The purpose of this article is to identify the authority of the review and decision-making bodies in the development review procedures established within this LDC. It also describes how the provisions of this LDC are to be administered and enforced.

(Ord. No. 1061, § 19, 6-4-2024)

Editor's note— Ord. No. 1061, § 19, adopted June 4, 2024, repealed § 7.2, which pertained to general provisions of all administrative bodies and boards.

7.3.1

Powers and Duties. In addition to any other authority granted to the city council by charter, ordinance, or state law, city council shall have the following powers and duties related to this LDC:

(A)

To adopt, monitor, and insure implementation of the principles, goals, and strategies of the official comprehensive plan for Northfield;

(B)

To determine the number, qualifications, and terms of the members of the planning commission, the zoning board of appeals, and heritage preservation commission based on the City Charter, Section 3.2;

(C)

To initiate or act upon proposed amendments, supplements and enactments to this LDC and changes to the zoning map, or changes to the Land Development Code text;

(D)

To review and make decisions regarding heritage preservation site designations;

(E)

To review and make decisions on preliminary plat, final plats, and accept related improvements;

(F)

To review and make decisions on annexation requests;

(G)

To decline to follow a recommendation of the planning commission provided that such action is passed or approved by a majority vote of the full membership of the city council, and the planning commission is provided with a written response from the city council to the planning commission detailing the reason for the city council decision as provided in City Charter, Section 3.2; and

(H)

To modify or waive the payment of park dedication requirements as established in Section 5.2.6(C), Waiver of Requirements, upon application by the property owner, or designated representative as provided for in this LDC.

(Ord. No. 1061, § 19, 6-4-2024)

7.4.1

Created. There is hereby established a planning commission, a single board that serves as both the planning commission and zoning board of appeals for the city in accordance with Minn. Stat. § 462.354. The planning commission and zoning board of appeals shall have those powers and duties contained in, and operate in accordance with, applicable state law, this LDC, and Chapter 2, Article VI, Divisions 1 and 13 of this city code.

7.4.2

Title and Citations. This board shall be referenced and cited in this LDC as the planning commission unless the specific citation relates to the board's role as the zoning board of appeals, in which case, the board shall be referenced and cited as the zoning board of appeals.

(Ord. No. 1061, § 19, 6-4-2024)

7.5.1

Created. There is hereby established a heritage preservation commission in accordance with Minn. Stat. § 471.193, subd. 2. The heritage preservation commission shall have those powers and duties contained in, and operate in accordance with, applicable state law, this LDC, and Chapter 2, Article VI, Divisions 1 and 10 of this city code.

(Ord. No. 1061, § 19, 6-4-2024)

7.6.1

Appointment. The city administrator shall appoint a city planner to administer and enforce this LDC. Nothing in this LDC shall prevent the city administrator from appointing a single person as both the city planner and code enforcement officer.

7.6.2

Administration Powers and Duties. In addition to any other authority granted to the city planner by charter, ordinance, or state law, the city planner shall have the following powers and duties:

(A)

Interpret the meaning and application of this LDC as allowed in Section 8.5.18, Code Interpretation;

(B)

Issue zoning certificates, temporary use permits, flood plain permits, and other administrative permits or certificates;

(C)

Review and make decisions on Type 1 Development Review Procedures as provided for in Table 8.4-1;

(D)

Review and make recommendations on Types 2, 3, 4, 5, 6 and 7 Development Review Procedures as provided for in Table 8.4-1;

(E)

Serve as administrative staff to the planning commission, zoning board of appeals, and heritage preservation commission;

(F)

Accept and certify all submitted applications as to completeness;

(G)

Publicize the agenda for all meetings;

(H)

Respond to inquiries;

(I)

Maintain permanent and current records in conformance with the city's records retention/disposition policy;

(J)

Serve as chairperson of the development review committee;

(K)

Undertake notice requirements as established in this LDC;

(L)

Provide minutes of all planning commission, zoning board of appeals, and heritage preservation commission meetings; and

(M)

Advise applicants of the appeals process for those who have received a denial for a land use application or other decision.

7.6.3

Enforcement Powers and Duties. In addition to any other authority granted to the city planner and code enforcement officer by charter, ordinance, or state law, the city planner and code enforcement officer shall have the following powers and duties related to this LDC:

(A)

Conduct inspection of sites, buildings and uses of land to determine compliance with this LDC; and

(B)

Determine the existence of any violations of this LDC, issue notifications, or initiate other administrative or legal action as needed.

(Ord. No. 1061, § 19, 6-4-2024)

7.7.1

Role. The development review committee (DRC) is the technical review body composed of city staff and others who shall be responsible for the initial review of applications submitted to the city under this LDC.

7.7.2

Powers and Duties. The members of the development review committee shall review all applications forwarded to it by the city planner and respond to other issues to be considered by the city council and planning commission that are relevant to the purpose, intent, and implementation of this LDC.

7.7.3

Membership.

(A)

The development review committee shall be comprised of the community development director, city engineer, city planner, building official, and fire chief. Additional city staff, or outside agencies and professionals, possessing specific expertise in a matter relating to a given application or issue may be consulted at the discretion of the city planner including, but not limited to, the economic development manager, police department, city attorney, the Department of Natural Resources, Department of Transportation and the applicable Soil and Water Conservation District.

(B)

The city council may retain a town architect to serve as a member of the development review committee to enforce the architectural standards of this LDC pursuant to paragraph (A) above.

7.7.4

Meetings.

(A)

The city planner shall serve as the chairperson to the development review committee, schedule meetings, and prepare follow-up reports as appropriate. The city planner shall inform the applicant of the date, time, and location of the development review committee meeting. The applicant may attend the development review committee meeting but such attendance is not mandatory.

(B)

The City Planner shall notify the chairman of the Historic Preservation Commission (HPC) of applications in the "adjacent commercial" areas (as defined in the Northfield Downtown Guidelines) outside of the Historic District in the East of Highway 3 Sub-District of the C1 District. The HPC will be asked to provide comments to the City Planner, the City Planning Commission, and the developer on such applications during the normal course of such application reviews.

(C)

The development review committee meeting related to a specific application subject to review by a board shall occur prior to the preparation of any staff report for the planning commission, zoning board of appeals, heritage preservation commission, or city council meeting or hearing.

(D)

A summary of the preliminary meeting with the planning commission or heritage preservation commission, if held, will be provided to the development review committee (See Section 8.3.4, Effect of Preapplication Meetings and Preliminary Review).

(Ord. No. 1061, § 19, 6-4-2024)

7.8.1

Enforcement by City Planner and Code Enforcement Officer.

(A)

It shall be the duty of the city planner to enforce this LDC in accordance with these administrative provisions.

(B)

All departments, officials, and employees of the city shall comply with the provisions of this LDC, and shall issue no permit, license, or registration for any use, building, or purpose in conflict with the provisions of this LDC.

(C)

The duties imposed on the city planner shall not constitute a limitation on the power of other enforcement officers of this city to make arrests or to institute prosecutions for violations of this LDC.

7.8.2

Violations and Penalties. It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this LDC, or any amendment or supplement thereto adopted by the city council. Any person, firm, corporation, or other legal entity violating any of the provisions of this LDC, or any amendment or supplement, shall be guilty of a misdemeanor (Minn. Stat. § 462.362). Upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than maximum permitted by law. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a separate offense.

7.8.3

Exemptions.

(A)

The city and other government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this LDC to the extent permitted in state and federal law.

(B)

The city and other governmental agencies that are exempt from the regulations of this LDC, in whole or in part, are encouraged to meet the requirements of this LDC to the maximum extent possible.

7.8.4

Remedies.

(A)

In case any building is or is proposed to be used in violation of this LDC, or any amendment or supplement, the city council, city administrator, city attorney, city planner, or any person who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be to restrain, correct or abate such violation; to prevent the occupancy of said building structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

(B)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1061, § 19, 6-4-2024)