(a)

Purpose. The purpose of this section is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations in such a manner that the health, safety and welfare of the city will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for such services.

(b)

Special permit required. All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33 kilovolts, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the public works supervisor.

(c)

Procedural requirements for approval of permit. All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33 kilovolts, which are intended to serve more than one parcel and are proposed to be installed at locations other than in the public right-of-way shall require a special permit issued by the city after approval by the public works supervisor. Approval by the public works supervisor shall be based upon the information furnished in the following procedural requirements:

(1)

Prior to the installation of any of the essential services described in this section, the owner of such service shall file with the city building official all maps and other pertinent information as deemed necessary for the public works supervisor to review the proposed project.

(2)

The city building official shall transmit the map and accompanying information to the public works supervisor for his review and approval regarding the project's relationship to the comprehensive plan and/or ordinances and parts thereof. As part of this review, the public works supervisor shall consult with and obtain the approval of the appropriate city staff.

(3)

The public works supervisor shall report in writing to the building official his findings as to the compliance of the proposed project with the comprehensive plan and ordinances of the city.

(4)

In considering applications for the placement of essential services, as regulated in this section, the city staff as referred to in subsection (c)(2) of this section shall consider the effect of the proposed project upon the health, safety and general welfare of the city, as existing and as anticipated; and the effect of the proposed project upon the comprehensive plan.

(5)

Upon receiving the approval of the public works supervisor, the building official shall issue a special permit for the installation and operation of the applicant's essential services. If the public works supervisor's report recommends the denial of such permit causing the building official to deny its issuance, the applicant may appeal such decision to the board of adjustment and appeals under the rules and procedures as set forth in section 74-121 et seq.

(6)

All utility crossings within the river development districts will require a conditional use permit from the city which when approved will be subject to approval of the state environmental quality board.

(Code 1982, §§ 15.140—15.142)

(a)

No building permit or other permit pertaining to the use of land or buildings shall be issued unless such use or building is designed and arranged to conform to the provisions of this chapter.

(b)

All applications for building permits pertaining to the erection or major alterations which will affect the outside dimensions of a structure shall be accompanied by three copies of a site plan. If the site consists of land not a part of a subdivision or land composed of partial lots, the site plan shall be attached to a survey by a registered land surveyor showing the actual dimensions of the lot, lots or parcel to be built upon. The site plan shall also show dimensions of existing and/or proposed structures to be erected or structurally altered, their location on the site in relation to the outside boundary, the required off-street parking plan, size of yards and open spaces, existing or proposed streets and alleys adjoining or within the lot, and such other information as may be necessary to provide for the enforcement of this chapter.

(Code 1982, § 15.110; Ord. No. 526, § 1, 5-17-93)

(a)

No land use shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy has been issued by the building inspector stating that the land, building and use appears to comply with all of the provisions of this chapter applicable to the building or premises of the use in the district in which it is to be located.

(b)

A certificate of occupancy issued by the building inspector is required with any change of occupancy or use of land or building or part thereof, now existing or hereafter erected, reconstructed or structurally altered, except in residential zoning districts. No such permit shall be issued to make such change unless it is in conformity with the provisions of this chapter. Application for a certificate of occupancy shall be made with the application of a building permit and shall be issued within ten days after the lawful change, erection, reconstruction or structural alteration is completed.

(Code 1982, § 15.111; Ord. No. 526, § 1, 5-17-93)

(a)

Within this chapter, land reclamation is the reclaiming of land by depositing or moving material to alter the grade. Land reclamation shall be permitted only by conditional use permit in all districts. Depositing a total of more than 100 cubic yards of material per acre, either by hauling in or regrading the acre, shall constitute land reclamation. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land and as conditions thereof shall regulate the type of material permitted, program for rodent control, plan for fire control, and general maintenance of the site, controls of vehicular ingress and egress, drainage, and control of material disbursed from wind or hauling of material to or from the site.

(b)

No person, partnership, or association, private or public corporation, county, municipality, or other political subdivision shall appropriate or use any public water, surface or underground, without first securing a use of an appropriation permit, public waters permit and written permission of the commission of the division of waters of the state department of natural resources. For the purposes of this chapter public waters shall be as defined in M.S.A. ch. 103G, as follows: No public water area shall be filled, partially filled, dredged, altered by grading, mining, or otherwise utilized or disturbed in any manner without first securing a public waters use permit from the state department of natural resources and a grading permit from the city administrator. Such grading permits shall be reviewed and approved by the council. All applications for land reclamation or mining shall require a condition use permit under the provisions of section 74-91 et seq.

(Code 1982, §§ 15.120, 12.151; Ord. No. 647, § 4, 5-18-09)

(a)

Purpose. The purpose of this section is to provide for the erection or placement of bus shelters and covered bus benches in the public right-of-way.

(b)

Conditional use permit required. The erection or placement of bus shelters and covered bus benches in the public right-of-way shall require a conditional use permit as regulated under the provisions of section 74-91 et seq.

(Code 1982, §§ 15.150, 15.151)

This division is established to provide comprehensive procedures and standards designed to allow the development of neighborhoods or portions thereof incorporating a variety of residential types and nonresidential uses, recognizing that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas may be inappropriate to control development in less developed areas. The PUD process by allowing flexibility from the strict provisions of this division related to setbacks, heights, lot area, width, depth, yards, and other equivalent performance standards by rezoning to a PUD district (or as a conditional use when applicable) is intended to encourage:

(1)

Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design, and siting of dwellings and by the conservation and more efficient use of land in such developments;

(2)

Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects;

(3)

More convenience in location of accessory commercial and service areas;

(4)

The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion;

(5)

A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses;

(6)

An efficient use of land resulting in smaller networks of utilities and streets thereby lower housing costs and public investments;

(7)

A development pattern in harmony with the objectives of the city's comprehensive plan;

(8)

A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city;

(9)

To give the landowner and developer reasonable assurance of ultimate approval before expending complete design moneys while providing city officials with assurances that the project will retain the character envisioned at the time of concurrence;

(10)

Provides for development reflective of the city's character including, but not limited to, tree lined streets, pedestrian elements, parks, natural resources, and street patterns;

(11)

Provides for development consistent with the comprehensive plan.

(Ord. No. 654, § 1, 2-16-10)

(a)

Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.

(b)

Comprehensive plan consistency. The proposed PUD shall be consistent with the city comprehensive plan.

(c)

Sanitary sewer plan consistency. The proposed PUD shall be consistent with the city comprehensive sanitary sewer plan.

(d)

Common open space. Common open space at least sufficient to meet the minimum requirements established in the comprehensive plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD.

(e)

Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the city council:

(1)

Dedicated to the public, where a community-wide use is anticipated and the city council agrees to accept the dedication.

(2)

Landlord control, where only use by tenants is anticipated.

(3)

A property owners' association, provided all of the following conditions are met:

a.

Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by M.S.A. § 515.11 and a set of floor plans such as specified by M.S.A. § 515.13 shall be filed with the city, such filing with the city to be made prior to the filings of such declaration or document or floor plans with the recording officers of the county.

b.

The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration.

c.

The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of such association or corporation which shall maintain all properties and common areas in good repair and which shall access individual property owners' proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

d.

The declaration shall additionally, among other things, provide that if the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and if the city incurs any expenses in enforcing its rules and regulations, which such expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of such expenses. Any such expenses shall be assessed pursuant to the provisions of M.S.A. § 429.101, as amended.

e.

Membership must be mandatory for each owner and any successive buyer.

f.

The open space restrictions must be permanent and not for a given period of years.

g.

The association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities to be deeded to it.

h.

The property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state statutes.

i.

The association must be able to adjust the assessment to meet changed needs.

j.

The bylaws and rules of the association and all covenants and restrictions to be recorded must be approved by the city council prior to the approval of the final PUD plan.

(f)

Staging of public and common open space. When a PUD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

(g)

Density. The maximum allowable density in a PUD shall be determined by reference to the comprehensive plan. Within that limit, the exact density allowable shall be determined by standards agreed upon between the applicant and the city. Whenever any PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 125 percent of the proposed residential density of the entire PUD.

(h)

Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable, shall be installed underground.

(i)

Utility connections.

(1)

Water connections. Where more than one property in a PUD is served from the same service line, a shutoff valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shutoff at the street.

(2)

Sewer connections. Where more than one unit in a PUD is served by a sanitary sewer lateral which exceeds 300 feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association or owner.

(j)

Roadways. All streets in the PUD shall conform to the design standards contained in the subdivision regulations and the Comprehensive Plan.

(k)

Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the city council, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the city council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan, including:

(1)

The use of vegetation in and around parking lots to provide shade and visual relief.

(2)

Landscaped buffer areas shall be provided between varying residential densities to provide a transition from one type of housing to another.

(l)

Urban development and availability of public services. All development in the PUD will be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available. Lands which have the necessary available municipal facilities and services will be granted approval in accordance with existing ordinances and development techniques. Lands which lack the available facilities and services will be granted approval for development at such times as the facilities and services have been made available by the continuing public improvement program or at such time when the developer agrees to furnish such facilities or improvements put forth by the city or other public agency.

(1)

Variances. If it can be demonstrated by the petitioner that divergence from the points in this subsection (l) will not cause an unreasonable burden upon the city in providing services and utilities or cause a deleterious impact upon the natural environment, then the city council may consider granting a variance to this policy in reviewing a proposed development.

(2)

Water and sewer facilities. No major PUD will be permitted in areas not having city water and sanitary sewer available within a reasonable length of time from the date of PUD approval.

(m)

Townhouse and quadraminiums. In any PUD:

(1)

No single structure shall contain more than six dwelling units.

(2)

Minimum unit lot frontage shall be not less than 20 feet.

(3)

Townhouses, cooperatives and condominiums will be subdivided on an individual unit basis according to the provisions of subsection (e)(3) of this section.

(4)

Building shall be constructed of high grade materials to create an enhanced appearance.

(n)

Setbacks.

(1)

The front and side yard restrictions at the periphery of the planned unit development site at a minimum shall be the same as imposed in the respective districts.

(2)

No building in the PUD shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.

(3)

No building within the PUD project shall be nearer to another building than one-half the sum of the building heights of the two buildings.

(o)

General building and site design.

(1)

The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by ensuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities.

(2)

Buildings should address the street with varied and articulated facades, frequent entries and windows. Porches and balconies should be encouraged, and facades consisting of long blank walls or series of garage doors are prohibited.

(3)

The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD.

(4)

If a project for which a PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shall demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases.

(p)

PUD Benefit. The proposed PUD shall accomplish the goals, policies, and requirements established in the purpose and intent and the general requirements and standards in this ordinance and shall not simply be for the enhanced economic gain of the applicant. It shall be the applicant's responsibility to demonstrate compliance with this requirement and provide specific written documentation addressing this matter as part of the PUD zoning application. Based on this documentation, the city shall determine that some benefit will be realized by the city if a PUD is permitted.

(Ord. No. 654, § 1, 2-16-10)

Ten copies of the following exhibits, analyses and plans shall be submitted to the planning commission and council during the PUD process, at the times specified in section 74-69.

(1)

General concept stage.

a.

General information:

1.

The landowner's name and address and his interest in the subject property.

2.

The applicant's name and address if different from the landowner.

3.

The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor.

4.

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the city attorney may require to show the status of title or control of the subject property.

b.

Present status:

1.

The address and legal description of the subject property.

2.

The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the subject property.

3.

A map depicting the existing development of the subject property and all land within 1,000 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feet of the subject property.

c.

A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand, showing its relationship to the city's comprehensive plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with applicable regulations of the city.

d.

Site conditions: Graphic reproductions of the existing site conditions at a scale of one inch equals 100 feet.

1.

Contours, minimum two-foot intervals.

2.

Location, type, and extent of tree cover.

3.

Slope analysis.

4.

Location and extent of water bodies, wetlands and streams and floodplains within 300 feet of the subject property.

5.

Significant rock outcroppings.

6.

Existing drainage patterns.

7.

Vistas and significant views.

8.

Soil conditions as they affect development.

All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.

e.

Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements, public and common open space, residential and other land uses.

f.

A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percentage of the total project area, which shall include at least the following:

1.

Area devoted to residential uses.

2.

Area devoted to residential use by building type.

3.

Area devoted to common open space.

4.

Area devoted to public open space.

5.

Approximate area devoted to streets.

6.

Approximate area devoted to, and number of, off-street parking and loading spaces and related access.

7.

Approximate area, and floor area, devoted to commercial uses.

8.

Approximate area, and floor area, devoted to industrial or office use.

g.

When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.

h.

When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space be owned and/or maintained by an entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted.

i.

General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

j.

Schematic utilities plans indicating placement of water, sanitary and storm sewers.

k.

The planning commission may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

l.

The planning commission may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof.

(2)

Development stage. Development stage submissions should depict and outline the proposed implementation of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include but not be limited to:

a.

Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan.

b.

Ten sets of preliminary plans, drawn to a scale of not less than one inch equals 100 feet, or scale requested by the city administrator, containing at least the following information:

1.

Proposed name of the development, which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the county where the subject property is situated.

2.

Property boundary lines and dimensions of the property and any significant topographical or physical features of the property.

3.

The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including mobile homes, and existing buildings which will remain, if any.

4.

Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike paths and pedestrian ways; and the total site coverage of all circulation elements.

5.

Location, designation and total area of all common open space.

6.

Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

7.

Proposed lots and blocks, if any, and numbering system.

8.

The location, use and size of structures and other land uses on adjacent properties.

9.

Detailed sketches and provisions of proposed landscaping.

10.

General grading and drainage plans for the developed PUD.

11.

Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan.

c.

An accurate legal description of the entire area within the PUD for which final development plan approval is sought.

d.

A tabulation indicating the number of residential dwelling units by number of bedrooms and expected population/housing profile.

e.

A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity, e.g., drugstore, dry cleaning, supermarket.

f.

Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes.

g.

A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures, including mobile homes, and uses.

h.

Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan.

i.

Sketch plan, preliminary and final plat prepared in accordance with the city subdivision regulations.

j.

A soil erosion control plan acceptable to watershed districts, department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

k.

A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.

l.

Such other and further information as the planning commission, city administrator or council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

m.

The planning commission may excuse an applicant from submitting any specific item of information or document required in this section which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

(3)

Final plan stage. The application submittals should depict and outline the proposed implementation of all or prescribed phases of the development stage PUD plan for the PUD. The final plan submittals shall include but not be limited to:

a.

Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

b.

All certificates, seals and signatures required for the dedication of land and recordation of documents.

c.

Final architectural working drawings of all structures.

d.

A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a community/developer agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

e.

Any other plans, agreements, or specifications necessary for the city staff to review the proposed construction. All work must be done in conformance with the Minnesota State Uniform Building Code.

(Ord. No. 654, § 1, 2-16-10)

(a)

Pre-application conference. Prior to the filing of an application for a PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the city planner and/or city staff. At such conference, the applicant shall be prepared to generally describe his proposal for a PUD. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.

(b)

General concept plan.

(1)

Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development without incurring substantial cost. This concept plan serves as the basis for the public hearing so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the city shall review and for which a decision shall be rendered:

a.

Overall maximum PUD density range.

b.

General location of major streets and pedestrian ways.

c.

General location and extent of public and common open space.

d.

General location of residential and nonresidential land uses with approximate type and intensities of development.

e.

Staging and time schedule of development.

f.

Other special criteria for development.

(2)

Schedule.

a.

Developer meets with city staff to discuss the proposed development.

b.

Developer submits the necessary data as required in section 74-68 and subsection (b)(1) of this section at least 30 days prior to the planning commission meeting. City staff shall distribute copies of the plan to all necessary agencies for review.

c.

A technical staff report shall be prepared on the proposed development, and distributed to the planning commission and the applicant prior to the meeting.

d.

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed development.

e.

Planning commission makes a recommendation to the city council on the general concept plan.

f.

City council reviews all recommendations and directs the applicant on changes to be made to concept plan.

(3)

Effect of concept plan review. Acceptance of a PUD concept plan by the city confers no development rights, nor any other property right. The purpose of a concept plan review is to permit an applicant to present a PUD proposal to city officials and the community and receive comments as to the general acceptability of the proposal, important issues, and similar feedback.

(4)

Limitation on general concept plan review. Unless a development stage plan covering at least ten dwelling units or the area designated in the general concept plan as the first stage of the PUD, whichever is greater, has been filed within six months from the date the council reviews the concept plan, the applicant shall be required to resubmit a concept plan for review. Upon application by the applicant, the council at its discretion may extend for additional periods, not in excess of six months each, the filing deadline for any development stage plan when, for good cause shown, such extension is necessary.

(c)

Development stage plan.

(1)

Purpose. The purpose of the development stage plan is to provide a specific and particular plan upon which the planning commission will base its recommendation to the council and with which substantial compliance is necessary for the preparation of the final plan.

(2)

Submission of development stage plan. Upon council review of the general concept plan and within six months, unless otherwise extended by the city council, the applicant shall file with the city administrator a development stage plan consisting of the information and submissions required by section 74-68 for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The development stage plan shall refine, implement and be in substantial conformity with the general concept plan. A detailed plan shall be deemed not to be in substantial conformity with an approved general concept plan if it:

a.

Departs by more than five percent from the maximum density approved for the PUD or exceeds the implied maximum density established by the comprehensive plan for the area in which the PUD will be located.

b.

Decreases by more than five percent the area approved for public and common open space or changes the general location of such areas.

c.

Relocates approved circulation elements to any extent that would decrease their functionability, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.

d.

Significantly alters the arrangement of land uses within the PUD.

e.

Delays by more than one year any stage of an approved staging plan.

f.

Departs from the general concept plan in any other manner which the planning commission shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed PUD.

g.

Does not address the comments provided by the city council at the concept review.

(3)

Review and action by city staff and planning commission. Immediately upon receipt of a completed development stage plan, the city administrator shall refer such plan to the following city staff and/or official bodies for the indicated action:

a.

The city attorney for legal review of all documents.

b.

The city engineer for review of all engineering data for compliance with the requirements of this chapter and review of the city/developer agreement.

c.

The city building official for review of all building plans for compliance with the requirements of this chapter, the state uniform building code and any other applicable federal, state or local codes.

d.

The building official for review of all plans for compliance with the intent, purpose and requirements of this chapter and conformity with the general concept plan and comprehensive plan.

e.

The city planning commission for review and recommendation to the council.

f.

When appropriate, the park and recreation commission for review and recommendation.

g.

When appropriate, to other special review agencies such as the watershed districts, soil conservation services, highway departments, or other affected agencies.

All staff designated in subsections (c)(3)a. through (c)(3)d. of this section shall submit their reports in writing to the planning commission and applicant.

(4)

Schedule. The schedule shall be as follows:

a.

Developer meets with the city administrator, building official and city staff to discuss specific development plans.

b.

The applicant shall file the development stage application within six months after concept plan review, together with all supporting data and a filing fee as established by city council resolution.

c.

Upon verification by the staff that the required plan and supporting data is adequate, the planning commission shall hold a public hearing.

d.

Upon verification of such application, the city administrator shall notify the planning commission for the purpose of setting a public hearing for the next regular meeting of the planning commission. The planning commission shall conduct the hearing, and report its findings and make recommendations to the city council. Notice of such hearing shall consist of a legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten days prior to the hearing, and written notification of such hearing shall be mailed at least ten days prior to all owners of land within 500 feet of the boundary of the property in question.

e.

Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth within this chapter.

f.

After the public hearing has been set, the city administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action to the city council.

g.

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

h.

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed development.

i.

The planning commission shall review the development stage PUD plan to consider the conformity of the plan to the comprehensive plan, with respect to the merit or lack of merit of any departure of the development stage plan from substantial conformity with the concept PUD plan and with respect to the compliance of the development stage PUD plan with the provisions of this division, with findings related to the relevant elements of the purpose statement of the PUD ordinance, and all other applicable federal, state and local codes.

j.

Within 30 days of receipt of the report and recommendation of the planning commission, the council shall grant approval, resubmit the plan to the planning commission for further consideration of specified items, or deny approval of the plan setting forth its findings of fact and conditions in the form of a resolution.

(5)

Limitation on detailed plan approval. Unless a final plan covering the area designated in the development stage plan as the first stage of the PUD has been filed within six months from the date the council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with the development in accordance with the provisions of this chapter and/or an approved development stage plan, the approval shall expire. Upon application by the applicant, the council at its discretion may extend, for not more than six months, the filing deadline for any final plan when, for good cause shown, such extension is necessary. In any case where development plan approval expires, the council shall forthwith adopt a resolution repealing the general concept plan approval and the development stage plan approval for that portion of the PUD that has not received final plan approval and reestablishing the zoning and other ordinance provisions that would otherwise be applicable.

(6)

Site improvements. At any time following the approval of a development stage plan by the council, the applicant may, pursuant to the applicable ordinances of the city, apply for, and the city public works supervisor may issue, grading permits for the area within the PUD for which development stage plan approval has been given.

(d)

Final plan.

(1)

Purpose. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD. The final plan is intended only to add detail to, and to put in final form the information contained in the general concept plan and the development stage plan and shall conform to the development stage plan in all respects.

(2)

Schedule. Upon approval of the development stage plan, and within the time established by subsection (c)(5) of this section, the applicant shall file with the city administrator a final plan consisting of the information and submissions required by section 74-68 for the entire PUD or for one or more stages. This application will be considered at the next possible regular planning commission meetings.

a.

Within 30 days, the findings and recommendations of the planning commission shall be forwarded to the council for consideration. If the planning commission fails to act within the time specified in this subsection, it shall be deemed to have recommended the plan for approval.

b.

Within 30 days of receipt of the findings and recommendations of the planning commission, the council shall grant approval or denial of such request.

(3)

Final action. The final action of the city council to approve, deny or conditionally approve the final plan shall be in the form of a resolution setting forth facts and findings and conditions of approval.

(4)

Denial. Denial of the final plan PUD shall be accompanied by written findings of fact of the city council including supporting data setting forth the reasons for the denial in terms of the ways the proposed use fails to meet the standards and intent of the comprehensive plan, is not consistent with the approved development stage PUD plan and/or concept PUD plan and/or is otherwise injurious to the public health, safety and welfare.

(5)

Zoning enactment. A rezoning of a parcel of land to PUD shall not become effective until such time as the city council approves an ordinance reflecting said amendment, which shall take place at the time the city council approves the final plan PUD and final plat. Upon approval of the Final Plan PUD and final plat, all ordinances for rezoning shall be published to implement the PUD zone.

(6)

PUD agreement. The terms of the PUD as approved by the city council shall be embodied in a PUD agreement/development contract, and such other documents as the city shall deem necessary or desirable.

(7)

Recording. Within 90 days of its approval, the applicant shall cause the final plan, PUD agreement/development agreements, covenants and all other pertinent documents to be recorded with the county recorder or registrar of deeds, at the expense of the applicant. Certified copies of said recorded documents shall be furnished to the city as evidence that the documents have been filed.

(8)

Issuance of building and other permits. Except as otherwise expressly provided in this section, upon receiving notice from the building official that the approved final plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.

(9)

Limitation on final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as provided in this section, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances, and other ordinances, applicable in the district in which it is located. In such case, the council shall forthwith adopt an ordinance repealing the PUD permit and all PUD approvals and reestablishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this subsection may, at the discretion of the council, be extended for not more than one year by ordinance or resolution duly adopted.

(10)

Inspections during development. Following final plan approval of a PUD, or a stage thereof, the city administrator shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

(11)

Compliance with overall plan. If the city administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, he shall immediately notify the council. Within 30 days of such notice, the council shall either by ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the final plans as approved; or shall require the landowner or applicant to seek an amendment of the final plan.

(Ord. No. 654, § 1, 2-16-10)

(a)

A request for an amendment, conditional use permit, or interim use permit, as provided by this chapter, shall be filed with the city administrator upon an application form to be provided by the city. Such application shall be accompanied by a nonrefundable fee as provided by council resolution. Such application shall be accompanied by ten copies of detailed written and graphic materials fully explaining the proposed change, development, or proposed use.

(b)

If the city administrator finds the application meets the requirements of this chapter, he shall refer the application to the planning commission, which shall schedule a hearing on such application. Notice of such hearing shall consist of a legal description of the subject property, the description of the request and a map detailing the property location, and shall be published in the official newspaper of the city at least ten days prior to the hearing. In addition, a copy of such notice of hearing shall be mailed at least ten days prior to the date of such hearing to all owners of land within 500 feet of the boundary of the subject property. For the purpose of giving mailed notice, owners shall be those shown to be such on the records of the county auditor or the county treasurer; but other appropriate records may be used for this purpose. The review period and application completeness standards are set forth in M.S.A. § 15.99.

(c)

Failure of a property owner to receive notice as required by this section shall not invalidate any such proceedings as set forth within this chapter.

(d)

After the public hearing on the proposed amendment, conditional use, or interim use has been set, the city administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the proposed amendment or conditional use to the city council.

(e)

The planning commission shall consider possible adverse affects of the proposed amendment, conditional use, or interim use. Its judgment shall be based upon, but not limited to, the following factors:

(1)

The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive land use plan.

(2)

The proposed use is or will be compatible with present and future land uses of the area.

(3)

The proposed use conforms with all performance standards contained in this article.

(4)

The proposed use will not tend to or actually depreciate the area in which it is proposed.

(5)

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

(f)

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(g)

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request.

(h)

The planning commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff.

(i)

Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

(j)

Upon receipt of the report and recommendation of the planning commission and the city staff, the city council shall hold a public hearing, and based upon such hearing, shall include in its written minutes, or other separate written document, findings of fact in support of its decision to approve or deny any application. Notice of such hearing shall be given in the same manner as the notice of hearing before the planning commission as set forth in subsection (b) of this section. The council may also, in the case of a conditional or interim use permit, impose any conditions it considers necessary for the protection of the public health, safety and welfare, and may also impose a time limitation on any interim use permit.

(k)

If, upon receiving the reports and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council will differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only once for each application.

(l)

Approval of a request for an amendment, conditional use permit, or interim use permit shall require passage by a four-fifths vote of the entire city council.

(m)

The amendment shall not become effective until such time as the city council approves an ordinance reflecting such amendment and after such ordinance is published in the official newspaper.

(n)

The city administrator shall notify the applicant for an amendment, conditional use permit, or interim use permit of the council's decision in writing.

(o)

Whenever an application for an amendment, conditional use permit, or interim use permit has been considered and denied by the city council, a similar application for the amendment, conditional use permit, or interim use permit affecting substantially the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or city council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full city council.

(Ord. No. 656, § 1, 6-21-10)

The city council or planning commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect such real estate.

(Ord. No. 656, § 1, 6-21-10)

(a)

Purpose. The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

(b)

Information required. The information required for all conditional use permit applications generally consists of the following:

(1)

Site development plan, which includes:

a.

Locations of all buildings on lots, including both existing and proposed structures.

b.

Location of all adjacent buildings located within 500 feet of the exterior boundaries of the property in question.

c.

Location and number of existing and proposed parking spaces.

d.

Vehicular circulation.

e.

Architectural elevations (types and materials used on all external surfaces).

f.

Location and candlepower of all illuminaries.

g.

Curb cuts, driveways, number of parking spaces.

(2)

Dimension plan, which includes:

a.

Lot dimensions and area.

b.

Dimensions of proposed and existing structures.

c.

Typical floor plan and typical room plan.

d.

Setbacks of all buildings located on the property in question.

e.

Proposed setbacks.

f.

Sanitary sewer and water plan with estimated use per day.

(3)

Grading plan, which includes:

a.

Existing contour.

b.

Proposed grading elevations.

c.

Drainage configuration.

d.

Storm sewer catch basins and invert elevations.

e.

Spot elevations.

f.

Proposed road profile.

(4)

Landscape plan, which includes:

a.

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

b.

Location, type and diameter of all proposed plantings.

c.

Location and material used of all screening devices.

(5)

Legal description of property under consideration.

(6)

Proof of ownership of the land for which a conditional use permit is requested.

(c)

Lapse of conditional use permit by non-use. Whenever within one year after the granting of a conditional use permit, the use as permitted by the permit shall not have been completed or utilized, then such permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the city council. Such extension shall be requested in writing and filed with the building official at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision.

(d)

Abandonment of use. In the event the conditional or interim use is discontinued, the permit shall lapse by non-use six months after notice from the city.

(e)

Performance bond. Except in the case of non-income-producing residential property, upon approval of a conditional use permit, the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Such security shall be non-cancellable and shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the city.

(1)

The security shall be in the amount of one and one-half times the city administrator's or city building official's estimated costs of labor and materials for the proposed improvements or development. Such project can be handled in stages upon the discretion of the city administrator and building official.

(2)

The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the city building official.

(3)

Failure to comply with the conditions of the conditional use permit or the ordinances of the city shall result in forfeiture of the security.

(f)

Revocation. The planning commission may recommend, and the city council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this division, City Codes, or other applicable regulations. The city council or planning commission shall initiate an application and the city administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing conditional use permits by this section. The city administrator shall provide the applicant a copy of the proceedings and findings of the planning commission and city council.

(Ord. No. 656, § 1, 6-21-10)

Interim use permits may be granted by the city council where allowed by zoning district, subject to the same process as required for conditional use permits under this chapter. Each interim use permit shall include a requirement for a recordable development contract between the city and the owner and applicant which specifies the date and/or conditions for termination of the interim use permit. Said development contract shall be executed prior to any building, grading, or other permit may be issued to the project. The use allowed by the interim use permit shall terminate on or before the termination period listed in the development contract and council resolution, and no extension may be granted. Continuation of the use may be allowed only by issuance of a new interim use permit under the terms of this chapter. The owner and applicant shall expressly agree and acknowledge that neither the grant of an interim use permit, nor the improvements made pursuant to such permit, shall confer any right or preference to a subsequent permit for the same or similar use in the future.

(Ord. No. 656, § 1, 6-21-10)

(a)

The city council shall act as the board of adjustment and appeals.

(b)

Appeals from administrative action. The city council, serving as the board of appeals and adjustments, shall, after receiving the written report of the zoning administrator, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, interpretation requirement, decision or determination made by any administrative office or the zoning administrator in the enforcement of this division. However, said appeal shall be filed not later than 90 days after the applicant has received a written order from the city or the appeal shall be void.

(c)

Variances. The purpose of a variance is to provide for deviations from the literal provisions of this division in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this division. The board of adjustment and appeals shall not approve any variance request unless they find failure to grant the variance will result in practical difficulties and the following criteria have been met:

(1)

The proposed variance is consistent with the comprehensive plan.

(2)

The proposed variance is in harmony with the general purpose and intent of this section.

(3)

The purpose of the variance is not based exclusively upon economic considerations.

(4)

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

(5)

The granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located.

(6)

The property owner proposes to use the property in a reasonable manner not permitted by this section.

(7)

The requested variance is the minimum action required to eliminate the practical difficulty.

(8)

The variance does not involve a use that is not allowed within the respective zoning district.

(9)

That the granting of the variance will not confer special privileges on the parcel in question that are not generally available to other property in the same zoning district.

(Ord. No. 660, § 1, 8-16-10; Ord. No. 688, § 1, 11-19-12)

(a)

Requests for a variance or appeal shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as established by city council resolution. This fee shall not be refunded. Such application shall also be accompanied by ten copies of detailed written graphic materials necessary for the explanation of the request, and a list of property owners located within 350 feet of the subject property obtained from and certified by the county. The request shall be placed on the agenda of the first possible planning commission meeting occurring after ten days from the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with.

(b)

The zoning administrator, upon receipt of an application for variance or appeal, shall instruct the city administrator to set a public hearing for the next regular meeting of the planning commission. The planning commission shall conduct the hearing, and report its findings and make recommendations to the city council. Notice of such hearing shall consist of a legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten days prior to the hearing, and written notification of such hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question.

(c)

Failure of a property owner to receive the notice provided for in this section shall not invalidate any proceedings as set forth within this division.

(d)

After the public hearing has been set, the city administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action at the city council.

(e)

The planning commission and city staff shall have the authority to request additional information from the applicant for a variance or appeal concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, such information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(f)

The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request.

(g)

The planning commission shall make a finding of fact and decide to recommend approval or denial of the request for variance or appeal. The commission's recommendation and the city staff's report shall be presented to the city council serving as the board of adjustment and appeals at its next regular meeting.

(h)

The zoning administrator shall place the report and recommendation of the planning commission and the city staff on the agenda for the next regular city council meeting after planning commission action, or the expiration of 60 days after the first consideration by the commission, whichever is earlier, subject to the limitations of M.S.A. § 15.99. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting. The city council serving as the board of adjustment and appeals shall have the option to set and hold a public hearing if deemed necessary on such request. The board shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten days before such hearing to all owners of property, according to the county assessment records, within 350 feet of the property to which the variance or appeal relates.

(i)

Failure of a property owner to receive the notice provided for in this section shall not invalidate any such proceedings as set forth within this chapter.

(j)

The period of time for review and rendering a decision shall follow M.S.A. § 15.99.

(k)

A variance of this chapter or grant of an appeal shall be by majority vote of the full city council serving as the board of adjustment and appeals.

(l)

The city administrator shall notify the originator of the variance request or appeal of the city council's, serving as the board of adjustment and appeals, decision in writing.

(Ord. No. 660, § 1, 8-16-10)

Whenever within one year after granting a variance or appeal the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the city council. Such extension shall be requested in writing and filed with the zoning administrator at least 60 days before the expiration of the original variance or appeal. The fee for such a petition shall be set by chapter 42 of the City Code. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision.

(Ord. No. 660, § 1, 8-16-10)

In cases where landscaping, grading, public improvements, or other such activity is proposed in conjunction with the variance or appeal or to ensure compliance with the conditions of approval, the following may be required at the discretion of the city administrator:

(a)

Upon approval of a variance or appeal, the city shall be provided with a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Such security shall be non-cancellable and shall guarantee conformance and compliance with the conditions of the variance or appeal and the ordinances of the city.

(b)

The security shall be in the amount of one and one-half times the city administrator's or building official's estimated costs of labor and materials for the proposed improvements or development.

(c)

The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance or appeal and ordinances of the city has been issued by the city building official.

(d)

Failure to comply with the conditions of the variance or appeal and the ordinances of the city shall result in forfeiture of the security.

(Ord. No. 660, § 1, 8-16-10)

Except for farm buildings, no building or structure to be erected or moved, or that portion of an existing structure or building to be erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building official, stating that the building or structure complies with all of the provisions within this chapter.

(Code 1982, § 15.360)

The certificate of occupancy shall be applied for coincident with the application for a building permit, conditional use permit, and/or variance and shall be issued within ten days after the building official shall have found the building or structure satisfactory and given final inspection. Such application shall be accompanied by a fee as established by the city council.

(Code 1982, § 15.361)

The costs of the city for receiving, analyzing, processing, hearing and final process for requests of changes, modification, or special consideration under this division, such as requests for amendments (map or text), site and building plan reviews, conditional use permits, interim use permits, and variances are considered to be unique to the applicant requesting such consideration, and it is the intent of this section to provide that all costs of the city occasioned by such requests shall be borne by the applicant. The reimbursement to the city shall be limited to actual costs of the city. Actual costs shall include all engineering, legal, planning, or other consultant fees or costs paid by the city for other consultants for expert review of a development application.

(a)

Base zoning fee. To defray administrative costs of processing of requests for conditional uses, interim use permits, amendments, variances, appeals, or any other land use or zoning permit applications, a base fee as set by chapter 42 of the City Code per application shall be paid by all applicants. Each applicant shall pay a nonrefundable base zoning fee at the time an application is presented to the city for a zoning change of any nature, site and building plan review, a conditional use, an interim use, or a variance. This fee is intended to reimburse the city for its costs for administrative processing a development application. If this fee proves to be insufficient to cover such costs, such additional costs will be charged as a part of the zoning deposit, or the supplemental zoning deposit.

(b)

Escrow deposit. In addition to the nonrefundable base zoning fee, each applicant shall pay an escrow deposit in an amount established by city council on the fee schedule at the time of application. All actual costs including, but not limited to, planning, engineering, legal, or other consultant fees or costs, incurred by the city in the processing of the application shall be paid from or reimbursed to the city, from the escrow deposit. Actual costs not fully paid or reimbursed from the base zoning fee shall be paid or reimbursed from this escrow or supplemental deposit.

(c)

Supplemental deposit. At any time while the application is pending and before its final conclusion, if the city administrator determines that the amount of the escrow deposit required is or is estimated to be insufficient to pay for present or anticipated actual costs of the application, a supplementary deposit shall be required by the city administrator to be paid by the applicant. The one or more supplemental deposits shall be in an amount sufficient to pay all actual costs of the city.

(d)

Refunds—Administrative costs. The base zoning fee, intended to cover administrative costs, is nonrefundable.

(e)

Refunds—Direct costs. If the direct costs of the city in processing the application are less than the amount of the escrow deposit and any supplemental deposit, any such unexpended amount shall be refunded to the applicant upon the conclusion of the proceedings, and any such costs in excess of the supplemental deposits on hand with the city shall be paid by the applicant prior to completion of the proceedings by the city.

F.

Assessment. In order to recoup the additional cost of processing zoning applications, the city shall have the option of assessing all applicants the total excess cost of staff and/or consulting time spent exclusively in review, consideration, research, or production of materials for the applicant's request, and all materials for such request not covered by the application fee or other collections.

(Ord. No. 663, § 1, 10-18-10)

This division shall be administered and enforced by the person designated by the city administrator as the zoning administrator. The zoning administrator may institute in the name of the city any appropriate actions or proceedings against a violator. Whenever a violation of this division occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the zoning administrator. That person shall record properly such complaint, immediately investigate, and take action thereon as provided by this division.

(a)

Enforcement procedure. For the enforcement of the provisions of the zoning ordinance, the first zoning violation notice shall be sent by regular mail, and the second notice will be sent by certified mail or return receipt requested to the property owner of which the violation is taking place. The zoning violation notice shall contain the following information:

(1)

A description of the violation which is taking place.

(2)

A picture (if possible) of the violation which is taking place.

(3)

Location and/or address of the property at which the violation is taking place.

(4)

Identification of the section of the zoning ordinance which is being violated.

(5)

Date the violation was discovered.

(6)

Steps necessary to correct the violation.

(7)

Deadline in which the violation must be corrected, which is at the discretion of the zoning administrator, but which in no case may be longer than 30 days from the date the first notice is mailed.

(b)

Correction of the zoning violation. Correction of the violation in the manner stipulated by the zoning notice violation, at any point during this enforcement process, shall deem the zoning violation notice null and void, and enforcement activity shall cease.

(c)

Failure to correct zoning violation—Enforcement remedies. Failure to correct the zoning violation shall result in the city pursuing enforcement action following notification to the property owner, with the city having the authority to carry out the following enforcement remedies:

(1)

Withhold permits. The city shall have the authority to withhold any permits or city approvals which are necessary until the violation is corrected to the city's satisfaction.

(2)

Stop work order. The city shall have the authority to issue a stop work order on the subject violation.

(3)

Abatement. The city shall have the authority to require that the violation be abated by completely removing or stopping the item or use which has been identified in the zoning violation notice.

(4)

Injunctive relief. The city shall have the authority to seek an injunction in court to stop any violation of this division.

(5)

Civil remedies. The city shall have the authority to institute appropriate civil action to enforce the provisions of this division, and shall recover reasonable court costs and attorney's fees which are incurred due to the enforcement of the subject violation, at the discretion of the court.

(6)

Assessment. The city shall have the authority to use the provisions of M.S.A. ch. 429, assess any charge against the property benefited, and any such assessment shall, at the time at which taxes are certified to the county auditor, be certified for collection in the manner that other special assessments are so certified.

(7)

Criminal remedies. The city shall have the authority to institute appropriate misdemeanor criminal action for a violation of this division.

(8)

Cumulative remedies. The powers and remedies of this section shall not be individually limited and are not exclusive. The powers and remedies of this section are cumulative and all power and remedies may apply, as well as any other remedies allowed under state law.

(Ord. No. 656, § 1, 6-21-10)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists enforcement of, any of the provisions of this chapter, as amended, shall, upon conviction thereof, be fined or penalized not more than the maximum levels established by the state for misdemeanor offenses. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 656, § 1, 6-21-10)