(c)

Staff analysis. Upon receiving a complete application, as determined by the City Administrator, copies of the variance or appeal and all related documents shall be submitted to City staff and other applicable public agencies as needed. The City Administrator shall instruct the appropriate staff person to:

(1)

Coordinate an analysis of the application;

(2)

Prepare technical reports; and

(3)

Assist in preparing a recommendation to the Planning Commission and City Council.

(d)

Notice. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the City's official newspaper at least ten days prior to the hearing. Written notice of the application shall be sent by the City Administrator to all adjoining property owners within 350 feet of the boundary of the property in question. The notice shall be mailed not less than ten days prior to review of the variance or appeal and shall contain a description of the application and the legal description of the property. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate subsequent approval of the variance or appeal.

(e)

Application requirements. A variance and/or appeal application shall be filed with the City Administrator on an official application form provided by the City. The following 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. The application shall be accompanied by a fee established by resolution by the City Council. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Administrator, fully describing the proposed request. For variances requiring site improvements of any kind, a full set of plans following section 10-479 shall be submitted as part of the review process. The applicant shall also submit a set of mailing labels of all property owners located within 350 feet of the site in a format prescribed by the Administrator. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

(f)

Planning Commission consideration. The Planning Commission shall consider the request for a variance or appeal and hold a public hearing. The applicant or representatives thereof may appear before the Planning Commission to present information and answer questions concerning the proposal. The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the purpose of this article. Such recommendations shall be in writing and accompanied by the report and recommendation of the City staff. The Planning Commission shall also have the authority to request additional information from the applicant in order to provide for a thorough review and recommendation to the City Council.

(g)

City Council consideration. The City Council shall consider the variance or appeal and recommendations of the Planning Commission and staff. The Council shall have the option of receiving additional testimony on the matter if they so choose. The Council shall either approve or deny the application; and approval of a variance or appeal shall require passage by a majority vote of the entire City Council. The Council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the City. If a variance or appeal is denied by the City Council, the reasons for the action shall be recorded in the Council proceedings and transmitted to the applicant.

(h)

Approval procedure and conditions. Pursuant to state statutes, an application for a variance or appeal shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant.

(i)

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 on 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.

(j)

Review criteria.

(1)

Variances shall only be permitted when they are in harmony with the general purposes and intent of this article and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this article.

(2)

Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this article; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality.

(3)

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

(4)

Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06 when in harmony with this article.

(5)

The City Council may not permit as a variance any use that is not allowed under this article for property in the zone where the affected person's land is located. The City Council, as the case may be, may permit as a variance for the temporary use of a one-family dwelling as a two-family dwelling.

(6)

The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(k)

Variance expiration. Unless the Board specifically approves a different time when action is officially taken on the request, variance approvals which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the Board, unless the applicant commences the authorized use or improvement within one year of the date the variance is issued; or unless, before the expiration of the one-year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. The request for extension shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance.

(Code 2015, § 153.110; Ord. No. 215, 7-23-2007; Ord. No. 256, 9-26-2011)

(a)

Purpose. The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this article. Any person, firm, or corporation or their expressed agent owning real estate within the City may initiate a request to amend the district boundaries and/or text of this article so as to affect the real estate.

(b)

Preapplication meeting. Prior to the submission of a text amendment or map rezoning for consideration by the Planning Commission, the applicant shall meet with the City Administrator and Planner to discuss the proposal and expectations for the application and process.

(c)

Application requirements. A text amendment or map rezoning application shall be filed with the City Administrator or Planner on an official application form. The application shall be accompanied by a fee established by resolution by the City Council. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the City Planner, fully describing the amendment, together with a set of mailing labels of all property owners located within 350 feet of the site in a format prescribed by the City Planner. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

(d)

Staff analysis. Upon receiving a complete application, as determined by staff review, the City Planner shall refer copies of the request to the City staff and other applicable public agencies as needed in order to receive written comments. The City Planner shall instruct the appropriate staff person to:

(1)

Coordinate an analysis of the application;

(2)

Prepare technical reports; and

(3)

Assist in preparing a recommendation to the Planning Commission and City Council.

(e)

Approval procedure and conditions. Pursuant to state statutes, an application for a rezoning shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting the amendment.

(f)

Public hearing notice. Upon completion of staff's analysis of the application, the City Administrator, when appropriate, shall set a public hearing date for an upcoming Planning Commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the City's official newspaper at least ten days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within 350 feet of the site at least ten days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.

(g)

Planning Commission consideration. The Planning Commission shall consider the request for text amendment or map rezoning and hold a public hearing. The Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not 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 City comprehensive plan, including public facilities and capital improvement plans;

(2)

The proposed action meets the purpose and intent of this article, or in the case of a map amendment, it meets the purpose and intent of the individual district;

(3)

There is adequate infrastructure available to serve the proposed action; and

(4)

There is an adequate buffer or transition provided between potentially incompatible districts.

(h)

City Council consideration. The City Council shall consider the text amendment or map rezoning and recommendations of the Planning Commission and staff. The Council shall have the option of receiving additional testimony on the matter if they so choose. The Council shall either approve or deny the application, for which approval shall require passage by a two-thirds vote of the full City Council. Approval of a comprehensive plan amendment shall require passage by a majority vote of the full Council. If the amendment is denied by the City Council, the reasons for the action shall be recorded in the Council proceedings and transmitted to the applicant.

(Code 2015, § 153.125; Ord. No. 215, 7-23-2007)

(a)

Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.

(b)

Preapplication meeting. Prior to the submission of a conditional use permit for consideration by the Planning Commission, the applicant shall meet with the City Administrator and Planner as necessary to explain the application and obtain the necessary requirements.

(c)

Staff analysis. Upon receiving a complete application, as determined by the City Planner, copies of the conditional use permit and all related documents shall be submitted to City staff and other applicable public agencies as needed. The City Planner shall instruct the appropriate staff person to:

(1)

Coordinate an analysis of the application;

(2)

Prepare technical reports; and

(3)

Assist in preparing a recommendation to the Planning Commission and City Council.

(d)

Notice. Written notice of the application shall be sent by the City Administrator to all adjoining property owners within 350 feet of the boundary of the property in question. The notice shall be mailed not less than ten days prior to approval of the minor subdivision, and shall contain a description of the application and the legal description of the property. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the City's official newspaper at least ten days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate subsequent approval of the conditional use permit.

(e)

Application requirements. A request for a conditional use permit shall be filed with the City Administrator or Planner on an official application form. The application shall be accompanied by a fee established by resolution by the City Council. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the City Planner, fully explaining the purpose of the proposal, and including any proposed development. For conditional use permits requiring site improvements of any kind, a full set of plans following section 10-479 shall be submitted as part of the review process. The applicant shall also submit a set of mailing labels of all property owners located within 350 feet of the site in a format prescribed by the Planner. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.

(f)

Conditional use permit criteria. The Planning Commission shall review the conditional use permit for its conformance with this Code and shall not recommend approval unless all the following conditions are met:

(1)

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;

(2)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area;

(3)

That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;

(4)

That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;

(5)

That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result;

(6)

That proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use; and

(7)

That the proposed use is in compliance with this article and the comprehensive plan of the City.

(g)

Planning Commission consideration. The Planning Commission shall consider the request for a conditional use permit and hold a public hearing. The Planning Commission shall consider possible adverse effects of the proposed conditional use following the review criteria outlined in this section and create findings of fact based on its review of the conditional use.

(h)

City Council consideration. The City Council shall consider the conditional use and recommendations of the Planning Commission and staff. The Council shall have the option of receiving additional testimony on the matter if they so choose. The Council shall either approve or deny the application, for which approval shall require passage by a majority vote of the full City Council. If the conditional use is denied by the City Council, the reasons for the action shall be recorded in the Council proceedings and transmitted to the applicant.

(i)

Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of City codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the City Administrator shall notify the responsible person to whom the permit was issued that they have an opportunity to show cause why the permit should not be revoked. The City Administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the Planning Commission and City Council. A revocation shall follow the same process as the conditional use permit, pursuant to state statutes.

(j)

Amendment. Holders of a conditional use permit may propose amendments to the permit at any time. No significant changes in the circumstances or scope of the permitted use shall be undertaken without approval of those amendments by the City. The City Administrator or Planner shall determine what constitutes significant change. Significant changes include, but are not limited to:

(1)

Hours of operation;

(2)

Number of employees;

(3)

Expansion of structures and/or premises;

(4)

Different and/or additional signage;

(5)

Operational modifications resulting in increased external activities; and

(6)

Any other public, health, and safety issue, and traffic, and the like.

(k)

Site improvement performance and guarantee. For conditional use permits that require a formal site plan, review, site amenity, and development requirements shall be required for review and approval. The City Council shall determine if a financial guarantee is needed for the final improvements related to the conditional use.

(Code 2015, § 153.140; Ord. No. 215, 7-23-2007; Ord. No. 298, § 1, 11-26-2018)