1. Purpose.
   1. The Council from time to time, on its own initiative or on recommendation from the Planning Commission, may amend, modify, supplement, or revise Zoning District boundaries and/or the provisions and regulations herein established, whenever public necessity and convenience and general welfare require such amendment.
   2. This amendment may be initiated by ordinance of the Council, the Commission or by petition of one or more owners of property to be affected by the proposed amendment. Except in cases initiated by the Council or Commission, a fee shall be charged to the petitioner or petitioners. This fee shall be non-refundable.
2. Information required in an amendment procedure. The petitioner shall submit the following information at a minimum:
   1. A completed official application.
   2. A legal description of the property.
   3. A scaled map of the property, correlated with the legal description, and clearly showing the property’s location.
   4. The name and address of the petitioner.
   5. The petitioner’s interest in the party, and if the petitioner is not the owner, the name and address of the owner.
   6. Date of filing.
   7. Signature of petitioner and owner certifying the accuracy of the required information.
   8. The present and proposed zoning.
   9. Any other written or graphic materials explaining the proposed change, development, or use.
3. Processing procedures.
   1. The applicant shall submit the application and accompanying material. Upon determination that the information is complete, the City shall schedule a public hearing before the Planning Commission. Legal notice shall be provided in accordance with Minnesota Statutes. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bonafide attempt has been made.
   2. The Planning Commission shall hold a public hearing. The applicant or representative of the applicant shall be present at the public hearing.
   3. The Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon, but not limited to, the following general factors:
      1. Relationship to the City’s Growth Management System.
      2. The geographical area involved.
      3. Whether the use will tend to or actually depreciate the area in which it is proposed.
      4. The character of the surrounding area.
      5. The demonstrated need for the use.
      6. The public need for additional land space for the requested use in the location requested.
      7. Compatibility of adjacent land uses.
      8. The possible presence and effects of noise, odors or other nuisances.
      9. Availability in the present or near future of necessary utilities and public services.
      10. The precedents and possible effects of such precedents, which might likely result from approval or denial of the petition.
      11. Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or is an error in the original ordinance.
   4. The Planning Commission shall make a finding of fact and recommend such actions relating to the request to the City Council.
   5. Upon receiving the report and recommendation of the Planning Commission, the City Council shall either approve or disapprove the request as recommended by the Planning Commission, based upon whether the application meets the requirements stated in this chapter.
4. Additional information. The Planning Commission and City 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. Amendments initiated by the City Council or Planning Commission.
   1. The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the City may initiate a request to amend the district boundaries or text of this chapter so as to affect said real estate. The Planning Commission shall first review all amendment requests.
   2. Types of amendments. An amendment to this chapter may be one of the following:
      1. A change in a district’s boundary (rezoning).
      2. A change in a district’s regulation.
      3. A change in any other provision of this chapter.

(Prior Code, § 10.600.0100)

State law reference—Zoning amendments, Minn. Stats. § 462.357, Subds. 3, 4.

1. Minor subdivisions.
   1. In the case of a subdivision resulting in three or less lots, situated in a neighborhood where conditions are well-defined and no further re-subdivision is expected, the governing body may exempt the subdivider from complying with some of the requirements of these regulations, after submission of a survey by a registered land surveyor of the proposed subdivision and, provided the newly created property lines will not cause any resulting lot to be in violation of the performance standards set forth in this Zoning Code.
   2. In the case of a request to subdivide a lot which is a part of a recorded plat to create not more than three new lots, and the newly created property lines will not cause any resulting lot to be in violation of these regulations or the Zoning Code, the decision may be approved by the governing body. Each parcel must have a minimum frontage of 25 feet on a public road.
   3. There shall be only one minor subdivision with regard to the original tract in any calendar year. The governing body shall have the authority to deny minor subdivisions if it appears that the intent of these regulations or the Zoning Code may be violated.
2. Procedure. Request for a minor subdivision shall be filed with the City on an official application form.
   
   This application must be accompanied by a fee as set by the City Council. This fee is not refundable. The application must also be accompanied by a survey by a registered land surveyor showing the original lot and the proposed subdivision.

(Prior Code, § 10.600.0200)

1. Procedure.
   1. Request for subdivision shall be filed with the City on an official application form. This application must be accompanied by a fee as set by the City Council. This fee is not refundable. The application must be accompanied by ten copies of the preliminary plat and a listing of the property owners and a listing of all property owners of record within (50 feet of the property in question. The City shall refer said application and preliminary plats to the Planning Commission at the next regular meeting.
   2. The City shall set a date for a public hearing. 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, the following:
      1. All property owners of record according to the county assessment records within 350 feet of the property.
      2. The Commissioner of the Minnesota Department of Natural Resources if the proposed subdivision is located in part or in total within public water.
      3. The Commissioner of the Minnesota Department of transportation and the Pine County Engineer if the proposed plat abuts or includes a State Trunk Highway or a County State Aid Road, respectively.
      4. All township board members of townships that abut a proposed subdivision. A copy of the notice and a list of individuals and/or property owners and addresses to which the notices were sent shall be attested to by the City and made part of the 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 preliminary plat and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of said meeting, in which case the preliminary plat would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City shall refer said application, along with all related information to the Planning Commission for consideration. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the preliminary plat.
   4. In considering the preliminary plat, the Planning Commission shall consider the following factors:
      1. Consistency with the design standards and other requirements of this chapter.
      2. Consistency with the City’s Growth Management System.
      3. Consistency with other City ordinances.
      4. The physical characteristics of the site, including, but not limited to, topography, erosion, and flooding potential, and soil limitations, and suitability for the type of development or use contemplated.
      5. Subdivisions or portions thereof, located within the designated Flood Plain District, shall also be subject to the provisions of PCC 13.92.010(d).
      6. The proposed development will not create a negative fiscal or environmental impact upon the City.
      7. The need for dedication of land or fee for public use.
      8. The need for an environmental review pursuant to Minn. Stats. Ch. 116D.
   5. The Planning Commission and City shall have the authority to request additional information from the applicant concerning the preliminary plat or to retain expert testimony with the consent and at the expense of the applicant concerning said information to be declared necessary to establish compliance with all pertinent sections of this chapter.
   6. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the Preliminary Plat to the City Council. In the case that additional information is requested from the applicant pursuant to Subsection (a)(5) of this section, the 60-day period will begin upon receipt of such information by the City.
   7. Upon receiving the report and recommendation of the Planning Commission, 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 a part of the permanent written record of the City Council meeting.
   8. Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:
      1. Approve the request as recommended by the Planning Commission;
      2. Disapprove the recommendation of the Planning Commission;
      3. Approve the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such modifications, alterations, or differing conditions shall be in writing and made part of the Council’s records; or
      4. Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action. In all cases mentioned above, the preliminary plat shall be approved or disapproved by the City Council within 120 days of the date of the preliminary plat application, unless the applicant has agreed to an extension of the review period.
   9. The City shall notify the applicant of the Council’s action and reasons thereof. The decision of the City Council regarding preliminary and final plat approval is final, subject to judicial review. If a preliminary plat is disapproved, the same plat cannot be re-filed for review within six months following the date of Council’s disapproval.
   10. Upon approval of the preliminary plat by the City Council, the subdivider shall submit the final plat to the Planning Commission within one year after said approval, or approval of the preliminary plat shall be considered void. Prior to the expiration of the preliminary plat approval, the Planning Commission may extend the approval for an additional year. The extension shall be made in writing specifically designating the expiration date. The extension shall not be subject to an additional fee, and only one extension may be granted per preliminary plat.
2. Preliminary plat data requirements. The owner or subdivider shall prepare and submit a preliminary plat, containing the following information:
   1. Identification and description.
      1. Proposed name of subdivision, not similar to any existing subdivision.
      2. Date and arrow depicting north direction.
      3. Scale of plat, not less than one inch to 200 feet.
      4. Indication of any proposed covenants.
      5. Location map indicating location of proposed subdivision in relationship to general known area.
      6. Names and addresses of the subdivider and surveyor making plat and property owners of record within 350 feet of the proposed subdivision.
      7. Legal description of the proposed subdivision.
      8. Title opinion or title insurance policy indicating fee ownership of land to be subdivided.
      9. Designation of utilities to serve proposed subdivision. The developer shall ensure that staging of the subdivision shall include adequate provision for all utilities and streets for adjacent undeveloped properties.
   2. Existing conditions and proposed design features.
      1. Boundary line of proposed subdivision.
      2. Zoning of land within and abutting the subdivision.
      3. Layout, dimensions, and acreage of proposed lots and blocks.
      4. Name, location, and rights-of-way width of existing or proposed streets, highways, alleys, sidewalks, and pedestrian ways within 350 feet of the subdivision.
      5. High-water mark of all lakes, rivers, streams, and wetlands.
      6. Location and dimensions of existing and proposed public sewer and water systems.
      7. Existing and proposed stormwater drainage systems including drainage easements.
      8. Boundary lines of adjoining un-subdivided or subdivided land within 350 feet, identified by name and ownership.
      9. Proposed zoning changes, if any.
      10. Minimum front, side, and rear yard setbacks as required by the Municipal Development Ordinance.
      11. Location, dimensions, and size of areas, other than streets, alleys, pedestrian ways, and utility easements, proposed to be dedicated or reserved for public uses.
   3. Supplemental information.
      1. Existing topography, including contour lines at two-foot intervals. Watercourses, wetlands, rock outcrops, power transmission poles and lines, and other significant features shall also be known.
      2. Soil survey, grading plan, soil erosion and sediment control plan, and landscape plan.
      3. Statement of proposed use of development, including type, and number of structures and units.
      4. Statement of adequacy of existing or proposed utilities to accommodate or serve the proposed development.
      5. Statement relative to the relationship of the proposed subdivision to existing or potential adjacent subdivisions.
      6. Statement of estimate cost of proposed required improvements.
      7. Other information deemed necessary by the City, Planning Commission, or subdivider.
      8. Soil borings and percolation tests.
      9. All parcels of land to be dedicated or reserved for public use or for use in common by property owners in the subdivision shall be indicated on the Preliminary Plat, along with any conditions of such dedication or reservation.
      10. An electronic file copy of the plat, in AutoCAD (dwg) or digital exchange format (dxf). All shapefiles shall be provided in the Pine County coordinate system (NAD_1983_HARN_Adj_MN_Pine_Feet).

(Prior Code, § 10.600.0300)

1. Procedure.
   1. Applicant files of two Mylar or linen reproducible tracings and six copies of the final plat shall be filed with the City. The City submits these to the Planning Commission.
   2. The Planning Commission shall review the final plat to ensure consistency with the approved preliminary plat and shall make a recommendation for approval or disapproval to the City Council. Should the Planning Commission recommend disapproval, staff shall notify the subdivider in writing of the reason for disapproval and of the requirements necessary to meet the approval of the Commission within 15 days of the date of the decision.
   3. Payment of the contribution pursuant to PCC 13.72, Art. III, shall be made at this time.
   4. The final plat, together with the recommendations of the Planning Commission shall be submitted to the City Council at its next regularly scheduled meeting. If accepted, the final plat shall be approved by resolution, including acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council. If denied, the reasons for such refusal shall be set forth in the proceedings of the Council and reported to the subdivider.
   5. It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval pursuant to this title and Minn. Stats. § 508.08, as amended. Failure to do so within two years of final approval shall result in the voiding of the final plat and the requirement of a new preliminary plat. This new preliminary plat must be reviewed in accordance with the procedure set out in this chapter to ensure compliance with any new requirements.
   6. A copy of all final plats located in total or in part within public water shall be submitted to the Commissioner of the Minnesota Department of Natural Resources within ten days of final plat approval.
2. Final plat data requirements. After approval of the preliminary plat, and within one year of its approval, the owner or subdivider shall prepare and submit a final plat, containing the following information:
   1. Name of subdivision.
   2. Scale, north arrow, and date of plat.
   3. Acreage in plat.
   4. All proposed private and public streets and alleys with their widths and names shall be identified. Private streets shall state "Maintained by Property Owners."
   5. All plats shall be of either two standard sizes measuring 20 by 30 inches or 30 by 40 inches from outer edge to outer edge. A borderline shall be placed one-half-inch inside the outer edges of the plat on the top, bottom, and right-hand edges of the plat on the top, bottom, and right-hand side of the plat and two inches inside the outer edge of the left-hand side of the plat.
   6. Durable iron monuments shall be set at an angle and curve points on the outside boundary lines of the plat, at all block corners, and at all intermediate points on the block lines indicating changes of direction in the lines. The outside boundary lines of the plat shall be correctly designated showing bearings on all straight lines, angles at all the angle points, and the central angle and radii and are length for all curves. The distances shall be shown between monuments as measured to the nearest hundredth of a foot. If a curved line constitutes the line for more than one lot in any block, the central angle for that part on each lot on the curved line shall be shown. The outside boundary lines shall close by latitude and departure with an error not to exceed one foot in 7,500 feet.
   7. In any instance where a river, stream, creek, lake, or pond constitutes a boundary line within or of the plat, a survey line shall be shown with bearings or angles and distances between all angle points and their relationship to a water line and all distances measured on the survey line between lot lines shall be shown. The survey line shall be shown as a dashed line.
   8. Location, dimensions, and name or number of all existing or proposed lots, blocks, streets, highways, alleys, parks, and public lands.
   9. All rivers, streams, creeks, lakes, ponds, swamps, and wetlands shall be correctly located and designated.
   10. Name and boundary lines or any adjoining platted lands.
   11. All lot lines and an identification system for all lots and blocks.
   12. Building lines and easements for rights-of-way provided for public use, services, or utilities, with figures showing their dimensions, and listing uses that are being provided.
   13. Location and width of all easements to be dedicated.
   14. Name and address of developer and surveyor making the plat.
   15. An electronic file copy of the plat, in AutoCAD (dwg) or digital exchange format (dxf). All shapefiles shall be provided in the Pine County coordinate system (NAD_1983_HARN_Adj_MN_Pine_Feet).
   16. A written instrument of dedication signed and acknowledged by the owner of the land including a full and accurate description of the land platted and set forth to which part of the land is dedicated and also to whom, and for what purpose these parts are dedicated.
   17. A written Surveyor’s Certificate certifying that the plat is a correct representation of the survey, that all distances are correctly shown on the plat, that all monuments have been correctly placed in the ground as shown, and that all outside boundary lines are correctly designated on the plat. If there are not wetlands, streets or highways to be designated, he shall so state. The Certificate shall be sworn to any officer authorized to administer an oath.
   18. Delinquent tax certification as follows:
       
       No delinquent tax and transfer entered this _____ day of ____________, 20__.
   19. Certification of City approval as follows:
       
       Approved by the City of Pine City, Minnesota, this _____ day of ___________, 20__.
       
       Signed_____________________ Attested_____________________
       Mayor City Administrator

(Prior Code, § 10.600.0400)

1. Authority. The City Council shall have the final authority to approve Area Plans. Such plans may be considered by the City Council only after the Planning Commission has reviewed the plans and submitted its recommendations to the Council.
2. Application procedure.
   1. The owner of record, or any person acting on behalf of the owner of record of any tract one acre or larger in area, may apply for a PUD designation. The application for a PUD designation shall be for review and approval of an Area Plan for development of the entire tract. Following review by the Planning Commission and approval of the Area Plan and designation of the lot as a PUD by the City Council, a second application shall be made for approval of Final Site Plans for the entire tract, or portion thereof, if development is to occur in phases. A separate application for Final Site Plan approval shall be required for each phase. No construction or other site improvements may commence and no permit shall be issued on a tract with a multiple stage PUD designation, until a Final Site Plan has been approved in accordance with this chapter.
   2. Each application shall be filed with the City, who shall transmit the Area Plan to the Planning Commission.
   3. A developer’s agreement shall be initiated between the City of Pine City and the applicant upon approval of Preliminary Plan.
   4. Pre-application conference. Before submitting an application for a PUD, an applicant may confer with the Planning Staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data.
3. Area and Final Plan; information required. The following minimum information shall be required for both Area and Final Plans. Additional minimum information for Area Plans is listed in Subsection (d) of this section.
   
   Additional minimum information for Final Plans is listed in Subsection (h) of this section. The application shall be accompanied by 20 copies of the proposed plan, drawn at a scale of between one to 20 and one to 200 and of such accuracy that the commission can readily interpret the plan. It shall include more than one drawing where required for clarity. The plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer, or land surveyor. At a minimum, the plan shall include the following:
   1. The name and address of the property owner, developer, and/or designer and the proposed name of the development.
   2. Identification of lot lines and location, including dimensions, angles, and size, correlated with the legal description of the property.
   3. Scale, north point, boundary dimensions, and date.
   4. Natural features such as wood lots, streams, rivers, lakes, drains, topography and similar features. All existing data shall directly relate to USGS data.
   5. Site location map, showing the PUD in relation to the surrounding area. Show existing manmade features such as buildings, structures, easements, high tension towers, excavations, bridges, culverts and drains.
   6. Location and size of all existing utilities (public and private) serving the site, as well as the location, size, and layout of all proposed utilities to serve the property. The developer will ensure that the staging of the subdivision will include adequate provisions for all utilities and streets for adjacent undeveloped properties.
   7. Identify adjacent properties within 100 yards and their existing uses. Show names of adjacent subdivisions; layouts of streets (with names); rights-of-way widths; connections with adjoining streets; and Widths and locations, alleys, easements, and public sidewalk adjacent to or connecting with the tract.
   8. Location of proposed structures, proposed finished floor, and grade line elevations.
   9. Existing/proposed streets, ROW widths, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site.
   10. Existing and proposed 100-year floodplain boundaries (where applicable) and include a note stating whether the site is within or outside the 100-year floodplain. This note shall reference the applicable FIRM map panel number and date. Where the floodplain is proposed to be altered, the application must contain approval from FEMA for the alteration.
   11. Delineate wetlands subject to Pine County Regulations and the U.S. Army Corps of Engineers (COE) regulations. Appropriate documentation of coordination with Pine County and the COE shall be provided.
   12. Indicate lots that are more susceptible to street movement. Typically, those lots at the end of tangent sections, lots across from "T" intersections, and lots on the outside of radii are susceptible to street movement regardless of whether they are uphill or downhill from these areas.
   13. Indicate how stormwater detention requirements will be addressed.
   14. Landscape plan in conformance with the requirements of PCC 13.76.340.
   15. The proposed stages of development, if applicable.
   16. A written statement which, at a minimum, shall include:
       1. A statement explaining why the PUD and deviations from the current ordinance are being requested.
       2. Estimated total number of residential units.
       3. Average square feet of each unit.
       4. A statement of the ownership of all land involved.
       5. An explanation of the general character of the PUD.
       6. A general expected time frame and completion date.
       7. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces.
       8. A statement describing how all necessary services will be provided and who will govern them.
       9. A statement describing the anticipated population including school age children, adults and families.
       10. Conformance with the Comprehensive Plan.
       11. Any other information deemed necessary by the Planning Commission.
4. Area Plan; information required.
   1. Application. The application for Area Plan approval shall be made on forms supplied by the City for such purpose.
   2. Area Plan. The application shall be accompanied by 20 copies of the proposed Plan drawn at appropriate scale showing at a minimum, the following:
      1. All information requested in Subsection (c) of this section.
      2. Name of proposed PUD project, which shall be an original and not a duplicate of any previously recorded project. Project and street names shall not duplicate any project or street names within Pine County unless said street is an existing street that runs through the PUD project.
      3. The zoning status and existing land use of the PUD and all adjacent properties (regardless of political subdivision) shall be identified on the plan. If the project contains more than one Planned District category, the zoning district boundary lines shall be clearly indicated.
      4. Boundary lines of school, fire, and water districts, municipal limits shall be identified on the Plan where applicable.
      5. The general plan layout of the entire PUD showing proposed land uses, streets, parking areas, open space areas, and sidewalks with significant dimensions indicated where appropriate to clarify the plan.
      6. Lot layout, dimensions, setback requirements.
      7. All planned use areas shall be clearly labeled as to the proposed use.
      8. All parcels of land to be dedicated or reserved for public use or for use in common by the property owners in the Planned District shall be indicated on the plan dedication or reservation.
      9. The substance of covenants, grants of easements, or other restrictions proposed to be imposed upon the use of land, buildings, and structures, including proposed easements or grants for public utilities.
      10. Proposed stages of development.
      11. Lighting location and cutsheets on the lighting proposed. Indicate height of poles.
      12. Total gross area of the PUD Area Plan in acres.
      13. Breakdown of the total gross land area by land use type, such as townhouses, single-family, retail, open space, church, school, etc.
      14. Colored elevations of all sides of structures to be built within the subdivision are to be provided as a part of submittal. In cases of custom-built homes, plot plans for typical structures must be provided.
      15. A preliminary copy of Trust Indentures/Covenants, Deed Restrictions must be provided.
      16. Statement explaining why the PUD is being requested and deviations from the current ordinance.
      17. Any additional information deemed necessary by the City to adequately illustrate the proposed development.
      18. Legal description.
      19. Record plats are to be submitted to Pine County.
      20. Residential data shall include:
          1. Estimated total residential units.
          2. Average square feet of residential land per each type of residential unit (lot average).
          3. Lot average including amenity area.
          4. Square footage of ten smallest lots.
          5. Total parking by land use type and parking ratio per dwelling unit.
          6. Note and show transition buffers and methods of screening on the plan where required.
      21. Commercial and industrial data shall include:
          1. Estimated total building square footage by land use area:
          2. Percent building coverage by land use type for business and industrial PUDs.
          3. Breakdown of nonresidential land by type of use.
          4. Total parking by land use type and parking ratio per floor area.
          5. Note and show transition buffers and methods of screening on the plan, where required.
5. Area Plan; review procedure.
   1. Upon receipt of the Area Plan, the Staff shall undertake a study of the Area Plan. The Commission shall advise the applicant in writing of any recommended changes in the Area Plan as are needed to conform to the standards of this chapter and other pertinent ordinances.
   2. The City shall establish a public hearing on the Area Plan, said hearing to be held at the regular Commission meeting. At least 15 days’ notice of the hearing shall be published in a newspaper of general circulation along with the hearing notice for a zoning amendment for the tract in question if such amendment is applied for. The public hearing may be held jointly with a public hearing on any zoning change for the tract in question.
   3. The City shall prepare a report on the Area Plan and shall submit this report to the Planning Commission. This report shall contain the City’s analysis of the Area Plan and its recommendations thereon to the Council.
   4. The Planning Commission shall prepare recommendations and analysis on the Area Plan and shall submit this report to the City Council.
   5. The City Council shall review the Area Plan, and the report of the Planning Commission thereon, and shall approve or deny the Area Plan.
6. Standards for Area Plan approval.
   1. The Planning Commission shall determine based upon its own findings that the proposed Area Plan meets the intent of this chapter and meets the flowing standards:
      1. The use of land shall be in conformance with the permitted uses of the district in which the proposed development is to be located, and conforms to the adopted Comprehensive Plan or any part thereof, or represents land use policy which, in the Commission's opinion, is a logical and acceptable change in the adopted Comprehensive Plan.
      2. The average density of development within the PUD shall remain the same as would be permitted if the area were to be developed conventionally. The development (buildings) so permitted may be clustered and located irrespective of yard setback requirements or lot lines in order to create a smaller network of streets and utility lines and to create additional open space for the enjoyment of the residents.
      3. The proposed development shall be adequately served by public facilities and services, such as: highways, streets, police and fire protection, drainage courses, water and sanitary sewer facilities, refuse disposal; or that the persons or agencies responsible for the proposed development shall be able to provide, in a manner acceptable to the City, any such facilities and services.
      4. Each phase of the proposed development shall not be dependent upon completion of subsequent phases of the same development for the facilities and services identified in Subsection (c) of this section.
      5. The common open space, any other common properties, individual properties, and all other elements of the PUD are so planned that they will achieve a unified environmental scheme, with open spaces and all other elements in appropriate locations, suitably related to each other, the site and the surrounding land. All common spaces shall be permanently secured as such to the satisfaction of the City.
      6. The location of the proposed uses, layout of the site and its relation to streets giving access to it, shall be such that traffic to, from, and within the tract and concentration of persons in connection therewith, will not be hazardous or inconvenient to the project or the neighborhood. In applying this standard, the Commission and Council shall consider among other things, convenient routes for pedestrian traffic, particularly of children; relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the neighborhood.
      7. Where applicable, the Commission and Council shall determine that noise, odor, light, or other external effects from any source whatsoever, which are connected with the proposed use, will not adversely affect adjacent and neighboring areas and uses.
7. Effect of Area Plan approval. Approval of the Area Plan by the City Council shall have the following effects:
   1. Approval shall ensure the applicant that the Area Plan is acceptable to the Council for the three-year period provided construction is diligently pursued, and authorizes the applicant to file a Final Site Plan for the entire tract or portion thereof if the PUD is developed in phases.
   2. Official approval of the Area Plan shall confer PUD status to the subject tract and permit modifications of the development standards, including, but not limited to, lot area, lot width, yard requirements, and spacing among buildings and structures within the lot, except on the perimeter thereof, all as set forth in the approved Area Plan.
   3. No deviations from the Area Plan approved by the City Council shall be permitted except as provided in this chapter.
   4. Approval of the Area Plan of a PUD shall expire and be of no effect one year after the date of approval unless a Final Site Plan has been approved by the Planning Commission.
8. Final Site Plan; information required. Every Final Site Plan submitted to the Planning Commission shall be made on forms supplied by the City for such purpose and shall be in accordance with the requirements of this section at a minimum:
   1. All information required in Subsection (d) of this section.
   2. Show the size of proposed main and accessory buildings, their relation to one another and to any existing structures to remain on the site, and the height of all buildings and structures, as well as building elevations for the buildings proposed.
   3. Show the location, size and number of parking spaces in the off-street parking, and the identification of service lanes, service parking, and loading zones.
   4. Show the proposed location, use, and size of any open spaces and the location of any landscaping, fences, or walls on this site.
   5. Any proposed alterations to the topography and other natural features shall be indicated.
   6. It shall be stated that all necessary utilities (public and private) will be available, functioning, and usable at the time any stage of the project is ready for occupancy.
   7. The applicant (or representative) is required to appear before the Commission.
   8. Note and show transition buffers and methods of screening on the plan, where required.
9. Final Site Plan; review procedure.
   1. The Planning Commission shall, upon receipt of a Final Site Plan, study same and approve or deny the final Site Plan. The Commission shall advise the applicant of its action in writing.
   2. The Planning Commission shall transmit the approved Final Site Plan to the City Council for its information. No action of the Council shall be required and the approval of the Planning Commission of the Final Site Plan shall be considered the official and final approval by the City of the Final Site Plan.
   3. The procedure of this section shall be repeated in full for each phase of the development in the approved Area Plan.
10. Standards for Final Site Plan approval. The Planning Commission, in granting Final Site Plan approval, shall determine that the following standards, at a minimum, have been met.
    1. The Final Site Plan shall conform to the approved Area Plan, except that minor variations in layout may be permitted at the discretion of the Staff and without amendment of the approved Area Plan. Minor variations include, among others, a change in residential floor area, an increase in nonresidential floor area of five percent of less, and a change in layout, provided that in the case of a change in layout, the applicant shall provide a revised Area Plan which incorporates such layouts. Modifications, such as, but not limited to, a change in use, type of street, increase in density or intensity of development, type of dwelling unit, or an increase in nonresidential floor area of over five percent, shall be considered major changes and shall require amendment of the approved Area Plan. The Commission shall determine whether a change is minor or major, in accordance with this section.
    2. All dedications shall have been completed or, in lieu thereof, proper agreements shall be made for such dedication in the future with the Council.
    3. If the lot is to be developed in phases, each phase shall not depend on subsequent phases for adequate access, utilities, or public facilities.
11. Preservation and maintenance of open space. All open spaces identified in the approved Area Plan and which are to remain in private ownership shall permanently remain as open space and shall be properly maintained.
12. Amendment of a PUD project.
    1. An approved PUD project may be amended at either the Area Plan or Final Site Plan stage by use of the procedure for original approval. An amendment to a Final Site Plan which results in a major change in the Area Plan shall require an amendment of the Area Plan and shall be processed in the same manner as the original application with public hearings before the Planning Commission and the City Council following due public notice as required by law.
    2. An application for an amendment of a Planned Unit Development must meet the following requirements:
    3. The Final Site Plan must have been approved within the previous 12 months; and:
       1. The City Council has approved related changes in the Municipal Development Ordinance, Zoning Code, Subdivision Regulations, Shorelands Regulations, Comprehensive Plan, or Neighborhood Plan.
       2. Minor changes in the location, siting, and heights of buildings and structures were caused by unforeseen circumstances.
       3. Minor extensions, alterations, or modifications of existing structures if such changes are consistent with the intent and purpose of the Final Plan and do not increase the size of any building or structure by more than ten percent than originally approved in the preliminary development plan.
       4. Changes in the use of common open space of the replacement of any building substantially destroyed which exceed the intent and purpose of the final development plan.
13. Expiration of approvals.
    1. If a tract has been designated as a PUD by the Council, said tract shall not be developed or used except in accordance with the approved Area Plan and Final Site Plan unless and until such designation is removed by formal action of the Council.
    2. A Final Site Plan for the entire area designated as a PUD, excepting all Final Site Plans for subsequent phases thereof up to a period not to exceed two additional years, shall have received approval of the Commission within one year of the date of Council approval of the Area Plan. Failure to obtain approval of Final Site Plans as herein provided shall authorize the Staff to revoke, at its discretion, the right to develop under the approved Area Plan and to require that a new Area Plan be filed and reviewed in accordance with the provisions of this chapter.
    3. Approval of the Final Site Plan of a PUD shall expire and be of no effect 180 days after the date of approval unless and until all appropriate fees have been paid and the City shall have issued a Building Permit for the development authorized by said approved Plan. Approval of the Final Site Plan in a PUD shall expire and be of no effect one year after the date of approval unless construction is begun and is diligently pursued in accordance with the approved Plan. Expiration of the approved Plan shall authorize the Council to require filing and review of a new Final Site Plan in accordance with the provisions of this chapter.
    4. Development under an approved PUD shall be completed within two years of the date of approval of the Final Site Plan. If said development is not so completed, the Commission shall not review or approve plans for any subsequent phases of the PUD unless good cause can be shown for not completing same.
14. Extension of time limits. Time limits set forth in this chapter may be extended by written agreement between the applicant and the Commission or Council whichever is applicable, in the case of Area Plans, and between the applicant and the Commission in the case of Final Site Plans.
15. Violations. The approved Area Plan and/or Final Site Plan shall have the full force of the Zoning Code. Any violation of either the approved Area Plan or approved Final Site Plan shall be grounds for the City to issue a stop work order and to withhold Building Permits until the violation is removed, and shall cause the owner of the development to be subject to the provisions of this chapter.

(Prior Code, § 10.600.0500)

1. Concept plans presented before a Site Plan. Concept Plans may be presented to the Planning Commission for speculative buildings. Submittal deadline is the same for all items to be reviewed by the Commission.
2. Purpose.
   1. It is recognized by this chapter that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is a value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further there are benefits to the public in conserving natural resources. Toward this end, this chapter requires Site Plan review and approval by the Commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land usage, and the character of future urban development.
   2. The Site Plan is intended to demonstrate to the Planning Commission the character and objectives of the proposed development in adequate detail for the Commission to evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as a part of the plan and be binding on the use and development of the property.
3. Buildings, structures, and uses requiring Site Plan. All proposed commercial and industrial developments and those residential developments with four or more dwelling units in the City of Pine City shall be reviewed by the Planning Commission and are required to receive Site Plan approval from the City Council prior to the issuance of a Building Permit.
4. Buildings, structures, and uses exempt from Site Plan. On sites where the City of Pine City does not have a Site Plan already on file, certain types of development may not be required to go through the formal Site Plan process; however, building permits may still be required. All other setbacks and pertinent ordinances shall be adhered to. The City alone will determine whether or not a proposed development requires a development Site Plan review. Examples of qualifying exemptions can be found below:
   1. Interior alteration of an existing building when the alteration does not increase the square footage or the height of the building.
   2. Application for a Certificate of Occupancy for a change to another permitted use which does not increase off-street parking requirements from the existing use or all required parking is existing and in compliance with current codes.
   3. Construction of a fence, but no exemption is granted by this subsection for construction of a retaining wall or for a fence that may obstruct the flow of water.
   4. Substantial restoration within a period of 12 months of a building damaged by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind.
   5. Enclosure of an existing staircase or porch.
   6. One single-car carport placed over an existing parking space (meeting other building requirements). Such a carport shall consume an area of no more than 200 square feet, be no more than 12 feet in height, and have side walls of no more than eight feet in height.
   7. A ground-level deck of less than 2,500 square feet which is for open space use.
   8. The replacement of an existing roof where height is not increased by more than six feet.
   9. The remodeling of an exterior facade where new construction is limited to the addition of columns or awnings for windows or entranceways.
   10. Canopies over existing gas pumps and paved driveways.
   11. Sidewalks constructed on existing impervious cover.
5. Application and fee.
   1. Any persons may file a request for a Site Plan review by the Commission by filing with the City the completed application upon the forms provided and payment of the review fee. As an integral part of said application, the applicant shall file at least 20 copies of a Site Plan.
   2. The City Administrator, upon receipt of such Site Plan, other necessary data and payment of the required fee, shall forthwith transmit the copies to the Commission prior to its next regularly scheduled meeting in accordance with the City’s submittal deadlines. The Commission shall then undertake a study of same and shall approve or deny the Site Plan. Written notice will be sent to the applicant within 15 days stating the time and place of review of the Site Plan by the Commission.
6. Required data for Site Plan. Every Site Plan submitted to the Commission Shall be in accordance with the requirements of this section.
   1. The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of said property. The Site Plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer or land surveyor. It shall also include the name and address of the property owner, developer, and designer (and their seal).
   2. The Site Plan shall be of a scale not to be greater than one inch equals 20 feet nor less than one inch equals 200 feet, and of such accuracy that the Commission can readily interpret the Plan, and shall include more than one drawing where required for clarity.
   3. It shall show the scale, north arrow, boundary dimensions, and natural features such as woodlots, streams, rivers, lakes, drains, topography (at least five-foot contour intervals; when terrain is irregular or drainage critical, contour interval shall be two-foot) and similar features.
   4. It shall show existing manmade features such as buildings, structures, easements, high tension towers, pipe lines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts, and drains and shall identify adjacent properties within 100 yards and their existing uses.
   5. It shall show the location, proposed finished floor and grade line elevations, size of proposed main and accessory buildings, their relation one to another and to any existing structures to remain on the site, and the height of all buildings and structures, as well as full color building elevation illustrations and materials proposed for the structures under consideration.
   6. It shall show the proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking areas and identification of service lands, service parking and loading zones, in conformance with the requirements set forth in PCC 13.76, Art. II.
   7. It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. All necessary utilities (public and private) will be available, functioning, and usable at the time any stage of the project or the total project is ready for occupancy.
   8. A Landscape Plan that meets the requirements of PCC 13.76, Art. III, shall be included as part of the Site Plans submitted.
   9. Any proposed alterations to the topography and other natural features shall be indicated.
   10. The location, height, and intensity of all exterior lighting.
   11. The location and type of trash pickup proposed must be designated. With the exception of industrial districts, screening must be shown.
   12. Any other information deemed necessary by the Commission.
   13. If required for clarity, more than one drawing must be submitted.
   14. A site location map that shows the site in relation to the surrounding area.
   15. Name and address of property owner.
   16. Show existing floodplain, flood fringe, and floodway areas.
   17. Show existing and proposed fire hydrants within 300 feet of the property.
   18. Provide calculations of on-site coverage of buildings, landscaped area, and pavement.
   19. Show conformance with the Comprehensive Plan.
   For those buildings where a concept plan has been submitted, a complete Site Plan reflecting all requirements will be required.
   
   Note: All plans, architectural drawings, renderings or other materials or visual aids either submitted to the Planning Commission or presented at their meeting shall become the property of the City and part of the permanent record of any approval.
7. Standards for Site Plan review. In reviewing the Site Plan, the Commission shall ascertain whether it is consistent with all regulations of the Zoning Code. Further, in consideration of each Site Plan, the Commission shall endeavor to ensure the following:
   1. That the movement of vehicular and pedestrian traffic within the site and in relation to access streets shall be safe and convenient.
   2. That provisions are made so that the proposed development will not be harmful to the existing and future uses in the immediate area and the vicinity.
   3. All Site Plans will be reviewed for adherence to the Performance Standards as set forth in the Municipal Development Ordinance.
8. Approval of Site Plan.
   1. Upon Commission approval of a Site Plan the applicant shall file with the Commission four copies thereof. The Secretary of the Commission shall transmit one copy each to the Administrator and Code Enforcement Officer with the Secretary's signature affixed thereto, certifying the Site Plan conforms to the provisions of the Zoning Code as determined and approved by the Commission.
   2. If the Site Plan is denied by the Commission, explanation and notification of denial shall be given to the applicant within 15 days of their decision.
9. Expiration of Site Plan Certificate. The Site Plan Certificate shall expire, and be of no effect, 180 days after the date of issuance thereof, unless within such time a Building Permit for any proposed work authorized under said Site Certificate has been issued. The Site Plan Certificate shall expire and be of no effect 360 days after the date of its issuance if construction has not begun and been pursued diligently on the property.
10. Revision of Site Plan. A Site Plan may be amended or revised by the Commission so far as the Commission approved Site Plan is concerned, for which the City has not issued a Building Permit, or the work authorized under an issued building has not been completed. Such amendment shall be made upon application and in accordance with the procedure provided under this chapter.
11. Site Plan escrow. As a condition of approval of the Site Plan, the City may require the applicant to establish an escrow per the Pine City Fee Schedule to ensure performance of any obligations of the applicant to make improvements shown upon the detailed Site Plan. The deposit shall be in an amount sufficient to ensure completion of the improvements within the time specified by the Commission in accordance with regulations and standards established by the City. The City shall reduce the required escrow, and rebate to the applicant any excess cash deposits, as the work progresses, amounts equal to the percentage of the work completed on the entire improvement shown upon the detailed Site Plan as verified and authorized by the City.
12. Violations. The filing of a Site Plan shall constitute an agreement by the owner and applicant, their heirs, successors, and assigns that if the Site Plan is approved by the Planning Commission; permits issued for the improvement of such property and activities subsequent thereto shall be in conformance with the approved Site Plan for the property in question. The approved Site Plan shall have the full force and effect of the Zoning Code. Any violations shall be grounds for the City to issue stop work orders, withhold further permits, and take all actions necessary for the assessment of all penalties and fines as outlined in PCC 13.100.

(Prior Code, § 10.600.0600)

1. Purpose. Conditional uses are those types of uses which are considered by the City to be essentially desirable, necessary, or convenient to the community, but which by their nature or in their operation have:
   1. The potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of the Zoning Code; and/or
   2. The potential to create undesirable impacts on nearby properties which potentially cannot be determined without a binding Site Plan and on a case-by-case basis.
      1. Such conditional uses cannot be allowed to locate "as a right" on any parcel of land within certain districts without consideration of existing conditions at the proposed location and of properties neighboring upon the specific site considered, nor without adequate and sufficient safeguards, when necessary, to lessen the impact of adverse factors.
      2. Any use that was permitted under a prior Zoning Code that is a conditional use under this Code as enacted or modified shall be subject to a conditional use Permit prior to expansion of said use or facility.
2. Application. Application for amendments or conditional use permits, as provided within this chapter, shall be filed with the City on an official application form. The application shall also be accompanied by complimentary copies of detailed written and graphic materials fully explaining the proposed change, development, or use. The City shall refer the application, along with all related information, to the City Planning Commission for consideration and a report at least 15 days before the next regular meeting.
3. Public hearing.
   1. The City, on behalf of the Planning Commission, shall set a date for a public hearing for amendments and conditional use permits. Notice of the time, place and purpose of the hearing shall be published in the official newspaper.
   2. Notice shall be mailed, not less than ten days prior to the hearing, to all property owners of record according to the county assessment records, within 350 feet of the property to which the request relates. The applicant shall be required to provide a list of property owners and addresses within 350 feet of affected property. A copy of the notice and a list of the property owners and addresses to which the notices were sent shall be attested to by the City 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 bonafide attempt to comply with this subdivision has been made.
4. Planning Commission. The Planning Commission shall consider the request and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of the meeting, in which case the request shall be placed on the agenda and considered at the regular meeting following the next regular meeting. The City shall refer the application, along with all related information, to the City Planning Commission for consideration. The applicant or his representative shall appear before the Planning Commission in order to answer questions concerning the proposed amendment or conditional use.
5. Additional information. 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, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
6. Finding of fact and recommendation. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request to the City Council.
   1. In considering conditional use requests, the Planning Commission shall evaluate the use, utilizing from the requirements of Subsections (a) through (m) of this section:
      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 this chapter.
      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 PCC 13.80.020 and shall not adversely impact adjoining or surrounding residential uses.
      5. Adequate off-street parking and loading shall be provided in accordance with PCC 13.72, Art. II. Such parking and loading shall be screened and landscaped from abutting residential uses in compliance with PCC 13.76, Art. VI.
      6. The proposed water, sewer and other utilities shall be capable of accommodating the proposed use.
      7. The street serving the use or activity shall be of sufficient design to accommodate the proposed use or activity, and such use or activity shall not generate such additional extra 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. The conditional use application shall comply with the minimum specific requirements pertaining to each designated conditional use as stated in PCC 13.108. Additional conditions may be added.
7. Additional development requirements of certain uses. See PCC 13.108.
8. Council action. Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered into and made part of the permanent written record of the City Council meeting.
9. Council decision. Upon receiving the report and recommendation of the Planning Commission, the City Council shall either:
   1. Approve or disapprove the request as recommended by the Planning Commission, based upon whether the application meets the requirements stated in this chapter;
   2. Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such modifications, alterations or differing conditions shall be in writing and made part of the Council’s records; or
   3. Refer the recommendation back to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action. Approval of a request shall require passage by two-thirds vote of the full City Council. The City shall notify the applicant of the Council’s action.
10. Review.
    1. Designated time limits may not be set on the conditional use (see PCC 13.84.080). However, the Conditional Use Permit shall be reviewed and will continue on or be revoked at the discretion of the City Council upon its review.
    2. The City Council may set a date for future review and renewal or non-renewal of a Conditional Use Permit. At a minimum, a conditional use is reviewable annually.
    3. All conditions pertaining to a specific site shall be subject to change when the Planning Commission or City Council, upon their investigation or review, finds that the community safety, health, welfare and public betterment can be served as well or better by modifying the conditions.
    4. A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter, and grounds for the City to revoke the Conditional Use Permit by a majority vote of the City Council.
11. Appeal of decision. The recommendation of the Planning Commission shall be advisory to the City Council. The decision of the City Council shall be final subject to judicial review.
12. Lapse of Conditional Use Permit by non-use. Whenever within one year after granting a Conditional Use 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 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 City or City Administrator at least 30 days before the expiration of the original 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 conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision and shall be requested only one time on a singular action.

(Prior Code, § 10.600.0700)

State law reference—Conditional use permits, Minn. Stats. § 462.3595.

1. Purpose of interim uses. An interim use may be allowed as a temporary use of property until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer allow it.
2. Authorization of interim use. The City Council may approve an interim use of property as defined and authorized by Minn. Stats. § 462.3597.
3. Initiation of interim use. Any person having a legal or equitable interest in a property may file an application to use such land for one or more interim uses.
4. Application for interim use. An application for interim use shall be filed on a form approved by the zoning administrator.
5. Hearing on applications for interim use. The Planning Commission shall hold a public hearing on each valid and complete application for interim use.
6. Findings and recommendations of Planning Commission. After the close of the hearing on a proposed interim use, the Planning Commission shall make findings, according to the standards for a Conditional Use Permit as established by PCC 13.84.070. The Planning Commission shall then submit its findings together with its recommendations to the City Council.
7. Action by City Council on interim uses. The City Council shall make the final decision regarding all applications for interim use.
8. Interim use conditions and guarantees.
   1. In general. Any City Council approval of an interim use shall be subject to the following conditions:
      1. The interim use shall be allowed as a conditional use in the zoning district in which it is to be located.
      2. Except as otherwise authorized by this section, an interim use shall conform to this chapter as if it were established as a conditional use.
      3. The date or event that will terminate the interim use shall be identified with certainty by the City.
      4. In the event of a public taking of property after the interim use is established, the property owner shall not be entitled to compensation for any increase in value attributable to the interim use.
      5. Such conditions and guarantees as the City Council deems reasonable and necessary to protect the public interest and to ensure compliance with standards and purposes of this chapter and policies of the comprehensive plan.
   2. Exceptions. The City Council may waive conditions that would apply to an interim use upon finding that the temporary nature of the interim use will eliminate the adverse effects the condition was intended to prevent.

(Prior Code, §§ 10.600.0800, 10.600.0805; Ord. No. 21-06, 6-2-2021)

State law reference—Interim uses, Minn. Stats. § 462.3597.

1. Purpose; Board of Adjustment.
   1. A variance is required if some aspect of a proposed project does not conform with the development standards for the zone. The purpose of issuing variances is not to allow exceptions to the development standards but rather to help achieve equal treatment for owners who would be disadvantaged by strict application of these standards.
   2. The City Council serves as the Board of Adjustment.
2. Application and procedure.
   1. The applicant for a variance shall complete and submit to the City an official application for a variance together with a non-refundable fee established by the City Council. In addition to the fee, the applicant shall sign an agreement, on forms provided by the City to pay the cost of all engineering, planning, legal and inspection expenses incurred by the City in processing the application. The application shall contain the names and mailing addresses of all property owners within 350 feet of the subject property.
   2. Complimentary copies of detailed written and graphic materials fully explaining the proposed change or development that would require a variance shall accompany the application. The City shall refer the application, along with all related information, to the City Planning Commission for consideration and a report at least 15 days before the next regular meeting.
   3. Upon determining that all required information has been provided, a public hearing shall be scheduled before the Planning Commission and notice shall be published, posted and mailed according to Minn. Stats. § 394.26.
3. Public hearing.
   1. The City, on behalf of the Planning Commission, shall set a date for a public hearing for the variance. Notice of the time, place and purpose of the hearing shall be published in the official newspaper.
   2. Notice shall be mailed, not less than ten days prior to the hearing, to all property owners of record according to the county assessment records, within 350 feet of the property to which the request relates. A copy of the notice and a list of the property owners and addresses to which the notices were sent shall be attested to by the City 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 bonafide attempt to comply with this subdivision has been made.
4. Planning Commission. The Planning Commission shall consider the request and hold a public hearing at its next regular meeting unless the filing date falls within 15 days of the meeting, in which case the request shall be placed on the agenda and considered at the regular meeting following the next regular meeting. The City shall refer the application, along with all related information, to the City Planning Commission for consideration. The applicant or his representative shall appear before the Planning Commission in order to answer questions concerning the proposed variance.
5. Powers, duties and obligations of the Planning Commission. The Planning Commission shall have the following powers, duties, and obligations:
   1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
   2. 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.
6. Standards and findings of fact for granting variances. A variance may be granted only in the event that the applicant demonstrates by factual presentation that all of the following circumstances exist:
   1. The literal interpretation of the provisions of this chapter would cause undue hardship, deprive the applicant of rights commonly enjoyed by other properties in the same District under the terms of this chapter and leave the applicant without reasonable use of the land, provided that the applicant shall not have created the hardship.
   2. The conditions causing the hardship are unique and are not shared by neighboring property in the same zoning district. Exceptional or extraordinary circumstances apply to the property which does not apply generally to other properties in the same zoning district and result from lot size or shape, topography, or other circumstances over which the owners of the property since enactment of this chapter had no control.
   3. The variance would be in keeping with the spirit and intent of this chapter, would be consistent with the Comprehensive Plan, and would not essentially alter the character of the neighborhood, or adversely affect the environmental quality of the area.
   4. The variance would not allow any use that is not permitted under this chapter for a property in the zoning district where the affected applicant’s land is located.
   5. The variance would not impair an adequate supply of light and air to adjacent properties.
   6. The variance would not increase the congestion in the public rights-of-way.
   7. The variance would not increase the danger of fire or endanger the public safety.
   8. The variance would not cause an unreasonable strain upon existing municipal facilities and services.
   9. The variance would not have a negative direct or indirect fiscal impact upon the City, County or School District, unless the proposed use is determined to be in the public interest.
7. Board of Adjustment action. Upon receiving the report and recommendation of the Planning Commission, the Board of Adjustment shall place the report and recommendation on the agenda for the next regular meeting. The reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
8. Board of Adjustment decision. Upon receiving the report and recommendation of the Planning Commission, the Board of Adjustment shall either:
   1. Approve or disapprove the request as recommended by the Planning Commission, based upon whether the application meets the requirements stated in this chapter;
   2. Approve or disapprove the recommendation of the Planning Commission with modifications, alterations, or differing conditions. Such modifications, alterations or differing conditions shall be in writing and made part of the Board’s records; or
   3. Refer the recommendation to the Planning Commission for future consideration. This procedure shall be followed only one time on a singular action. Approval of a request shall require passage by two-thirds vote of the full Board. The City shall notify the applicant of the Board’s action within 15 days of the decision.
9. Conditions and restrictions. In granting a variance, the Planning Commission may recommend and the Board of Adjustment may impose additional conditions and restrictions which are reasonably necessary to ensure compliance with all provisions of this chapter, and with the language and intent of the Comprehensive Plan, and to protect adjacent properties.
10. Appeals. Any person wishing to appeal an order, requirement, decision, or determination made by an administrative officer in enforcement of this chapter shall complete and submit to the City an application for appeal within 30 days after the date of the order or decision in question. The application for appeal shall contain a complete statement of the order, requirement, decision or determination, the name of the administrative officer involved, and a concise statement of the alleged error committed.
    1. The City shall determine that the application contains all the required information before presenting the application to the Planning Commission.
    2. The Planning Commission shall review the application and make written findings of fact to the Board of Adjustment.
    3. The Board of Adjustment shall grant or deny the appeal request after receiving the recommendation of the Planning Commission.
11. Lapse of variance or appeal.
    1. Whenever within one year after granting a variance or appeal the work as permitted by the variance or appeal shall not have been completed by the applicant, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Board of Adjustment. Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original variance or appeal.
    2. 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 or appeal. Such petition shall be presented to the Planning Commission for a recommendation and to the Board of Adjustment for a decision, and shall be requested only one time on a singular action.
12. Performance bond. Upon recommendation of the Planning Commission, the Board of Adjustment shall have the authority to require a performance bond or other securities when it is deemed necessary and appropriate.
    1. Except in the case of non-income-producing residential property, upon approval of a variance or appeal the City may be provided with a surety bond, escrow Certificate of Deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the variance or appeal and the ordinances of the City.
    2. The security may be in the amount of the Board of Adjustment’s estimated costs of labor and materials for the proposed improvements or development.
    3. The City may hold the security until completion of the proposed improvements or development and a Certificate of Occupancy, indicating compliance with the variance or appeal and ordinances of the City, has been issued by the City Zoning Administrator.
    4. Failure to comply with the conditions of the variance or appeal and/or ordinances of the City shall result in forfeiture of the security.

(Prior Code, §§ 10.600.0900 and 10.600.0945)

State law references—Council may serve as board of adjustment, Minn. Stats. § 462.354, Subd. 2; variances and appeals, Minn. Stats. § 462.357, Subd. 6.