(a)

Development application procedures. Certain applications of the zoning code require study and action by the city council, the planning commission, city manager, city staff, the applicant, and various experts, in varying combinations dependent upon the nature of the nonstandard use or proposed use or change. These include proposed conditional use permits, variances, site plan reviews, zoning code text or map amendments, and appeals on zoning questions.

(b)

Decisional process. The city council acting as the board of adjustments and appeals under Minn. Stat. §§ 462.354, 462.357 (6), 462.359 (4) and 15.99 shall make the decisions within the legislative and executive framework of the city on applicable development applications.

(c)

Application procedure. Pursuant to Minn. Stat. 15.99, a zoning application for a zoning text or map amendment, conditional use permit, variance and/or site plan review shall be processed in accordance with the following procedure:

(1)

Planning commission. All zoning applications shall first be presented to the planning commission, together with appropriate comment and recommendations from the city manager or designated representatives.

(2)

Application. Applications shall be filed with the zoning administrator or any staff persons designated by the city manager on an official application form of the city, accompanied by a fee as set forth in the city's fee schedule. The application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use. The number of copies to be provided and any additional data shall be determined by the city manager. Applications must be complete before they are accepted. A complete application must include the following information:

a.

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

b.

All supporting information required by this Code and/or outlined in section 4-35 of this Code and application documents included with the city application forms;

c.

Payment of all fees associated with the applicable application(s);

d.

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

e.

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

(3)

Further data. The council, planning commission and city staff may request additional information from the applicant concerning the application or may retain expert opinions at the expense of the city, or may require as a condition of proceeding with its consideration of any matter, that the applicant furnish expert opinion and data at the expense of the applicant.

(4)

City manager's report. The application shall be processed under the direction of the city manager for a report and recommendation and initially presented to the planning commission. A preliminary draft of the city manager's report with comments and/or recommendations and such applicant furnished supporting data as the city manager deems necessary or desirable shall be given to the planning commission prior to the meeting at which said report and recommendations are to be presented. The final report and/or recommendations of the city manager are to be entered in and made part of the permanent written record of the planning commission, and forwarded to the council.

(5)

Notice of hearing. For applications involving zoning amendments, conditional use permits, and variances, the city manager shall set a date for a public hearing. Notice of such hearing shall be published in conformance with chapter 1 of this Code and individual notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the records available to the city within 500 feet of each parcel included in the request, as provided in chapter 1 of this Code. Notice of such hearing shall also be in the form of a land use petition sign which shall be posted not less than ten days or more than 30 days prior to the hearing as provided in chapter 1.

(6)

Notice not received. Failure of the city to send, or a property owner to receive notice shall not invalidate any proceedings under this Code.

(7)

Hearing. After receipt of the report of the city manager, the planning commission shall consider the application at its next regular meeting unless the filing date of the application falls within 15 days of said meeting, in which case the application shall be placed on the agenda and considered at the regular meeting following the next regular meeting.

(8)

Presentation of application. The applicant or a representative of the applicant shall appear before the planning commission in order to present the case for the application and to answer questions concerning the request. Failure of the proponent to appear at either the planning commission or council consideration of the matter shall constitute grounds for rejection of the application. The planning commission and the council may each require sworn testimony and a verified transcription of the proceedings at the expense of the city. The applicant shall have the same privilege of presenting sworn testimony and may provide for a transcript of the proceedings at the expense of the applicant.

(9)

Recommendations of planning commission. The planning commission shall recommend such actions or conditions relating to the application as deemed necessary or desirable to carry out the intent and purpose of this Code and the comprehensive plan. Such recommendation shall be either in the minutes or by written resolution, and accompanied by the report and recommendation of the city manager, and forwarded to the city council.

(10)

Record before council. The city manager shall place the report and recommendations of the planning commission and the city manager, on the agenda for the next regular council meeting after planning commission action, or the expiration of 60 days after the first consideration by the commission, whichever is earlier. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

(11)

Council review. The city council shall act upon an application after it has received the report and recommendation from the planning commission and the city staff. A response shall be provided within 60 days from the date a completed application is submitted for consideration. As required by Minn. Stat. § 15.99, the city council may request a 60-day extension if necessary to provide adequate time for public hearings and appropriate design and environmental review. If, upon receiving the reports and recommendations of the planning commission and city manager, the city council desires further consideration, or finds that inconsistencies exist in the review process, data submitted or recommended action, the city council may, before taking final action, refer the matter back to the planning commission with a statement detailing the reasons for referral. This procedure shall be followed only one time on an application, except for a good cause. The council may refer an application back to the planning commission if it determines that changes in the application after planning commission recommendation require such action, or such referral may be waived by the council.

(12)

Council action. Upon receiving the report and recommendation of the planning commission and the city manager, the city council may, at its option set and hold a public hearing if deemed necessary and shall make findings of fact and impose any condition on approval which it considers necessary to protect the public health, safety and welfare, and shall make its decision as to the application. City council action will occur within 60 days after submission by the applicant of a completed application required by subsection 4-30(c)(2) of this Code unless a 60-day extension is requested by the city council or a longer period of time is requested by the applicant waiving the time deadlines of this section and Minn. Stat. § 15.99.

(13)

Votes required.

a.

Residential district amendments. Approval of a request for an amendment of this chapter (text and/or map) which changes all or part of an existing residential zoning district classification to either a commercial or industrial district shall require passage by a four-fifths' vote of the full city council.

b.

Other zoning amendments. With the exception of an amendment to a residential zoning district described in subsection 4-30(c)(13)a of this Code, any amendment to this zoning code or any request for approval of a conditional use permit, variance or appeal on site plan review shall require the affirmative vote of a majority of a quorum of the city council present for the vote for passage.

(14)

Notice to applicant. The city manager shall notify the applicant of the decision of the council in writing, including any relevant resolution and findings which may have been passed by the council.

(15)

Filing of notice of action. A certified copy of any conditional use permit shall be filed with the Hennepin County Recorder or Registrar of Titles. A certified copy of any zoning code amendment, conditional use permit or variance authorized shall be filed with the Hennepin County Recorder.

(16)

Reconsideration. Whenever an application has been considered and denied by the city council, a similar application affecting substantially the same property shall not be considered again by the planning commission or city council before the expiration of six months from the date of its denial and any succeeding denials. However, a decision to reconsider such matter may be made by not less than four-fifths vote of the full city council at any time, or under Robert's Rules of Order.

(17)

Termination of a zoning approval. If the work or use authorized by an approved zoning application has not been implemented within a year after final council approval, the said approved application shall automatically terminate unless a petition for extension of time to implement the use or complete the work pursuant to the approved application has been granted by the city council. Petition for extensions shall be made in writing and filed with the city manager at least 30 days before the expiration of the approved application. There shall be no charge for the filing of a petition for extension. The petition shall include a statement of facts explaining the circumstances necessitating the extension. If a petition for extension is filed, the council may terminate or modify the approved application for nonuse, after a hearing or hearings held in the same manner as for the original consideration of the application, including notice to the applicant and their successor in interest, if any. If after a hearing, the council determines that the basis for approval of the original application no longer exists, in whole or substantial part, the council may terminate or modify the authority or use previously approved under the zoning application.

(d)

Performance agreement. Except in the case of nonincome producing residential property, upon approval of a conditional use permit, variance, site plan and/or administrative permit, the city may require the applicant to enter into a performance agreement prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the approval and the codes of the city. The performance agreement shall be prepared and approved by the city attorney and shall contain, but not be limited to, the following terms and conditions:

(1)

Performance bond. The performance agreement shall require the applicant to provide financial security to assure compliance with the agreement and conditions of the approval. The security may be in the form of a surety bond, cash escrow, certificate of deposit, irrevocable letter of credit, securities or cash deposit. The security shall be in an amount determined by the city engineer or building official under the direction of the city manager, and approved by the council, to cover estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages with prior approval of the city.

(2)

Bond release. The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the application approval and building code of the city has been issued by the city building official.

(3)

Bond forfeiture. Failure to comply with the conditions of the application approval and/or the ordinances of the city shall result in forfeiture of the security.

(4)

Hold harmless and indemnification of city. The applicant shall agree to indemnify and hold harmless the city and its agents and employees against any and all claims, demands, losses, damages and expenses (including attorney fees) arising out of or resulting from the applicant's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this agreement, without regard to any inspection or review made or not made by the city, its agents or employees or failure to take any other prudent precaution. In the event any city employee, agent or representative shall come under the direct or indirect control of the applicant, or the city, upon failure of the applicant to comply with any conditions of the approval, performs said conditions pursuant to the bond, the applicant shall indemnify and hold harmless the city, its employees, agents and representatives for its own negligent or intentional acts in the performance of the applicant's required work under the permit.

(5)

Attorney and consultant fees. The applicant shall agree to pay any and all reasonable attorney and consultant fees incurred by the city to enforce the terms and conditions of any application approval or provisions of any performance agreement relating to said permits.

(e)

Appeals from administrative action. The city council serving as the board of appeals and adjustments shall, after receiving the written report of the city manager, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, interpretation requirement, decision or determination made by any administrative officer or the city manager in the enforcement of this Code. However, said appeal shall be filed not later than 60 days after the applicant has received a written order from the city or the appeal shall be void, and shall follow the procedure in chapter 1 of this Code.

(f)

Cost recovery.

(1)

Purpose. The costs of the city for receiving, analyzing, processing, hearing and final process for requests of changes, modification, or special consideration under this zoning code, such as requests for rezoning (area or text), conditional use permits, and variances are considered to be unique to the applicant requesting such consideration, and it is the intent of this section to provide that all costs of the city occasioned by such requests shall be borne by the applicant. The reimbursement to the city shall be limited to actual costs of the city. Actual costs shall include all engineering, legal, planning, or other consultant fees or costs paid by the city for other consultants for expert review of a development application.

(2)

Basic zoning fee. Each applicant shall pay a nonrefundable basic zoning fee at the time an application is presented to the city for a zoning change of any nature, site and building plan review, a conditional use, or a variance. This fee is intended to reimburse the city for its reasonable costs for administrative processing a development application. If this fee proves to be insufficient to cover such costs, such additional costs will be charged as a part of the zoning deposit, or the supplemental zoning deposit.

(3)

Zoning deposit. In addition to the nonrefundable basic zoning fee, each applicant shall pay a zoning deposit in an amount as set forth in the city's fee schedule at the time of application. All actual costs including, but not limited to, planning, engineering, legal, or other consultant fees or costs, incurred by the city in the processing of the application shall be paid from or reimbursed to the city, from the zoning deposit. Actual costs not fully paid or reimbursed from the basic zoning fee shall be paid or reimbursed from this deposit or the supplemental zoning deposit.

(4)

Supplemental zoning deposit. At any time while the application is pending and before its final conclusion, if the city manager determines that the amount of the zoning deposit required by subsection 4-30(c) of this Code is or is estimated to be insufficient to pay for present or anticipated actual costs of the application, a supplemental zoning deposit shall be required by the city manger to be paid by the applicant. The one or more supplemental zoning deposits shall be in an amount sufficient to pay all actual costs of the city.

(5)

Refunds—Administrative costs. The basic zoning fee intended to cover administrative costs is nonrefundable.

(6)

Refunds—Direct costs. If the direct costs of the city in processing the application are less than the amount of the zoning deposit and any supplemental zoning deposit, any such coverage shall be refunded to the applicant upon the conclusion of the proceedings, and any such costs in excess of the supplemental zoning deposits on hand with the city shall be paid by the applicant prior to completion of the proceedings by the city.

(g)

Enforcement. This zoning code shall be administered and enforced by the zoning administrator as designated by the city manager. The zoning administrator may institute in the name of the city of new hope any appropriate actions or proceedings against a violator.

(Ord. No. 2001-09; Ord. No. 05-07, §§ 1, 2, 11-28-2005; Ord. No. 17-10, § 3, 12-11-2017; Memo. of 2-5-2018)