A.   Purpose: The purpose of this section is to establish a formal site plan review procedure for commercial, industrial, institutional, and multiple-unit residential development projects and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this title and pursuant to Minnesota statutes § 15.99.

   B.   Exemptions: Unless otherwise specifically required in this title, the following shall be exempt from the requirements for commission review. All exemptions remain subject to the requirements of this title.

      1.   The erection or alteration of permitted agricultural structures, when all other provisions of this title are met.

      2.   Single-unit and two-unit dwellings, when all other provisions of this title are met.

      3.   Construction of or addition to an accessory structure not exceeding fifty percent (50%) of the building footprint of the principal structure, when all other provisions of this title are met.

      4.   Interior alterations of all structures that do not affect the existing uses or intensity of use, when all other provisions of this title are met.

      5.   Minor revisions or additions to existing principal structures, provided the proposed modifications do not exceed thirty percent (30%) of the floor area of said structure or ten thousand (10,000) square feet, whichever is less and all other provisions of this title are met.

      6.   The erection or alteration of commercial or industrial structures or accessory structures permitted in the B-2 District, when all other provisions of this title are met.

   C.   Review Procedures: Applicants shall submit to the city a completed official city application, the associated application fee set by council resolution and all supportive or supplementary information required by this section prior to any consideration for a site plan review. The city shall process all site plan applications in conformance with all applicable city, county, and state standards and requirements. The request shall be considered as being officially submitted and complete when the applicant has complied with all specified information requirements. In cases where an application is judged to be incomplete, the applicant shall be notified, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days of the date of submission.

   D.   Review Process:

      1.   Prior to filing a formal site plan application, applicants may present a concept plan to the city. The Zoning Administrator shall have the authority to refer said plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant regarding a concept site plan application are to be considered advisory only and shall not constitute a binding decision on the request.

      2.   Subsequent to any concept plan review, an applicant may present a formal site plan application to the city.

      3.   The Zoning Administrator shall have the authority to require the applicant to hold a neighborhood meeting to inform nearby property owners of the request. If required, this meeting shall take place following the submittal of the formal application to the city but before notices for the public hearing are published.

      4.   The Zoning Administrator shall refer all formal site plan applications to the planning commission. The commission shall hold a public hearing to review the formal site plan application and act on said application in accordance with subsection C above of this section or applicable state statute.

   E.   Public Hearing:

      1.   Unless exempted by this section, no site plan shall be considered until a public hearing has been held by the commission.

      2.   A notice of the time, place and purpose of the hearing shall be published in the city's official newspaper, at least ten (10) days prior to the hearing.

      3.   Notices shall be mailed to each property owner within five hundred (500) feet of the affected property, except when located in A-1, A-2, and RR districts in which case notice shall be mailed to each property owner within one-fourth (1/4) mile of the affected property. The city shall use its best available records to determine the names and addresses of property owners to receive notice.

      4.   Failure to give notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt was made to comply with these provisions.

      5.   During the public hearing city staff shall present their findings with regard to the site plan application.

   F.   Review Standards: The Zoning Administrator shall review each application for site plan review for compliance with the performance standards contained in the comprehensive plan, this title and other applicable city codes and policies. These standards may include, but are not limited to, the following:

      1.   Land use designations and zoning districts.

      2.   Access, parking and loading.

      3.   Exterior building materials.

      4.   Trash enclosure.

      5.   Landscaping and berming.

      6.   Signage.

      7.   Lighting.

      8.   Engineering, grading and drainage.

      9.   Traffic and pedestrian circulation.

      10.   Parks and open space.

   G.   Building Permit: No person, firm or corporation shall erect, alter, construct, enlarge, repair, move, improve, convert, demolish, equip, use, occupy, or maintain any building, structure, or portion thereof, within the city of Rosemount until proper permits and/or a certificate of occupancy has been issued by the protective inspections division of the city. All work for which a permit has been issued must be completed in accordance with title 9, "Building Regulations," of this code and applicable federal, state and county laws, codes and regulations.

      1.   Except as provided for by this section, no building permit shall be issued until a site plan has been prepared in accordance with the provisions of this title and approved by the commission. Upon approval of the site plan by the commission, the building official will be authorized to process a building permit for the proposed project pursuant to adopted building and fire codes. The site plan approval process does not imply compliance with the requirements of said building and fire codes.

   H.   Plan Conformance: Development of the site shall conform to all site and construction plans officially submitted to and approved by the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specification without prior submission of a plan modification request.

   I.   Plan Modifications: Major amendments to an approved site plan may be approved by the planning commission. The notification, public hearing, and appeal procedure for such amendments shall be the same as those for the original site plan review. Any other amendments may be made administratively when the Zoning Administrator determines that review and approval by the planning commission of a detailed site and building plan is unnecessary to meet the purpose and intent of this section. The Zoning Administrator's decision regarding classification of an amendment is final. When determining if an amendment is major, the Zoning Administrator may consider their determination on whether the amendment:

      1.   Substantially alters the location of buildings, parking areas or vehicle access.

      2.   Increases the total gross floor area of all buildings by more than five percent (5%) or increases the gross floor area of any individual building by more than ten percent (10%).

      3.   Increases the number of stories of any building.

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

      5.   Changes the exterior building materials or color of the building.

      6.   Creates noncompliance with any special condition attached to the approval of the site plan or applicable provision of this title.

   J.   Term Of Approval: Unless otherwise specified, an approved site plan shall become null and void one (1) year from the date of approval unless the property owner or applicant has substantially commenced construction of any building, structure, addition or alteration, or use requested as part of the approved plan or unless a petition for a time extension has been granted by the planning commission. All extension requests shall be submitted in writing to the community development department at least thirty (30) days prior to expiration of the site plan and shall state facts showing a good faith effort to complete work permitted under the original approval.

   K.   Site Improvement Performance Agreement And Financial Guarantee: Following the approval of a site plan required by this title and prior to issuance of a building permit, the applicant, if deemed necessary by the planning commission, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site performance agreement and a financial guarantee as provided below.

      1.   The applicant shall execute the site performance agreement on forms provided by the city. The agreement shall define the required work and reflect the terms of this section as to the required guarantee of the performance of the work by the applicant.

      2.   The required work includes, but is not limited to, private exterior amenities such as landscaping, turf establishment, private driveways, parking areas, curb and gutter, recreational facilities, wetland buffers, erosion control, fences and screening, and other similar facilities. The required work shall also include all aspects of the tree preservation plan, if applicable.

      3.   A financial guarantee shall be submitted with the executed site performance agreement as provided herein:

         a.   Financial guarantees acceptable to the city include cash escrow, an irrevocable letter of credit, or other financial instrument that provides equivalent assurance to the city and that is approved by the Zoning Administrator.

         b.   The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the applicant's responsibility to ensure that a submitted financial guarantee shall continue in full force and effect until the Zoning Administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this section.

         c.   When any instrument submitted as a financial guarantee contains provision for an automatic expiration date, after which the instrument may not be drawn upon, notwithstanding the status of the site performance agreement or of the required work, it shall be the applicant's responsibility to notify the city in writing, by certified mail, at least sixty (60) days in advance of the expiration date of the intent either to renew or not to renew the instrument. If the instrument is to be renewed, a written renewal shall be provided at least thirty (30) days prior to the expiration date. If the instrument is not to be renewed, and has not been released by the Zoning Administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least thirty (30) days prior to the expiration date. Upon receipt of an acceptable substitute financial guarantee, the Zoning Administrator may release the original guarantee.

         d.   The amount of the financial guarantee shall be established by the Zoning Administrator based upon an itemized estimate of the cost of all required work as provided by the applicant. A cash escrow or irrevocable letter of credit shall be in the amount of one hundred twenty-five percent (125%) of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the Zoning Administrator.

         e.   At the option of the city the applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements that comprise the work. All trees shall be warrantied to be alive, of good quality, and disease free for twelve (12) months from the time of planting. Any subsequent replacement shall be warrantied for twelve (12) months from the time of planting.

      4.   The time allowed for completion of the required improvements shall be set forth in the site performance agreement. This agreement and the financial guarantee shall guarantee compensation for the required improvements and provide for reimbursement to the city of the cost of enforcement measures. As the applicant completes various portions of such required work, the Zoning Administrator may release such portion of the financial guarantee as it is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one winter season, defined for the purposes of this section as the period between October 31 and April 30.

      5.   The applicant shall notify the Zoning Administrator in writing when all or part of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine that the work performed meets the standards of this title and any conditions imposed by the planning commission and the standards for the particular industry, profession or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed complete and the applicant shall be notified in writing as to required corrections. Upon determination that required work has been completed, including the winter season survivability of landscape plantings, notice shall be given to the applicant of the date of completion and action taken by the Zoning Administrator to release, or to reduce the amount of, the financial guarantee. (Ord. 2024-04, 6-4-2024; amd. Ord. 2025-02, 1-21-2025)

   A.   Purpose: The purpose of this section is to allow for additions or revisions to the provisions of this title and changes in zoning district boundaries.

   B.   Procedures:

      1.   Initiation: An amendment to this title may be initiated by the council, commission, or by petition of an affected landowner.

      2.   Application:

         a.   Applications provided by the city shall be completed in writing prior to any consideration of an amendment of this title.

         b.   Zoning amendment fees are established by resolution of the council.

         c.   Applications shall not be formally accepted until all supportive or supplementary information has been furnished by the applicant.

         d.   Applications for an amendment to the text of this title shall be submitted by an affected property owner on forms provided by the city and shall include the proposed text for the ordinance amendment in proper ordinance form.

         e.   Applications to amend the text of this title must be received by the council, which will then forward the petition to the commission for public hearing and recommendation.

      3.   The Zoning Administrator shall have the authority to require the applicant to hold a neighborhood meeting to inform nearby property owners of the request. If required, this meeting shall take place following the submittal of the formal application to the city but before notices for the public hearing are published.

      4.   Commission Recommendation: An amendment not initiated by the commission shall be referred to the commission for study and report and may not be acted upon by the council until it has received the recommendation of the commission on the proposed amendment or until sixty (60) days have elapsed from the date of reference of the amendment without a report by the commission.

      5.   Public Hearing:

         a.   No amendment to this title shall be considered until a public hearing has been held by the commission. When the amendment application is complete, the city shall conduct a public hearing before the commission according to the procedures specified in section 11-9-1 of this chapter.

      6.   Council Action: Amendments to this title require a majority vote of all members of council. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds (2/3) majority vote of all members of the council.

      7.   Reapplication: No application for the same or substantially the same amendment shall be made within six (6) months of the date of denial.

      8.   Generally: Notice requirement and procedures set forth in this section in excess of those required by state law are directory. Failure to comply with such procedures will not invalidate the proceedings. (Ord. 2024-04, 6-4-2024)

   A.   Purpose: The purpose of CUPs is to allow for those uses which are not generally suitable within the zoning district, but which under some circumstances may be suitable. The applicant for a CUP shall have the burden of proof that the use is suitable and that the standards set forth in this chapter have been met.

   B.   Application, Public Hearing, Notice, And Procedure: The application, public hearing, notice and procedure requirements for CUPs shall be the same as those identified in section 11-9-1 of this chapter. CUPs may be granted by majority vote of the entire council. Specific submissions required to complete an application for a CUP shall address all standards applicable to the proposed use. The applicant shall provide information as required in the site plan review.

   C.   Standards: The commission shall recommend a CUP and the council may issue such CUP if it finds that such use at the proposed location:

      1.   Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city.

      2.   Will be harmonious with the objectives of the comprehensive plan and city code provisions.

      3.   Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.

      4.   Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools.

      5.   Will not involve uses, activities, processes, material equipment, and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.

      6.   Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets.

      7.   Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards.

      8.   These standards apply in addition to specific conditions as may be applied throughout this code.

   D.   Conditions: In reviewing applications for CUPs, the Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan and city code provisions. Such conditions may include, but are not limited to, the following:

      1.   Controlling the number, area, bulk, height, density, intensity, and location of such uses.

      2.   Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

      3.   Regulating off street parking and loading areas where required.

      4.   Specifying utilities with reference to location availability and compatibility.

      5.   Requiring berming, fencing, screening, landscaping or other facilities to protect nearby property.

      6.   Ensuring compatibility of appearance.

      7.   In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic and other negative characteristics associated with such uses.

   E.   Revocation: Failure to comply with any condition set forth in a CUP, or any other violation of city code provisions, shall also constitute sufficient cause for the termination of the CUP by the council following a public hearing.

   F.   Expiration:

      1.   In any case where a conditional use has not been established within one (1) year of the date on which the CUP was granted, the permit shall be null and void unless a petition for extension is requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the deadline. The extension request shall be sent to the City Council for review and decision.

      2.   If the conditional use is discontinued for six (6) months, the CUP shall be null and void.

   G.   Permittee: A CUP shall be issued for a particular use and not for a particular person. (Ord. 2024-04, 6-4-2024)

   A.   Purpose. The purpose of an IUP is to permit a use which would not be appropriate generally, but which may be allowed within a certain zoning district with appropriate restrictions. An IUP is not intended to last indefinitely, but is meant to have a specific end date for when the use will no longer be allowed on the property.

   B.   Application, Public Hearing, Notice, And Procedure: The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for amendments as provided in section 11-9-2 above of this chapter, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Specific submissions required to complete an application for an interim use permit shall be specified for each type of interim use allowed.

   C.   Standards:

      1.   The interim use must be allowed in the zoning district where the property is located.

      2.   The interim use must meet or exceed the performance standards set forth in this title and other applicable city ordinances.

      3.   The interim use must comply with the specific standards for the use identified in this title, and must comply with all conditions of approval which shall be included in an IUP agreement.

   D.   Conditions: The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and objectives of the comprehensive plan.

   E.   Findings For Interim Use Permits:

      1.   The extent, location, and intensity of the use will be in substantial compliance with the comprehensive plan.

      2.   The use will provide adequate ingress and egress to minimize traffic congestion in the public streets.

      3.   The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety, and general welfare.

      4.   The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

      5.   The use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

   F.   Termination: An IUP shall terminate on the happening of any of the following events, whichever first occurs:

      1.   The date stated in the permit.

      2.   Upon violation of the condition(s) under which the permit was issued.

      3.   Upon change in the city's zoning regulation which renders the use nonconforming.

   G.   Modification Of Standards Or Conditions: The council, after public hearing, may modify standards or conditions required for the IUP, when strict application of such standards or conditions would unreasonably limit or prevent otherwise lawful use of a property or an existing structure and would result in exceptional undue hardship to the owner of such property or structure; provided, that such modification will not impair the intent and purpose of such standards or conditions and is consistent with reasonable enjoyment of adjacent property. (Ord. 2024-04, 6-4-2024)

   A.   Purpose: A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property. A variance may be granted when strict enforcement of the provisions of the zoning code would cause practical difficulties to the property owner, and when it can be demonstrated that such action will be in keeping with the spirit and intent of the code.

   B.   Applications: Applications provided by the city must be completed in writing prior to any consideration of variance petitions. Fees for variances are established by resolution of the city council.

   C.   The Zoning Administrator shall have the authority to require the applicant to hold a neighborhood meeting to inform nearby property owners of the request. If required, this meeting shall take place following the submittal of the formal application to the city but before notices for the public hearing are published.

   D.   Public Hearing: No amendment to this title shall be considered until a public hearing has been held by the commission. When the amendment application is complete, the city shall conduct a public hearing before the commission according to the procedures specified in section 11-9-1 of this chapter.

   E.   Approval Or Denial: The board of appeals and adjustments shall either approve or deny variances based on Minn. Stat. § 462.357, subdivision 6. Conditions of approval that are directly related to and bear a rough proportionality to the impact created by the variance may be attached to any variance granted.

   F.   Generally: Notice of requirement and procedures that are set forth in this section in excess of those required by state law are directory. Failure to comply with such procedures will not invalidate the proceedings.

   G.   Findings: The board of appeals and adjustments must find as follows in the granting of a variance from this title. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Economic considerations alone do not constitute practical difficulties.

      1.   The variance request is in harmony with the purposes and intent of the ordinance.

      2.   The variance is consistent with the comprehensive plan.

      3.   The property owner proposes to use the property in a reasonable manner.

      4.   There are unique circumstances to the property which are not created by the landowner.

      5.   Granting of the variance does not alter the essential character of the locality.

   H.   Lapse And Reapplication:

      1.   A variance granted but not used shall become void one year after its effective date.

      2.   No application for the same or substantially the same variance shall be made within six (6) months of the date of denial. (Ord. 2024-04, 6-4-2024)

   A.   Application And Review Process:

      1.   All applications for a (PUD) shall include both a master development plan and final site and building plan. Prior to submission of these formal applications, an applicant may submit a concept plan for review and comment by the planning commission and city council.

      2.   Upon receipt of a complete application for concept plan, master development plan, or final site and building plan, the Zoning Administrator shall set a date for a public hearing as outlined in section 11-9-1 of this chapter for formal review of the PUD application.

         a.   The Zoning Administrator shall have the authority to require the applicant to hold a neighborhood meeting to inform nearby property owners of the request. If required, this meeting shall take place following the submittal of the formal application to the city but before notices for the public hearing are published.

         b.   The applicant shall make a presentation of the applicable PUD application at a public hearing before the commission. The commission shall recommend approval, revision, reapplication, or denial of the applicable plan to the council.

   B.   PUD Concept Plan:

      1.   In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council.

      2.   The comments of the planning commission and city council shall address the consistency of the concept plan with this chapter. The comments of the planning commission and city council shall be for guidance only and shall not be considered binding upon the city regarding approval of the formal PUD application when submitted.

      3.   Submission of a concept plan is optional but is highly recommended for large PUDs.

   C.   PUD Master Development Plan And Rezoning:

      1.   Classification Of PUD District:

         a.   All PUD master development plan applications shall include a proposed rezoning to a specific PUD district. The district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district, which may be either the prior zoning classification or a new classification.

         b.   For mixed use PUDs, the city council shall, whenever reasonably practical, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practical to specify the underlying zoning classification, the city council may rezone the district, or any part thereof, to "PUD-mixed".

      2.   Approval of a rezoning to PUD and master development plan shall occur simultaneously and be subject to the procedures outlined in sections 11-9-2 and 11-9-1 of this chapter. After rezoning of the property to PUD, nothing shall be constructed on the PUD site except in conformance with the approved plans and this chapter.

      3.   Regulations governing uses and structures in the PUD shall be the same as those governing the underlying zoning district subject to the following:

         a.   Regulations may be modified expressly by conditions imposed by the planning commission and city council at the time of rezoning to PUD.

         b.   In the case of districts rezoned to PUD-mixed, the planning commission and city council shall specify regulations applicable to uses and structures in various parts of the district.

      4.   No building or other permits shall be issued for any work on property included within a proposed or approved PUD nor shall any work occur unless such work is in compliance with an approved PUD.

   D.   PUD Final Site And Building Plan:

      1.   Approval of a final site and building plan for the entire PUD or for specific parts of the PUD shall be subject to the procedures outlined in section 11-9-1 of this title.

      2.   Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously.

      3.   Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit subject to other necessary approvals by the city including, but not limited to, platting.

      4.   Substantial Compliance: The final site and building plan shall be in substantial compliance with the approved master development plan. Substantial compliance shall be determined by the Zoning Administrator based on the following standards:

         a.   Buildings, parking areas and roads are in substantially the same location as previously approved.

         b.   The number of residential living units has not increased or decreased by more than five percent (5%) from that approved in the master development plan.

         c.   The floor area of nonresidential uses has not been increased by more than five percent (5%) nor has the gross floor area of any individual building been increased by more than ten percent (10%) from that approved in the master development plan.

         d.   There has been no increase in the number of stories in any building.

         e.   Open space has not been decreased or altered to change its original design or intended use.

         f.   All special conditions required on the master development plan by the city have been incorporated into the final site and building plan.

      5.   Term Of Approval: If an application has not been made for a final site and building plan pursuant to the approved master development plan for all or a part of the property within a PUD or construction on the property has not been initiated in conformance with the approved site and building plan within one (1) calendar year of the date on which the PUD rezoning became effective or if within that period no extension of time has been granted, the city council may rezone the property to the zoning classification at the time of the PUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning, the approved master development plan and approved site and building plan, if applicable, shall remain the legal control governing development of the property included within the PUD.

   E.   Conditions Of Approval: The city may impose such conditions on approval of a master development plan and rezoning or final site and building plan as the council deems necessary to assure compliance with the purposes of this section, including the requirement that the developer execute and record such covenants and restrictions on the PUD property as the city deems necessary to assure that the property is developed and used in accordance with the approved plans.

   F.   Basis For Action: The planning commission and city council shall base their recommendations and actions regarding the applicable PUD application on consideration of the items listed below. The planning commission and city council may attach such conditions to their actions as they shall determine necessary to better accomplish the purposes of this chapter.

      1.   Compatibility of the proposed plan with this chapter and the goals and policies of the comprehensive plan.

      2.   Effect of the proposed plan on the neighborhood in which it is to be located.

      3.   Internal organization and adequacy of various uses or densities, circulation and parking facilities, public facilities, recreation areas, open spaces, screening and landscaping.

      4.   Consistency with the standards of section 11-9-1 of this chapter pertaining to site and building plan review.

      5.   Such other factors as the planning commission or city council deems relevant.

   G.   Amendments:

      1.   Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original PUD.

      2.   Any other amendment may be made administratively where the Zoning Administrator determines that review and approval by the planning commission and city council of a detailed site and building plan is unnecessary to meet the objectives of this chapter.

      3.   When determining if an amendment is major, the Zoning Administrator shall base their determination on whether the amendment:

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

         b.   Increases or decreases the number of residential dwelling units by more than five percent (5%).

         c.   Increases the gross floor area of nonresidential buildings by more than five percent (5%) or increases the gross floor area of any individual building by more than ten percent (10%).

         d.   Increases the number of stories of any building.

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

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

   H.   Exemptions: This chapter shall not apply to any PUD that has received final approval by the city council prior to the effective date hereof unless such is requested by the property owner and approved by the city council. (Ord. 2024-04, 6-4-2024)

   A.   Board of Appeals And Adjustments:

      1.   The Planning Commission shall act as the Board of Appeals and Adjustments and shall have the power to hear and decide, subject to appeal to the City Council, requests in the following cases:

         a.   Interpretation: Hearing appeals where it is alleged that there is an error in a decision or judgment made by the Zoning Administrator in the interpretation or enforcement of this title or in the interpretation of zoning district boundaries.

         b.   Variances: Grant variances from literal ordinance requirements in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration.

      2.   Interpretations may be requested to be heard by the board of appeals and adjustments at any regularly scheduled meeting of the planning commission.

   B.   Appeals To City Council:

      1.   The city council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure, or finding made by the board of appeals and adjustments.

      2.   Building permits shall not be issued after an appeal has been filed with the Zoning Administrator. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shall cease until the city council has made a final determination of the appeal.

      3.   Within ten (10) working days of the action of the board of appeals and adjustments, the applicant, the Zoning Administrator, a member of the city council, or any aggrieved person may appeal the decision to the city council. The appeal must be filed with the Zoning Administrator.

      4.   The city council shall conduct a hearing within thirty (30) days after the receipt of the appeal from the action of the board of appeals and adjustments. As provided in section 11-9-5 of this chapter, the city council shall give due notice of the hearing. The city council shall render a decision on the appeal without unreasonable delay.

      5.   Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

      6.   A fee to be established by resolution of the city council shall be paid to the planning department by the appellant at the time the notice of appeal is filed. Such resolution may provide for waiver or refund of such fee under specific circumstances. (Ord. 2024-04, 6-4-2024)

   A.   Any person who violates or fails to comply with any provisions of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punished to the maximum extent authorized in Minn. Stat. § 412.231, as amended from time to time. Each day the violation continues shall constitute a separate offense.

   B.   Enforcement: This title shall be enforced by the Zoning Administrator, who is authorized to take any appropriate actions or proceedings against a violator as provided by statute or ordinance. Such activities may include, but not be limited to, the following:

      1.   Periodically inspect buildings, structures, or uses of land to determine compliance with the terms of this title.

      2.   Notify, in writing, any person responsible for violating a provision of this title, indicating the nature of the violation and ordering the action necessary to correct it.

      3.   Order discontinuance of illegal use of land, buildings or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this title to ensure compliance with or to prevent violation of its provisions, including cooperation with the city attorney in the prosecution of complaints.

      4.   Seek immediate enforcement, without prior written notice, whenever it is determined that an emergency exists in relation to the enforcement of a provision of this title that requires immediate action to protect the health, safety, or welfare of occupants of any structure, or the public. (Ord. 2024-04, 6-4-2024)