Mayer City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 152.010 VARIANCES.

(A) Intent and purpose. The purpose of this section is to provide for deviations from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter.

(B) Board of Appeals and Adjustments. The City Council of the City of Mayer shall act as the Board of Appeals and Adjustments for the city and shall have the powers granted under M.S. §§ 462.357, subd. 6, and 462.359, subd. 4, as they may be amended from time to time.

(C) Review criteria. The Board of Appeals and Adjustments shall not approve any variance request unless they find failure to grant the variance will result in practical difficulties. PRACTICAL DIFFICULTIES means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. 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. The following criteria must also be met:

(1) That the variance would be consistent with the comprehensive plan.

(2) That the variance would be in harmony with the general purposes and intent of this chapter.

(3) That the plight of the landowner is due to circumstances unique to the property not created by the landowner.

(4) That the purpose of the variance is not exclusively economic considerations.

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

(6) That the requested variance is the minimum action required to eliminate the practical difficulty.

(7) Variances may not be approved for any use that is not allowed under this chapter for property in the zone where the affected person’s land is located.

(D) Procedures. Pursuant to M.S. § 15.99, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1) Processing.

(a) Request for a variance or appeal shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a fee as established by City Council ordinance. This fee shall not be refunded. Unless modified by the City Administrator, such application shall also be accompanied by detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within 350 feet of the subject property obtained from and certified by an abstract company.

(b) The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:

1. A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section.

2. Supporting materials, as outlined in § 152.015(G) of this chapter, as determined by the City Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

(c) In cases when an application is judged to be incomplete, the City Administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within 15 business days from the date of submission.

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

(e) 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 Board of Appeals and Adjustments.

(f) 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. The information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(g) Unless excused by the Planning Commission Chair, the applicant or a representative thereof shall appear before the Planning Commission to answer questions concerning the proposed variance.

(h) The Planning Commission shall make findings of fact and recommend approval or denial of the request. The Planning Commission’s recommendation and the city staff’s report shall be presented to the Board of Appeals and Adjustments, and shall be entered in and made part of the permanent written record of the Board of Appeals and Adjustments meeting.

(i) The Board of Appeals and Adjustments shall not act upon the variance until the Planning Commission has held a public hearing on the request. The Board of Appeals and Adjustments shall act upon the request within 60 days from the date of submission, unless an extension has been provided, pursuant to M.S. § 15.99.

(j) Subject to limitations of M.S. § 15.99, if, upon receiving said reports and recommendations of the Planning Commission and city staff, the Board of Appeals and Adjustments finds that specific inconsistencies exist in the review process and thus the final determination of the Board of Appeals and Adjustments may differ from that of the Planning Commission, the Board of Appeals and Adjustments may, before taking final action, refer the matter back to the Planning Commission for further consideration. The Board of Appeals and Adjustments shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

(k) In granting any variance under the provisions of this section, the Board of Appeals and Adjustments shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare.

(l) The City Administrator shall serve a copy of the final order of the Board of Appeals and Adjustments upon the applicant by mail.

(2) All decisions made by the city regarding a variance shall be final, except that any aggrieved person shall have the right to appeal per § 152.011 of this chapter.

(3) Whenever an application for a variance has been considered and denied by the Board of Appeals and Adjustments, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or Board of Appeals and Adjustments 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 Board of Appeals and Adjustments for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by a four-fifths vote of the full Board of Appeals and Adjustments.

(E) Expiration. Unless the Board of Appeals and Adjustments specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the Board of Appeals and Adjustments, 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, including the renewal fee as established by City Council ordinance. The request for extension shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. On matters involving a major variance approval, should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the Board of Appeals and Adjustments for a decision.

(F) Certification of taxes paid. Prior to approving an application for a variance, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates.

(Ord. 251, passed 2-23-26)

§ 152.011 APPEALS.

(A) Board of Appeals and Adjustments. The City Council of the City of Mayer shall act as the Board of Appeals and Adjustments for the city and shall have the powers granted under M.S. §§ 462.357, subd. 6, and 462.359, subd. 4, as they may be amended from time to time.

(B) Applicability. An appeal shall only be applicable to an administrative order, requirement or interpretation of intent of provisions of this chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.

(C) Filing. An appeal from the action of an administrative officer of the city shall be filed by the property owner or their agent with the City Administrator within ten days after the making of the order, requirement, or interpretation being appealed.

(D) Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Appeals and Adjustments after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property.

(E) Procedure. The procedure for making an appeal shall be as follows:

(1) The property owner or their agent shall file with the City Administrator a notice of appeal stating the specific grounds upon which the appeal is made. The application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the City Administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within 15 business days of the date of submission.

(2) The City Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Appeals and Adjustments.

(3) Pursuant to M.S. § 15.99, the Board of Appeals and Adjustments shall make its decision by resolution within 60 days from the date on which a completed application is filed.

(4) The City Administrator shall serve a copy of the final order of the Board of Appeals and Adjustments upon the applicant by mail.

(5) All decisions made by the city regarding an appeal shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Carver County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.

(Ord. 251, passed 2-23-26)

§ 152.012 CONDITIONAL USE PERMITS (CUP).

(A) Intent and 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, 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) Procedures. Pursuant to M.S. § 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1) Request for conditional use permits, as provided within this section, shall be filed with the City Administrator on an official application form. Unless modified by the City Administrator, such application shall be accompanied by a fee as provided for by City Council ordinance. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the City Administrator shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within 15 business days from the date of submission.

(2) Upon receipt of said application, the City Clerk shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten days prior to the hearing. 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 section.

(4) 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.

(5) The Planning Commission shall consider possible effects of the proposed use with its judgment based upon, but not limited to, the following factors:

(a) 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 city comprehensive plan.

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

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

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

(6) 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. The information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(7) Unless excused by the Planning Commission chair, the applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed request.

(8) The Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this section. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the City Council meeting.

(9) The City Council shall not grant a conditional use permit until the Planning Commission has held a public hearing on the request. The City Council shall act upon the conditional use permit within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to M.S. § 15.99.

(10) Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

(11) Subject to limitations of M.S. § 15.99, if, upon receiving the report 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 recommendation of the City Council may differ from that 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. This procedure shall be followed only one time on a singular action.

(12) Approval of a request shall require passage by a majority vote of the City Council.

(13) All decisions made by the city regarding a conditional use permit shall be final, except that any aggrieved person shall have the right to appeal per § 152.011 of this chapter.

(14) Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional 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 a majority vote of the City Council.

(C) Information requirement. The information required for all conditional use permit applications shall be as specified in § 152.015(G) of this chapter.

(D) General performance standards. In reviewing applications for conditional use permits, the Planning Commission and the City Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following:

(1) The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided.

(2) The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with § 152.067 of this chapter.

(3) If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

(4) Adequate off-street parking and off-street loading shall be provided in compliance with §§ 152.067 and 152.068, both of this chapter.

(5) Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any “adjacent” residential use or district, and provided in compliance with § 152.68 of this chapter.

(6) Whenever a nonresidential use is adjacent to a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with §§ 152.055, 152.056 and 152.057, all of this chapter.

(7) General site screening and landscaping shall be provided in compliance with §§ 152.055, 152.056 and § 152.057, all of this chapter.

(8) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with § 152.030 of this chapter.

(9) Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with § 152.034 of this chapter.

(10) The site drainage system shall be subject to the review and approval of the City Engineer.

(11) The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

(12) Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with § 152.064 of this chapter.

(13) All signs and informational or visual communication devices shall be in compliance with § 152.071 of this chapter.

(14) The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.

(15) Any applicable business licenses mandated by this code are approved and obtained.

(16) The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.

(17) The use complies with all applicable performance standards of the zoning district in which it is located and where applicable.

(E) Annual review/revocation. The city may require the annual review of any conditional use permit to ensure that its conditions are being complied with. Failure to comply with any condition set forth in a conditional use permit shall constitute a violation of this section and shall be cause for the revocation of the conditional use permit. 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 this chapter, Mayer Code of Ordinances, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the City Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to division (B) above. The City Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.

(F) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the conditional use permit 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, including the renewal fee as established by City Council ordinance. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the City Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

(G) Permit modifications. Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the city. Requests for permit modifications shall be processed according to division (B) above and shall be subject to all requirements and standards of this chapter.

(H) Certification of taxes paid. Prior to approving an application for a conditional use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the conditional use permit application relates.

(Ord. 251, passed 2-23-26)

§ 152.013 INTERIM USE PERMITS (IUP).

(A) Intent and purpose. The purpose and intent of allowing interim uses is:

(1) To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction.

(2) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

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

(4) To allow a use that is presently judged to be acceptable by the City Council based on the characteristics and circumstances of the specific location, property, or use for which the interim use permit is proposed such that the use will be consistent with the comprehensive plan, complies with the requirements of this chapter, and is compatible with surrounding land uses, which may be effected as a result of any change to the nature of the interim use or existing uses and development in the area.

(B) Procedure. Uses defined as “interim uses” shall be processed according to the standards and procedures for a conditional use permit as established by § 152.012(B) of this chapter.

(1) Meet the standards of a conditional use permit set forth in § 152.012(B)(5) of this chapter.

(2) Conform to the applicable general performance standards of § 152.012(D) of this chapter.

(3) The use is allowed as an interim use in the respective zoning district.

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

(5) The use will not impose additional unreasonable costs on the public.

(6) The user agrees to any conditions that the City Council deems appropriate for permission of the use.

(D) Conditions. The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and objectives of the comprehensive plan.

(E) Annual review/revocation. The Planning Commission may require the annual review of any interim use permit to ensure that its conditions are being complied with. Failure to comply with any condition set forth in an interim use permit shall constitute a violation of this section and shall be cause for the revocation of the interim use permit. The Planning Commission may recommend, and the City Council may direct, the revocation of any interim use permit for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of this chapter, Mayer Code of Ordinances, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the City Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to § 152.012(B) of this chapter. The City Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.

(F) Termination. All interim use permits shall terminate on the happening of any of the following events, whichever first occurs:

(1) The termination date stated in the permit.

(2) A violation of the conditions under which the permit was issued.

(3) A change in the city’s zoning regulations that renders the use nonconforming.

(G) Certification of taxes paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the interim use permit application relates.

(H) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the interim use permit 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, including the renewal fee as established by City Council ordinance. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the City Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.

(Ord. 251, passed 2-23-26)

§ 152.014 AMENDMENT, TEXT & MAP (REZONING).

(A) The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. The procedural requirements of this chapter shall not apply to such proposed amendments except to the extent required by state statute. 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 the real estate.

(B) Procedure. Pursuant to M.S. § 15.99, an application for an amendment shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1) Request for text and map amendments to the zoning ordinance shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a fee as provided by City Council ordinance. The request shall be considered as being officially submitted when all the information requirements are complied with as determined by the City Administrator. In cases when an application is judged to be incomplete, the City Administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within 15 business days from the date of submission.

(2) Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the City Clerk, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request and a general description of the property location, and be published in the official newspaper at least ten days prior to the hearing. 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, if notification is required by state statute.

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

(5) The Planning Commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:

(a) 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 city comprehensive plan.

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

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

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

(6) 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. The information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to apply all necessary supportive information may be grounds for denial of the request.

(8) The Planning Commission shall, as appropriate, make findings of fact and shall recommend approval or denial of the request. Such recommendation shall be accompanied by the report and recommendation of the city staff.

(9) The City Council shall not act upon an amendment until the Planning Commission has held a public hearing on the request. The City Council shall act upon the amendment within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to M.S. § 15.99.

(10) Subject to limitations of M.S. § 15.99, 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 recommendation of the City Council may differ from that 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. This procedure shall be followed only one time on a singular action.

(11) Approval of an amendment shall require a majority vote of all members of the City Council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a two-thirds majority vote of all the members of the City Council.

(12) The amendment shall not become effective until such time as the City Council approves an ordinance reflecting the amendment.

(13) All decisions made by the city regarding an amendment shall be final, except that any aggrieved person shall have the right to appeal per § 152.011 of this chapter.

(14) Whenever an application for an amendment has been considered and denied by the City Council, a similar application for the amendment 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.

(C) Certification of taxes paid. Prior to approving an application for rezoning, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the rezoning application relates.

(Ord. 251, passed 2-23-26)

§ 152.015 SITE PLAN REVIEW.

(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 chapter.

(B) Exceptions to review. Except in those cases specifically cited within this chapter, the following shall be excepted from the foregoing requirements of this section:

(1) Agricultural uses and developments.

(2) Single-family detached dwellings.

(3) Two-family attached dwellings.

(1) Prior to the formulation of a site plan, applicants may present a sketch plan to the City Administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet and may include the following:

(a) The proposed site with reference to existing development, topography, and drainage conditions on adjacent properties, at least to within 200 feet.

(b) Natural features.

(d) Tentative access, circulation and street arrangements, both public and private.

(e) Amenities to be provided such as recreational areas, open space, walkways, landscaping, and the like.

(f) General location of parking areas.

(g) Proposed public sanitary sewer, water and storm drainage.

(h) Other items as may be deemed necessary by the City Administrator.

(2) Any opinions or comments provided to the applicant by the City Administrator in relation to the sketch plan shall be considered advisory only and shall not constitute a binding decision on the request.

(D) Procedure. Pursuant to M.S. § 15.99, 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 by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1) Filing of request. Request for site plan approval, as provided within this chapter, shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a fee as established by City Council ordinance. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the City Administrator, fully explaining the proposed change, development, or use. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the City Administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within 15 business days of the date of submission.

(2) Proof of ownership or authorization. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, and if needed, an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.

(3) Technical reports. The City Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

(4) Additional information. City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert assistance with the consent and at the expense of the applicant concerning operational factors. The information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(5) Meeting With City Administrator and/or staff. The applicant or a representative thereof shall meet with the City Administrator and/or city staff in order to present information and answer questions concerning the proposed requests.

(6) The Planning Commission shall consider possible effects of the proposed use with its judgment.

(7) 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. The information is to be declared necessary to establish in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(8) Unless excused by the Planning Commission chair, the applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed request.

(9) The Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this section. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the City Council meeting.

(12) Approval of a request shall require passage by a majority vote of the City Council.

(13) All decisions made by the city regarding a site plan review shall be final, except that any aggrieved person shall have the right to appeal per § 152.011 of this chapter.

(14) Whenever an application for a site plan review has been considered and denied by the City Council, a similar application for the site plan review 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 a majority vote of the City Council.

(E) Certification of taxes paid. Prior to approving an application for a site plan review, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the site plan review application relates.

(F) Evaluation criteria. The City Administrator shall evaluate the proposed site plan based upon compliance with the city comprehensive plan, provisions of this chapter, and other applicable sections of this code.

(G) Information requirement. The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived, modified or reduced by the City Administrator, if it is found that the absence of such information will not inhibit the city’s ability to evaluate the compliance of the proposed site plan application with the standards of this chapter and any other requirements of the code for the city.

(1) Site boundaries, buildings, structures and other improvements shall be identified on site with a current certificate of survey, prepared and signed by a Minnesota licensed land surveyor, depicting the following:

(a) Scale of plan (engineering scale only), at one inch equals fifty feet (1" = 50') or less.

(b) North point indication.

(d) Existing site improvements.

(e) All encroachments.

(f) Easements of record.

(g) Legal description of the property.

(h) Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property.

(2) A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

(a) Name and address of developer/owner.

(b) Name and address of architect/designer.

(d) Dates and description of all revisions.

(e) Name of project or development.

(f) All proposed improvements, including:

1. Required and proposed setbacks.

2. Location, setback and dimensions of all proposed buildings and structures.

3. Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.

4. Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

5. Location, number, and dimensions of proposed loading spaces.

6. Location, width, and setbacks of all curb cuts and driveways.

7. Vehicular circulation.

8. Sidewalks, walkways, trails.

9. Location and type of all proposed lighting, including details of all proposed fixtures.

10. Location of recreation and service areas.

11. Location of rooftop equipment and proposed screening.

12. Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

13. Location, sizing, and type of water and sewer system mains and proposed service connections.

(3) Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

(a) Existing contours at two-foot intervals (may be prepared by a Minnesota licensed surveyor).

(b) Proposed grade elevations at two-foot maximum intervals.

(d) Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

(e) Spot elevations (may be prepared by a Minnesota licensed surveyor).

(f) Proposed driveway grades.

(g) Surface water ponding and treatment areas.

(h) Erosion control measures.

(4) Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

(a) Planting schedule (table) containing:

1. Symbols.

2. Quantities.

3. Common names.

4. Botanical names.

5. Sizes of plant material.

6. Root specification (bare root, balled and burlapped, potted, and the like).

7. Special planting instructions.

(b) Location, type and size of all existing significant trees to be removed or preserved.

(d) Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

(e) Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

(f) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

(g) Delineation of both sodded and seeded areas with respective areas in square feet.

(h) Coverage plan for underground irrigation system, if any.

(i) Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

(j) Other existing or proposed conditions which could be expected to affect landscaping.

(5) Other plans and information as required by the City Administrator including, but not limited to:

(a) Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).

(b) “Typical” floor plan and “typical” room plan drawn to scale with a summary of square footage for each use or activity.

(d) Type, location and size (area and height) of all signs to be erected upon the property in question.

(e) Lighting plan.

(H) Plan modifications. An amended site plan involving major changes as determined by the City Administrator shall be applied for and administered as required for a new site plan.

(I) Lapse of approval.

(1) Unless otherwise specified by the City Administrator, 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 time extension in accordance with this section.

(2) In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the City Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

(3) The request for an extension of site plan approval shall be determined by the City Administrator within 15 days from the receipt of a complete request.

(J) Site improvement performance agreement and financial guarantee. Following the approval of the site plan required by this chapter and before issuance of a building permit, the applicant, as determined to be necessary by the City Administrator, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below:

(1) The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the City Attorney and shall define the required work and reflect the terms of this section as to the required guarantee for the performance of the work by the applicant.

(2) The required work includes, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields, structures or buildings, drainage systems, stormwater basins, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.

(3) A financial guarantee shall be submitted with the executed site performance agreement as provided herein:

(a) Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the City Administrator.

(b) The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the City Administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section.

(c) When any instrument submitted as a financial guarantee contains a provision for an automatic expiration date, after which the instrument may not be drawn upon, not withstanding, the status of the site performance agreement or of the required work, the expiration date shall be October 31; further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least 60 days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 30 days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the City Administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least 30 days prior to the expiration. The term of any extension shall be approved by the City Administrator. Upon receipt of an acceptable substitute financial guarantee, the City Administrator may release the original guarantee.

(d) The amount of the financial guarantee shall be established by the City Administrator based upon an itemized estimate of the cost of all required work as provided by the applicant. A cash escrow or irrevocable letter of credit shall be in the amount of 125% of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the City Administrator.

(e) At the option of the city, the applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work. All trees shall be warranted to be alive, of good quality, and disease-free for 12 months from the time of planting. Any subsequent replacement shall be warranted for 12 months from the time of planting.

(4) The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant, are in compliance with city requirements, and are approved by the city, the City Administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one WINTER SEASON which is defined for the purpose of this section as the period October 31 through April 30.

(5) The applicant shall notify the City Administrator in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the City Administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the City Administrator.

(K) Building codes. The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the site plan review process established under this section. The site plan approval process does not imply compliance with the requirements of these building and fire codes.

(L) Plan agreements. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the City Administrator for review and approval.

(M) Plan referral. The City Administrator shall have the authority to refer a sketch plan or site plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the City Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.

(Ord. 251, passed 2-23-26)

§ 152.016 ADMINISTRATIVE PERMITS.

(A) Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit (also referred to as a zoning permit), and of matters requiring the approval of the City Administrator with the goal of protecting the health, safety, and welfare of the citizens of the city.

(B) Administrative permits.

(1) Procedure.

(a) Application for an administrative permit shall be filed by the property owner or designated agent with the City Administrator on forms to be provided by the city.

(b) The application shall be accompanied by a fee as established by City Council ordinance. Applications for amending administrative permits shall be accompanied by a fee as established by City Council ordinance.

(c) The City Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this chapter. In cases where the application is judged to be incomplete, the City Administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within 15 business days of the date of submission.

(d) The City Administrator’s review shall be based upon the following factors:

1. Compliance with and effect upon the comprehensive plan and public facilities plans.

2. The establishment, maintenance or operation of the use, event or activity will not be detrimental to or endanger the public health, safety, or welfare.

3. The establishment of the use, event or activity will not conflict with existing uses and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

4. Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event or activity which is proposed.

5. The use, event or activity shall, in all other respects, conform to the applicable regulations of the district in which it is located and to the performance standards as outlined in § 152.012(D) of this chapter and all other applicable provisions of this chapter.

(e) The City Administrator shall make a determination on approval or denial of the administrative permit within 60 days from the date of submission of a complete application.

(f) A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this chapter shall be attached to the permit.

(g) Determination of noncompliance with applicable codes, ordinances, and the standards in this section shall be communicated to the applicant in writing and the application for the permit shall be considered denied.

(h) Unresolved disputes as to administrative application of the requirements of this section shall be subject to appeal as defined by § 152.011 of this chapter.

(2) Information requirement. The information required for all administrative permit applications shall include:

(a) A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for trash containment, provisions for on-site parking, and other pertinent information required by the City Administrator to fully evaluate the application.

(b) A copy of the approved site plan for the property or an “as built” survey which accurately represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs.

(c) An accurate floor plan, when in the judgment of the City Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits.

(d) Information identified in § 152.015(G) of this chapter, as may be applicable.

(3) Performance standards. All structures, uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such structure, use, event or activity is proposed, as well as the applicable standards in § 152.012(D) of this chapter.

(4) Administration and enforcement.

(a) The City Administrator shall keep a record of applications and administrative permits.

(b) A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the City Administrator.

(c) Enforcement of the provisions of this section shall be in accordance with § 152.017 of this chapter. Violation of an issued permit or of the provisions of this chapter also shall be grounds for denial of future permit applications.

(5) Certification of taxes paid. Prior to approving an application for an administrative permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the administrative permit application relates.

(6) Non-permit approvals. In cases where the City Administrator is given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in § 152.012(D) of this chapter.

(1) Unless otherwise specified by the City Administrator, an administrative permit approval and non-permit approvals of the City Administrator 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 administrative permit. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.

(2) In making its determination on whether an applicant has made a good faith attempt to utilize the administrative permit approval, the City Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

(3) The request for an extension of an administrative permit approval shall be determined by the City Administrator within 15 days from the receipt of a complete request.

(Ord. 251, passed 2-23-26)

§ 152.017 GENERAL ADMINISTRATION.

(A) Fees, charges and expenses.

(1) Fees and charges, as well as expenses incurred by the city for engineering, planning, attorney, and other services related to the processing of applications required by this chapter, as well as for public hearings, special meetings, or other such City Council or Planning Commission actions as are necessary to process applications, shall be determined annually by the City Council through the city fee schedule.

(2) Escrow. An escrow deposit required for the processing of applications required by this chapter shall be used for payment of all costs incurred for city in the processing of an application required by this chapter.

(a) All costs incurred for city staff and consultants directly related to processing of an application required by this chapter including preparation of reports or studies, attendance at staff or public meetings, and any other expenses incurred with processing of an application.

(b) The property owner shall reimburse the escrow account for any deficits caused if the amount actually expended by or billed to the city exceeds the fund balance.

(c) The city shall refund any amount deposited in the escrow account not expended within 90 calendar days after final action on the application.

(3) Fees, charges, and estimated expenses for the processing of a development application required by this chapter shall be collected prior to city action on any application. The fees shall be deposited in city accounts. The applicant shall not be paid interest on the fees required by this chapter.

(4) All fees and expenses incurred by the city are to be paid whether the application is approved or denied.

(5) The owner of the property subject to the application required by this chapter shall be responsible for all costs incurred by the city in processing the application and enforcing the terms of any agreements relating to the application in accordance with M.S. § 462.353, subd. 4a.

(6) Unpaid expenses.

(a) All unpaid expenses incurred by the city under the Mayer Code of Ordinances not covered by the escrow will be charged against the property subject to the application and will be the responsibility of the property owner pursuant to M.S. § 462.353.

(b) The property owner shall be invoiced for the city’s costs to where property tax statements are sent by the county to be paid within 30 days of the date of the invoice.

(c) Should the property owner not reimburse the city as required by this section, the city shall be authorized to take any action authorized by law to recover the costs and fees, including recording a lien against real estate that is the subject of the application pursuant to M.S. § 514.67, for any of the aforementioned unpaid fees and services.

(B) Enforcement. This chapter shall be administered and enforced by the City Administrator or designee. The City Administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance. The City Administrator’s duties shall include, but not be limited to, the following:

(1) Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this chapter.

(2) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it.

(3) Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints.

(4) Maintain permanent and current records of the zoning ordinance, including all maps, amendments, conditional uses and variances.

(5) Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property.

(6) Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustments and Appeals.

(7) Receive, file and forward as applicable to the Board of Zoning Adjustments and Appeals, Planning Commission, or City Council all applications for conditional use permits, variances, interim use permits, administrative permits, amendments or site plans as required herein.

(C) Penalty. Any person violates any of the provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 251, passed 2-23-26)