A planning commission of seven members is established and will constitute the planning agency of the city. Members of the planning commission must be residents of the city and will be appointed by the mayor and confirmed by the city council. Members will serve staggered terms of two years and may be removed by a vote of two-thirds of the full city council. Members will hold office until their successors are appointed and qualified, not to exceed an additional 90 days.

The planning commission shall have such powers and duties as may be conferred upon it by statute, charter or ordinance. The planning commission's actions shall be advisory to the city council except with regard to those matters in which its decisions are final but subject to appeal to the city council. In addition, the planning commission shall have the power:

a)   to hear requests and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this ordinance; and

b)   to hear applications for variances, expansion permits, and sign plan requests and to grant such requests only when it is demonstrated that the application meets the requirements of this ordinance.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

The planning commission shall elect from among its members such officers as it may deem appropriate. The planning commission may adopt bylaws or rules for the conduct of its business.

The city planner shall serve as liaison between the planning department and planning commission. The city planner shall prepare reports and information for the planning commission, attend its meetings and participate in hearings and discussions held by the commission but shall not vote on any item before the planning commission.

The planning commission shall make recommendations to the city council or decisions on items before it within a reasonable time or such time as shall be prescribed by statute, charter or ordinance. Failure by the planning commission to make a recommendation or decision within the required period shall be deemed to be a denial if the delay is appealed by the applicant. The planning commission may condition its recommendations or approval in order to effect the intent of this ordinance. The planning commission shall accompany its decision to deny an application with a statement of its findings regarding the matter. The planning commission shall serve a copy of any decision in which its action is final upon the applicant by mail.

a)   Any person aggrieved by a decision of the planning commission regarding an application on which the decision of the planning commission may be final may appeal such decision to the city council. The appeal shall be submitted in writing within 10 days of the date of the decision or the decisions stands. Upon appeal, the city council shall consider the request within 90 days unless an extended period is agreed with the appellant. The city council may reverse the decision of the planning commission by an affirmative vote of two-thirds of its full membership.

b)   A person aggrieved by a decision of the city planner or the city engineer that is made under the authority of this ordinance may appeal such decision to the planning commission. The appeal must be submitted in writing within 10 days of the date of the decision. A person aggrieved by a decision of the planning commission regarding such appeal may appeal the decision of the planning commission to the city council. The appeal must be submitted in writing within 10 days of the decision. The city council may reverse the decision of the planning commission by an affirmative vote of at least two-thirds of its full membership.

c)   In any matter in which the planning commission's decision is not final but is a recommendation to the city council, the city council may adopt, modify or reject the recommendation of the planning commission by vote of a simple majority of those present, unless otherwise required by this ordinance.

d)   A person aggrieved by a final city decision made under this chapter 3 may seek judicial review by filing an action with the Hennepin County District Court within 60 days after the date that the city provides written notice of the final decision to the applicant.

e)   Any applicant who obtains a building permit, starts construction, begins a use in reliance upon the decision of the planning commission, or any combination of those activities, prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the city the applicant will be notified of the appeal and informed as to the date of the city council meeting where it will be heard.

(Amended by Ord. No. 2012-07, adopted June 25, 2012, Ord. No. 2004-24, adopted August 23, 2004; amended by Ord. No. 2001-15, adopted May 21, 2001; amended by Ord. No. 2020-04, adopted April 20, 2020)