(a)

Purpose and intent. The site plan review procedure is an administrative review performed by city staff for uses which, because of their nature, operation and location in relation to other uses, require a more thorough review procedure. The purpose of this procedure is to identify all relevant issues and permit requirements prior to the application for a building permit. To achieve this, this section describes the procedures governing the application and review process.

(b)

Uses subject to the site plan review procedure. Site plan review shall be required for all of the following uses:

(1)

Temporary structures.

(2)

Any uses permitted with conditions in the A, R-S, R-1, R-2 and R-3 zoning districts.

(3)

Any uses permitted and permitted with conditions in the TC, TC-T, C-1, C-2, C-3, and I-1 zoning districts involving new construction or substantial building alteration that may impact required parking, landscaping or other requirements of this article.

(4)

Interim uses.

(c)

Application for site plan review. An application for a site plan review shall be on a form provided by the city and shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the zoning districts in which the property is located. The application shall also be accompanied by the following information:

(1)

A certificate of survey of the property.

(2)

Fee for a site plan review as set forth in the fee schedule.

(3)

A detailed site plan based on the current survey. The site plan must include the following information:

a.

Site dimensions.

b.

Site conditions and existing development on the subject property and immediately adjacent properties.

c.

The proposed use of all areas of the site.

d.

The proposed density, type, size and location of all dwelling units, if dwelling units are proposed.

e.

The general size, location and use of any proposed nonresidential buildings on the site.

f.

All public streets, entrance and exit drives, and walkway locations.

g.

All parking areas.

h.

Trash enclosures.

i.

Outdoor mechanical equipment.

(4)

Landscaping plans, including irrigation plans.

(5)

A tree inventory and tree preservation plan.

(6)

Information detailing existing natural features, including surface waters, wetlands, bluffs, etc.

(7)

Lighting plans showing all outside and building exterior lighting.

(8)

Signage plans.

(9)

Grading and erosion and sediment control plan, including stormwater drainage calculations.

(10)

Utility plans.

(11)

A fire protection plan identifying fire lanes, hydrant locations, post indicator valves and Siamese connections.

(12)

Building plans, including exterior wall elevations, exterior building materials and cross section floor layouts.

(13)

Any other information the city may request to determine whether the proposed project meets the requirements of this section.

(14)

Summary sheets which include:

a.

Proposed densities, ground floor area and floor area ratios.

b.

Acreage or square footage of individual land uses on the site.

(d)

Procedure for approval of a site plan. After receipt of a complete application, the community development department will refer the application to relevant city departments and to other interested parties. The community development department will review the proposed development for compliance with the provisions of this article, the subdivision regulations and other applicable chapter provisions and ordinances. Within 60 days of receipt of a complete application, the zoning administrator will take action to approve or deny the application.

(e)

Building permits. No building permits shall be issued for any property for which a site plan has been approved until the applicant has paid to the city all required fees and has filed any required letter of credit.

(Prior Code, § 1150.100)

The purpose and intent of this division is to outline the general procedures for the process and review of applications for conditional and interim use permits. This division also includes the standards by which these applications should be reviewed.

(Prior Code, § 1151.100)

(a)

Purpose and intent.

(1)

This section identifies certain uses, which, because of their nature, operation and location in relation to other uses, require a conditional use permit. The conditional use permit process regulates the location, magnitude and design of conditional uses consistent with the comprehensive plan, and the regulations, purposes, and procedures of this article.

(2)

Conditional use permits contain minimum conditions to minimize the impact of the use on adjacent properties. To achieve this, this section sets out the general provisions and criteria applicable to all uses authorized by a conditional use permit. This section also describes the procedures governing the application and review process. When considering whether to approve or deny a conditional use permit, the planning commission has the discretion to impose site-specific conditions designed to mitigate the potential impacts on adjacent properties.

(b)

Standards for conditional uses. The planning commission shall review all applications for a conditional use permit and shall make findings with respect to the criteria set forth in Minn. Stats. § 462.3595 and below.

(1)

The use is consistent with and supportive of the goals and policies of the comprehensive plan.

(2)

The use will not be detrimental to the health, safety, morals, and general welfare of the community as a whole.

(3)

The use is consistent with the intent and purpose of this article and the zoning district in which the conditional use is located.

(4)

The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed.

(5)

The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use.

(6)

The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the state, approved by the planning commission, and incorporated as part of the conditions imposed on the use by the planning commission.

(7)

The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the state which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the conditional use permit approved by the planning commission.

(8)

The use is subject to such other additional conditions which the planning commission may find necessary to protect the general welfare, public safety, and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this article are insufficient to achieve the objectives contained in this division. In these circumstances, the planning commission may impose restrictions and conditions on the conditional use permit which are more stringent than those set forth in this article and which are consistent with the general conditions above. The additional conditions shall be set forth in the conditional use permit approved by the planning commission.

(c)

Conditional use performance standards in the shoreland district. In addition to the standards listed in subsections (b) and (d) of this section for conditional uses, the planning commission shall consider the following criteria when evaluating requests for conditional use permits in the shoreland district.

(1)

Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soil conditions on the site must be made to ensure:

a.

The prevention of soil erosion or other possible pollution of public waters, both during and after construction;

b.

The visibility of structures and other facilities as viewed from public waters is limited;

c.

The site's access to city sewer and water services; and

d.

The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate the watercraft.

(2)

Conditions attached to conditional use permits. The planning commission, upon consideration of the criteria listed above and the purposes of this section, shall attach such conditions to the issuance of the conditional use permit as it deems necessary. Such conditions may include, but are not limited to, the following:

a.

Increased setbacks from the ordinary high-water level;

b.

Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and

c.

Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(d)

Conditional use performance standards in the floodplain district. In addition to the standards listed in subsection (c) of this section for conditional uses, the planning commission shall consider the following criteria when evaluating requests for conditional use permits in the floodplain district.

(1)

Evaluation criteria. The planning commission shall consider all relevant factors, including the following:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

b.

The danger materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts or other hydraulic structures.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

e.

The importance of the services provided by the proposed facility to the city.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

k.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

l.

Such other factors which are relevant to the purposes of this section.

(2)

Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this section, the planning commission shall attach such conditions to the granting of a conditional use permit as deemed necessary. Such conditions may include, but are not limited to, the following:

a.

Modification of waste treatment and water supply facilities.

b.

Limitations on period of use, occupancy and operation.

c.

Imposition of operational controls, sureties and deed restrictions.

d.

Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures.

e.

Floodproofing measures, in accordance with the state building code and the floodplain regulations of this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(e)

Application for a conditional use permit. An application for a conditional use permit shall be on a form provided by the city which shall include the name, address and telephone number of the applicant, the name, address and telephone number of the property owner, and the zoning districts in which the conditional use permit is proposed to be located. The application shall also be accompanied by the following information:

(1)

A general development plan, including the following:

a.

Site conditions and existing development on the subject property and immediately adjacent properties.

b.

The proposed use of all areas of the site.

c.

The proposed density, type, size, and location of all dwelling units, if dwelling units are proposed.

d.

The general size, location and use of any proposed nonresidential buildings on the site.

e.

All public streets, entrance and exit drives, and walkway locations.

f.

Parking areas.

g.

Landscaped areas.

h.

Parks and open spaces, public plazas, and common areas.

i.

Site dimensions.

j.

Generalized drainage and utility plans.

k.

Any other information the city may request to determine whether the proposed project meets the requirements of this section.

(2)

Summary sheets which include the following:

a.

Proposed densities, ground floor areas, and floor area ratios.

b.

Acreage or square footage of individual land uses on the site.

c.

All proposed modifications of district regulations being requested.

(3)

Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase.

(4)

A map or plat showing the lands proposed for the conditional use permit and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records.

(5)

Fee for a conditional use permit as set forth in the fee schedule.

(f)

Procedure for consideration of a conditional use permit.

(1)

The application shall be reviewed by the city staff and reports concerning the application shall be submitted to the planning commission for its consideration within 30 days of receipt of all material required by this section for review of the application.

(2)

The planning commission shall hold a public hearing to consider the application. Notice of the public hearing shall be provided as required by state statute. The planning commission shall take final action on the application for a conditional use permit within 60 days of a complete application, unless the deadline for action is waived by the applicant.

(3)

The planning commission may approve the conditional use permit in whole or in part, may approve the conditional use permit subject to additional conditions, may deny the conditional use permit, or may continue consideration of the conditional use permit for further investigation and consideration at a later date. Conditional use permits may be approved or denied by resolution of the planning commission. A resolution of approval or denial shall set out the findings by the planning commission supporting the approval or denial.

(g)

Modifications. The planning commission may at any time, on its own initiative or upon application by the property owner, modify the conditions of an existing conditional use permit as changing circumstances warrant. No modification of an existing conditional use permit may be made until a public hearing has been held by the planning commission, except that minor amendments shall require only notice to the holder of the conditional use permit and approval of the planning commission. Minor amendments include proposed changes or modifications which will not have an effect on required parking, required yards, floor area ratios, ground floor area ratios, signage, building height, density, covenants or agreements required by the original conditional use permit.

(h)

Assent form. No conditional use permit with imposed conditions is valid until the applicant has signed an assent form and the approved exhibits which acknowledge the terms and conditions under which the conditional use permit is granted and agrees to observe them.

(i)

Filing. The resolution approving a conditional use permit or modification of a conditional use permit shall include the legal description of the property for which the permit was issued and a list of any conditions set forth by the planning commission as part of the approval of the conditional use permit. A certified copy of the resolution shall be filed with the county recorder within 60 days of approval of the resolution and evidence of recording provided to the zoning administrator.

(j)

Revocation of conditional use permits. A conditional use permit may be revoked by the planning commission if the commission determines that the holder of an existing conditional use permit has violated any of the conditions or requirements imposed as a condition to approval of the conditional use permit, or has violated any other applicable laws, ordinances, or enforceable regulations. The following procedure shall apply to revocations:

(1)

The zoning administrator shall notify the holder in writing of the alleged violation. The notice shall be given in person or by U.S. mail, addressed to the applicant at the address stated on the original application or as has been updated in writing as well as to the owner of the property subject to the conditional use permit as identified by the records of the county auditor. Notice shall also be served upon the occupants of the premises for which the conditional use permit was issued or, if no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting.

(2)

The notice shall be issued a minimum of ten days prior to the date of a public hearing conducted by the planning commission. The holder of the conditional use permit shall be required to reimburse the city for costs incurred pursuant to division 6 of this article.

(3)

At the hearing, the planning commission shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the planning commission shall issue a decision on the revocation. The decision shall be in writing, shall be accompanied by findings based upon the record, and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator.

(k)

Cancellation after one year, no construction required. All conditional use permits shall be canceled, solely by the passage of time and without any action by the city, if one year has elapsed from the date of the adoption of the resolution granting the conditional use permit and the holder of the conditional use permit has failed to make substantial use of the premises according to the provisions contained in the permit.

(l)

Cancellation after one year, new construction required. All conditional use permits shall be canceled after one year has elapsed from the date of the adoption of the resolution granting the conditional use permit if a new structure or alteration or substantial repair of an existing building is required by the conditional use permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way.

(m)

Cancellation upon occurrence of certain events. If the holder of a conditional use permit fails to make actual use of vacant land or lands and structures which were existing when the conditional use permit was issued and no new structure, alteration, or substantial repair to existing buildings was required, or if a new structure was required by the conditional use permit and no building permit has been obtained, the conditional use permit shall be deemed canceled upon the occurrence of any of the following events:

(1)

A change in the zoning district for such lands is made by amendment to the zoning map by the city council.

(2)

Eminent domain proceedings have been initiated to take all or any part of the premises described in the conditional use permit.

(3)

The use described in the conditional use permit becomes an illegal activity under state or federal law.

(4)

Title to all or part of land described in such conditional use permit is forfeited to the state for nonpayment of taxes.

(5)

The person to whom the conditional use permit was issued files a written statement in which that person states that the conditional use permit has been discontinued. The statement shall describe the land involved or state the resolution number under which the conditional use permit was granted.

(6)

The premises for which the conditional use permit was issued are used by the person to whom the permit was issued in a manner inconsistent with the provisions of such conditional use permit.

(n)

Cancellation if use discontinued. A conditional use permit granted by the city is canceled if all conditions imposed in the conditional use permit are not satisfied within one year or if the approved use is discontinued for a period of more than one year.

(o)

Extension of time of cancellation. The planning commission may grant up to a one-year extension of time beyond the cancellation date for any conditional use permit. The fee to process an extension request shall be set by the city council in the fee schedule. Requests for extension of time must be filed with the zoning administrator before the cancellation date of the conditional use permit, but such request shall not be filed more than 60 days before the cancellation date. The planning commission may approve, by resolution, such requested extension if the planning commission finds the use to be acceptable and a satisfactory reason exists to grant an extension.

(p)

Reimbursement of city costs. No conditional use permit shall become valid and no building permit shall be issued for the property until the applicant has paid to the city all fees and cost reimbursements due according to division 6 of this article and has filed any required escrow or letter of credit.

(Prior Code, § 1151.200)

(a)

Purpose. The purpose of this section is to address certain conditional use permits affected by amendments to this chapter and to set forth procedures by which a conditional use permit may be terminated or converted and by which property affected by such conditional use permits may be altered.

(b)

Conditional use permit uses now permitted. Conditional use permits issued for land uses which are now permitted uses in the zoning district in which the property is located are continued in full force and effect. The owner of property subject to such a conditional use permit may request termination of the conditional use permit by providing the city with a letter requesting termination. Upon receipt of a letter requesting termination, the city shall issue a written termination to the applicant which shall be recorded on the title to the property by the applicant. The owner of the property shall sign an assent form provided by the city wherein the owner agrees to indemnify and hold harmless the city for any actions or consequences arising from termination of the conditional use permit. Upon termination of the conditional use permit, the land use shall be governed by the regulations of this chapter and other applicable laws, rules and regulations. Once a conditional use permit is declared terminated, it may not be reinstated.

(c)

Conditional use permit uses now permitted with conditions. Conditional use permits issued for land uses which are now uses permitted with conditions in the zoning district in which the property is located are continued in full force and effect. The owner of property subject to such a conditional use permit may request termination of the conditional use permit by providing the city with a letter requesting termination. Upon receipt of a letter requesting termination, the city shall issue a written termination to the applicant which shall be recorded on the title to the property by the applicant. The owner of the property shall sign an assent form provided by the city wherein the owner agrees to indemnify and hold harmless the city for any actions or consequences arising from termination of the conditional use permit. Upon termination of the conditional use permit, the land use shall be governed by the regulations of this chapter and other applicable laws, rules and regulations. Once a conditional use permit is declared terminated, it may not be reinstated.

(d)

Conditional use permit uses now conditional uses. Conditional use permits issued for land uses which continue to require a conditional use permit in the zoning district in which the property is located, are continued in full force and effect. The holder of such a conditional use permit may request the city to verify compliance of the property with the terms and conditions of the conditional use permit. A holder of a conditional use permit requesting such verification shall submit such plans and other documentation necessary to demonstrate to the zoning administrator that the property complies with the terms and conditions of the conditional use permit. Upon a satisfactory demonstration of compliance with the conditions of the conditional use permit, the zoning administrator shall issue a certificate of zoning compliance stating that the property complies with the terms and conditions of the conditional use permit. The certificate of zoning compliance shall be recorded on the title of the subject property by the applicant.

(e)

Conditional use permit uses now nonconforming uses. Conditional use permits issued for land uses which are now nonconforming uses in the zoning district in which the property is located are continued in full force and effect.

(Prior Code, § 1151.300)

(a)

Purpose and intent. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable for a prescribed period of time. An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer permit it. An interim use may never become a use that is permitted, permitted with conditions or allowed by conditional use permit unless this chapter is amended, following the procedures required by division 4 of this article and approved by a four-fifths vote of the city council.

(b)

Process. Two steps must occur before an interim use can occupy a property. The first step requires the city council to designate a particular land use as an interim use in the specified zoning district. The second step requires the application for and approval of an interim use permit.

(1)

Designation of interim use. An interim use may be designated by the city council in the same manner as the text of this chapter is amended.

(2)

Application for interim use permit. The procedures for applying for an interim use permit, the required exhibits, and the criteria for granting an interim use shall follow the provisions for application and procedure for review set forth in section 10-876 for conditional use permits.

(3)

Limited application. Interim uses shall only be allowed in extraordinary circumstances and in response to a need that benefits the overall community. The issuance of an interim use permit does not confer upon the property owner any vested right.

(4)

Permit. The city council may grant an interim use permit for the interim use of property if:

a.

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

b.

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

c.

The permittee agrees in writing to any conditions that the city council deems appropriate for the use.

(5)

Assent form. An interim use permit requires the applicant to sign an assent form and any approved exhibits which acknowledge the terms and conditions under which the interim use permit is granted. The applicant thereby agrees to observe and be bound by the terms and conditions set forth in the permit.

(6)

Permit termination. An interim use permit shall expire or be terminated by:

a.

The date of events stated in the permit.

b.

Upon a violation of any condition under which the permit was issued.

(7)

Permit review. An interim use permit must be reviewed annually by staff but may be reviewed at any time if the council is of the opinion that the terms and conditions of the permit have been violated or if any of the criteria for expiration or termination have been met.

(8)

Permit extension. The city council shall have the right to extend the expiration or termination date for such additional periods as are consistent with the terms and conditions of the original permit, but in no event beyond ten years.

(Prior Code, § 1151.400)

The purpose and intent of this division is to outline the general procedures for the process and review of applications for variances to this chapter. This division also includes the standards by which these applications should be reviewed.

(Prior Code, § 1152.100)

(a)

Statutory authority. This division provides authority for variances to the application of the provisions of this chapter. Minn. Stats. § 462.357, subd. 6(2) states "variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance." When practical difficulties exist, the owner of the fee title to the property may apply for a variance to the provisions of this chapter.

(b)

Applications for variances. Applications for variances must be filed with the zoning administrator and must describe the conditions of the lot and the practical difficulties claimed as a basis for the variance. All variance applications must be signed by the fee owners of the property. An application for a variance shall be on a form provided by the city and shall be accompanied by the following information:

(1)

Fee for a variance as set forth in the fee schedule.

(2)

A survey of the property showing all property lines, required setbacks, easements, existing structures, and all proposed structures.

(3)

A map or plat showing the lands proposed for variance and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records.

(4)

If the variance application involves a driveway or access to the property, the property owners and applicant must demonstrate that the variance, if granted, will not impair access to other platted lots.

(5)

Any other materials required by the city.

(6)

Any other materials or information the property owner and applicant believe support the variance application and will assist the board of adjustment and appeals to reach a decision.

(c)

Board of adjustment decides variances. All variance applications are considered and decided by the board of adjustment and appeals after a public hearing. The application shall be reviewed by the city staff and reports concerning the application shall be submitted to the board for its consideration the board shall consider the effect of the strict application of the provisions of this chapter on the applicant's property and the impact granting the variance will have comprehensive plan. In addition, the board shall consider the requirements of all other applicable state statutes, the information in the application, the information in the staff report and the criteria set forth in Minn. Stats. § 462.357, subd. 6. The board of adjustment shall make specific findings relating to each of the statutory criteria as follows:

(1)

Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter.

(2)

Variances shall only be permitted when they are consistent with the comprehensive plan.

(3)

Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means that:

a.

The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

b.

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

c.

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

Economic considerations alone do not constitute practical difficulties.

(d)

Notice of hearing. After receipt of a complete application, the zoning administrator shall set a date for a public hearing and publish notice of the hearing as required by state statute. The public hearing must occur within 30 days after receipt of a complete application.

(e)

Time of decision on variance. Final action on the proposed variance must occur within 60 days from the date the complete application was received by the city, unless the city notifies the applicant in writing that it intends to extend the decision deadline by an additional 60 days. The written notice must state the reason the city is extending the decision deadline.

(f)

Decision on variance. The board of adjustment and appeals may approve the variance in whole or in part, may approve the variance subject to additional conditions, may deny the variance, or may continue consideration of the variance for further investigation and consideration at a later date. Variances may be approved or denied by resolution of the board. A resolution of approval or denial shall set out the findings by the board supporting the approval or denial.

(g)

Limitations. No application for a variance shall be accepted, and no variance shall be granted by the city for any of the following:

(1)

Land uses not specifically listed within a zoning district.

(2)

Floor elevations lower than the flood protection elevation, or levels of flood protection required in the floodplain district.

(h)

Conditions. In granting a variance, the board of adjustment and appeals may impose such reasonable and appropriate conditions and safeguards as may be necessary to accomplish, to the extent possible under the circumstances, the purposes of the regulations or provisions which are to be varied or modified and to ensure compliance and protect adjacent properties, the character of the neighborhood, and the health, safety, or general welfare of the community. Any conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. A variance and any conditions and safeguards which were made a part of the terms under which the variance was granted are binding upon the applicant/property owner and any subsequent purchaser, successor, heir, or assign of the property. Any violation of the variance or its conditions and safeguards shall be a violation of this chapter.

(i)

Assent form. No variance which is approved subject to conditions is valid until the property owner and applicant for the variance have signed an assent form and the approved exhibits agreeing to the terms and conditions applicable to the variance.

(j)

Variance must be recorded. The resolution approving a variance shall include the legal description of the property and a list of any conditions imposed by the board of adjustment and appeals. A certified copy of the resolution shall be filed with the county recorder and evidence of the recording provided to the zoning administrator.

(k)

Revocation of a variance. A variance may be revoked by the board of adjustment and appeals if the board determines the property has been used in a manner that violates any of the conditions or requirements imposed as a condition to approval of the variance, or violates any other applicable laws, ordinances, or enforceable regulation. The following procedures shall apply to revocations:

(1)

The zoning administrator shall provide written notice of the alleged violation to the property owner and persons whose names appeared on the original application for the variance or as has been updated in writing. The notice shall be delivered in person or by U.S. mail a minimum of ten days prior to the date set for a hearing before the board of adjustment and appeals. Notice shall also be served upon the occupants of the property subject to the variance. If no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Service shall be effective on the date of mailing, personal service or posting. The holder of the conditional use permit shall be required to reimburse the city for costs incurred pursuant to division 6 of this article.

(2)

At the hearing, the board of adjustment and appeals shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the board shall issue a decision on the revocation. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator.

(l)

Expiration of variance. All variances shall be canceled, solely by the passage of time and without any action by the city, if one year has elapsed from the date of the adoption of the resolution granting the variance if there is no evidence that substantial use or progress has occurred on the property or premises subject to the approved variance.

(m)

Extension of variance. The owner of the property subject to a variance may, by application and payment of the fee set by the city council, apply for an extension of the one-year variance period. The application to extend the variance request must be filed with the zoning administrator a minimum of 30 days before the expiration date of the variance, but such request shall not be filed more than 60 days before the expiration date. The board of adjustment may, by resolution, extend a variance for a reasonable period of time not to exceed one year.

(n)

Duration and enforcement. Variances shall remain in effect as long as the conditions stated in the permit are observed. Failure to comply with those conditions may result in revocation of the variance.

(o)

Reimbursement of city costs. No variance shall become valid and no building permit shall be issued in reliance on the variance until the applicant has paid to the city all fees and cost reimbursement due according to division 6 of this article and has filed any required escrow or letter of credit.

(Prior Code, § 1152.200)

The purpose and intent of this division is to outline the general procedures for the process and review of amendments to this chapter, zoning map and comprehensive plan. This division also includes the standards by which amendments should be reviewed.

(Prior Code, § 1153.100)

(a)

Initiation of proceedings. Amendments to this chapter or zoning map may be initiated in one of four ways as follows:

(1)

The planning commission may initiate such amendments by motion.

(2)

The city council may on its own motion initiate amendments by referring them to the planning commission for review.

(3)

Any property owner may formally petition the city to consider an amendment to the zoning map for land for which he/she is property owner.

(4)

Any individual may petition the city to consider an amendment to the text of this chapter.

(b)

Applications for amendments to the zoning map. All applications for changes in the boundaries of any use district initiated by the petition of the owner or owners of the property shall be on a form provided by the city and shall be accompanied by the following information or attachments:

(1)

A legal description of the property to be changed.

(2)

A map or plat showing the property proposed to be changed and all properties within 350 feet of the boundaries of that property.

(3)

The names and addresses of the owners of properties within 350 feet of the property to be changed as shown on the records of the county auditor.

(4)

An application fee as established by the city council in the fee schedule.

(c)

Applications for amendments to the text of this chapter. All applications for amendments to the text of this chapter initiated by the petition shall be on a form provided by the city and shall be accompanied by the following information or attachments:

(1)

A written description of the changes to the text of this chapter and the reasons and rationale for the proposed changes.

(2)

An application fee as established by the city council in the fee schedule.

(d)

Public hearing and notice.

(1)

A public hearing shall be held before any amendment to this chapter or zoning map is adopted. Notice of the public hearing shall be provided as required by state statute.

(2)

The department of natural resources commissioner shall be notified at least ten days in advance of the public hearing of any request to amend the text of the floodplain or shoreland regulations or the boundaries of the floodplain district. Floodplain boundaries shall not be amended unless the city provides adequate information to the department of natural resources commissioner that the map is in error or the lands are adequately protected from flood.

(e)

Review of amendments.

(1)

The proposed amendment shall be reviewed by the city staff and a report concerning the proposal shall be submitted to the planning commission for its consideration within 30 days of receipt of a complete application or within the time set by motion of the planning commission or city council.

(2)

The planning commission shall make a recommendation on the amendment to the city council within 60 days of receipt of a complete application or within the time set by the planning commission or city council. If the planning commission fails to make a recommendation within the 60-day period, the city council may then consider the amendment without the planning commission's recommendation.

(f)

City council action. The city council may approve the amendment in whole or in part, may deny the amendment, or may continue consideration of the amendment for further investigation and consideration at a later date. If the amendment is initiated by petition, the city council shall render a decision regarding the amendment within 60 days of the council's initial consideration of the amendment.

(g)

Adoption.

(1)

Amendments to the text of this chapter or to the zoning map require a majority vote of all members of the city council. The adoption or amendment of any part of this chapter that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the city council.

(2)

The adoption or amendment of any part of this chapter that changes all or part of the existing classification of a zoning district from either commercial or industrial to residential requires a two-thirds majority vote of all members of the city council. The adoption of any amendment changing this requirement requires a two-thirds majority vote of all members of the city council.

(h)

Fees for rezoning and amendments to the text. If the city council or city planning commission initiates proceedings for rezoning or text amendments, the council may require that payment of an application fee be made by owners of property involved before considering any amendment.

(i)

Policy for amendments. Recommendations of the planning commission and final determinations of the city council shall be supported by findings addressing the relationship of the proposed amendment to the following policies:

(1)

In the case of amendments to the zoning map:

a.

The area, as presently zoned, is inconsistent with the policies and goals of the comprehensive plan, or the land was originally zoned erroneously due to a technical or administrative error;

b.

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to rezone so as to encourage redevelopment of the area; or

c.

The permitted uses allowed within the proposed zoning district will be appropriate on the subject property and compatible with adjacent properties and the neighborhood.

(2)

In the case of amendments to the text of this chapter:

a.

There is a public need for the amendment;

b.

The amendment will accomplish one or more of the purposes of this chapter, the comprehensive plan or other adopted plans or policies of the city; or

c.

The adoption of the amendment is consistent with state or federal requirements.

(Prior Code, § 1153.200)

(a)

Purpose and intent.

(1)

The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the city. The comprehensive plan includes plans, goals, policies, and standards and is an adopted statement of city policy concerning the future of the city. The ordinance from which this chapter is derived is adopted for the purpose of carrying out the policies and goals of the land use chapter of the comprehensive plan. However, any amendment to the text of this chapter or the zoning map which is inconsistent with the comprehensive plan shall not be invalidated as a result of the inconsistency.

(2)

The city may, either by motion of the city council or planning commission or by petition of a property owner, consider amendments to the text of the comprehensive plan or to the comprehensive plan land use map. This section outlines the procedures for consideration of these amendments.

(b)

Application. Any person petitioning for a change in the comprehensive plan or land use map shall submit an application in the form prescribed by the city. The application shall describe the change requested, state the reasons for the requested change, and attach documentation to support the request. The applicant shall pay a fee established by the city council in the fee schedule. If the request requires a change in the land use map, a map or plat showing the lands proposed for the amendment and all lands within 500 feet of the boundaries of that property and two copies of the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records shall be filed with the application.

(c)

Metropolitan council review. Upon receipt of the complete application or motion, the city staff shall review the request and determine whether an amendment as defined by guidelines established by the Metropolitan Council of the Twin Cities for its review of comprehensive plan amendments is requested. If an amendment as defined by the metropolitan council is requested, a copy of the proposed amendment shall be forwarded to the metropolitan council for its review within ten working days of the motion or receipt of the complete application by the city.

(d)

Public hearing and notice. A public hearing shall be held before any amendment to the comprehensive plan or land use map is adopted. Notice of the public hearing shall be provided as required by state statute.

(e)

Planning commission review. The proposed amendment shall be reviewed by the city staff and a report concerning the proposal shall be submitted to the planning commission for its consideration within 30 days of receipt of a complete application or within the time set by the planning commission or city council. The planning commission shall consider the testimony received at the public hearing, the staff reports, and other material it deems pertinent and shall report its findings and recommendations to the city council with 60 days of the date of the motion or receipt of a complete application or within the time set by the planning commission or city council. If the planning commission fails to make a recommendation within the 60-day period, the city council may then consider the amendment without the planning commission's recommendation.

(f)

City council action. The city council may approve the amendment in whole or in part, may deny the amendment, or may continue consideration of the amendment for further investigation and consideration at a later date. If the amendment is initiated by petition, the city council shall render a decision regarding the amendment within 60 days of the council's initial consideration of the amendment.

(g)

Adoption.

(1)

Amendments to the comprehensive plan or land use map require a majority vote of all members of the city council. The adoption or amendment of any part of the land use map that changes all or part of a planned land use from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the city council.

(2)

The adoption or amendment of any part of the land use map that changes all or part of a planned land use from either commercial or industrial to residential requires a two-thirds majority vote of all members of the city council. The adoption of any amendment changing this requirement requires a two-thirds majority vote of all members of the city council.

(3)

The city council may alter the proposed amendment, but if the alteration results in a modification of the map filed at the time of publication of notice of the hearing, the amendment shall not be adopted until ten days after notice has been given by registered mail to the owner of the property to be re-guided that an amendment is being considered and may be adopted which is different from that shown on the original map filed in support of the requested planned land use.

(Prior Code, § 1153.300)

(a)

Purpose and intent. An official map is a map that is adopted pursuant to Minn. Stats. § 462.359 which identifies land needed for future public uses.

(b)

Initiation of amendment. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by:

(1)

A recommendation of the planning commission; or

(2)

Action by the city council on its own initiative, recommendation of an advisory commission, or request of an outside governmental body.

(c)

Sketch maps and reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served.

(d)

Reference to planning commission. Except when proceedings have been initiated by recommendation of the planning commission, every proposed official map or change in a map shall be referred to the planning commission for advice and recommendation thereon, and such recommendation shall be submitted to the city council within 45 days after reference to the planning commission along with the report of the commission on the effect of the proposal on the comprehensive plan of the city. If no recommendation is received by the council within 45 days after reference of the proposal to the commission, the council may take such action as it may deem proper upon the proposal without further action by the planning commission.

(e)

Notice and hearing.

(1)

Notice. Upon receiving the recommendation of the planning commission or after 45 days from the submission of the proposal to the planning commission without a recommendation from the commission, the council may call a public hearing on the proposal. A notice of the time, place and purpose of the hearing and a description of the property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten days prior to the date of the hearing. At least ten days prior to the hearing the clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground shown on the official map. For purposes of this notice, the owners shall be determined by the records of the county auditor and the notice shall be addressed to the last known address as shown by the auditor's records. Failure to serve any such notice shall not invalidate the proceedings.

(2)

Hearing. At the time and place specified in the notice, the council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The council may direct the planning commission to conduct a hearing and following the hearing to report its recommendation to the council.

(f)

Preparation and filing of maps. The official map shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas, a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the county recorder.

(g)

Effect.

(1)

Building permit. After an official map has been adopted and filed, the issuance of building permits by the city shall be subject to the provisions of Minn. Stats. § 462.359. The city shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within an area designated on the official map for street or other public purposes. When any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the city, the city is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit within the limits of the mapped street or outside of any building line that may have been established upon the existing street or within any area identified for public purposes. The adoption of an official map does not give the city any right, title or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the city to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit.

(2)

Appeal. When a building permit is denied pursuant to this section, the board of adjustment and appeals shall, upon appeal filed with it by the owner of the land, hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten days before the hearing. The board of adjustment and appeals shall grant a permit for building in an area designated on the official map for a street or other public purpose in any case in which the board finds, upon the evidence and the arguments presented to it:

a.

That the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; or

b.

That, balancing the interest of the city in preserving the integrity of the official map and the comprehensive plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity.

(3)

Authorization of permit issuance. If the board authorizes issuance of a permit, it shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit is granted. If the board authorizes issuance of a permit, the council or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the city shall issue the permit if the application otherwise conforms to local ordinances.

(Prior Code, § 1153.400)

This division provides the sole method to appeal any rule, order, requirement, decision or determination of the zoning administrator, planning commission, board of adjustment and appeals, or city council relating to this chapter. Failure to follow the procedures and timelines set forth in this division constitutes a waiver of any right to appeal.

(Prior Code, § 1154.100)

(a)

Filing notice of appeal. Anyone aggrieved (including, but not limited to, an applicant, affected property owner, or city staff member) by any rule, order, requirement, decision, or determination of the planning commission or the board of adjustment and appeals may appeal to the city council. The appeal shall be made by filing a notice of the appeal ("notice") with the zoning administrator within five business days of the date of the written decision. The notice must include a copy of the decision being appealed, the specific grounds for the appeal and contact information for the party making the appeal. The applicable fees set forth in the city fee schedule shall be paid when the appeal is filed.

(b)

Appeal hearing. The zoning administrator shall schedule an appeal hearing before the city council within 45 days of receiving notice. The zoning administrator shall provide mailed notice of the hearing to the party making the appeal, any parties required to be noticed by state statute or this chapter, and any other interested parties as determined by the zoning administrator.

(c)

Decision. At the hearing, the city council shall hear a report from staff, from the appellant and from any other parties the city council determines appropriate to recognize. No new evidence or information will be permitted at an appeal hearing before the city council. Within a reasonable time after a hearing, the city council shall issue a decision on the appeal which decision shall affirm, reverse, or modify the decision that is being appealed. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state statute and this chapter and as determined appropriate by the zoning administrator.

(Prior Code, § 1154.300)

(a)

Right to appeal from the decision of the zoning administrator. Anyone aggrieved (including, but not limited to, an applicant, affected property owner, or city staff member) by any rule, order, requirement, decision, or determination of the zoning administrator (except for actions taken in connection with enforcement of violations, which are not subject to appeal) may appeal to the board of adjustment and appeals. The appeal shall be made by filing a notice of the appeal ("notice") with the zoning administrator within five business days of the date of the written decision. The notice must include a copy of the decision being appealed, the specific grounds for the appeal and contact information for the party making the appeal. The applicable fees set forth in the city fee schedule shall be paid when the appeal is filed.

(b)

Appeal hearing. The zoning administrator shall schedule an appeal hearing before the board of adjustment and appeals within 45 days of receiving a notice. The zoning administrator shall provide mailed notice of the hearing to the party making the appeal, any parties required to be noticed by state law or this chapter, and any other interested parties as determined by the zoning administrator.

(c)

Decision. At the hearing, the board of adjustment and appeals shall hear such persons as wish to be heard either in person or by agent or attorney. Within a reasonable time after a hearing, the board of adjustment and appeals shall issue a decision on the appeal. The decision shall be in writing, shall be accompanied by findings based upon the record and shall be provided to interested parties as required by state law and this chapter and as determined appropriate by the zoning administrator.

(Prior Code, § 1154.200)

Any person aggrieved by any rule, order, requirement, decision or determination of the city council may appeal to court as provided for by law. The appeal shall be made within 30 calendar days of the date of the written decision.

(Prior Code, § 1154.400)

The planning commission, board of adjustment and appeals, or city council shall only overturn or modify a decision that has been appealed if it determines that the decision was clearly erroneous and a mistake has been committed. The body considering the appeal shall not overturn or modify a decision that has been appealed simply because it would have made a different decision.

(Prior Code, § 1154.500)

A final decision shall have immediate effect; however, any person taking action on that decision shall do so at their own risk and may be required to undo any action taken if the decision is overturned on appeal. Any party filing an appeal may request a stay of the final decision from the zoning administrator which shall be granted or denied in the zoning administrator's sole discretion. If a stay is granted, the final decision shall not take effect until the appeal is complete or until the zoning administrator lifts the stay.

(Prior Code, § 1154.600)

(a)

Misdemeanor. All persons shall comply with the provisions of this chapter. Any person who fails to comply with any of the provisions of this chapter or any rule, order, requirement, decision, or determination made pursuant to this chapter, shall be guilty of a misdemeanor. Each day that a violation occurs shall be considered a separate violation.

(b)

Enforcement and penalties. The city, in its sole discretion, may enforce any provision of this chapter by fines; revocation/suspension of a permit, license or approval; mandamus; injunction; criminal prosecution; civil suit/penalties; or any other equitable or legal remedy available. Any costs incurred by the city in enforcing any provision of this chapter shall constitute damages incurred by the city and may be recovered through a judicial proceeding or by assessing the damages against the property. Each day that a violation occurs shall be considered a separate violation.

(c)

Mediation. The city may enter into mediation relating to enforcement of this chapter, provided that mediation shall not be pursued where the issue involves a specific dimensional or performance requirement. Mediation may be pursued when the issue involves interpretation or application of this chapter. Mediation shall not be substituted for a variance proceeding and the city shall not agree to be bound by the mediation process when the result would be an action inconsistent with the intent of this chapter.

(Prior Code, § 1155.100)

(a)

Establishment of fees. Each year the city council establishes fees for the administration and enforcement of the provisions of this chapter and sets forth such fees in the fee schedule. All persons shall be required to pay such fees as required by the fee schedule at the time of application or appeal.

(b)

Refund of fees. If any application for a conditional use permit, variance, appeal or amendment to this chapter, the official map or the comprehensive plan is withdrawn by the applicant prior to publication of notice for the public hearing, the applicant is entitled to a refund of 50 percent of the application fees paid to the city.

(c)

Reimbursement for city costs. The purpose of this section is to provide a procedure to reimburse the city for its costs of review, analysis, and evaluation of development proposals, conditional use permits, comprehensive plan amendments, zoning amendments and enforcement of this chapter in cases where, due to the level of complexity of the application under consideration, excessive costs beyond those normally incurred by the city as a result of the administration of this chapter are incurred. The excess costs result from problems presented in review, analysis, and evaluation which necessitate intensive investigation and research. The intent of this section is to ensure an adequate level of review of these cases and to ensure that the adverse effects of development on the city are minimized and that compliance with goals and objectives of the comprehensive plan and this chapter is maintained.

(d)

Conditions where reimbursement is authorized. The city may, in its sole discretion, require reimbursement of city costs under the following conditions:

(1)

When the zoning administrator finds multiple planning commission and city council meetings are required to review a particular item and additional staff time is expended subsequent to the initial meeting.

(2)

When the zoning administrator finds it necessary to retain consultants and experts to review requests and advise relating to specific impacts of a proposal, including, but not limited to, impacts on traffic, utilities, drainage, and aesthetic or environmental characteristics of the community.

(3)

When it is necessary for the city attorney to review a proposal.

(4)

When the zoning administrator finds that other extraordinary costs are incurred by the city as a result of the administration of this chapter.

(e)

Procedure for reimbursement.

(1)

The city shall notify the applicant at the earliest possible time that the city will incur additional costs and, if possible, provide the applicant with an estimate of the expected additional cost.

(2)

The applicant shall pay the estimated additional cost to the city by cash escrow, certified check, or bank money order. If the amount paid to the city initially is insufficient to cover all city costs, the additional amounts shall be billed to the applicant. Any money which has not been used to pay additional costs after the applicant's request has been processed shall be refunded to the applicant.

(3)

No certificate of occupancy for any project subject to this section shall be issued until all money owing to the city has been received. All costs billed under this section shall be based on the actual cost to the city of staff time, overhead, material costs, and actual billings from consultants, experts, and attorneys.

(Prior Code, § 1155.200)

Building permits shall be required and shall be issued and enforced in accordance with chapter 3.

(Prior Code, § 1161.100)

(a)

A certified lot survey with all improvements shown thereon, prepared by a registered land surveyor, is required as part of the building permit application for all new construction unless exempted by the provisions listed in this section.

(b)

In the case of a replacement deck only, the property owner may, in lieu of the certificate of survey, provide clear field identification of the lot pins, and scale drawing of the lot accurately portraying all current construction on the property and showing all dimensions from the structures to the side, rear and front lot lines, provided that:

(1)

The replacement deck must be the exact width, depth and height of the existing structure.

(2)

The location and size of the existing deck must be verified by city staff.

(3)

The site plan must be accurate and specific to the satisfaction of city staff.

(4)

The new deck must comply with all current building code requirements.

(5)

The city may request a new certificate of survey be provided, if, in the city's discretion, it is considered desirable under the following circumstances:

a.

The existing survey shows proposed structures rather than existing structures.

b.

The existing survey does not show all the structures on the property.

c.

The topography or other physical characteristics of the site are such that the city cannot reasonably verify the location of the existing or proposed structures, even though the property pins have been located.

d.

The existing survey does not identify the existing easements on the site.

e.

A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, or ordinary high-water level.

f.

The city has reason to believe the conditions on the property may have changed since the date of the original survey.

g.

The city believes the proposed project may create aesthetic issues which require additional information.

h.

The city believes the proposed may impact adjacent property values in such a manner that additional information is required.

(6)

Any subsequent addition to the replacement deck in width, depth, steps, roof or amenities may require that a certificate of survey be completed and submitted with that permit, unless exempted by the provisions listed in this division.

(c)

A new certificate of survey will not be required for additions to existing structures or new accessory structures on lots outside of the shoreland or floodplain district, subject to the following provisions:

(1)

The existing survey must be signed by a registered land surveyor and must depict the actual location of the existing structures on the lot.

(2)

The city will require that property pins be located on the site so staff can verify the structure setbacks.

(3)

The addition or new structures must be drawn on the survey to scale.

(4)

The proposed addition or structure does not exceed 480 square feet.

(5)

The city may request a new certificate of survey be provided if, in the city's discretion, it is considered desirable under the following circumstances:

a.

The existing survey shows proposed structures rather than existing structures.

b.

The existing survey does not show all the structures on the property.

c.

The topography or other physical characteristics of the site are such that the city cannot reasonably verify the location of the existing or proposed structures, even though the property pins have been located.

d.

The existing survey does not identify the existing easements on the site.

e.

A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, or ordinary high-water level.

f.

The city has reason to believe the conditions on the property may have changed since the date of the original survey.

g.

The city believes the proposed project may create aesthetic issues which require additional information.

h.

The city believes the proposed project may impact adjacent property values in such a manner that additional information is required.

(d)

A new certificate of survey will not be required for new decks within the shoreland or floodplain districts, subject to the following provisions:

(1)

The existing survey must be signed by a registered land surveyor and must depict the actual location of the existing structures on the lot.

(2)

The city will require that property pins be located on the site so staff can verify the structure setbacks.

(3)

The addition or new structures must be drawn on the survey to scale.

(4)

The city may request a new certificate of survey be provided if, in the city's discretion, it is considered desirable under those circumstances set out in subsection (c) of this section.

(e)

The city may waive the survey requirements for decks set forth above when, in the judgment of the community development director and building official, the property owner provides reasonably reliable evidence of what the property owner believes are the property boundaries and meets the conditions and requirements below:

(1)

The deck must be drawn on a site plan to scale. The site plan must identify dimensions of both existing and new structures, and the distance from any lot lines.

(2)

The property owner shall pay a fee for the staff review according to the adopted fee schedule.

(Prior Code, § 1161.200)

(a)

Required for use or occupation. No person shall use or occupy any land or building within the city without first obtaining a certificate of occupancy.

(b)

Uses requiring certificates of occupancy. A certificate of occupancy is required to be obtained from the city for any of the following:

(1)

The establishment of a new land use.

(2)

A change or expansion of any existing land use.

(3)

Any change in a nonconformity.

(4)

The construction, alteration, or expansion of a building.

(5)

Any change of ownership or occupancy as determined by the building code of an existing commercial or industrial building.

(c)

Responsibility. Both the property owner and the lessee shall be responsible for securing the certificate of occupancy required by this section.

(d)

Application and information required. An application for a certificate of occupancy shall be on a form provided by the city and shall be accompanied by the appropriate attachments, including, but not limited to, the following:

(1)

A current survey of the property, unless exempted under this division, or a site plan drawn to a scale not to exceed one inch to 50 feet showing the proposed size and location of the structures, bufferyards, parking areas, drainage, lighting, loading berths, and landscaping existing on the site or to be installed on the site.

(2)

A statement of the proposed use of the structures and the land uses on all adjacent properties.

(3)

Any other information the zoning administrator may require to determine compliance with the provisions of this chapter.

(e)

Issuance of a certificate of occupancy. A certificate of occupancy shall be issued by the zoning administrator upon satisfactory completion of an application submitted on a form provided by the city if the zoning administrator determines that the use complies with all applicable sections of this chapter and approval of the building construction has been given by the building official. The city shall not issue the certificate of occupancy if the information provided by the applicant is insufficient to determine compliance with this chapter.

(f)

Revocation of a certificate of occupancy. A false statement of any fact material to the decision whether to issue a certificate of occupancy made or contained in an application for a certificate of occupancy shall automatically void the certificate. When the city determines a false statement has been made, the zoning administrator shall notify the holder of the certificate in writing that it is void. Any person who occupies or uses the land or building ten days after notice has been mailed that the certificate previously issued is void shall be guilty of a violation of this chapter unless that person applies for and secures a new certificate based upon a true statement of fact.

(Prior Code, § 1161.300)