Sections 106-200—106-299 are established to define the procedures and processes for applications for development, redevelopment, and changes in use of property in Ramsey. All procedures must be in conformance with applicable provisions of state law.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Costs. All costs incurred by the city in processing an application for a land use application shall be paid by the applicant. The processing costs shall include but not be limited to:

(1)

Professional consulting services as directed by the zoning administrator, the planning commission and/or city council;

(2)

Copying charges;

(3)

City staff involvement;

(4)

Public hearing publications and posting of a sign on the property;

(5)

Written notice to adjacent property owners;

(6)

Recording charges; and/or

(7)

Any other cost necessary to process the applicant's request.

(b)

Fee and escrow. A set fee and a set minimum escrow established by an annual fee schedule shall be paid to the city at the time the land use application is made.

(c)

Special assessment of processing costs. An applicant may request that processing costs exceeding the amount established by annual fee schedule be specially assessed against the applicant's property provided that the property owner accepts the assessment to the subject property and waives any right of assessment appeal.

(d)

Additional deposits before submittal. If the zoning administrator determines that costs in addition to the set escrow will likely be incurred by the city, then an additional sum as determined by the zoning administrator shall be deposited with the city before the application is considered officially submitted.

(e)

Additional deposits after submittal. If at any point during the processing of a land use application, the actual or estimated processing costs exceed the amount on escrow, the applicant shall have ten days to supply an additional escrow in an amount equal to or greater than the estimated processing costs. Failure to provide additional funds into a deficit account can result in assessing the costs to the property subject to the application.

(f)

Refund of unused deposits. Any portion of those funds deposited in escrow but not expended or encumbered shall be returned to the applicant after final action on the application. Under no circumstance shall an escrow be considered an interest bearing account.

(Ord. No. 23-14, § 3, 11-14-2023)

Upon approval of a land use application or administrative site plan review where a new building and/or site improvements are being constructed or reconstructed, the city shall be provided with a cash escrow, cash bond, and/or letters of credit prior to the issuing of building permits or initiation of work on the proposed improvements or development. This security shall guarantee conformance and compliance with the conditions of the approval and the provisions of this Code.

(1)

The security shall be in the amount equal to 75 percent (improvements on private property) and 125 percent (improvements in public right-of-way) the applicant's estimated costs of labor and materials for the proposed improvements or development.

(2)

The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the provisions of the land use application and this chapter has been issued by the building official. A maintenance period of two years for landscaping improvements may be collected as established by the annual fee schedule. Periodic reductions may be requested by the applicant no more frequently than once per month, provided the initial reduced amount is at least 40 percent of the original estimated costs and subsequent reductions of at least ten percent the original estimated costs.

(3)

Failure to comply with the conditions of the land use application approvals and the provisions of this chapter shall result in forfeiture of the security.

(4)

Landscape escrow for single-family lots. A landscape escrow, in an amount to be determined by the annual fee schedule, shall be deposited for all required landscaping, including topsoil, sod, and trees, which is not established at the time of issuance of a certificate of occupancy. Installation of required landscaping, including topsoil, established groundcover, and trees, shall be completed within six months of the issuance of the certificate of occupancy, weather permitting. The city may draw upon the escrow to install the required landscaping if said work is not completed within six months of the date of issuance of the certificate of occupancy.

(5)

Driveway escrow for single-family or townhome lots. A driveway escrow, in an amount to be determined by the annual fee schedule, shall be deposited for all required driveways not installed at the time of issuance of a certificate of occupancy. Installation of required driveways shall be completed within six months of the issuance of the certificate of occupancy, weather permitting. The city may draw upon the escrow to install the required driveway if said work is not completed within six months of the date of issuance of the certificate of occupancy.

(Ord. No. 23-14, § 3, 11-14-2023; Ord. No. 24-10, § 2, 7-23-2024; Ord. No. 25-05, § 2, 4-8-2025)

Whenever a performance guaranty is imposed by the city, the applicant shall be required to enter into a development agreement with the city. This agreement is to provide authorization to the city to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the development. Said agreement shall hold harmless the city for completion of the work and address other matters as may be determined by the city attorney. The development agreement shall be approved by the city council.

(Ord. No. 23-14, § 3, 11-14-2023)

The following land use application types are required and are described further in this chapter:

(1)

Variances.

(2)

Site plan review.

(3)

Conditional use permits and amendments.

(4)

Interim use permits.

(5)

Zoning text amendments.

(6)

Zoning map amendments.

(7)

Comprehensive plan amendments.

(8)

Home occupation permits (Level II).

(9)

Easement vacations.

(10)

Encroachment agreements.

(Ord. No. 23-14, § 3, 11-14-2023)

All requests for land use approvals required within this chapter shall be filed with the city on an official application form and must be submitted to the zoning administrator by deadlines set forth in an adopted calendar. Failure to submit a completed form is grounds for rejection of an application. The following information is required on all land use application forms:

(1)

The applicant's name, business name, address, telephone number, and email address.

(2)

The property owner's name, business name, address, telephone number, and email address.

(3)

Signatures of the applicant and property owner consenting to the application.

(4)

The address and/or legal description of the subject site.

(5)

The land use application type(s) being sought.

(6)

A written narrative explaining the request.

(7)

The applicant's and/or owner's designated representative's business name, address, telephone number, and email address.

(8)

Consent from the homeowner's association or architectural review board, if applicable.

(Ord. No. 23-14, § 3, 11-14-2023)

The information required for all land use application types generally consists of the following items, as applicable to the application, and shall be submitted when applicable or requested by the zoning administrator. Plans must be prepared in a standard engineering or architectural scale and be prepared by a licensed surveyor, architect, and/or civil engineer, as applicable. All plans, with the exception of architectural renderings, shall be in black, greyscale, and white.

(1)

Existing conditions.

a.

Affected parcel(s) legal description, dimensions, and area.

b.

Location of all existing significant trees, type, diameter, and which trees will be removed.

c.

Location of all existing structures on the site.

e.

Existing elevation contours at two-foot intervals extending 100 feet outside of the property boundary.

e.

Floodplain and wetland boundaries.

(2)

Proposed site plan.

a.

Location of all existing and proposed structures.

b.

Location and dimensions of vehicular circulation, curb cuts, driveways, drive aisles, and number of existing and proposed parking spaces.

c.

Calculations of parking space requirements.

d.

Site plan details such as trash enclosures, etc.

e.

Setbacks of all buildings, parking areas, and driveways from all property lines.

f.

Snow storage locations.

(3)

Proposed architectural plans.

a.

Color architectural elevations with type and materials used in all exterior surfaces.

b.

Location and type of all proposed wall-mounted lights.

c.

Dimensions of proposed and existing structures.

d.

"Typical" floor plan and "typical" room plan.

e.

Preliminary architectural code analysis.

f.

Screening plan of HVAC and other mechanical units.

(4)

Grading plan.

a.

Proposed grading elevation contours at two-foot intervals and spot elevations extending 100 feet outside of the property boundary.

b.

Drainage configuration.

c.

Storm sewer catch basins, invert elevations, and storage areas.

d.

Proposed road profile.

e.

Stormwater calculations.

f.

Floodplain and wetland boundaries.

(5)

Tree preservation plan

a.

Location of all existing significant trees.

b.

Other information from the tree preservation requirements in section 106-350.

(6)

Landscape plan.

a.

Location, type, and diameter of all proposed plantings including requirement calculations.

b.

Location and material used for all screening devices.

(7)

Preliminary utility plan.

a.

Sanitary sewer and water plan.

b.

Existing sanitary sewer and water mains, service lines, and fire hydrants in adjacent rights-of-way.

c.

Proposed fire hydrants.

d.

If outside of the MUSA, locations of proposed wells and septic systems with soil logs.

(8)

Lighting plan.

a.

Cut sheets of the proposed light fixtures.

b.

Photometrics of all wall-mounted and freestanding lights showing light levels across parking lots, driveways, and pedestrian areas, and along all property lines.

(9)

Other plans and studies may be necessary due to the nature of the application determined by the zoning administrator such as an environmental review, noise analysis, or traffic analysis.

(Ord. No. 23-14, § 3, 11-14-2023)

The planning commission shall adopt a calendar annually that specifies applicant submittal dates and planning commission meeting dates in conformance with state law.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

The following land use application types require a public hearing:

(1)

Variances.

(2)

Site plan review.

(3)

Conditional use permits and amendments.

(4)

Interim use permits.

(5)

Zoning text amendments.

(6)

Zoning map amendments.

(7)

Comprehensive plan amendments.

(8)

Home occupation permits (Type II).

(9)

Easement vacations.

(b)

Public hearing notices must be provided to surrounding property owners, as measured from property lines, as noted in each of the subsections below.

(c)

A sign may be posted on the property constituting the application notifying the public of a proposed land use application.

(d)

When an applicant proposes any construction or alteration that would exceed a height of 200 feet above ground level at the site then the zoning administrator shall notify the Mn/DOT commissioner at least 30 days in advance.

(e)

Notification of a land use application in the Shoreland Overlay District, Scenic River Protection Overlay, or Mississippi River Corridor Critical Area Overlay shall be provided to the Minnesota Department of Natural Resources.

(f)

The planning commission shall conduct the public hearing, report its findings, and make recommendations to the council, except in the case of a variance which is described further in this chapter where the planning commission has approval authority. Easement vacation public hearings are conducted at a regular city council meeting.

(Ord. No. 23-14, § 3, 11-14-2023)

No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the zoning administrator.

(Ord. No. 23-14, § 3, 11-14-2023)

An approval resolution for variances, site plans, conditional use permits and amendments, and home occupations are valid for one year from the date of approval at which time the use must be in operation or have a valid current building permit. The city council may grant an extension of up to two years based on reasonable extenuating circumstances before the initial expiration date.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

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

(b)

Public hearing notice mailing distance is 350 feet.

(c)

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

(1)

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

(2)

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

(3)

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

(4)

Economic considerations alone do not constitute practical difficulties;

(5)

Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems;

(6)

Public takings of property due to condemnation; and

(7)

Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter.

(d)

The city council may not permit as a variance any use that is not allowed under the zoning code for property in the district where the affected person's land is located.

(e)

The city council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(f)

The city council shall serve as the final decision-making authority. However, any action of the city council may be appealed to the court of appeals by any affected person if notice of such an appeal is received by the court of appeals within ten days of the final action of the city council.

(g)

The variance is approved by resolution.

(h)

Recording of variance. A certified copy of a variance resolution shall be recorded with the Anoka County recorder or registrar of titles for record. The variance resolution shall include the legal description of the property included. No building permit shall be issued until after recording is made.

(i)

Additional standards for variances within the Mississippi River Corridor Critical Area Overlay District are found in section 106-910.

(Ord. No. 23-14, § 3, 11-14-2023; Ord. No. 25-10, § 2, 11-25-2025)

(a)

Site plan review applications requiring formal planning commission and city council review. Absent a requirement for a conditional use permit, the following uses require a formal site plan review application:

(1)

Developments of multiple-family dwellings (three or more attached units), townhomes, and manufactured home parks;

(2)

Commercial and industrial principal and accessory uses when adjacent to a residential use;

(3)

All proposed developments within the floodplain, scenic rivers, and environmental protection and critical rivers overlay districts;

(4)

Religious institutions;

(5)

Principal uses within the PI, P, and CL districts; and

(6)

Principal uses within the PUD, COR.

(b)

A conditional use permit application review shall satisfy the site plan review procedural requirements for conditional uses.

(c)

Public hearing notice mailing distance is 350 feet.

(d)

The site plan review is approved by resolution.

(e)

Conditions of approval. The city council may attach reasonable conditions or modifications to the site improvements or building architectural design to mitigate any adverse effects of the site. Conditions related directly to the use are not permitted.

(Ord. No. 23-14, § 3, 11-14-2023)

(a)

Expansion of an existing commercial or industrial building that meets all minimum standards of the applicable zoning district and matches and/or complements the exterior design, materials and treatments of the existing building shall be exempt from the standard site plan review process in section 106-225 and rather be reviewed as part of the standard building permit review process.

(b)

Expansion, modification, or installation of site improvements for a permitted business or industrial use where no building permit is otherwise required shall require an administrative site plan review.

(c)

Expansion or modification of site improvements and/or for buildings for uses listed in section 106-225(a) of less than 100 percent (footprint) shall be reviewed administratively.

(d)

Expansion or modifications of site improvements and/or for buildings for conditional uses as described in section 106-230 of less than ten percent (footprint) shall be reviewed as an administrative site plan review.

(Ord. No. 23-14, § 3, 11-14-2023)

Certain types of uses are classified as conditional uses under this chapter to which reasonable conditions may be attached. The conditions may be based on operation of the use, site improvements, and screening in order to mitigate any impacts to surrounding properties or the public rights-of-way. Conditional uses shall be approved by the city council by a showing by the applicant that the standards and criteria stated in this chapter will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use. If the use proposed is new construction, the conditional use permit process shall also be considered a site plan review.

(1)

Duration of conditional use permits. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed and the permit holder is in compliance with all other regulations or standards of this chapter. A conditional use permit shall become null and void one year after the final action of the council if not initiated or utilized, or if the use is discontinued for a continuous 12-month period, unless a petition for an extension of time in which to complete or utilize the use that has been granted by the council. The city shall notify the CUP holder of these time restrictions at time of issuance. Extension shall be requested in writing and filed with the city at least 30 days before the expiration of the original conditional use permit. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the planning commission for a recommendation to the council and acted upon by the council.

(2)

Public hearing notification mailing distance is 350 feet.

(3)

The conditional use permit is adopted by resolution.

(4)

Recording of permit. A certified copy of any conditional use permit shall be recorded with the Anoka County recorder or registrar of titles for record. The conditional use permit shall include the legal description of the property.

(5)

Amended conditional use permits. An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include requests for substantial changes in conditions or expansions of use, and as otherwise described in this chapter. Expansion or modifications of site improvements and/or for buildings for conditional uses of less than ten percent (footprint) shall be reviewed as an administrative site plan review.

(6)

Revocation of conditional use permits. In the event that violations of any conditions set forth in the conditional use permit occur, the council shall have the authority to revoke the conditional use permit. The following procedure shall be used to consider the revocation of a conditional use permit.

a.

The parcel owner shall be notified of the possible violations of the conditional use permit and given 30 days to correct the violation and submit a written response to the notice.

b.

If the violations are not corrected in the 30-day time frame, a public hearing conducted by the city council shall be scheduled.

c.

At the public hearing for the purpose of revoking a conditional use permit the council shall consider the written response of the parcel owner and evidence of the violation. With a majority vote the city council shall take one of the following actions:

1.

Revocation of the conditional use permit by resolution adopt findings of fact and conclusions that support revocation of the conditional use permit;

2.

Finding no violation exists by motion; or

3.

Directing compliance measures and timelines to correct the violation.

d.

Exigent circumstances. If the city finds that exigent circumstances exist requiring immediate permit revocation, the zoning administrator may revoke the permit and provide a post-revocation hearing before the city council not more than 15 days after holder's receipt of written notice of the hearing. Following such hearing, the city council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate.

(7)

The conditions contained in a valid conditional use permit for an existing use that has become permitted due to a change in the zoning district or zoning text will remain in effect only as to any conditions related to site improvements.

(8)

Additional standards for conditional use permits within the Mississippi River Corridor Critical Area Overlay District are found in section 106-910.

(Ord. No. 23-14, § 3, 11-14-2023)

The purposes and intents of allowing interim uses are: To allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive plan; and to allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future.

(1)

Public hearing notification mailing distance is 350 feet.

(2)

Standards of issuance.

a.

Every interim use permit issued shall terminate upon a date or event that can be identified with certainty, with the maximum duration of five years from the date of approval.

b.

In the final six months of each approved term, the applicant may request an extension to the permit of up to five years. An application for the extension is the same process as requesting an initial interim use permit.

c.

The council may attach such conditions to the interim use permit as it deems necessary in order to carry out the intent and purpose of this chapter and protect the public health, safety and welfare. These conditions may include a financial surety in an amount sufficient to remove the interim use and interim structures and/or site improvements upon expiration of the interim use permit.

d.

Home occupations have standards set forth in section 106-236.

(3)

Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs:

a.

The date stated in the permit;

b.

A violation of conditions and subsequent revocation of the permit; or

c.

Revocation resulting from a cessation of the interim use for 30 consecutive days.

d.

Change of ownership of the property.

e.

Change of business entity or tenant occupying the property.

f.

The extension of sanitary sewer and water services to the site for uses approved specifically without municipal services.

(4)

The interim use permit is adopted by resolution.

(5)

The property owner must sign an agreement understanding the limitations and conditions of the interim use.

(Ord. No. 23-14, § 3, 11-14-2023)

A type-II home occupation permit has the following procedural requirements:

(1)

Term. A type-II home occupation permit shall be temporary in nature and shall be granted to a designated person who resides in the dwelling unit on the subject property. The permit shall run with the applicant, not the property. Permits are not transferable from person to person or from address to address, unless the transfer is in accordance with the provisions of subsection (3) of this section.

(2)

Inspections. The zoning administrator, shall have the right, upon reasonable request, to enter and inspect the premises covered by said type-II home occupation permit for safety and compliance purposes, or code enforcement complaints.

(3)

Death or move of permit holder; suspension or revocation; businesses existing before adoption of these provisions.

a.

Should a type-II home occupation permit holder move to a new location, the existing permit shall be automatically terminated. If the type-II home occupation permit holder should desire to continue the home occupation in a new location, written notice to that effect shall be given to the city administrator or their designee, and the council may authorize continuation of that permit with a public hearing for the neighboring properties of the proposed new location.

b.

In the case of a death of the type-II home occupation permit holder, should a surviving spouse or child, residing at the same address or receiving title to the property, desire to continue the home occupation, written notice to that effect shall be given to the city administrator or their designee. The permit shall be automatically renewed subject to the same terms.

c.

A type-II home occupation permit, once granted, may be suspended or revoked prior to its original revocation date by the council for cause after hearing before the council. Citizen complaints seeking the revocation of such permit shall be filed with the city administrator or their designee. All such revocation hearings, publication, and notice requirements shall be the same as for type-II home occupation permits in accordance with City Code.

d.

Persons conducting a business from property zoned for residential use on the effective date of the ordinance from which this section is derived shall be required to obtain a type-II home occupation permit as required herein. The business may continue pending final determination of the application. Should the city administrator, their designee, or council deny the application for a type-II home occupation permit the use shall immediately cease at such residential premises.

(4)

Revocation. A type-II home occupation permit for a home occupation may be revoked if the property owner is found to be in violation of the conditions listed in the permit or is in violation of any other requirements set forth by the Ramsey City Code or Minnesota State Statute.

(5)

Termination. Home occupations approved with a type-II home occupation permit may be terminated if any of the following occur:

a.

A violation of conditions of the permit;

b.

A cessation of the home's occupation for 365 consecutive days;

c.

Change of ownership of the property; or

d.

Change of business entity.

(6)

Appeals. Any violation appeal or dispute shall be processed in accordance with chapter 2 of City Code.

(7)

Public hearing notification mailing distance for a type-II home occupation permit is 350 feet.

(Ord. No. 23-14, § 3, 11-14-2023; Ord. No. 24-10, § 2, 7-23-2024)

Purpose. The city council may adopt amendments to this zoning code. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the comprehensive plan or changes in conditions in the city. The city council may amend this chapter as proposed by a member of the council, planning commission, zoning administrator, or by a petition of a person residing or owning property within the city, in accordance with the following provisions:

(1)

Public hearing notification mailing distance is 350 feet if the amendment is related to a particular property.

(2)

The zoning text amendment is adopted by ordinance.

(Ord. No. 23-14, § 3, 11-14-2023)

Purpose. The city council may adopt amendments to the zoning map in relation both to land uses within a particular district or to the location of the district lines. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the comprehensive plan or changes in conditions in the city. The council may amend the zoning map as proposed by a member of the council, planning commission, zoning administrator, or by a petition of a person residing or owning property within the city, in accordance with the following provisions:

(1)

Conditional map amendment. An amendment on particular properties in conjunction with a specific proposed development may be described by a proposed plat name instead of the existing legal description to safeguard a property's zoning in the event the proposed plat does not get recorded or the project expires.

(2)

Public hearing notification mailing distance is 350 feet.

(3)

The zoning map amendment is adopted by ordinance.

(4)

Planned unit developments are created through this process and the adopted ordinance shall list the development standards and uses for that development.

(Ord. No. 23-14, § 3, 11-14-2023)

Purpose. The city council may adopt amendments to the comprehensive plan. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the community as reflected in the comprehensive plan or changes in conditions in the city. The city council may amend this chapter as proposed by a member of the council, planning commission, zoning administrator, or by a petition of a person residing or owning property within the city, in accordance with the following provisions:

(1)

Public hearing notification mailing distance is 350 feet if the amendment is related to a particular property.

(2)

The comprehensive plan amendment is adopted by resolution.

(Ord. No. 23-14, § 3, 11-14-2023)

Pursuant to section 12.6 of the City Charter, the procedure for application to vacate a public utility, drainage, roadway, access, or other form of easement shall be as follows:

(1)

The applicant shall petition the zoning administrator on the easement to be vacated including a legal description and survey exhibit.

(2)

Public hearing notification requirement. Property owners within 350 feet and all utility companies operating within Ramsey.

(3)

The city council shall hold a public hearing and make a final determination by resolution.

(4)

The approval resolution shall be recorded with the Anoka County Recorder's office or registrar of titles.

(Ord. No. 23-14, § 3, 11-14-2023)

An encroachment agreement is necessary when a structure or site improvement, other than a fence, utility infrastructure, parking lot, or driveway is proposed to be constructed in an easement or right-of-way and vacating the easement or right-of-way is not desired or practical.

(1)

A 30-day notification must be provided to all utility companies operating within Ramsey.

(2)

Administrative approval. The zoning administrator may approve an encroachment agreement administratively for encroachments that have received variances.

(3)

The city council will review all other encroachment requests and, if deemed reasonable at its sole discretion, approval is adopted by resolution authorizing the encroachment agreement.

(4)

All encroachment agreements must be recorded against the property with the Anoka County Recorder's office.

(5)

The zoning administrator will have the ability to abate the structure or site improvement removal as set forth in chapter 2 in the event the structure is not removed according to the terms of the agreement.

(Ord. No. 23-14, § 3, 11-14-2023)