This article shall be administered and enforced by the Community Development Director who shall act as the Planning Director.

(Code 1996, §.48.010)

The planning director shall enforce the provisions of this article and shall perform the following duties:

1. Manage the Planning Agency (as defined by Sec 2-202);
   
2. Maintain permanent and current records of this article, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor;
   
3. Receive, file and forward all applications for appeals, variances, conditional uses and other matters to the designated official bodies;
   
4. Prepare staff reports, and compile and communicate the Planning Commission's findings and recommendations for consideration and possible action by the City Council;
   
5. Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law.
   

(Code 1996, § 17.48.020)

1. Scope. From and after the effective date of this article, it shall be unlawful to proceed with the construction, structural alteration, or enlargement (including structural changes, furnace, and/or woodburning appliance installation, and plumbing relocation), or removal of any building or structure, or part thereof, without first obtaining a building permit. Fences shall require a locate/site permit.
   
2. Application. Request for a building permit shall be filed with the building official on an official application form. Each application for a permit shall be accompanied by a site and floor plans drawn to scale showing the dimensions of the lot to be built upon. The size and location of all principal and accessory buildings and parking areas, and such additional information deemed necessary for the proper review and enforcement of this chapter and any other applicable building codes. The fee for a building permit shall be based upon a fee schedule approved by the city council.
   
3. Issuance of permit. The building official shall issue the building permit only when the plans comply with this chapter and other applicable city ordinances.
   
4. Lapse of building permit. Whenever within one year after granting a building permit the work as permitted by the permit shall not have been completed, then such permit shall become null and void unless a petition for extension shall be requested in writing and filed with the building official before the expiration of the original building permit.
   

(Code 1996, § 17.48.030; Ord. No. 153-10, § 1, 8-9-2010)

1. To defray administrative costs of processing of requests for conditional uses, amendments, variances or appeals, the city council shall set a base fee for application.
   
2. In order to defray the additional cost of processing subdivision applications and developments, all applicants shall pay the total cost of consulting time spent exclusively in producing materials for the applicant's request, and all materials for the request.
   
   1. Materials shall include, but not be limited to, maps, graphs, charts, drawings, etc., and all printing or reproduction of same.
      
   2. Consulting time shall include any time spent in either researching for or actual production of materials, all inspections for development of public utilities including but not limited to sewer, water, streets and storm sewer, and all costs of any kind which require an outlay by the city, for the direct benefit to the developer.
   3. The costs associated for engineer, attorney, or consultants will be charged on an actual cost basis. The hourly rate for the consulting time shall be established and made available to the applicant by the planning director prior to production of any materials.
      
3. Fees shall be payable at the time applications are filed with the planning director or city administrator and are not refundable unless application is withdrawn prior to public notice. A deposit to cover consulting time, special materials and related direct expenses, will be established and required by the planning director or city administrator at the time the base fee is paid.
   

(Code 1996, § 17.48.040; Ord. No. 153-10, § 1, 8-9-2010)

In requests for amendments and conditional use permits, the planning commission shall act in its capacity as the planning commission of the city. The planning commission shall have the following duties:

1. To hear the recommended requests for amendments and conditional use permits consistent with the provisions of this division;
   
2. To hear appeals and make recommendations where it is alleged that there is an error in any order, requirement, decisions or determination made by an administrative official in the enforcement of this division;
   
3. To hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration.
   
   The planning commission is only advisory, the city council shall either approve or deny all requests.
   

(Code 1996, § 17.50.010; Ord. No. 153-10, § 1, 8-9-2010)

1. Definition and purpose.
   
   1. An interim use is a temporary use of property until a particular date or until the occurrence of a particular event.
      
   2. The purposes for allowing interim uses are:
      
      1. To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction;
         
      2. To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district;
         
      3. To allow a use that is seasonal in nature; or
         
      4. To allow a use for a limited period of time that reasonably uses the property where it is not reasonable to use it in the manner otherwise provided in the zoning ordinance or comprehensive plan.
         
2. Permit required. It is unlawful to use any structure or land for any purpose requiring an interim use permit in the zoning district in which the property is located without first obtaining an interim use permit from the city. Where applicable, a building permit also must be obtained from the city.
   
3. Application. An application for an interim use permit must meet the provisions for a conditional use permit application listed in section 66-63 and in addition, must contain the following:
   
   1. Written documentation that includes a complete description of the use, schedule for commencement and termination of the use, hours and dates of operation and anticipated employment;
      
   2. Site plan drawn to scale showing parcel and existing topography;
      
   3. Location of all buildings and the size of each, including square footage;
      
   4. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
      
   5. Natural features such as woodlands, wetlands, shorelines, etc.;
      
   6. Landscaping and screening plans, including species and size of trees and shrubs proposed;
      
   7. Proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated;
      
   8. Proposed floor plan and elevations of any building with use indicated;
      
   9. Proposed outdoor storage spaces (if applicable); and
      
   10. Any special studies requested by the planning director or other city staff when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. These studies may examine the impacts on such things as traffic, environment, wetlands, and utilities.
       
4. Procedure. The city will process an interim use application in accordance with the procedure for conditional use permits in section 66-63. No application for an interim use permit that has been denied wholly or in part may be resubmitted for a period of one year after the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the city council.
   
5. General standards. The city will not grant an interim use permit unless the city council determines that the use will meet the following:
   
   1. The findings of fact listed in section 66-64 and the conditions of approval listed in section 66-66 will be met;
      
   2. The use will not be in conflict with any provisions of the City Code on an ongoing basis;
      
   3. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located;
      
   4. The property on which the use will be located is currently in compliance with all applicable City Code standards;
      
   5. The use is allowed as an interim use in the applicable zoning district;
      
   6. The date or event that will terminate the use can be identified with certainty;
      
   7. The use will not impose additional unreasonable costs on the public; and
      
   8. The applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination.
      
6. Effect of permit.
   
   1. An interim use permit is effective only for the location specified in the application.
      
   2. The issuance of an interim use permit does not confer on the property any vested right.
      
7. Termination.
   
   1. An interim use permit expires and the interim use must terminate at the earlier of:
      
      1. The expiration date in the interim use permit;
         
      2. The occurrence of any event identified in the interim use permit for the termination of the use;
         
      3. The city council revoking the interim use permit for cause; or
         
      4. The redevelopment of the use and property upon which the interim use permit is located to a permitted or conditional use as allowed within the respective zoning district.
         
   2. An interim use permit expires one year after city council approval if the proposed use has not started or if the city has not issued a building permit for a structure to support the interim use. The city may approve one one-year administrative time extension for the owner or operator to start using an interim use permit.
      
   3. An interim use permit expires if the interim use ceases operation for a continuous period of at least one year.
8. Revocation or modification. The city council may review an interim use permit periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the State of Minnesota or any city ordinance. If the city discovers after approval of the interim use permit that the city's decision was based at least in part on false, misleading, or fraudulent information, the city council may revoke the permit, modify the conditions or impose additional conditions to ensure compliance with this section. The procedure for revocation of an interim use permit will be the same as those specified in the City Code for the revocation of other city council approved zoning and land use decisions.
   
9. Amendment. Holders of an interim use permit may propose amendments or changes to an approved permit by following the procedures for a new permit as set forth in the City Code. No owner or operator shall undertake significant changes in the circumstances of the scope of the permitted uses without the approval of the changes by the city council. The city shall determine what constitutes a significant change. Significant changes include, but are not limited to, expansion of structures and/or the premises and operational modification resulting in increased external activities and traffic. The city council may approve significant changes and modifications to interim use permits, including adding or changing conditions of approval.
   

(Ord. No. 210-14, § 1, 7-14-2014)

1. Request for variances, appeals, amendments or conditional use permits, as provided within this division, shall be filed with the planning director on an official application form. Such application shall be accompanied by a fee as outlined in section 66-44 et seq. This fee shall not be refunded. Such application shall also be accompanied by complimentary copies of detailed written and graphic materials fully explaining the proposed request. The planning director shall refer the application, along with all related information, to the city planning agency for consideration.
   
2. The planning director, on behalf of the planning agency, shall set a date for a public hearing to be held by the planning commission. Notice of such hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing. Such notice shall also be mailed not less than ten days prior to all property owners of record according to the county assessment records within 350 feet of the property to which the request related. If the request relates to property located within the SL shoreland management overlay district or FP floodplain management overlay district, the notice shall be mailed to the commissioner of the state department of natural resources or his authorized agent at least ten days prior to such hearings. A copy of the notice and a list of the property owners and addresses to which the notices was sent shall be attested to by the planning director or city administrator and made part of official record. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.
   
3. The planning commission shall consider the request and hold a public hearing at its next regular meeting unless the filing date falls within 21 days of the meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The planning director shall refer the application, along with all related information, to the city planning commission for consideration. The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.
   
4. The planning agency and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
   
5. Following the public hearing, the planning commission shall make a finding of fact and recommend such actions or conditions relating to the request to the planning agency, which will further recommend such actions or conditions relating to the request as it deems appropriate to the city council. Such recommendations and findings shall be entered in and made a part of the written record of the commission's meeting.
   
6. Upon receiving the report and recommendation of the planning agency, the city council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.
   
7. Upon receiving the report and recommendation of the planning agency, the city council shall either:
   
   1. Approve or disapprove the request as recommended by the planning agency;
      
   2. Approve or disapprove the recommendation of the planning agency with modifications, alterations or differing conditions. Such modifications, alterations or differing conditions shall be in writing and made part of the city council's records; or
      
   3. Refer the recommendation back to the planning agency for further consideration. This procedure shall be followed only one time on a singular action.
      
      Approval of the request shall require passage by super majority vote of the full city council for rezoning from residential to commercial or industrial and comprehensive plan amendments. A majority vote of the city council in attendance is required for all other decisions. The planning director or city administrator shall notify the applicant of the city council's action in writing; and if the action relates to land located within the SL shoreland management overlay district or FP floodplain management overlay district to the commissioner of the state department of natural resources or his authorized representative within ten days of the final decision.
      
8. The decisions of the planning agency shall be advisory to the city council. The decisions of the city council shall be final subject to judicial review.
   

(Code 1996, § 17.50.020; Ord. No. 153-10, § 1, 8-9-2010)

In considering all requests for variances, appeals, amendments or conditional use permits, the planning agency and the city council shall make a finding of fact. Its judgment shall be based upon, but not limited to, the following factors:

1. Relationship to the city's comprehensive plan;
   
2. The geographical area involved;
   
3. The character of the surrounding area;
   
4. The availability and design capacities of existing or proposed utilities;
   
5. Whether such a request will tend to or actually depreciate the surrounding area;
   
6. Whether the request will place an undue financial burden on the city;
   
7. Whether the request will impair an adequate supply of light and air to adjacent property;
   
8. Whether the request will unreasonably increase the congestion in the public right-of-way;
   
9. Whether the request will increase the danger of fire or endanger the public safety;
   
10. Whether the request is consistent with the spirit and intent of this division.
    

(Code 1996, § 17.50.030)

1. The planning commission and the city council may not permit as a variance any use that is not permitted under this division for property in the zone where the affected person's land is located. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property. Variances shall only be permitted:
   
   1. When they are in harmony with the general purposes and intent of the ordinance; and
      
   2. When the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance.
      
      "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 the zoning ordinance;
         
      2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
         
      3. The variance, if granted, will not alter the essential character of the locality.
         
         Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
         
2. The board of adjustment and appeals, the city council acting as the board of adjustment and appeals, may impose conditions in granting the variance to insure compliance and to protect adjacent properties.
   

(Code 1996, § 17.50.040; Ord. No. 153-10, § 1, 8-9-2010; Ord. No. 171-11, § 2, 11-14-2011)

1. In approving requests for variances, appeals, amendments or conditional use permits, the planning agency and the city council may require certain conditions upon approval of the request. Such conditions for approval may include the following, when applicable:
   
   1. The land area and setback requirements of the property containing such a use or activity shall be the minimum established for the district;
      
   2. When abutting a residential use in a residential district, the property shall be screened and landscaped in compliance with section 66-970 et seq.;
      
   3. Where applicable, all city, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured;
      
   4. All signs shall be in compliance with section 66-821 et seq. and shall not adversely impact adjoining or surrounding residential uses;
      
   5. Adequate off-street parking and loading shall be provided in accordance with section 66-848 et seq. Such parking and loading shall be screened and landscaped from abutting residential uses in compliance with section 66-970 et seq.;
      
   6. The proposed water, sewer and other utilities shall be capable of accommodating the proposed use;
      
   7. The street serving the use or activity is of sufficient design to accommodate the proposed use or activity, and such use or activity shall not generate such additional traffic to create a nuisance or hazard to existing traffic or to surrounding land uses;
      
   8. All access roads, driveways, parking areas, and outside storage, service, or sales areas shall be surfaced or grassed to control dust and drainage;
      
   9. All open and outdoor storage, sales and service areas shall be screened from view from the public streets and from abutting residential uses or districts;
      
   10. All lighting shall be designed as to have no direct source of light visible from adjacent residential areas or from the public streets;
       
   11. The use or activity shall be properly drained to control surface water runoff;
       
   12. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence;
       
   13. Where structures combine residential and nonresidential uses, such uses shall be separated and provided with individual outside access, and the uses shall not conflict in any manner.
       
2. All conditions pertaining to a specific request are subject to change when the planning agency or city council, upon investigation, finds that the community safety, health, welfare and public betterment can be served as well or better by modifying the conditions.
   

(Code 1996, § 17.50.050)

The city council or planning agency may, upon their own motion, initiate a request to amend the text or the district boundaries of this division. Any person owning real estate within the city may initiate a request to amend the district boundaries and text of this division so as to affect the said real estate. All amendment requests must first be reviewed by the planning agency.

(Code 1996, § 17.50.060)

Whenever, within one year after granting a variance, appeal or conditional use permit, the work as permitted by the variance, appeal or conditional use permit shall not have been completed, then such variance, appeal or conditional use permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the city council. Such extension shall be requested in writing and filed with the planning director at least 30 days before the expiration of the original variance, appeal or conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the variance, appeal or conditional use permit. Such petition shall be presented to the planning agency for a recommendation to and a decision by the city council. Such extension shall be allowed only once on a singular action.

(Code 1996, § 17.50.070)