Oakdale City Zoning Code

(a)

Land use applications for an individual property may be initiated by:

(1)

The owner of the property that is the subject of the application;

(2)

An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner; or

(3)

If the property subject to an application is under more than one (1) ownership, all owners or their authorized agents shall join in filing the application.

(b)

Comprehensive plan and zoning ordinance text and map amendments may be initiated by:

(1)

The City Council;

(2)

The Planning Commission;

(3)

A property owner.

(Ord. No. 948, § 2, 7-8-25)

(a)

Each complete land use application shall be filed with the Community Development Director and shall include the following:

(1)

An application on the official application form provided by the city, including a non-refundable application fee as established by ordinance.

(2)

All those application materials required that are specific to the application.

(b)

An application will not be accepted until it is complete and all required materials have been submitted.

(c)

The City Council must approve or deny a land use request within the time allotted under Minnesota Statutes, Section 15.99.

(Ord. No. 948, § 2, 7-8-25)

(a)

Technical Assistance.

(1)

Upon receipt of an application, the Community Development Director shall, when deemed necessary, refer the request to appropriate staff to ensure that informational requirements are complied with.

(2)

Also, when deemed necessary, the Community Development Director shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the application to the Planning Commission and City Council.

(b)

Public Hearing.

(1)

Public hearings, when required by this article, the Oakdale City Code, or state law, shall be conducted pursuant to the rules established for each of the bodies, the Oakdale City Code, and in compliance with state law.

(2)

All public hearings shall be open to the public.

(3)

Notices.

a.

Notice of the public hearing shall be published in the official newspaper of the city at least ten (10) days prior to the date of the hearing.

b.

Written notification of the hearing shall be mailed at least ten (10) days prior to the date of the hearing to the applicant and all owners of land within five hundred (500) feet of the boundary of the property in question.

c.

Written notification of the application and hearing shall be filed with the Commissioner of the Minnesota Department of Natural Resources if the proposed application relates to land located in part or in total within the Shoreland Overlay District.

d.

Written notification of the application and hearing shall be filed with the Commissioner of the State Department of Transportation or the County Engineer if an application for a proposed subdivision, plat, site plan, environmental document, traffic impact study, or comprehensive plan abuts or includes a state trunk highway or a county state aid road, respectively.

(4)

Failure of the city to send mailed notice to property owners as required by provision (3)(B) above, or defects in the notice, shall not invalidate any such proceedings as set forth within this article, provided a bona fide attempt has been made to comply with the notice requirements of this article.

(5)

Upon receipt of a complete application, the Community Development Director shall set the date for the public hearing.

(6)

At the public hearing, the applicant or a representative thereof shall appear to answer questions concerning the application.

(c)

Planning Commission Action.

(1)

The application shall be referred to the Planning Commission for review and recommendation to the City Council. The Planning Commission shall hold the public hearing except as otherwise provided herein.

(2)

The Planning Commission 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, if said information is declared necessary to establish performance conditions in relation to all pertinent sections of this article.

(3)

The Planning Commission shall make findings of fact and recommend such actions or conditions relating to the application as they deem necessary to carry out the intent and purpose of this article. Such a recommendation shall be in writing and accompanied by any report and recommendation of the City Staff.

(4)

The written recommendation of the Planning Commission shall be referred to the City Council for final action.

(d)

City Council Action.

(1)

Upon receipt of the Planning Commission report and recommendation, or otherwise as permitted by state law the City Council shall review the application.

(2)

The City Council shall have the option to set and hold a public hearing if deemed necessary.

(3)

The City Council shall review and approve, approve with conditions, or deny the application by a majority vote of all its members.

(4)

The City Council shall state in writing its findings for approval or denial, as well as any conditions of approval.

(5)

Recording.

(A)

When all conditions of approval have been satisfied by the applicant, the city shall file a copy of all required documents, such as ordinances, resolutions, and agreements, with the Washington County Property Records office.

(Ord. No. 948, § 2, 7-8-25)

(a)

Any request for withdrawal of an application shall be submitted in writing to the Community Development Director.

(b)

In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of an application shall not be refunded.

(Ord. No. 948, § 2, 7-8-25)

(a)

No permit request that has been denied wholly or in part shall be reconsidered for a period of one hundred eighty (180) days from the date of the order of denial, except on grounds of new evidence or proof of changed conditions.

(Ord. No. 948, § 2, 7-8-25)

(a)

Purpose. The purpose of this section is to provide for an appeal process where it is alleged that there is an error in any order, requirement, decision, or determination by the city or in the enforcement of this article.

(b)

Appeals of Administrative Decisions.

(1)

A person aggrieved by a decision of the Community Development Director that is made under the authority of this article may appeal such decision to the City Council.

(2)

An application must be made on the application form provided by the city. A complete application must be submitted to the Community Development Director no later than ten (10) days after the date of the decision.

(3)

When an appeal is received by the city, the applicant will be notified of the appeal and informed as to the date of the City Council meeting when it will be heard.

(4)

The appeal shall be referred to the City Council for review and action.

(c)

Appeals of City Council Decisions.

(1)

Any aggrieved person shall have the right to appeal any land use decision by the City Council to the District Court for Washington County. Any person seeking judicial review under this article must appeal within thirty (30) days after delivery of the decision to the appellant.

(d)

Any applicant who obtains a building permit, starts construction, begins a use in reliance upon a decision that is appealable to the District Court prior to the termination of the appeal period, assumes the risk that the decision may be reversed.

(Ord. No. 948, § 2, 7-8-25)

(a)

The City Council declares it necessary and appropriate to require a site plan permit to preserve and promote attractive, well planned stable urban conditions.

(Ord. No. 948, § 2, 7-8-25)

(a)

A site plan permit is required for multi-unit dwellings of three (3) or more units, mobile home developments, institutional, commercial, and industrial uses.

(b)

Public parks are exempt from site plan review but must meet design standards for public use in Article 25-10 Development Standards.

(Ord. No. 948, § 2, 7-8-25)

(a)

The application for a site plan permit shall be made in accordance with Section 25-03-102 Application Submittal.

(b)

The application for a site plan permit shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure, except that a public hearing is not required.

(1)

Site plans must be prepared by an engineer licensed by the State of Minnesota.

(c)

Concept Site Plan Review. Before proceeding with site plan review by the Planning Commission, the Community Development Director may require concept site plan review by the City Council. The scope of the review shall be limited to land use, general circulation patterns, general building massing, and the general approach to special site conditions or problems.

(d)

Criteria for Approving a Site Plan. The Planning Commission and City Council shall consider possible effects of the proposed permit request. Permit requests shall only be granted when it is demonstrated that:

(1)

The proposed site plan is in conformity with the Comprehensive Plan and with the purpose, intent, and applicable standards of this article; and

(2)

The proposed site plan can be accommodated with existing public services and will not overburden the city's service capacity.

(Ord. No. 948, § 2, 7-8-25)

(a)

Before issuing a building permit, the City Council may require the applicant to enter into a site plan agreement or development agreement with the city, which assures that specific elements of the site plan proposed by the applicant or imposed by the City Council shall be carried out within a specific time period.

(b)

An irrevocable letter of credit or cash deposit shall be provided by the developer to ensure completion of such improvements.

(c)

Such financial guarantee must equal one hundred twenty-five percent (125%) of the estimate cost of specified improvements. At least forty percent (40%) of the financial guarantee for landscaping improvements shall be retained for two (2) complete growing seasons.

(Ord. No. 948, § 2, 7-8-25)

(a)

The applicant must apply for a building permit within five hundred forty-eight (548) days from the day the City Council approves the site plan.

(b)

Failure to apply for a building permit within this timespan shall void the initial approval and require the applicant to reapply for a site plan permit.

(c)

At any time within the five hundred forty-eight (548) days the applicant may, by written notice to the Community Development Director, request one (1) extension of up to one hundred eighty (180) days.

(Ord. No. 948, § 2, 7-8-25)

(a)

Site plan amendments shall be reviewed by the Community Development Director to determine if they are major amendments or minor amendments.

(b)

When determining if an amendment is major or minor, the Community Development Director shall consider whether the amendment:

(1)

Changes the amount of impervious surface by more than ten (10) percent.

(2)

Changes the building footprint by more than ten percent (10%).

(3)

Decreases the number of residential dwelling units by more than five percent (5%).

(4)

Increases or decreases the number of stories of any building.

(5)

Decreases the amount of open space by more than five percent (5%) or alters it in such a way as to change its original design or intended use.

(6)

Substantially alters the location of buildings, parking areas, or roads.

(c)

Minor Amendment Review.

(1)

A minor site plan amendment may be reviewed and approved by the Community Development Director.

(2)

The Community Development Director may, in the Director's sole discretion, refer any minor amendment to the Planning Commission and City Council for review and approval.

(d)

Major Amendment Review. Major site plan amendments shall be referred to Planning Commission and City Council review per the process in Section 25-03-103 Application Review Procedure except that a site plan amendment review shall not require a public hearing.

(Ord. No. 948, § 2, 7-8-25)

(a)

A conditional use is a permitted use that is allowed only when it is shown that the use meets certain general and specific standards related to the proposed conditional use.

(Ord. No. 948, § 2, 7-8-25)

(a)

The application for a CUP shall be made in accordance with Section 25-03-102 Application Submittal.

(b)

Procedure. The application for a CUP shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure.

(c)

General Criteria for Approving a Conditional Use. The Planning Commission and City Council shall consider possible effects of the proposed conditional use. Its judgment shall be based upon, but not limited to, the following factors:

(1)

The conditional use will be in conformity with the city's comprehensive plan and with the purpose, intent, and applicable standards of this article; and

(2)

The conditional use shall be located, designated, maintained, and operated to be compatible with the existing or intended character of that zoning district in which it is located; and

(3)

The conditional use shall not be hazardous, detrimental, or disturbing to present and potential surrounding land uses due to noise, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness, or other nuisances; and

(4)

The conditional use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties; and

(5)

The conditional use shall be served adequately by essential public services, such as streets, police and fire protection and utilities; and

(6)

The conditional use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city; and

(7)

The conditional use shall preserve and incorporate the site's natural and scenic features into the development design and cause minimal adverse environmental effects; and

(8)

Additional conditions related to the conditional use found in this article.

(d)

Duration. A CUP shall remain in effect as long as the conditions are observed.

(e)

Recording of a CUP. The Community Development Director shall record a certified copy of the permit with Washington County Property Records. The permit shall include the legal description of the property.

(Ord. No. 948, § 2, 7-8-25)

(a)

An interim use is a temporary use of property until a particular date, until the occurrence of a particular event.

(b)

Any use identified as an allowable use in this article may be an interim use.

(Ord. No. 948, § 2, 7-8-25)

(a)

The application for an IUP shall be made in accordance with Section 25-03-102 Application Submittal.

(b)

Procedure. The application for an IUP shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure.

(c)

Criteria for Approving an Interim Use. The Planning Commission and City Council shall consider possible effects of the proposed Interim Use. Its judgment shall be based upon, but not limited to, the following factors:

(1)

The use conforms to the zoning regulations; and

(2)

The date or event that will terminate the use can be identified with certainty; and

(3)

Permission for the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

(4)

The interim use will be in conformity with the city's comprehensive plan and with the purpose, intent and applicable standards of this article; and

(5)

The interim use shall be located, designated, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located; and

(6)

The interim use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noise, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances; and

(7)

The interim use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties; and

(8)

The interim use shall be served adequately by essential public services, such as streets, police and fire protection and utilities; and

(9)

The interim use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city; and

(10)

The interim use shall preserve and incorporate the site's natural and scenic features into the development design and cause minimal adverse environmental effects; and

(11)

Additional conditions related to the interim use found in this article.

(d)

Termination. An interim use permit shall terminate upon:

(1)

A change in zoning regulations occurs which prohibits the use; or

(2)

The termination date or event stated in the permit; or

(3)

Violations of the conditions under which the permit was issued.

(Ord. No. 948, § 2, 7-8-25)

(a)

A variance is a request to depart from the literal provisions of this article.

(b)

No variance shall be granted for any use that is not allowed under this article for property in the zone where the affected person's land is located.

(Ord. No. 948, § 2, 7-8-25)

(a)

The application for a variance shall be made in accordance with Section 25-03-102 Application Submittal.

(b)

Review Procedure.

(1)

Variance; Administrative Approval. The Community Development Director may grant a setback variance, and impose reasonable conditions, for the placement of individual single- or two-unit dwellings or their accessory structures when the following conditions are met:

a.

The setback variance does not exceed the minimum requirements by more than five (5) feet; and

b.

The applicant submits a City of Oakdale Variance Request Form signed by all owners of affected property and property situated wholly or partly within one hundred (100) feet of the property to which the variance relates to each owner supporting the request.

(2)

Variance; City Council Review.

(A)

A variance request not eligible for Administrative Approval, or that is eligible for administrative approval but has been denied by the Community Development Director shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure.

(c)

Criteria for Approving a Variance. The Planning Commission and City Council shall consider possible effects of the proposed variance request. A variance shall only be granted when it is demonstrated by the applicant that:

(1)

The variance request is in harmony with the general purposes and intent of this article and the variance is consistent with the Comprehensive Plan.

(2)

There are practical difficulties in complying with the ordinance. "Practical difficulties" as used in connection with the granting of a variance, means:

a.

That the property owner proposes to use the property in a reasonable manner not permitted by the ordinance;

b.

The plight of the landowner is due to circumstances unique to the property not created by the landowner;

c.

The variance, if granted, will not alter the essential character of the locality; and

d.

Economic considerations alone do not constitute practical difficulties.

(3)

Conditions may be imposed in the granting of variances. Such conditions shall be directly related to and must bear a rough proportionality to the impact created by the variance.

(Ord. No. 948, § 2, 7-8-25)

(a)

Purpose.

(1)

The Concept Plan process shall provide information and guidance from the city to an applicant regarding a specific PUD concept before entering into binding agreements or incurring substantial expense.

(2)

The Concept Plan should indicate proposed land uses, general circulation patterns, general building massing, and the general approach to special site conditions or problems.

(b)

Process.

(1)

Meeting with City Staff. The developer shall meet with the Community Development Director to discuss the development concept, the review and approval process, and the submittal requirements.

(2)

Planning Commission review of the Concept Plan is optional. City Council review of the Concept Plan is mandatory.

(3)

The City Council shall review the Concept Plan and comment as to whether it finds the Concept Plan is in conformance with the City Comprehensive Plan.

(4)

It will also inform the developer of any defects or deficiencies in the Concept Plan, which features or design elements should be in the Detailed Development Plan, and which exceptions it may be willing to allow in exchange for certain publicly beneficial design or planning features.

(Ord. No. 948, § 2, 7-8-25)

(a)

Application for PUD Approval.

(1)

After Concept Review by the City Council, the developer may submit an application for PUD approval based upon comments received regarding the Concept Plan.

(2)

This application shall consist of the information and submissions required by Section 25-03-102 Application Submittal. Additional information required for this application shall include a detailed development plan, consisting of:

a.

A Preliminary Plat if land subdivision is proposed; and

b.

All materials listed as required for Site Plan review.

(b)

Review by Planning Commission.

(1)

The Detailed Development Plan shall be submitted to the Community Development Director at least thirty (30) working days prior to the scheduled Planning Commission review.

(2)

The Commission shall review the Detailed Development Plan in the manner described in Section 25-03-103 Application Review Procedure except that the public hearing shall be held by the City Council as described below.

(c)

Review by the City Council.

(1)

The City Council shall hold a public hearing for the PUD, including the Detailed Development Plan, according to the process in Subsection 25-03-103(b).

(2)

City Council shall approve by a majority of the Council as provided in Minnesota Statutes, Section 462.357, disapprove, or table the PUD application.

a.

The PUD application may not be tabled for more than two (2) meetings in succession.

b.

Conditions may be applied to the approval of the PUD and/or a periodic review of the approval may be required.

(d)

PUD Denial or Approval.

(1)

If an application for a Planned Unit Development is denied, no new application for a PUD by the same applicant for the same site may be filed for one hundred and eighty (180) days from date of denial.

(e)

Extension of Approval.

(1)

In the event that an application for a PUD is approved and construction has not commenced within twelve (12) months, the PUD approval will be null and void unless an extension is granted by the City Council.

(2)

Only one such extension shall be permitted.

(3)

The extension, if granted, shall be valid for a period of six (6) months.

(f)

Developer's Agreement.

(1)

Prior to issuing a Building Permit, the City Council shall require the developer to sign an agreement with the City which assures that particular elements of the Detailed Development Plan, either proposed by the developer or imposed by the City, will be carried out.

(Ord. No. 948, § 2, 7-8-25)

(a)

Minor Amendment.

(1)

Minor changes in the location and placement of buildings may be authorized by the Community Development Director where unforeseen circumstances such as engineering requirements dictate such change.

(b)

Major Amendment.

(1)

Major amendments include changes in structural types, the shape and arrangement of lots and blocks, the allocation of open space, and all other changes which affect the overall design of the project.

(2)

When determining if an amendment is major, the Community Development Director shall consider whether the amendment:

a.

Increases the building footprint by more than ten percent (10%).

b.

Decreases the number of residential dwelling units by more than five percent (5%).

c.

Increases or decreases the number of stories of any building.

d.

Decreases the amount of open space by more than five percent (5%) or alters it in such a way as to change its original design or intended use.

e.

Creates noncompliance with any special condition attached to the approval of the master development plan.

(3)

Process.

a.

Major amendments, and an appeal of denial of a minor amendment, shall be processed in the same manner as the PUD application specified in Section 25-03-602 PUD Application Procedures.

b.

If such changes are authorized, the applicant shall submit a revised plan showing the authorized changes.

(Ord. No. 948, § 2, 7-8-25)

(a)

A comprehensive plan text amendment means a change in all or part of the text of the adopted comprehensive plan.

(b)

A comprehensive plan map amendment means a change in all or part of the existing future land use designation of a parcel in the adopted comprehensive plan.

(Ord. No. 948, § 2, 7-8-25)

(a)

The application for a Comprehensive Plan text or map amendment shall be made in accordance with Section 25-03-102 Application Submittal.

(b)

The application for a Comprehensive Plan text or map amendment shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure.

(c)

City Council. Except for amendments to permit affordable housing development as defined in Minnesota Statutes, Section 462.355, Subd. 3, a resolution to amend the comprehensive plan must be approved by a two-thirds (⅔) vote of the City Council's members. Amendments to permit an affordable housing development are approved by a simple majority of all of the members of the City Council.

(d)

Effective Date. Any amendment to the Comprehensive Plan adopted by the City Council shall be effective upon adoption.

(Ord. No. 948, § 2, 7-8-25)

(a)

A Zoning Ordinance text amendment means, but is not limited to, changes in uses, setbacks, heights, lot areas, definition, administration, or procedures.

(b)

A Zoning Ordinance map amendment means a change in all or part of the existing classification of a zoning district.

(Ord. No. 948, § 2, 7-8-25)

(a)

The application for a Zoning Ordinance text or map amendment shall be made in accordance with Section 25-03-102 Application Submittal.

(b)

Review Procedure.

(1)

The application for a Zoning Ordinance text or map amendment shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure, except that amendments to this article that are initiated by the Planning Commission shall not be reviewed by the Planning Commission.

(2)

When the Planning Commission initiates the amendment, the City Council shall hold a public hearing following the process in Subsection 25-03-103(b) and review of the application shall follow the procedure in Subsection 25-03-103(d).

(3)

An amendment that changes all or part of the existing classification of a zoning district from residential to commercial or industrial requires a two-thirds (⅔) majority vote of all City Council members.

(c)

Criteria for Approving a Text or Map Amendment. The Planning Commission and City Council shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:

(1)

The proposed amendment has been reviewed and found to be consistent with official comprehensive plan policies; and

(2)

The proposed amendment can be accommodated with existing public services and will not overburden the city's service capacity.

(d)

Procedure. The application for a Text or Map Amendment shall be processed using the procedure outlined in Section 25-03-103 Application Review Procedure.

(Ord. No. 948, § 2, 7-8-25; Ord. No. 959, § 1, 1/27/26)