The purpose of this Chapter is to identify all decision-making bodies responsible for the review of applications, the general review requirements for all applications, and the specific requirements and review procedures for the various application types.

1. Summary Table of Decision-Making and Review Bodies.
   1. Table 2-1 summarizes the general review and decision-making responsibilities of the City entities that have roles in the procedures set forth in this Chapter. Other duties and responsibilities of the entities are set forth in subsequent Chapters of this Ordinance or elsewhere within the New Ulm City Code. The City may require any and all review bodies to examine specific applications as deemed appropriate by the Community Development Department or City Council.
   2. The City may request that other boards, commissions, government agencies and nongovernment agencies review an application, as deemed appropriate prior to any final ruling on such applications.
   3. The procedures set forth in Table 2-1 include applications for Land Use and other purposes. Applications for other purposes include the following:
      1. An appeal of an Administrative Decision
      2. The issuance of a Building Permit
      3. The issuance of a Certificate of Occupancy
      4. The approval of a Subdivision
   4. The remaining applications listed in Table 2-1 are for Land Use purposes. The required action deadline for applications for other purposes may vary by application type and may not be the same as those for Land Use applications.
      
      

      TABLE 2-1: SUMMARY OF THE ROLES OF DECISION-MAKING AND REVIEW BODIES
      H = Hearing (Public Hearing Required) A = Appeal D = Decision (Responsible for Final Decision) R = Recommendation (Responsible for Review and a Recommendation) * = Will take action only if necessary for a specific application or circumstance
      Procedure	Section	Community Development Department	HPC	P & RC	Planning Commission	City Council	State Building Code Board of Appeals
      Comprehensive Plan Amendment	2.4 (A)	R		*	H - R	D
      Zoning Ordinance Text and Zoning Map Amendments	2.4 (B)	R			H - R	D
      Variance	2.4 (C)	R			H - R	D
      Conditional Use Permit	2.4 (D)	R			H - R	D
      Interim Use Permit	2.4 (E)	R			H - R	D
      Site Plan	2.4 (F)	D				A - D
      Temporary Use Permit	2.4 (G)	D				A - D
      Appeal of an Administrative Decision	2.4 (H)	R			H - R	D
      Designation of a Heritage Preservation Landmark or District	2.4 (I)	R	H - R		R	D
      Heritage Preservation Certificate of Approval	2.4 (J)	D	A - D			A - D
      Historic Building Conditional Use Permit	2.4 (K)	R	R		H - R	D
      Building Permit - Application Process - During Construction
      	2.4 (L)	D				A - D
      	2.4 (L)	D					A - D
      Certificate of Occupancy	2.4 (M)	D					A - D
      Sign Permit	2.4 (N)	D				A - D
      Fence Permit	2.4 (O)	D				A - D
      Planned Unit Development	7.6	R	*	*	R	D
      Subdivision	City Code Chapter 12	R	*	*	H - R	D
      “HPC” is the Heritage Preservation Commission “P & RC” is the Park and Recreation Commission

2. City Council. In addition to any other authority granted to the City Council by the City Charter, City Code or state law, the City Council shall have the following powers and duties related to this Ordinance:
   1. To enact amendments to the Comprehensive Plan, the text of this Ordinance and Zoning Map.
   2. To hear, review and make decisions on all applications submitted to the City as specified in Table 2-1.
3. Planning Commission.
   1. Establishment and Composition. The establishment and composition of the Planning Commission are provided for in Section 3.09 of the City Code.
   2. Powers and Duties. In addition to any other authority granted to the Planning Commission by the City Code or State law, the Planning Commission shall have the following powers and duties related to this Ordinance:
      1. Comprehensive Plan Amendments, Zoning Map Amendments and Zoning Text Amendments.
         1. To initiate amendments to the Comprehensive Plan, the text of this Ordinance, the Official Zoning Map (rezoning of property); and
         2. To hear, review and make recommendations to the City Council on applications for amendments to the Comprehensive Plan, the text of this Ordinance or zoning map amendments.
      2. Land Use Applications. To hear, review and make recommendations on the following Land Use applications before the City:
         1. Variance;
         2. Zoning Ordinance Text Amendment;
         3. Conditional Use Permit;
         4. Interim Use Permit;
         5. Historic Preservation District and Landmark Designation;
         6. Historic Building Conditional Use Permit; and
         7. Planned Unit Development.
      3. Other. To exercise such other powers, and perform such other duties, as are reasonable or necessary as provided by law or as directed by the City Council.
   3. The Planning Commission shall conduct business pursuant to the most current edition of Robert’s Rules of Order if not otherwise specified by statute, ordinance, or resolution.
4. Park and Recreation Commission.
   1. Establishment and Composition. The establishment and composition of the Park and Recreation Commission is provided for in Section 3.22 of the City Code.
   2. Powers and Duties. In addition to any other authority granted to the Park and Recreation Commission by the City Code, the Park and Recreation Commission shall have the responsibility to review and make recommendations on park needs generated by new development.
5. Heritage Preservation Commission.
   1. Establishment and Composition. The establishment and composition of the Heritage Preservation Commission is provided for in Section 3.31 of the City Code.
   2. Powers and Duties. In addition to any other authority granted to the Heritage Preservation Commission by the City Code, the Heritage Preservation Commission shall have the following powers and duties related to this Ordinance:
      1. To hear, review and make recommendations on the following:
         1. Designation of a Heritage Preservation Landmark or District;
         2. The issuance of Historic Building Conditional Use Permit.
   3. To review construction and demolition activity, including all street and utility activities, within any Heritage Preservation Landmark or District subject to specified exemptions, and to issue a Certificate of Approval for designated improvements.
   4. To conduct a continuing survey of all areas, places, buildings, structures, or similar objects in the City which may be eligible for designation as a Heritage Preservation Landmark or District.
   5. To pursue the continuing education of the citizens of the City with respect to the historic and architectural heritage of the City.
   6. To solicit gifts and contributions to the City, and to assist in the preparation of applications for grant funds to the City for the purpose of heritage preservation.
   7. To recommend, after review and comment by the Planning Commission, that certain properties eligible for designation as a Heritage Preservation Landmark or District be acquired by gift, negotiation, or other legal means.
   8. To adopt heritage preservation guidelines specific to designated landmarks or districts. Such guidelines shall detail allowable architectural and/or site modifications, essential features to be retained, and any other criteria by which future proposals for modifications shall be judged to ensure that any permit review process will be based on clear and objective standards.
   9. To nominate a Heritage Preservation Landmark or District to the National Register of Historic Places, but only with the consent of the City Council.
   10. To make an annual report to the State Historic Preservation Officer by October 31st of each year.
   11. To exercise such other powers, and perform such other duties, as are reasonable or necessary as provided by law or as directed by the City Council.
6. Board of Appeals and Adjustments (Planning Commission).
   1. Establishment and Composition. The establishment of the Board of Appeals and Adjustments is provided for in Section 3.04 of the City Code.
   2. Membership. The Planning Commission shall serve as the Board of Appeals and Adjustments for the City of New Ulm as provided in Ordinance No. 17-022.
   3. Rules. The Board of Appeals and Adjustments shall:
      1. Conduct business pursuant to the most current edition of Robert’s Rules of Order and;
      2. May exercise all of the powers conferred on such boards by state law.
   4. Procedures. Proceedings of the Board of Appeals and Adjustments shall be conducted as part of a scheduled Planning Commission meeting.
   5. Powers and Duties. The Board of Appeals and Adjustments shall have the following powers and duties related to this Ordinance.
      1. To hear and make recommendations with respect to appeals from any order, decision, or determination made by any administrative officer in the enforcement of any provision of this Ordinance.
      2. To hear requests for Variances from the literal provisions of this Ordinance in accordance with provisions of Minnesota Statutes, Section 462.357.
      3. To hear appeals from the denial of a building permit for structures within the limits of a mapped street pursuant of Minnesota Statutes, Section 462.359.
      4. To hear requests for Variances from the literal provisions of the Land Subdivision and Platting Regulation (Chapter 10 of the City Code) in accordance with the provisions of Section 10.10 of the City Code.
      5. To hear requests for Variances from the literal provisions of the Flood Plain Management regulations (Chapter 12 of the City Code) in accordance with the provisions of Section 12.10, Subdivision 3.
7. Community Development Department.
   1. General Authorization. The Community Development Department, under the supervision of the City Manager, shall administer the provisions of this Ordinance.
   2. Department Composition. For the purpose of this Ordinance, the Building Safety Department is considered to be part of the Community Development Department.
   3. Powers and Duties. In addition to the jurisdiction, authority and duties that may be conferred upon the Community Development Department by other provisions of the City Code, the Community Development Department shall have the following jurisdiction, powers and duties under this Ordinance:
      1. Interpretations. Render interpretations of all provisions of this Ordinance, including, but not limited to the text of this Ordinance, interpretations of the Zoning Map and interpretations of the Comprehensive Plan.
      2. Enforcement. Enforce the provisions of this Ordinance.
      3. Administer Ordinance. Review, approve, conditionally approve or deny applications for Building Permits and other administratively reviewed permits or applications as may be required by this Ordinance.
      4. Application Tracking and Recommendations. Review, monitor and provide recommendations on applications requiring approval by the City Council or other governmental bodies as directed by the City Manager.
      5. Provide Expertise and Technical Assistance. Provide expertise and technical assistance to the City Council and the City’s commissions, boards and other bodies.
   4. Maintain the Zoning Map. Update the City’s Official Zoning Map as it may be amended from time to time.
   5. Recommendations on Procedures. Review and provide comments or make recommendations to the appropriate decision-making body on the various procedures, requirements or appeals established by this Ordinance.
      

1. Applicability. The requirements of Section 2.3 shall apply to all applications subject to review under this Ordinance unless otherwise stated.
2. Application Forms. All applications subject to review under this Ordinance shall be made on forms approved by the City and available from the Community Development Department.
3. Filing of Applications. All applications are to be filed with the Community Development Department.
4. Authority to File Applications.
   1. Unless otherwise specified in this Ordinance, applications may be initiated by:
      1. The owner of the property that is the subject of the application; or
      2. The owner’s authorized agent; or
      3. The City.
   2. When an authorized agent files an application under this Ordinance on behalf of a property owner:
      1. The agent shall provide a signed authorization from the fee title property owner stating that the property owner agrees to be bound by all decisions, agreements and related conditions agreed to by such agent.
      2. The agent may submit an application for the following procedures without providing a signed authorization from the fee title property owner:
         1. Site Plan;
         2. Designation of a Heritage Preservation Landmark or District;
         3. Heritage Preservation Certificate of Approval;
         4. Building Permit;
         5. Sign Permit; and
         6. Fence Permit.
   3. For all applications involving multiple owners, contract purchasers, etc., all such persons shall sign the application.
   4. Use of Electronic Signatures. Digitally signed applications shall be accepted as official provided the electronic signature meets the requirements set forth in Minnesota State Statute 325K.21 and as may be required by the City.
5. Application Submission Schedule.
   1. The schedule for the submission of applications in relation to scheduled meetings of the decision-making bodies shall be determined and maintained by the Community Development Department and made available to the public.
   2. Additional items of business may be added to an agenda upon a majority vote of the appropriate decision-making body on a motion to suspend the rules, provided that public notice complies with statutory requirements.
6. Application Content.
   1. Organization and Copies. The organization of applications and the number of copies of required information to be submitted shall be determined by the Community Development Department.
   2. General Submittal Requirements. All applications shall include:
      1. A completed City of New Ulm application form;
      2. Verification of authority to file applications per the requirements of Section 2.3(D);
      3. All submittal requirements outlined in this Ordinance for the specific application type;
      4. The City may require applicants to submit additional information, including technical studies as may be necessary to enable the City to evaluate the application. Such studies may include, but not be limited to: traffic studies, engineering studies, environmental impact assessments and economic impact reports. The cost of such studies shall be paid by the applicant with the persons or firms preparing the study approved by the City.
7. Application Acceptance.
   1. Complete Application Required.
      1. The review and consideration of an application submitted under Chapter 2 shall only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department.
      2. If the application is not complete, the Community Development Department shall notify the applicant of any deficiencies within ten (10) days and shall take no steps to process the application until the deficiencies are remedied. Once the Community Development Department determines the application is complete, the application shall be scheduled for consideration by the appropriate decision-making body.
   2. Waiver of Application Requirements. Except for the required application form and the associated fee, the Community Development Department may waive submittal requirements and deem an application complete for review if it is determined that such information will serve no purpose during the review process. It is the responsibility of the applicant to supply all information required by this Ordinance, and a waiver issued by the Community Development Department shall not eliminate the need to provide such information at a later time if it is ultimately deemed necessary to adequately review the application. Failure of an applicant to supply information in a timely manner may result in denial of the application.
8. Simultaneous Processing of Applications. Whenever two or more forms of review and approval are required under the City Code (e.g., a proposed rezoning and subdivision application), the applications for those approvals may, at the discretion of the Community Development Department, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.
9. Pre-application Meeting. Discussions that occur during a pre-application meeting are not binding on the City and do not constitute official assurances, representations or approvals by the City or its officials on any aspects of the plan or application discussed.
10. Fees.
    1. Determination of Fees. Fees required to accompany applications submitted under this Ordinance shall be in accordance with the approved fee schedule adopted yearly by the City Council.
    2. Fees to Be Paid. No application shall be accepted until all applicable application fees have been paid.
    3. Refund of Application Fee. Application fees are administratively refundable in the following situations:
       1. Building Permit Fees.
          1. All Building Permit fees, minus the state surcharge, will be refunded if the construction project has not started during the 180-day permit validation period. Once the 180 days has passed, 50 percent of the permit fee shall be refunded.
          2. Commercial and industrial Building Permits which require a plan review fee will only be refunded if the plan review process has not begun. Once City staff has reviewed the submitted documents, only the permit fee will be refunded.
       2. Fees for Other Application Types.
          1. Fees will be fully refunded if the application is withdrawn prior to any consideration or review of the application.
          2. If costs have been incurred and the application is withdrawn 14 days prior to the meeting date, 50 percent of the application fee will be refunded.
    4. Escrow. Application fees may also require payment of an escrow in favor of the City.
    5. Staff and/or Consultant Fee. In order to defray the additional cost of processing applications submitted under this Ordinance, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request.
       1. "Materials" shall include, but not be limited to, maps, graphs, charts, drawings, etc., and all printing and reproduction of the same.
       2. "Staff and/or Consulting Time" shall include any time spent in researching or actual production of materials.
       3. The hourly rate for "Staff and/or Consulting time" shall be in accordance with the current City of New Ulm Classification and Compensation Schedule. Fringe benefits in the amount of 30 percent of the hourly rate shall also be paid by the applicant.
11. Public Notification. Applications requiring public notification shall comply with the following provisions:
    1. Content. Notices for public hearings, whether by publication or mailed notice, shall contain at a minimum:
       1. A bold title referring to the content of the notice.
       2. Identification of the address or location of the property or properties subject to the application.
       3. Date, time and place of the public hearing.
       4. Nature and scope of the application.
       5. Where to view the application.
       6. Where the public may be heard.
       7. Provision for written comments. The notice will describe where written comments will be received prior to the public hearing.
    2. Timing of the Notice. Unless otherwise expressly provided or required by law, all statutorily or City Code required notices shall be postmarked or published at least ten (10) days prior to the hearing or meeting at which the application will be considered.
    3. Responsibilities.
       1. Published Notice. When the provisions of this Ordinance require that notice be published, the Community Development Department shall be responsible for preparing the content of the notice and publishing the notice as required by state law. The content and form of the published notice shall be consistent with the requirements of Section 2.3(K)(1) and state law.
       2. Written or Mailed Notice. When the provisions of this Ordinance require that written or mailed notice be provided, the Community Development Department shall be responsible for preparing and mailing the written notice per the requirements outlined in Table 2-2. Properties subject to the notification requirement are measured in all directions from the perimeter of the subject property.
          
          

          TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS
          Application Type:	Written Notice Provided to:
          Comprehensive Plan Amendment	All property owners within 350 feet
          Zoning Map Amendment	All property owners within 350 feet
          Variance	All property owners within 350 feet
          Conditional Use Permit	All property owners within 350 feet
          Interim Use Permit (new and renewal)	All property owners within 350 feet
          Historic Preservation Designation	Landowner only
          Conditional Use Permit/Interim Use Permit Revocation	Permittee/landowner only
          Planned Unit Development	All property owners within 350 feet

    4. Notice Process.
       1. For the purpose of sending the written notice, the Community Development Department may use the names and addresses appearing on property tax records to determine the names and addresses of affected property owners. A copy of the notice and a list of the owners and addresses to which the notice was sent must be attested to by the Community Development Department and must be made a part of the records of the proceedings.
       2. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a good faith attempt has been made to comply with applicable notice requirements. Minor defects in notice are errors that do not affect the substance of the notice (e.g., errors in a legal description, typographical or grammatical errors, errors of actual acreage, etc). Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the notification requirements and information specifying the time, date and place of a hearing shall be strictly construed.
       3. When the records of the City document the publication, mailing and posting of notices as required by this Section, it shall be presumed that notice of a public hearing was given as required by this Section.
12. Continuation of Public Hearings.
    1. A public hearing for which proper notice was given may be continued during the course of such hearing to a later date without again complying with the written notice requirements of this Ordinance, provided that the continuance date is announced at the meeting described in the notice.
    2. In the event that the public hearing is not held due to the lack of a quorum for the public body before which it has been scheduled, if the representatives present announce at the scheduled meeting a new day and time for the public hearing, the City will not be required to re-publish, mail or post notices of the new day and time.
13. Withdrawal of an Application. A request for withdrawal of an application shall be in writing, signed by the applicant and submitted to the Community Development Department for the request.
14. Application Material. Unless otherwise specified, the written application, any other information and any attachments submitted by the applicant shall be considered part of the record of the City Council’s consideration of the application.
15. Required Action Deadline. All applications for Land Use or other approvals shall be approved or denied within timeframes required by applicable laws, regulations and the provisions of this Ordinance in effect on the date the application was submitted. The Community Development Department may forward an application to the City Council without a recommendation from the appropriate commission or board only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
16. Environmental Review.
    1. No development project shall be approved prior to review by the Community Development Department to determine the necessity for completion of an Environmental Assessment Worksheet (EAW) or Environmental Impact Statement (EIS) and such other information as deemed appropriate.
    2. Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. An application is not considered complete, and no decision on the granting of a permit or other required approval will be made until the EAW/EIS process is finished.
17. Reconsideration of Land Use Approval Applications.
    1. No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of one (1) year from the date of City Council action on the application, except where the applicant has provided substantial new evidence or proof of a change in conditions with respect to such application. The applicant shall provide a detailed statement of the grounds justifying reconsideration of the application. The Community Development Department will make a determination as to whether the subsequent application is making essentially the same request. If the Community Development Department finds that there are no grounds for reconsideration of the application, they will summarily, and without hearing, deny the request.
    2. Before reconsideration of an application, the City shall require the submission of the appropriate application fee, and the application shall be processed as a new application.
18. Application Approval. It is the responsibility of the applicant to provide factual information demonstrating that their request complies with appropriate land use regulations, standards and objectives found in this Chapter.
    

1. Comprehensive Plan Amendment.
   1. Purpose. This Section describes the procedures to be followed when requesting an amendment to the Comprehensive Plan.
   2. Intent. This process is intended to allow for the revision of the Comprehensive Plan when it is deemed necessary under the following circumstances:
      1. Due to changed or changing conditions within the community.
      2. To correct an error or omission, or to expand upon or improve the accuracy of information contained in the Comprehensive Plan.
      3. In response to a change in the policies, objectives, principles or standards governing the physical development of the City.
      4. To address new ideas, to take advantage of new opportunities or to address identified problems.
      5. Each application for a Comprehensive Plan amendment will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
   3. Initiation of Proceedings. Proceedings for the amendment of the Comprehensive Plan shall be initiated by one of the following:
      1. By petition of an owner of property that is subject to a land use designation in the Comprehensive Plan, or an authorized representative of an owner, pursuant to Section 2.3(D), Authority to File Applications;
      2. Action of the Planning Commission; or
      3. Action of the City Council.
   4. Application.
      1. All applications to amend the Comprehensive Plan shall be in accordance with Section 2.3, General Review Procedures and Requirements.
      2. In addition to the general review requirements, applications for Comprehensive Plan amendments shall also include the following:
         1. The name of the applicant;
         2. A narrative explaining the requested change and the reasons why the Comprehensive Plan should be amended per the request;
         3. The legal description of all real property proposed for change, if applicable;
         4. The existing and proposed land use and zoning designations for all properties proposed to change, if applicable;
         5. A map of the properties to be changed to a different land use category, showing the addresses and land uses for adjacent properties, if applicable;
         6. The proposed text and/or maps to be added, amended or deleted from the Comprehensive Plan along with documentation as to the location of the text changes in the Comprehensive Plan, if applicable; and
         7. Any other information that may be reasonably required by the City to evaluate the application.
   5. Review Criteria. Recommendations and decisions on Comprehensive Plan amendments shall be based on consideration of the following criteria:
      1. Whether the proposed amendment corrects an error or addresses a need resulting from a changing condition, trend or fact arising since the adoption of the Comprehensive Plan;
      2. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan;
      3. The extent to which the proposed amendment addresses a demonstrated community need;
      4. Whether the proposed amendment will provide a public benefit and protect the health, safety, morals and general welfare of the public;
      5. The impacts on the natural and built environments, including air, water, noise, stormwater management, wildlife habitat, water quality, vegetation, drainage, streets, and other engineering design or environmental factors;
      6. Whether the proposed amendment is compatible with existing and proposed uses surrounding the subject property; whether the proposed design and land uses are appropriate for the land; and whether the proposed amendment will maintain or improve compatibility among uses and ensure efficient development within the City;
      7. Whether the proposed amendment will result in a logical, orderly and predictable development pattern; and
      8. Whether the proposed amendment is consistent with the purpose of this Ordinance.
   6. Review.
      1. Planning Commission.
         1. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(K).
         2. Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using each of the review criteria outlined in Section 2.4(A)(5).
         3. The decision on the application shall be supported by written findings of fact. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
      2. City Council.
         1. Upon receiving the recommendation of the Planning Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(A)(5) and take action on the request.
         2. The City Council may hold a public hearing on the request if deemed necessary.
         3. The City Council may adopt the amendment or any part thereof in such form as it deems advisable.
         4. The decision on the application shall be supported by findings of fact.
         5. With the exception of an affordable housing development project, the amendment requires the approval of four-fifths of all the members of the City Council. An affordable housing development project, as described in Minnesota Statutes, Section 462.355, Subdivision 3, requires the approval of three-fifths of all the members of the City Council.
2. Zoning Ordinance Text or Zoning Map Amendments.
   1. Purpose. This Section describes the procedures to be followed when requesting a text change to this Ordinance or an amendment to the zoning map.
   2. Intent.
      1. This process is intended to allow the City to accommodate changing conditions, conservation of property values, development trends, current and anticipated future uses of property and changes in City policy.
      2. Each application for a Zoning Ordinance Text or Map amendment will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
   3. Initiation of Proceedings. Proceedings for the amendment of the text of this Ordinance or the zoning map shall be initiated as follows:
      1. Amendment Initiated by Petition. A petition for an amendment to the zoning classification of a particular property shall be submitted by the owner of the property.
      2. Amendment Initiated by the City Council or Planning Commission. The City Council or the Planning Commission may initiate amendments to the text of this Ordinance or to the zoning classification of specific properties.
   4. Application.
      1. All applications to amend the text of this Ordinance or the zoning map shall be in accordance with Section 2.3, General Review Procedures and Requirements.
      2. In addition to the general review requirements, applications for changes to the text of this Ordinance or the zoning map shall also include the following:
         1. The name of the applicant;
         2. A narrative explaining the requested modification and the reasons why the changes are supported by the Comprehensive Plan;
         3. The legal description of all real property proposed for change, if applicable;
         4. The existing and proposed land use and zoning designations for all properties proposed for change, if applicable;
         5. A map of the properties to be changed to a different zoning designation, showing the addresses and zoning designations for the subject properties and the adjacent properties, if applicable;
         6. The location of the proposed text to be added, amended or deleted in this Ordinance, if applicable; and
         7. Any other information that may be reasonably required by the City to evaluate the application.
   5. Review Criteria. Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria:
      1. Whether the proposed amendment corrects an error in the original text or map;
      2. Whether the proposed amendment addresses needs arising from a changing condition, trend or fact affecting the subject property and surrounding area; and
      3. Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the Comprehensive Plan.
   6. Review.
      1. Planning Commission.
         1. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(K).
         2. Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using each of the review criteria outlined in Section 2.4(B)(5).
         3. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
   7. City Council.
      1. Upon receiving the recommendation of the Planning Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(B)(5) and take action on the request.
      2. The City Council may hold a public hearing on the request if deemed necessary.
      3. The City Council may adopt the amendment or any part thereof in such form as it deems advisable.
      4. A decision on any request shall be accompanied by findings of fact.
      5. The amendment requires the approval of four-fifths of all the members of the City Council.
3. Variance.
   1. Purpose. This Section describes the procedures to be followed when requesting a Variance.
   2. Intent.
      1. This process is intended to provide limited relief from the strict requirements of this Ordinance in those cases where strict application of a particular requirement will create a practical difficulty due to circumstances unique to the individual property under consideration.
      2. Variances are not intended to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences that the requirements of this Ordinance may impose on property owners in general.
      3. Variances are intended to address extraordinary, exceptional or unique situations that are not caused by the applicant’s act or omission.
      4. Approval of a Variance at a location within a zoning classification does not mean that the same Variance can be conducted on any other parcel with the same specific zoning classification. Each application for a Variance will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
   3. Initiation of Proceedings. A request for a Variance shall be initiated by application of the property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
   4. Application.
      1. All applications for a Variance shall be in accordance with Section 2.3, General Review Procedures and Requirements.
      2. In addition to the general review requirements, applications for a Variance shall also include the following:
         1. A written narrative demonstrating that the review criteria for a Variance as identified in Section 2.4(C)(5) have been met.
         2. A site plan of the property showing all information necessary to allow the City to determine conformance with all zoning provisions, and to evaluate or calculate the specific Variance being requested. Information shall include but not be limited to:
            1. Property and structure dimensions;
            2. Setback dimensions/measurements;
            3. Locations and dimensions of parking areas and access points.
         3. If deemed necessary by the Community Development Department, a survey may be required to be submitted with the application in addition to a site plan.
         4. Any other information that may be reasonably required by the City to evaluate the application.
   5. Review Criteria.
      1. A Variance shall only be granted when the application complies with all of the following criteria or circumstances:
         1. The Variance will be in harmony with the general purposes and intent of this Ordinance.
         2. The Variance will be consistent with the Comprehensive Plan.
         3. There are practical difficulties in complying with this Ordinance.
      2. Practical difficulties as used in connection with the granting of a Variance, means that:
         1. The property owner proposes to use the property in a reasonable manner not permitted by this Ordinance.
         2. The request will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion of public streets, increase the danger of fire, substantially diminish property values and will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the zoning district or neighborhood in which the property is located.
         3. There are exceptional circumstances or conditions that are unique and applicable to the property. These include the following:
            1. The physical surroundings, lot size or shape, topography, water conditions, or other physical conditions unique to the specific property.
            2. Unique circumstances that do not generally apply to other properties or buildings in the same zoning district or vicinity.
            3. The unique circumstances were not created by the owner of the property.
         4. The Variance, if granted, does not alter the essential character of the locality; and
         5. The Variance request shall be the minimum Variance necessary to eliminate the practical difficulties; and
         6. Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the terms of this Ordinance.
      3. Other Variance provisions:
         1. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
         2. A Variance shall be granted for “earth sheltered construction” as defined in Minnesota Statutes, Section 216C.06, Subdivision 14, when in harmony with this Ordinance.
   6. Review.
      1. Planning Commission.
         1. Before any Variance is approved, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(K).
         2. Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using each of the review criteria outlined in Section 2.4(C)(5).
         3. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
   7. City Council.
      1. Upon receiving the recommendation of the Planning Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(C)(5)(a) and (b) and take action on the request.
      2. The City Council may hold a public hearing on the request if deemed necessary.
      3. The City Council may approve the Variance or any part thereof in such form as it deems advisable. The decision on the application shall be supported by findings of fact.
   8. Reasonable Conditions. In approving a Variance, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Variance review criteria, to ensure compliance with the granted Variance and to protect adjacent properties. A condition must be directly related to and must bear a rough proportionality to the impact created by the Variance.
   9. Effect of a Variance Approval.
      1. The issuance of a Variance shall authorize only the particular variation that is approved by the City Council.
      2. A Variance, including any conditions, shall run with the land and shall not be affected by a change in ownership.
   10. Subsequent Development. Development authorized by the Variance shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other applicable regulations. The granting of a Variance does not constitute, imply or guarantee the granting of any other such required approval (e.g., a Building Permit).
   11. Time Limit.
       1. Unless otherwise specified in the Variance, if a Building Permit or other required permit has not been secured or the applicant has not commenced the authorized use or improvement within six (6) months of the date of the Variance approval, the Variance shall become invalid. Permitted timeframes do not change with successive owners.
       2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
   12. Amendment. A requested amendment to an existing Variance shall be processed in the same manner as a new application.
   13. Recording. The applicant shall pay the cost to record the Variance with the Brown County Recorder’s Office.
4. Conditional Use Permit.
   1. Purpose. This Section describes the procedures to be followed when requesting a Conditional Use Permit. The process for requesting a Historic Building Conditional Use Permit is described in Section 2.4(K).
   2. Intent.
      1. This process is intended to provide the City with a means of reviewing uses which, because of their unique characteristics, cannot be permitted as a right in a particular zoning district, but may be allowed upon demonstration that such use meets identified and reasonable standards established within this Ordinance.
      2. Approval of a conditional use at a location within a zoning classification does not mean that the same conditional use can be conducted on any other parcel with the same specific zoning classification. Each application for a Conditional Use Permit will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
   3. Initiation of Proceedings. A request for a Conditional Use Permit shall be initiated by application of the property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
      1. Application.
         1. All applications for a Conditional Use Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
         2. In addition to the review requirements, applications for a Conditional Use Permit shall also include the following:
            1. A written narrative which includes:
               1. A description of the proposed conditional use, how it will function on the property and any other information necessary to fully describe the request.
               2. An explanation of how the proposed conditional use will meet each of the review criteria set forth in Section 2.4(D)(5), as well as any additional criteria that may apply for the specific use as described in Section 9.2.
               3. A map showing the general location of the proposed use within the community.
               4. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the City can determine whether the proposed use will conform to all City Code standards. Such information may include, but shall not be limited to, the following:
                  1. Site Plan drawn to scale showing parcel and existing topography;
                  2. Location of all buildings and the size of each, including square footage;
                  3. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
                  4. Natural features such as woodlands, wetlands, shorelines, etc;
                  5. Landscaping and screening plans, including species and size of trees and shrubs proposed;
                  6. Proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated;
                  7. Type of business or activity and proposed number of employees;
                  8. Building elevation drawings of any new construction or building renovation proposed;
                  9. Proposed floor plan and elevations of any building with use indicated;
                  10. Proposed outdoor storage spaces;
                  11. Signage plan.
               5. If deemed necessary by the Community Development Department, a land survey may be required to be submitted with the application in addition to or in lieu of a site plan.
               6. Any other information that may be reasonably required by the City to evaluate the application.
   4. Review Criteria. Approval of a Conditional Use Permit application requires that the City find that conditions can be established to ensure that all of the following criteria will always be met:
      1. The proposed use is allowed as a conditional use in the zoning district for which it is proposed;
      2. The use is consistent with the applicable policies, recommendations and regulations of the City’s Comprehensive Plan, other adopted land use studies and this Ordinance;
      3. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, odor or unsightliness, and will not otherwise adversely impact the health, safety and welfare of the community;
      4. The use will not be injurious or hazardous to the use and enjoyment of other property in the vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
      5. The use will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area;
      6. The use will not substantially diminish or impair the value of neighboring properties;
      7. The site will be adequately served by and will not impose a burden on essential public facilities and services, including utilities, streets, drainage, police and fire protection, and schools;
      8. Development and operation of the use will not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community;
      9. Adequate measures have been or will be taken to minimize traffic congestion in the public streets and to provide for adequate on-site circulation of traffic, parking and loading spaces;
      10. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance to the community;
      11. Impacts such as noise, odor, hours of activity, outdoor lighting and sight pollution have been sufficiently addressed to mitigate negative impacts on nearby uses;
      12. The benefits of the use outweigh the potential negative effects to the surrounding area or community;
      13. The use will adhere to any additional criteria outlined in Section 9.2 for the proposed use.
   5. Review.
      1. Planning Commission. Before any Conditional Use Permit is approved, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(K). Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using each of the review criteria outlined in Section 2.4(D)(5) and any specific criteria outlined for the specific use in Section 9.2. The decision on the application shall be supported by findings of fact. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
      2. City Council. Upon receiving the recommendation of the Planning Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(D)(5) and any specific criteria outlined for the specific use in Section 9.2 and take action on the request. The City Council may hold a public hearing on the request if deemed necessary. The City Council may approve the Conditional Use Permit or any part thereof in such form as it deems advisable. The decision on the application shall be supported by findings of fact.
      3. Reasonable Conditions. In approving a Conditional Use Permit, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Conditional Use Permit review criteria.
      4. Effect of a Conditional Use Permit Approval.
         1. The issuance of a Conditional Use Permit shall authorize only the improvements and activities approved by the City Council.
         2. A Conditional Use Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
         3. Nothing in this Ordinance shall prevent the City Council from enacting or amending official controls to change the status of a Conditional Use Permit.
      5. Subsequent Development. Development authorized by the Conditional Use Permit shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other applicable regulations. The granting of a Conditional Use Permit does not constitute, imply or guarantee the granting of any other such required approval (e.g., a Building Permit).
      6. Time Limit.
         1. Unless otherwise specified in the Conditional Use Permit, the operation of the use and/or issuance of Building Permits for permitted structures shall begin within six (6) months of the date of the Conditional Use Permit approval. Failure to do so will invalidate the Conditional Use Permit. Permitted timeframes do not change with successive owners.
         2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
         3. If a use operating pursuant to an approved Conditional Use Permit is discontinued for a period of at least six (6) months, any further use of the property shall conform to the requirements of this Ordinance. A discontinued conditional use shall not begin operations again without first obtaining approval of a new Conditional Use Permit.
      7. Revocation. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the Conditional Use Permit. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with Section 2.3(K). Following the hearing, the City Council may revoke the Conditional Use Permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.
      8. Amendment. A requested amendment to an existing Conditional Use Permit shall be processed in the same manner as a new application.
      9. Recording. The applicant shall pay the cost to record the Conditional Use Permit with the Brown County Recorder’s Office.
5. Interim Use Permit.
   1. Purpose. This Section describes the procedures to be followed when requesting an Interim Use Permit.
   2. Intent. The intent of allowing an interim use is:
      1. To allow a land use for a limited period of time that reasonably utilizes the property in a manner that is otherwise not consistent with the Comprehensive Plan nor permitted in the applicable zoning district;
      2. To provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses for specified zoning districts;
      3. To allow a use that is presently acceptable, not permitted within the zoning district, and with anticipated development, may not be acceptable in the future; or
      4. To allow a temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
      5. Approval of an interim use at a location within a zoning classification does not mean that the same interim use can be conducted on any other parcel with the same specific zoning classification. Each application for a Interim Use Permit will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
   3. Initiation of Proceedings. A request for an Interim Use Permit shall be initiated by application of the property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
   4. Application.
      1. All applications for an Interim Use Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
      2. In addition to the general review requirements, applications for an Interim Use Permit shall also include the following:
         1. A written narrative from the applicant fully explaining the proposal, its operation and intensity, potential impact on surrounding properties, and site or building improvements necessary to conduct the use.
         2. A statement from the applicant with the date or event that will terminate the interim use.
         3. A map showing the general location of the proposed use within the community and a site plan.
         4. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the City can determine whether the proposed use will conform to all City Code standards.
         5. If deemed necessary by the Community Development Department, a land survey may be required to be submitted with the application in addition to or in lieu of a site plan.
         6. Any other information that may be reasonably required by the City to evaluate the application.
   5. Review Criteria. Approval of an Interim Use Permit application requires that the City find that conditions can be established to ensure all of the following criteria will always be met:
      1. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, odor or unsightliness, and will not otherwise adversely impact the health, safety and welfare of the community;
      2. The use will not adversely impact implementation of the Comprehensive Plan;
      3. The date, event or change in circumstances that will terminate the use is identified with certainty;
      4. The applicant agrees to all conditions that the City Council deems appropriate to allow the use, including a condition that the owner may be required to provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the Interim Use Permit;
      5. The proposed use will not hinder permanent development of the site;
      6. The use will not create an excessive burden on existing parks, schools, streets and other public facilities which serve or are proposed to serve the area;
      7. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
      8. The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future.
      9. The use shall not cause or impose additional costs to the City of New Ulm; and
      10. The Interim Use will adhere to any applicable additional criteria outlined in Section 2.4 (E)(8)for the proposed use.
   6. Review.
      1. Planning Commission.
         1. Before any Interim Use Permit is approved, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(K).
         2. Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using each of the review criteria outlined in Section 2.4(E)(5) and any specific criteria outlined for the specific use in Section 9.2.
         3. The decision on the application shall be supported by findings of fact. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
      2. City Council.
         1. Upon receiving the recommendation of the Planning Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(E)(5) and any specific criteria outlined for the specific use in Section 9.2 and take action on the request.
         2. The City Council may hold a public hearing on the request if deemed necessary.
         3. The City Council may approve the Interim Use Permit or any part thereof in such form as it deems advisable. The decision on the application shall be supported by findings of fact.
   7. Reasonable Conditions. In approving an Interim Use Permit, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Interim Use Permit review criteria.
   8. Effect of an Interim Use Permit Approval.
      1. The issuance of an Interim Use Permit shall authorize only the improvements and use approved by the City Council as an interim use until the date or event of termination stated in the permit.
      2. An Interim Use Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
   9. Subsequent Development. Development authorized by the Interim Use Permit shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other applicable regulations. The granting of an Interim Use Permit does not constitute, imply or guarantee the granting of any other such required approval (e.g., a Building Permit).
   10. Time Limit.
       1. Unless otherwise specified in the Interim Use Permit, the operation of the use and/or issuance of Building Permits for permitted structures shall begin within six (6) months of the date of the Interim Use Permit approval. Failure to do so will invalidate the Interim Use Permit. Permitted timeframes do not change with successive owners.
       2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
       3. If a use operating pursuant to an approved Interim Use Permit is discontinued for a period of at least six (6) months, any further use of the property shall conform to the requirements of this Ordinance. A discontinued interim use shall not begin operations again without first obtaining approval of a new Interim Use Permit.
   11. Termination. An Interim Use Permit shall be terminated and removed for any of the following reasons, whichever occurs first:
       1. Five years from the date of approval.
       2. The date, event or circumstances of termination stated in the permit.
       3. Upon violation of conditions under which the permit was issued.
       4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district;
       5. An amendment to the City Code that either no longer allows the interim use or now permits the interim use.
       6. A change in zoning regulations.
   12. Revocation. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the Interim Use Permit. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with Section 2.3(K). Following the hearing, the City Council may revoke the Interim Use Permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.
   13. Amendment. A requested amendment to an existing Interim Use Permit shall be processed in the same manner as a new application.
   14. Renewal. All renewals of an existing Interim Use Permit shall be processed in the same manner as a new application.
6. Site Plan.
   1. Purpose. This Section describes the procedures to be followed when requesting approval of a Site Plan.
   2. Intent. This process is intended to meet the following objectives:
      1. To establish a formal site plan review process.
      2. To visually enhance development within the City.
      3. To promote development that is compatible with nearby properties, neighborhood character and natural features.
      4. To provide convenient and safe internal and external movement of vehicles and pedestrians.
      5. To secure suitable open space and landscaping improvements.
      6. To facilitate adequate drainage, utilities and other required community facilities.
      7. To promote public safety.
   3. Applicability. Unless exempted pursuant to Section 2.4(F)(4) below, Site Plan review shall be required for all development prior to the issuance of a Building Permit or other approval.
   4. Exemptions. The following development activities may be exempted from Site Plan review:
      1. Residential accessory buildings or other similar structures as determined by the Community Development Department.
      2. The internal construction or change in floor area of a development that does not increase gross floor area by more than 10%, increase the intensity of use, or affect parking requirements on a site that meets all development and site design standards of this Ordinance.
      3. Temporary uses.
      4. Any building exempted by State Statute.
      5. Additions to existing buildings, structures or uses, if in the opinion of the Community Development Department, such addition does not substantially affect the proposed or current development of adjacent or nearby properties.
      6. Grading or site preparation that results in minor modifications to the existing site, as approved by the City Engineer.
      7. Expansion of parking not related to modification, addition or enlargement to the gross floor area of an existing building.
      8. Construction of structures or buildings accessory to a permitted or conditionally permitted use within the respective zoning district when such accessory use is also permitted in said district.
   5. Initiation of Proceedings. A request for a Site Plan review may be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(D), Authority to File Applications.
   6. Application.
      1. All applications for Site Plan review shall be in accordance with Section 2.3, General Review Procedures and Requirements.
      2. Limited Site Plan Application.
         1. Applications for a Limited Site Plan review shall be required for the following projects and activities:
            1. Agricultural building uses.
            2. Single-family detached and two-family dwellings.
            3. Buildings smaller than 3,000 square feet that are located on one lot in an industrial zoning district.
         2. In addition to the general review requirements, applications for a Limited Site Plan review shall also include the following:
            1. Name of the project.
            2. Name, address and telephone number of applicant.
            3. Legal description.
            4. Number of parking spaces provided, including handicapped.
            5. Property line and building dimensions.
            6. Size and location of existing and proposed structures.
            7. All existing and proposed points of ingress/egress to the lot.
            8. The use or uses of all remaining land not impacted by the project.
            9. Any other information that may be reasonably required by the City to evaluate the application.
      3. General Site Plan Application.
         1. Applications for a General Site Plan review shall be required for all commercial, institutional, industrial and residential buildings either not exempted by Section 2.4(F)(4) or not eligible for a Limited Site Plan review as described in Section 2.4(F)(6)(b).
         2. In addition to the general review requirements, applications for a General Site Plan review shall also include the following:
            1. Name of the project.
            2. Name, address and telephone number of applicant, engineer, architect, surveyor and owner of record, if applicable.
            3. Legal description.
            4. Submittal date, north arrow, engineering scale, number of sheets and name of individual who prepared the drawings.
            5. Vicinity map showing relationship of the development to surrounding streets, rights-of-way and other landmarks.
            6. Description of intended use of site, buildings and structures, including type of occupancy and occupancy load.
            7. Tabulation box, indicating the following:
               1. Size of parcel in acres and square feet;
               2. Gross floor area of each building;
               3. Percent of site covered by buildings;
               4. Projected number of employees;
               5. Number of seats if intended use is a restaurant or place of assembly;
               6. Number of parking spaces required;
               7. Number of parking spaces provided, including handicapped;
               8. Dimensions of parking spaces and aisles;
               9. Existing zoning and land use designations; and
               10. Area of public open space, if applicable.
            8. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations within proposed Site Plan boundary shown to a distance of fifty (50) feet beyond.
         3. The present and proposed topography of the site and adjacent areas within fifty (50) feet by contour lines at an interval of not more than five (5) feet.
         4. Grading, drainage and erosion control plan.
         5. Street plans including:
            1. Location and dimension of existing and proposed curb cuts, aisles, off-street parking and loading spaces, and walkways;
            2. Type of surfacing and base course proposed for all street, parking areas, loading areas and walkways; and
            3. Existing and proposed drainage and utility easements.
         6. Utility plans including the size and location of all existing and proposed water lines, hydrants, sanitary sewer lines, water and sanitary sewer end services, and storm drainage systems.
         7. Landscape plan providing all information outlined in Section 10.2.
         8. The location and method of screening outdoor trash storage areas and recycling collection areas.
         9. The location, height and material for walls, fences and screening of roof top equipment.
         10. The location and size of all proposed signage as described in Section 10.5.
         11. Lighting locations and height of proposed lighting facilities.
         12. Building elevations detailing materials being used.
         13. When a site is to be developed in stages, the plan should include the ultimate development of the site and proposed developmental stages.
         14. Any other information that may be reasonably required by the City to evaluate the application including, but not limited to, floor plans, rendered drawings and material samples.
   7. Review Criteria. Approval of a Site Plan shall be based on consideration of the following criteria:
      1. Whether the proposed development is consistent with all the requirements of this Ordinance and the City Code;
      2. Whether the proposed development is in compliance with the applicable zoning district and overlay districts;
      3. Whether the proposed development is in compliance with other City approved planning documents, including the Comprehensive Plan;
      4. Whether the proposed development meets all of the requirements or conditions of any applicable development agreements; and
      5. Whether the Site Plan minimizes any adverse effects on property in the immediate vicinity and minimizes congestion on public streets.
   8. Review.
      1. The Community Development Department is authorized to review and approve, approve with conditions, or deny a Site Plan in accordance with the procedures and standards of this Section.
      2. Upon receiving a complete application for a Limited or General Site Plan review, the Community Development Department shall review the application and plans to determine their conformance with all Ordinance requirements. The Community Development Department may be assisted in conducting Site Plan reviews by representatives from other City departments.
      3. Applications determined to conform to the review criteria outlined in Section 2.4(F)(7) shall be approved by the Community Development Department. A notice of Site Plan approval shall be provided to the applicant that includes all conditions, comments and recommendations.
      4. Applications not conforming to the Review Criteria outlined in Section 2.4(F)(7) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant that includes all identified reasons for denial.
   9. Reasonable Conditions. In approving a Site Plan, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Site Plan review criteria.
   10. Effect of a Site Plan Approval.
       1. The approval of a Site Plan by the Community Development Department shall authorize only the project activities or items identified on the Site Plan.
       2. A Site Plan approved by the Community Development Department, including any conditions, shall not be affected by a change in ownership.
   11. Subsequent Development. Development authorized by a Site Plan approval shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other applicable regulations. The approval of a Site Plan does not constitute, imply or guarantee the granting of any other such required approval (e.g., a Building Permit).
   12. Time Limit.
       1. Unless otherwise specified in the Site Plan approval process, if a Building Permit or other required permit has not been secured within six (6) months of the Site Plan approval, the Site Plan shall become invalid. Permitted timeframes do not change with successive owners.
       2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
   13. Amendment.
       1. A requested amendment to an approved Site Plan shall be processed in the same manner as a new application.
       2. Requested amendments that involve one of the following may require a new Site Plan application:
          1. The density of the development is to be increased;
          2. The gross square footage of nonresidential buildings is to be increased;
          3. The number of stories is to be increased;
          4. Approved landscaping elements are to be modified;
          5. Required open space is to be modified;
          6. There is a change in plans for historic structures or sites;
          7. Drainage, streets, or other engineering design changes will materially alter items approved in the Site Plan; and/or
          8. Major changes are proposed that could potentially create an adverse impact on stormwater quality, stormwater quantity management, or other stormwater management ordinance requirements.
       3. Requested Site Plan amendments that do not fall into one of the categories outlined in Section 2.4(F)(13)(b) above may be approved by the Community Development Department if it is determined that the requested change will not:
          1. Substantially affect the terms of the original approval; and
          2. Result in significant adverse impacts on the surrounding properties or the City at-large.
       4. If the Community Development Department determines that a proposed change will substantially affect the terms of the original approval or would result in significant adverse impacts on the surrounding properties or the City at-large, then a re-submittal of a new Site Plan may be required as described in this Chapter.
   14. Appeal. An applicant for a Site Plan review may appeal the decision of the Community Development Department to the City Council per Section 2.4(H).
7. Temporary Use Permit.
   1. Purpose. This Section describes the procedures to be followed when requesting a Temporary Use Permit.
   2. Intent.
      1. This process is intended to allow the establishment of certain temporary uses and special events of limited duration, provided that such uses comply with the standards in this Section and are discontinued upon the expiration of a set time period. Temporary uses and special events shall not involve the construction or alteration of any permanent building or structure.
      2. Approval of a Temporary Use Permit at a location within a zoning classification does not mean that the same Temporary Use Permit can be conducted on any other parcel with the same specific zoning classification. Each application for a Temporary Use Permit will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
   3. Initiation of Proceedings. A request for a Temporary Use Permit may be initiated by application of the property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
   4. Application.
      1. All applications for a Temporary Use Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
      2. In addition to the general review requirements, applications for a Temporary Use Permit shall also include the following:
         1. A written narrative which includes:
            1. A description of the proposed temporary use, how it will function on the property, hours and dates of operation, and any other information necessary to fully describe the request; and
            2. An explanation of how the proposed temporary use will meet each of the criteria set forth in Section 2.4(G)(5), as well as any additional criteria that may apply for the specific use as listed in Section 9.2.
         2. A site plan of the property showing all information necessary to accurately depict how the proposed use will function on the site. Information required on the site plan shall include but not be limited to:
            1. The location of all existing and proposed structures;
            2. Driveways and parking areas;
            3. Proposed storage spaces;
            4. Natural features such as woodlands, wetlands, shorelines, etc.; and
            5. Proposed number of parking spaces, if applicable.
         3. Any other information that may be reasonably required by the City to evaluate the application.
   5. Review Criteria. Approval of a Temporary Use Permit shall only be granted once the Community Development Department has determined the use shall:
      1. Not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare;
      2. Be compatible with the principal uses taking place on the site;
      3. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
      4. Not include permanent alterations to the site;
      5. Not maintain temporary signs associated with the use or structure after the activity ends;
      6. Not violate the applicable conditions of approval that apply to a site or use on the site;
      7. Not interfere with the normal operations of any permanent use located on the property; and
      8. Contain sufficient land area to allow the temporary use, structure or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.
   6. Review.
      1. The Community Development Department is authorized to review and approve, approve with conditions, or deny a Temporary Use Permit in accordance with the procedures and standards of this Section.
      2. Upon receiving a complete application for a Temporary Use Permit, the Community Development Department shall review the application to determine its conformance with all Ordinance requirements.
      3. Applications determined to conform to the review criteria outlined in Section 2.4(G)(5) shall be approved by the Community Development Department. A notice of Temporary Use Permit approval shall be provided to the applicant that includes all conditions, comments and recommendations.
      4. Applications not conforming to the review criteria outlined in Section 2.4(G)(5) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant that includes all identified reasons for denial.
   7. Reasonable Conditions. In approving a Temporary Use Permit, the Community Development Department may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Temporary Use Permit review criteria.
   8. Effect of a Temporary Use Permit Approval. The issuance of a Temporary Use Permit shall authorize only the specific temporary use approved by the Community Development Department over the specified timeframe.
   9. Time Limit. No permit shall authorize a temporary use for more than the allowable time period indicated in Table ___ for the specific temporary use.
   10. Revocation. In the event that any of the conditions set forth in the permit are violated, the Community Development Department shall have the authority to revoke the Temporary Use Permit.
   11. Amendment.
       1. A requested Amendment to an existing Temporary Use Permit shall be processed in the same manner as a new application. An additional application fee shall be required before consideration of the amendment request.
       2. An Amendment may not alter the allowed timeframe for a temporary use if the temporary use authorized under an existing permit has already begun.
   12. Appeal. An applicant for a Temporary Use Permit may appeal the decision of the Community Development Department to the City Council per Section 2.4(H).
8. Appeal of an Administrative Decision.
   1. Purpose. This Section describes the procedures to be followed when appealing an administrative decision made under this Ordinance.
   2. Initiation of Proceedings. An appeal shall be initiated by the person aggrieved or affected by any order, decision, determination or interpretation made by the Community Development Department or other administrative official of the City charged with the administration or enforcement of this Ordinance.
   3. Application to Appeal.
      1. An appeal pursuant to this Section shall be filed in writing on an approved form.
      2. All appeals shall be made within ten (10) business days of the date of the order, decision, determination or interpretation made by the Community Development Department or other administrative official of the City.
      3. All applications for an appeal shall be in accordance with Section 2.3, General Review Procedures and Requirements.
   4. Review Criteria. An order, decision, determination or interpretation shall not be reversed or modified unless there is competent material, and substantial evidence in the record that the order, decision, determination or interpretation fails to comply with the procedural or substantive requirements, or the intent of this Ordinance or State law.
   5. Review.
      1. Planning Commission.
         1. Upon receipt of a properly completed written application for an appeal, the Community Development Department shall set a date for the public hearing and proper notice shall be issued in accordance with Section 2.3(K).
         2. A report prepared by the Community Development Department, which is accompanied by all relevant papers, documents and other materials relating to the order, decision, determination or interpretation, shall be provided to the Planning Commission prior to the meeting. These materials shall constitute the record of the appeal.
         3. Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using the review criteria outlined in Section 2.4(H)(4).
         4. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
      2. City Council.
         1. Upon receiving the recommendation of the Planning Commission including materials constituting the record of the appeal, the City Council shall consider the request using the review criteria outlined in Section 2.4 (H)(4) and take action on the request.
         2. The City Council may hold a public hearing on the request if deemed necessary.
         3. The City Council may reverse or affirm wholly or partially, or it may modify the Planning Commission’s recommendation in such form as it deems advisable.
         4. The City Council decision on the appeal shall be accompanied by findings of fact.
   6. Conditions. In granting the relief required in an appeal, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure that the requirements and purposes of this Ordinance are followed.
   7. Effect of an Appeal of an Administrative Decision.
      1. The granting of the relief required in an appeal of an administrative decision shall authorize only the order, decision, determination or interpretation that has been made by the City Council.
      2. If the appeal of an administrative decision on a building permit is made during the construction process, the decision shall be heard by the State Building Code Board of Appeals.
9. Designation of a Heritage Preservation Landmark or District
   1. Purpose. This Section describes the procedures to be followed when requesting the designation of a Heritage Preservation Landmark or District.
   2. Intent. This process is intended to identify, preserve, protect, enhance, perpetuate and use buildings, structures, areas, places and other objects having special historical interest and value to the City.
   3. Authority. The City Council will make the final decision regarding all requests for the designation of a Heritage Preservation Landmark or District upon the recommendation of the Heritage Preservation Commission.
   4. Initiation of Proceedings. A request for the designation of a Heritage Preservation Landmark or District shall be initiated by the Heritage Preservation Commission, the Planning Commission, the City Council, a property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
   5. Application. All applications for the designation of a Heritage Preservation Landmark or District shall be in accordance with Section 2.3, General Review Procedures and Requirements.
   6. Review Criteria. Approval of the designation of a Heritage Preservation Landmark or District requires that the City find that one or more of the following criteria have been met:
      1. It has character, interest or value as part of the development, heritage or cultural characteristics of the City, State of Minnesota or United States.
      2. Its location was a site of a significant historical event.
      3. It is identified with a person or persons who significantly contributed to the culture or development of the City, State of Minnesota or United States.
      4. It embodies a distinguishing characteristic of an architectural type.
      5. It is identified as the work of an architect or master builder whose individual work has influenced the development of the City or State of Minnesota.
      6. It embodies elements of architectural design, detail, materials or craftsmanship that represent significant architectural innovation.
      7. Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community or the City as a whole.
   7. Procedure for Designation. The following steps shall be completed in order to designate a Heritage Preservation Landmark or District:
      1. Designation Report. A Designation Report shall be completed and submitted to the Heritage Preservation Commission along with any supplemental information and representative photographs. The Heritage Preservation Commission or City staff may conduct the investigation and prepare the Designation Report, or it may require a person seeking such designation to conduct the investigation and prepare the Designation Report.
      2. Heritage Preservation Commission Review. The Heritage Preservation Commission shall review the Designation Report and other information, and determine if the nomination meets any of the criteria for designation as listed in Section 2.4(I)(6). In addition to these criteria, the Heritage Preservation Commission may use the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
      3. Planning Commission Review. The Heritage Preservation Commission shall request written comments from the Planning Commission regarding any proposed Heritage Preservation Landmark or District. In its review, the Planning Commission shall consider the relationship of the proposed designation to the Comprehensive Plan, the effect of the proposed designation upon the surrounding neighborhood and any other planning considerations that may be relevant to the proposed designation. Such comments shall become part of the official record and shall be submitted as part of the Heritage Preservation Commission report to the City Council.
      4. State Historic Preservation Office Review. The Heritage Preservation Commission shall forward a copy of the Designation Report, along with comments made by the Planning Commission, to the Minnesota Historical Society’s State Historic Preservation Office (SHPO) for review in accordance with Minnesota Statutes, Section 471.193, Subdivision 6, including any amendments thereto. SHPO shall review the Designation Report and provide written comments to the Heritage Preservation Commission.
      5. Heritage Preservation Commission Public Hearing.
         1. The Heritage Preservation Commission shall conduct at least one public hearing to seek the recommendations of all concerned citizens, after proper notice has been issued in accordance with Section 2.3(K). Prior to the public hearing, the Heritage Preservation Commission shall have received all available written comments on the proposed designation from the Planning Commission and SHPO.
         2. Following the hearing, the Heritage Preservation Commission shall adopt findings of fact and recommendations on the designation request using each of the review criteria outlined in Section 2.4(I)(6). Decisions on any request shall be accompanied by findings of fact.
      6. Documents Submitted to City Council. The Heritage Preservation Commission shall transmit to the City Council the following information:
         1. Heritage Preservation Commission’s written recommendation;
         2. Designation Report, including any supplemental information and representative photographs;
         3. Written comments provided by the Planning Commission; and
         4. Written comments provided by the State Historic Preservation Office.
      7. City Council Review.
         1. Upon receiving the recommendation of the Heritage Preservation Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(I)(6) and take action on the request.
         2. The City Council may hold a public hearing on the request if deemed necessary. If approved, the designation shall be made in the form of an ordinance.
         3. Decision on an application shall be accompanied by findings of fact.
      8. Notice of Designation. Within ten (10) days following the adoption of the ordinance designating a Heritage Preservation Landmark or District, the Community Development Department shall provide the owner(s) of each designated property with written notification of such designation. Such notice shall inform the owner(s) of the requirement to obtain a Certificate of Approval prior to undertaking any material change in the appearance of the designated historic property.
      9. Recording of Ordinance. The Community Development Department will record the ordinance designating the Heritage Preservation Landmark or District with the Brown County Recorder’s Office.
   8. Reasonable Conditions. In approving a designation, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the review criteria.
   9. Effect of a Designation. The designation of Heritage Preservation Landmarks and Districts, including any conditions, shall run with the land and shall not be affected by a change in ownership.
   10. Amendment. A requested amendment to an existing designation of a Heritage Preservation Landmarks or Districts shall be processed in the same manner as a new application.
   11. Rescission of Designation. Any request to have a historic designation rescinded shall be processed in accordance with the procedures and standards established for designation.
   12. National Register of Historic Places. The Heritage Preservation Commission will make no application to the National Register of Historic Places or to the Minnesota Historical Society for the designation of a Heritage Preservation Landmark or District without the consent of the City Council and prior review by the Planning Commission. Property owner(s) will be sent mailed notice at least ten (10) days prior to any City Council action to consent to such application submission by the City.
   13. Repository for Documents. The Community Development Department will keep a record of Heritage Preservation Landmarks and Districts and make the information available for public review.
   14. List of Designated Landmarks and Districts. A listing of the City’s Heritage Preservation Landmarks and Districts previously designated by the City can be found in Exhibit 1 of this Ordinance.
10. Heritage Preservation Certificate of Approval.
    1. Purpose. This Section describes the procedures to be followed when requesting a Heritage Preservation Certificate of Approval.
    2. Intent.
       1. This process is intended to protect Heritage Preservation Landmarks and Districts by providing the Community Development Department and the Heritage Preservation Commission with the authority to review and approve or deny proposed alterations to a historically designated property.
       2. A Certificate of Approval issued at a location within a zoning classification does not mean that the same Certificate of Approval can be conducted on any other parcel with the same specific zoning classification. Each application for a Certificate of Approval will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
    3. Applicability.
       1. Unless exempted by Section 2.4(J)(3)(b) below, a Certificate of Approval shall be required prior to the commencement of any of the following activities to a property designated as a Heritage Preservation Landmark or District:
          1. The reconstruction, remodeling, repair or alteration in any manner that changes the exterior appearance of the building, including its roofline.
          2. The construction of a new building or an addition to any existing structure.
          3. The relocation of a building.
          4. The demolition of any building, structure or portion thereof.
          5. The installation, modification or removal of exterior signage, awnings, shutters, canopies and similar appurtenances.
          6. A change in exterior paint color.
          7. A change in the appearance of a Heritage Preservation Landmark or District, including the construction of new walks, fences, parking facilities and other features when adjacent to or within view of a public right-of-way.
    4. Exemptions.
       1. A Certificate of Approval shall not be required for the following activities:
          1. Ordinary repairs or maintenance of any exterior architectural feature to correct deterioration, decay or damage, or to sustain the existing form, provided that such activity does not involve a material change in design, material or outer appearance of the structure.
          2. Painting to match the existing building color.
          3. Work conducted entirely within the interior of the building and which has no effect on exterior architectural features or the gross floor area of the structure.
          4. Any physical improvement within a public right-of-way, provided that the Heritage Preservation Commission is notified and given an opportunity to comment on any improvements being ordered by the City Council.
          5. Emergency repair work, as described in Section 2.4(J)(16).
          6. Demolition ordered by the City Council, a state or federal agency, or court of competent jurisdiction.
    5. Minor Classes of Work.
       1. Applications and plans for minor classes of work may be approved by the Community Development Department, as delegated and authorized by the Heritage Preservation Commission, when the work is in conformance with the review criteria as outlined in Section 2.4(J)(6). The review of minor classes of work is intended to expedite the permitting process where appropriate.
       2. In the case of the denial of a request for a minor class of work activity, the Community Development Department shall provide the applicant with written findings of fact as well as any recommendations for necessary changes to be made before the Community Development Department will reconsider the application.
       3. Any decision of the Community Development Department may be appealed to the Heritage Preservation Commission. The Heritage Preservation Commission will review the appeal request using the same procedures described in Section 2.4(J)(14).
       4. In approving a request for a minor class of work activity, the Community Development Department may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the review criteria.
    6. Initiation of Proceedings. A request for a Certificate of Approval shall be initiated by application of the property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
    7. Application.
       1. All applications for a Certificate of Approval shall be in accordance with Section 2.3, General Review Procedures and Requirements.
       2. In addition to the general review requirements, applications for a Certificate of Approval shall also include the following:
          1. A completed Heritage Preservation Design Review form;
          2. Design details and examples of proposed materials as necessary to evaluate the request; and
          3. Any other information that may be reasonably required by the City to evaluate the application.
    8. Review Criteria. All decisions of the Heritage Preservation Commission with respect to a Certificate of Approval shall give consideration to the following:
       1. The historic and architectural significance of the resource and its relationship to the historical integrity of the surrounding area.
       2. The general compatibility of the architectural style, arrangement, texture, color, arrangement of color, and materials used on existing and proposed structures with the character of the property under consideration.
       3. Any applicable design guidelines adopted by the Heritage Preservation Commission.
       4. Secretary of the Interior’s Standards for the Treatment of Historic Properties.
       5. Before approving a Certificate of Approval that involves demolition or removal, in whole or in part, of any Heritage Preservation Landmark or District, the Heritage Preservation Commission shall make findings that the demolition is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the demolition. In determining whether reasonable alternatives exist, the Heritage Preservation Commission shall consider the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses.
    9. Review. The following steps shall be completed in order to obtain a Certificate of Approval for a Heritage Preservation Landmark or District:
       1. Application materials are submitted by the appropriate party as described in Section 2.4(J)(5).
       2. The Community Development Department reviews the application and related documents.
       3. For non-exempt activities, the Community Development Department forwards the application and related documents to the Heritage Preservation Commission.
       4. The Heritage Preservation Commission reviews and approves or denies the Certificate of Approval.
       5. The Community Development Department notifies the applicant of the Heritage Preservation Commission’s decision.
       6. If required, the property owner or authorized representative applies for a Building Permit or other required permit.
       7. The Community Development Department issues the appropriate permit upon the authorization of a Certificate of Approval. When issued, a Certificate of Approval shall become part of the Building Permit.
    10. Alternative Review Process.
        1. The Heritage Preservation Commission may, but is not required to, delegate to a subcommittee of the Heritage Preservation Commission, or to the Community Development Department, its power to review and recommend approval or denial of an application for a Certificate of Approval.
        2. Such recommendation shall be based on the proposed action's compliance with applicable design guidelines adopted by the Heritage Preservation Commission and/or the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
        3. The Heritage Preservation Commission shall review the application and such plans as were submitted and the recommendation of its subcommittee or designated official, if applicable, and shall render its decision.
        4. The Community Development Department shall not issue any approved permit until after the 10-day appeal period, as provided for in Section 2.4(J)(14).
    11. Reasonable Conditions. In authorizing a Certificate of Approval, the Heritage Preservation Commission may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Certificate of Approval review criteria.
    12. Decision on Request. The decision on the request for a Certificate of Approval by the Heritage Preservation Commission shall provide the applicant with written findings of fact as well as any recommendations for necessary changes to be made before the Heritage Preservation Commission will reconsider the application.
    13. Effect of a Certificate of Approval.
        1. The issuance of a Certificate of Approval shall authorize only the proposed alterations approved by the City.
        2. A Certificate of Approval, including any conditions, shall run with the land and shall not be affected by a change in ownership.
    14. Subsequent Development. Development authorized by the Certificate of Approval shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other regulations. The granting of a Certificate of Approval does not constitute, imply or guarantee the granting of any other such required approval (e.g., a Building Permit).
    15. Time Limit.
        1. Unless otherwise specified in the Certificate of Approval, substantial development or construction must be completed within six (6) months of the date of the Certificate of Approval authorization. Failure to do so will invalidate the Certificate of Approval. Permitted timeframes do not change with successive owners.
        2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
    16. Appeal.
        1. The applicant or any party aggrieved by the decision of the Heritage Preservation Commission shall, within ten (10) days of the date of the Community Development Department’s notice, have a right to appeal such decision to the City Council.
        2. Such appeal shall be addressed to the City Council and submitted to the Community Development Department. Two copies of a notice of appeal and statement of reasons setting forth the grounds for the appeal shall be submitted by the appealing party. The Community Development Department shall deliver one copy of the notice of appeal and statement to the City Council and one copy to the Heritage Preservation Commission.
        3. The City Council may modify or overrule the Heritage Preservation Commission decision, but only if the project is found to be consistent with any applicable design guidelines adopted by the Heritage Preservation Commission and/or the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
    17. Failure to Act. If, within forty-five (45) days of receipt of the application by the Heritage Preservation Commission, it has neither approved nor denied the application, the applicant may request that such plans and application be reviewed by the City Council. If approved by the City Council, and if all other requirements of the City have been met, the Community Development Department shall issue a permit for the proposed work.
    18. Emergency Repair.
        1. In emergency situations where immediate repair is needed to protect the safety of the structure, a neighboring structure or any persons, the Community Development Department may, without Heritage Preservation Commission action, approve the repair of only those items needed to ensure safety.
        2. In the case of a permit issued for emergency repair, the Community Development Department shall require that such repairs be made in conformance with any applicable design guidelines adopted by the Heritage Preservation Commission and the Secretary of the Interior’s Standards for the Treatment of Historic Properties to the greatest extent possible.
        3. In addition, the Community Development Department shall immediately notify the Heritage Preservation Commission of the action and specify the facts or conditions constituting the emergency situation.
    19. Amendment.
        1. Minor Changes. Minor changes to a Certificate of Approval following Heritage Preservation Commission approval may be authorized by the Community Development Department when it is determined that the changes are not significant and are consistent with the approval made by the Heritage Preservation Commission.
        2. Other Changes. Changes to a Certificate of Approval, other than those determined by the Community Development Department to be minor, shall require an amendment to the Certificate of Approval by the Heritage Preservation Commission. The requirements for application and approval of a certificate amendment shall be the same as the requirements for original approval.
    20. Alternative Solutions.
        1. This Section is intended to encourage the sensitive rehabilitation, restoration, stabilization and/or preservation of historic buildings throughout the City. These rehabilitation and preservation efforts should provide for the upgrading and maintenance of the safety features of the building or structure in order to provide a practical level of safety to the public and surrounding properties. While ensuring this increased level of public safety, the Heritage Preservation Commission shall be open to acceptable alternative solutions and alternative compliance concepts, where practical, that will permit the continued use of existing buildings and structures without creating overly restrictive financial burdens on owners or occupants.
           1. Nothing in this Section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure as required by the City Code.
    21. Priority of Regulations. To the extent that this Section or any ruling or requirement of the Heritage Preservation Commission conflicts with any other provision of the City Code or applicable state, federal, or local rules or regulations, including building and fire codes, the following shall apply:
        1. All state, federal, or local rules or regulations which relate to safety issues and the preservation or protection of life or property shall take priority over any conflicting provision in this Section or ruling or requirement of the Heritage Preservation Commission; and
        2. As to non-safety related regulations within this Chapter, the same may be modified through the Variance process in Section 2.4(C).
11. Historic Building Conditional Use Permit.
    1. Purpose. This Section describes the procedures to be followed when requesting a Historic Building Conditional Use Permit.
    2. Intent. This process is intended to allow a structure of historical significance, which has been or is being used in a manner that does not conform to the provisions of this Chapter, to be used for other specified uses that meet identified and reasonable standards established within this Section.
    3. Applicability.
       1. A structure shall be deemed to be of historic significance if it has been accepted for registration on the National or State Historic Registers, or if it has been designated as a Heritage Preservation Landmark or District by the City Council.
       2. Any use which is allowed as a permitted use in the R-1, R-2, R-3 or B-1 zoning districts, or which is of the same or less intensity than that nonconforming use for which the structure was or is being used, may be conditionally permitted. The conditional use shall in all respects conform to the restrictions and requirements of this Ordinance for the zoning classification consistent with the proposed conditional use, except as such restrictions or requirements are modified by such Variances as may be granted.
    4. Initiation of Proceedings. A request for a Historic Building Conditional Use Permit shall be initiated by application of the property owner or an authorized representative of an owner pursuant to Section 2.3(D), Authority to File Applications.
    5. Application.
       1. All applications for a Historic Building Conditional Use Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
       2. In addition to the general review requirements, applications for a Historic Building Conditional Use Permit shall also include the following:
          1. A written narrative which includes:
             1. A description of the proposed conditional use, how it will function on the property and any other information necessary to fully describe the request.
             2. An explanation of how the proposed conditional use will meet each of the review criteria set forth in Section 2.4(K)(6), as well as any additional criteria that may apply for the specific use as listed in Section 9.2.
             3. A map showing the general location of the proposed use within the community.
             4. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the City can determine whether the proposed use will conform to all City Code standards. Such information may include, but shall not be limited to, the following:
                1. Site Plan drawn to scale showing parcel and existing topography;
                2. Location of all buildings and the size of each, including square footage;
                3. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
                4. Natural features such as woodlands, wetlands, shorelines, etc;
                5. Landscaping and screening plans, including species and size of trees and shrubs proposed;
                6. Proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated;
                7. Type of business or activity and proposed number of employees;
                8. Building elevation drawings of any construction or building renovation proposed;
                9. Proposed floor plan and elevations of any building with use indicated;
                10. Proposed outdoor storage spaces, if applicable;
                11. Signage plan.
       3. If deemed necessary by the Community Development Department, a land survey may be required to be submitted with the application in addition to or in lieu of a site plan.
       4. Any other information that may be reasonably required by the City to evaluate the application.
    6. Review Criteria. Approval of a Historic Building Conditional Use Permit application requires that the City consider the following criteria:
       1. The age, appearance and structural integrity of the structure;
       2. The historical significance and previous use of the structure since its construction, and the desirability of maintaining its existence;
       3. The likelihood that the structure could be preserved and used in a manner conforming to the underlying zoning classification without the issuance of a Conditional Use Permit;
       4. The nature and extent of any rehabilitation planned for the structure and the likelihood that the same will enhance or diminish the historical significance of the structure;
       5. The likely impact of the proposed use on the health, safety and comfort of the surrounding properties;
       6. The number and nature of Variances required for the proposed use; and
       7. The Conditional Use Permit review criteria listed in Section 2.4(D)(5).
    7. Review.
       1. Heritage Preservation Commission.
          1. Before any Historic Building Conditional Use Permit is approved, the Heritage Preservation Commission shall discuss the proposal and then adopt findings and recommendations using each of the review criteria outlined in Section 2.4(D)(5) and Section 2.4(K)(6), and any specific criteria outlined for the specific use in Section 9.2.
          2. Recommendations shall be supported by findings of fact.
          3. The Community Development Department may forward an application to the City Council without a recommendation from the Heritage Preservation Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
       2. Planning Commission.
          1. Before any Historic Building Conditional Use Permit is approved, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(K).
          2. Following the hearing, the Planning Commission shall adopt findings of fact and recommendations using each of the review criteria outlined in Section 2.4(D)(5) and Section 2.4(K)(6), and any specific criteria outlined for the specific use in Section 9.2.
          3. Recommendations shall be supported by findings of fact as to how the request did not meet one or more of the review criteria.
          4. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
       3. City Council.
          1. Upon receiving the recommendation of the Planning Commission and Heritage Preservation Commission, the City Council shall consider the request using each of the review criteria outlined in Section 2.4(D)(5) and Section 2.4(K)(6), and any specific criteria outlined for the specific use in Section 9.2, and take action on the request.
          2. The City Council may hold a public hearing on the request if deemed necessary.
          3. The City Council may approve the Historic Building Conditional Use Permit or any part thereof in such form as it deems advisable. A decision on any request shall be accompanied by findings of fact.
    8. Reasonable Conditions. In approving a Historic Building Conditional Use Permit, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Historic Building Conditional Use Permit review criteria.
    9. Effect of a Historic Building Conditional Use Permit Approval.
       1. The issuance of a Historic Building Conditional Use Permit shall authorize only the improvements and changes approved by the City Council.
       2. A Historic Building Conditional Use Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
    10. Subsequent Development. Development authorized by the Historic Building Conditional Use Permit shall not be carried out until the applicant has secured all other approvals required by this Ordinance or any other applicable regulations. The granting of a Historic Building Conditional Use Permit does not constitute, imply or guarantee the granting of any other such required approval (e.g., a Building Permit).
    11. Time Limit.
        1. Unless otherwise specified in the Historic Building Conditional Use Permit, the operation of the use and/or issuance of Building Permits for permitted structures shall begin within six (6) months of the date of the Historic Building Conditional Use Permit approval. Failure to do so will invalidate the Historic Building Conditional Use Permit. Permitted timeframes do not change with successive owners.
        2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
        3. If a use operating pursuant to an approved Historic Building Conditional Use Permit is discontinued for a period of at least six (6) months, any further use of the property shall conform to the requirements of this Ordinance. A discontinued conditional use shall not begin operations again without first obtaining approval of a new Historic Building Conditional Use Permit.
    12. Revocation. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the Historic Building Conditional Use Permit. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with Section 2.3(K). Following the hearing, the City Council may revoke the Historic Building Conditional Use Permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.
    13. Review as a Condition of Approval. If a review is imposed as a condition of the granting of a Historic Building Conditional Use Permit, the permit shall be reviewed by the Planning Commission at a public hearing within thirty (30) days of the date established for the review period. Notice of the public hearing shall be distributed as provided for in Section 2.3(K) of this Chapter, and the permit holder shall be notified at least ten (10) days prior to the hearing.
    14. Amendment. A requested amendment to an existing Historic Building Conditional Use Permit shall be processed in the same manner as a new application.
    15. Recording. The applicant shall pay the cost to record the Historic Building Conditional Use Permit with the Brown County Recorder’s Office.
12. Building Permit.
    1. Purpose. The purpose of a building permit is to provide minimum construction standards established by the Minnesota State Building Code. These minimum construction standards provide safeguards for life, health, property and welfare by regulating design, construction, materials, use and the type of occupancy of all buildings.
    2. Intent. This process is intended to meet the following objectives:
       1. To provide for the administration and enforcement of the adopted building code.
       2. To ensure that a project is constructed according to nationally recognized standards to protect properties from structural collapse, fire and other life-safety issues.
       3. To ensure that a project meets zoning requirements such as lot coverage, setbacks and building height.
    3. Applicability.
       1. No person, firm or corporation shall erect, alter, construct, enlarge, expand, repair, move, improve, convert, demolish, equip, use, occupy or maintain any building, structure or portion thereof, within the City until a Building Permit or other required permits have been issued by the Community Development Department.
       2. No Building Permit or other permit pertaining to the use of land or buildings shall be issued unless such building is designed and arranged to conform to the provisions of this Ordinance and Chapters 10 thru 12 of the City Code.
    4. Exemptions.
       1. Building Permits shall not be required for those structures and improvements specifically exempted by the adopted building code as may be amended.
       2. Building Permits shall not be required for an alteration costing less than $1,000 if no structural change is made to the building.
    5. Initiation of Proceedings. A request for a Building Permit shall be initiated by application of the property owner or licensed contractor to file an application pursuant to Section 2.3(D), Authority to File Applications.
    6. Application.
       1. All applications for a Building Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
       2. Applications for a Building Permit shall be made to the Community Development Department on forms provided by the City.
       3. An application for a Building Permit includes a request for a Certificate of Occupancy unless not required by the Community Development Department.
       4. In addition to the general review requirements, applications for a Building Permit involving new or altered use of land shall be accompanied by a site plan. All plans must be drawn to scale and show the following:
          1. Actual dimensions of the lot(s) to be built upon.
          2. Location and size of the structure.
          3. Improvement or use to be erected, altered or placed.
          4. Location of required off-street parking and loading areas, size of yards and open spaces, existing and proposed streets and alleys adjoining or within the lot.
          5. Any other information that may be reasonably required by the Community Development Department to evaluate the application.
    7. Review Criteria.
       1. The Community Development Department shall review all Building Permit applications for conformance to City Code requirements.
       2. A Building Permit shall be issued only after determining that the building plans, together with the application, comply with the terms of this Ordinance and Chapters 10 thru 12 of the City Code.
    8. Review.
       1. The Community Development Department is authorized to review and approve, approve with conditions, or deny a Building Permit in accordance with the procedures and standards of this Section.
       2. Upon receiving a complete application for a Building Permit, the Community Development Department shall review the application and plans to determine their conformance with all Ordinance and building code requirements.
       3. Applications determined to conform to the review criteria outlined in Section 2.4(L)(7) shall be approved by the Community Development Department. A notice of Building Permit approval shall be provided to the applicant that includes all conditions, comments and recommendations.
       4. Applications not conforming to the review criteria outlined in Section 2.4(L)(7) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant that includes all identified reasons for the denial.
    9. Reasonable Conditions. In approving a Building Permit, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Building Permit review criteria.
    10. Effect of a Building Permit Approval. The issuance of a Building Permit shall authorize only the improvements and activities approved by the Community Development Department.
    11. Time Limit.
        1. All improvements and activities authorized by a Building Permit are subject to the time limitations described in the Minnesota Administrative Rules, Chapter 1300, Part 0120, as amended.
        2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
    12. Amendment. A requested amendment to an existing Building Permit shall be processed in the same manner as a new application.
    13. Unauthorized Work. Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately stopped and subject to penalties described in the City Code. Structures being built out of conformance shall be brought into conformance.
    14. Flood Plain.
        1. In the case of flood plain areas, elevations and locations of the following must be shown: lot, existing or proposed structures, fill, storage of material, stream channel, and floodway and flood fringe boundaries.
        2. Upon completion of a project, a licensed professional engineer shall certify to the City that the project and any structures on the property have been constructed in compliance with the building plans.
    15. Appeal. An applicant for a Building Permit may appeal the decision by Community Development Department on the application process to the City Council per Section 2.4(H). An appeal of the decision made by the Community Development Department during the construction process shall be heard by Minnesota State Building Code Board of Appeals.
13. Certificate of Occupancy.
    1. Purpose. This Section describes the procedures to be followed when requesting a Certificate of Occupancy.
    2. Intent. This process is intended to establish the requirements for City approval prior to the use or occupancy of new or altered buildings or structures, or prior to a change in use within an existing structure. Issuance of a Certificate of Occupancy signifies that the scope of work authorized by a Building Permit issued by the City complies with all code requirements and all provisions of this Ordinance.
    3. Applicability.
       1. No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied, or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy is issued by the Community Development Department stating that the scope of work authorized by a Building Permit issued by the City complies with all provisions of this Ordinance.
       2. No change in use of an existing building or structure shall occur until a Certificate of Occupancy is issued by the Community Development Department stating that the scope of work authorized by a Building Permit issued by the City complies with all provisions of this Ordinance.
    4. Initiation of Proceedings. A Certificate of Occupancy may be requested verbally or in writing by a property owner, contractor, architect, engineer or other person having authority to make such a request.
    5. Application. A request for a Certificate of Occupancy for a new or altered building shall be made to the Community Development Department as part of the application for a Building Permit.
    6. Review Criteria.
       1. The Community Development Department shall review all requests for a Certificate of Occupancy.
       2. No Certificate of Occupancy shall be issued for any new or altered building until all required improvements and conditions of approval have been satisfied.
    7. Review.
       1. The Community Development Department is authorized to review and approve, approve with conditions, or deny a Certificate of Occupancy in accordance with the procedures and standards of this Section.
       2. Upon receiving a request for a Certificate of Occupancy, the Community Development Department shall review the scope of work to determine its conformance with this Ordinance.
       3. A scope of work determined to conform with Ordinance requirements shall be approved by the Community Development Department. A notice of Certificate of Occupancy approval shall be provided to the applicant that includes all conditions, comments and recommendations.
       4. A scope of work not conforming with Ordinance requirements shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant that includes all identified reasons for denial.
    8. Issuance. A Certificate of Occupancy will be issued within ten (10) days after the Community Development Department has completed a final inspection and has found that the scope of work authorized by a Building Permit issued by the City conforms with all code requirements.
    9. Repository for Documents. A record of all Certificates of Occupancy shall be kept on file in the Community Development Department, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or affected lot.
    10. Temporary Occupancy Permit. Pending the issuance of a Certificate of Occupancy, the Community Development Department may issue a temporary Certificate of Occupancy for a period not to exceed six (6) months. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or the occupancy of the premises or any other matter, except under such restrictions and provisions as will adequately ensure the safety of the occupants.
    11. Appeal. An applicant for a Certificate of Occupancy may appeal the decision of the Community Development Department to the State Building Code Board of Appeals.
14. Sign Permit.
    1. Purpose. This Section describes the procedures to be followed when requesting a Sign Permit.
    2. Intent. This process is intended to meet the following objectives:
       1. To provide for the orderly and harmonious display of signs within the community.
       2. To aid in the identification of properties and enterprises for the convenience of the public.
       3. To avoid the erection of displays which produce detrimental or injurious effects upon adjacent properties and to the natural beauty of the environment.
       4. To provide for the safety of the traveling public by limiting distractions, hazards and obstructions.
       5. To minimize visual clutter and encourage a positive visual environment.
       6. To promote the mental and physical health, safety and welfare of the public.
    3. Initiation of Proceedings. A request for a Sign Permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(D), Authority to File Applications.
    4. Application.
       1. All applications for a Sign Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
       2. In addition to the general review requirements, applications for a Sign Permit shall also include the following:
          1. Name and address of the applicant and owner of the property.
          2. Name and address of the party responsible for the installation of the sign(s).
          3. The street address(es) at which the sign(s) are to be erected.
          4. The legal description of the property where the sign(s) are to be erected.
          5. The proposed location of the sign on the property.
          6. Type and size of sign(s) (e.g., wall sign, pylon sign).
          7. A Site Plan (or survey if required by the Community Development Department) which is to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features.
          8. Plans, location and specifications, and method of construction and attachment to the buildings or placement method on the ground, distance from the ground to the sign, and projection over a public sidewalk or right-of-way.
          9. Total amount and location of existing signage on the property.
          10. Copy of sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City, if required.
          11. Any other information that may be reasonably required by the City to evaluate the application.
    5. Review Criteria. Approval of a Sign Permit application shall be based on the following criteria:
       1. Whether the proposed sign is consistent with all the requirements of this Chapter and the City Code;
       2. Whether the proposed sign is in compliance with the applicable zoning district and overlay district regulations; and
       3. Whether the proposed sign meets all the requirements or conditions of any applicable development approvals or agreements.
    6. Review.
       1. The Community Development Department is authorized to review and approve, approve with conditions, or deny a Sign Permit in accordance with the procedures and standards of this Section.
       2. Applications determined to conform to the review criteria outlined in Section 2.4(N)(5) shall be approved by the Community Development Department. A copy of the approved permit shall be provided to the applicant that includes all conditions, comments and recommendations.
       3. Applications not conforming to the review criteria outlined in Section 2.4(N)(5) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant that includes all identified reasons for denial.
    7. Heritage Preservation Sign.
       1. A request for a Sign Permit for a property designated as a Heritage Preservation Landmark or District must be considered by the Heritage Preservation Commission.
       2. The approval process for this type of request is outlined in Section J, Heritage Preservation Certificate of Approval.
       3. A Sign Permit application for this type of property will not be considered for approval until the application has completed the Heritage Preservation Commission approval process.
    8. Reasonable Conditions. In approving a Sign Permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Sign Permit review criteria.
    9. Effect of a Sign Permit Approval.
       1. The issuance of a Sign Permit shall authorize only the installation or replacement of signage approved by the Community Development Department.
       2. A Sign Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
    10. Time Limit.
        1. Failure to install the approved signage within six (6) months of the date of approval will invalidate the permit.
        2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
    11. Amendment. All requested amendments to an existing Sign Permit shall be processed in the same manner as a new application.
    12. Appeal. An applicant for a Sign Permit may appeal the decision of the Community Development Department to the City Council per Section 2.4(H).
15. Fence Permit.
    1. Purpose. This Section describes the procedures to be followed when requesting a Fence Permit.
    2. Intent. This process is intended to regulate the materials, location, height and maintenance of fences and similar structures to ensure a compatible relationship between abutting properties and the community at large, and to safeguard public health, safety and welfare.
    3. Applicability. A Fence Permit is required for the construction, replacement or erection of any fence that is taller than 30 inches in height and 20 feet in length and located within a setback area.
    4. Initiation of Proceedings. A request for a Fence Permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(D), Authority to File Applications.
    5. Application.
       1. All applications for a Fence Permit shall be in accordance with Section 2.3, General Review Procedures and Requirements.
       2. In addition to the general review requirements, applications for a Fence Permit shall also include the following:
          1. Name and address of the applicant and owner of the property.
          2. Name and address of the party responsible for the installation of the fence.
          3. The street address(es) at which the fence is to be erected.
          4. Type and size of fence.
          5. A Site Plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed fences and any other physical features.
          6. Plans, location on the property, specifications, method of construction, attachment to the buildings, if applicable, and placement method on the ground.
          7. Any other information that may be reasonably required by the City to evaluate the application.
    6. Review Criteria. Approval of a Fence Permit application shall be based on the following criteria:
       1. Whether the proposed fence and fence location are consistent with all the requirements of this Ordinance and the City Code;
       2. Whether the proposed fence meets all the requirements or conditions of any applicable development approvals or agreements.
    7. Review.
       1. The Community Development Department is authorized to review and approve, approve with conditions, or deny a Fence Permit in accordance with the procedures and standards of this Section.
       2. Applications determined to conform to the review criteria outlined in Section 2.4(O)(6) shall be approved by the Community Development Department. A copy of the approved permit shall be provided to the applicant that includes all conditions, comments and recommendations.
       3. Applications not conforming to the review criteria outlined in Section 2.4(O)(6) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant that includes all identified reasons for denial.
    8. Reasonable Conditions. In approving a Fence Permit, the Community Development Department may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Fence Permit review criteria.
    9. Effect of a Fence Permit Approval.
       1. The issuance of a Fence Permit shall authorize only the installation or replacement of the fence approved by the Community Development Department.
       2. A Fence Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
    10. Time Limit.
        1. Failure to install the approved fence within six (6) months of the date of approval will invalidate the permit.
        2. Upon written request, one extension of six (6) months may be granted by the Community Development Department if the applicant can show good cause.
    11. Amendment. All requested amendments to an existing Fence Permit shall be processed in the same manner as a new application.
    12. Appeal. An applicant for a Fence Permit may appeal the decision of the Community Development Department to the City Council per Section 2.4(H).