To insure that the purposes of this division are adhered to, it is hereby determined that a comprehensive review of site, building and development plans for multifamily, commercial, industrial, and institutional developments shall be made by the planning commission and approved by the city council prior to the issuance of any building permits by the building official pursuant to the procedures established by this section.

(Ord. No. 62-14, § 1, 7-17-2006)

All multifamily residential, commercial, industrial, and institutional development or redevelopment projects in the city involving:

(1)

Erecting of a building or buildings;

(2)

Moving of a building or buildings to a location or locations within the city;

(3)

Changing the use of a building or parcel of land where the proposed change may result in change of traffic patterns, parking, or compatibility of land use;

(4)

Modifying, enlarging, or constructing an addition to an existing building or buildings;

(5)

Accessory site improvements and/or land features of a parcel of land that result in the need for additional parking; or

(6)

Grading, site preparation, and removal or placement of soils, rock and concrete material require the submission of detailed site and building plans to the city for review and approval. No building permit will be issued by the city until complete plans as required by this section have been submitted by the applicant and reviewed and approved by the city. No certificate of occupancy will be issued by the city unless the project has been constructed in complete accordance with site and building plans approved by the city.

(Ord. No. 62-14, § 1, 7-17-2006)

The following shall be excepted from the foregoing site and building plan review and approval requirements:

(1)

Detached single-family residential structures, or uses or structures accessory thereto.

(2)

Modifications, additions, or enlargements of existing structures which do not increase the gross floor area of the building by more than ten percent and which do not require a variance from the provisions of this zoning chapter may, at the discretion of the city administrator, be exempted from some, or all, of the procedures for building and site plan approval contained in this section. In such case, an administrative site plan review shall be performed and documentation of any such exceptions to the site and building plan review and approval requirements will be placed in the property file. The city may require such improvements as it deems necessary to meet the intent and standards of this article and to maintain or improve the quality of the existing site plan.

(3)

Changes in the use of leasable space in single or multi-tenant buildings where the change of tenant does not intensify the use of such space, require additional parking, or result in an inability to maintain the required performance standards contained in article II.

(Ord. No. 62-14, § 1, 7-17-2006)

In making recommendations and decisions upon site and building plan review applications, the staff, planning commission and city council shall consider the compliance of such plans with the following standards:

(1)

Consistency with the various elements and objectives of the city's long-range plans, including, but not limited to, the comprehensive plan.

(2)

Consistency with the purposes of this chapter.

(3)

Site planning and design to create an attractive, functional site plan that complements surrounding uses and is consistent with the city's comprehensive plan objectives with respect to design, engineering, and architecture, including:

a.

Appropriateness of the materials, textures, colors, and details of construction of the project and the compatibility of the same with the adjacent and neighboring structures and functions.

b.

Adequacy of vehicular, cycling and pedestrian circulation (including walkways, interior drives and parking), in terms of:

1.

Location and number of access points to the public streets,

2.

Width of interior drives and access points,

3.

General interior circulation,

4.

Separation of pedestrian, cycling and vehicular traffic and

5.

Arrangement and amount of parking in order to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties.

(4)

Creation of an energy-conserving design through building design, location, orientation and elevation of structures, the use and location of glass in structures, the use of landscape materials, and site grading.

(5)

Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses.

(Ord. No. 62-14, § 1, 7-17-2006)

An application for site plan review shall be processed pursuant to the provisions outlined in section 42-141, except that no public hearing is required. Notice of city review of applications for site plan review will be sent to all property owners within 350 feet of subject property. The applicant must provide the city with documentation showing that the applicant has submitted any required applications to all other jurisdictions (i.e. watershed district, DNR, etc.) having permitting and approval authority over the proposed project.

(Ord. No. 62-14, § 1, 7-17-2006)

The information required for all site and building plan applications generally consists of the following items, and all information must be submitted unless expressly waived by the city council:

(1)

Certificate of survey, completed within five years and prepared by a registered land surveyor. Monuments must be placed on site to allow physical inspection.

(2)

Site plan, including the following:

a.

Name and address of developer/owner.

b.

Name and address of architect/designer.

c.

Date of plan preparation.

d.

Dates and description of all revisions.

e.

Name of project or development.

f.

A scaled plan or, for multifamily, institutional, commercial or industrial properties, a certificate of survey, depicting the following:

1.

Scale of plan (engineering scale only, at one inch equals 100 feet or less).

2.

North point indication.

3.

Lot dimension and area.

4.

Required and proposed setbacks.

5.

Location, setbacks and dimensions of all buildings on the lot including both existing and proposed structures.

6.

Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.

7.

Location, number, dimensions, and setbacks of existing and proposed parking spaces, including drive aisle width.

8.

Location, number, and dimensions of existing and proposed loading spaces.

9.

Location, width, and setbacks of all curb cuts and driveways.

10.

Vehicular circulation.

11.

Sidewalks, walkways, trails.

12.

Location of recreational and service areas.

13.

Location of rooftop equipment and screening.

14.

Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures.

15.

Location, sizing, and type of water and sewer system mains and proposed service connections.

16.

Location of ordinary high water level, if lot is riparian.

17.

Location of 100-year-flood elevation, if applicable.

18.

Snow storage or snow removal plans.

19.

Utility plans, including location of electrical, telephone, cable, satellite, fiber optic, or other utility equipment including switching or transformer equipment above and below ground.

(3)

Grading/stormwater drainage plan showing the following:

a.

Existing contours at two-foot intervals.

b.

Proposed grade elevations, two-foot maximum intervals.

c.

Drainage plan including configuration of drainage areas and calculations.

d.

Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

e.

Spot elevations.

f.

Proposed driveway grades.

g.

Surface water ponding and treatment areas.

h.

Erosion control measures.

i.

Location of ordinary high-water level if lot is riparian.

j.

Location of 100-year-flood elevation, if applicable.

k.

Location of any delineated wetlands, if applicable.

(4)

Landscape plan showing the following:

a.

Planting schedule or table containing the following:

1.

Symbols.

2.

Quantities.

3.

Common names.

4.

Botanical names.

5.

Sizes of plant material.

6.

Root specification (bare root, balled and burlapped, potted, etc.)

7.

Special planting instructions.

b.

Plans and elevation drawings showing location, type and size of all existing significant trees to be removed and/or preserved.

c.

Planting plan (showing all species to scale at normal mature crown diameter or spread for local hardiness zone).

d.

Planting detail (showing typical installation according to standard Minnesota Nursery Landscape Association planting practices).

e.

Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and other features.

f.

Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used.

g.

Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

h.

Delineation of both sodded and seeded areas with respective areas in square feet.

i.

Coverage plan for underground irrigation system, if any.

j.

Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross-through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

k.

Other existing or proposed conditions which could be expected to affect landscaping.

l.

Snow storage areas.

(5)

Construction staging and construction hazard/nuisance mitigation plan addressing traffic, safety, and nuisance issues created by construction activities as established in section 42-74.

(6)

Lighting plan, including the following:

a.

Site plans indicating the location of all illuminating devices, fixtures, lamps, supports, reflectors and other lighting devices.

b.

Description of the type of illuminating devices, fixtures, lamps, supports, reflectors and other lighting devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required).

c.

Photometric plans illustrating the angle of the cutoff or light emissions, and illumination field of the proposed site lighting.

(7)

building plans, including the following:

a.

Architectural elevations of all principal and accessory buildings, including photos if applicable, showing type, color, and materials used in all external surfaces.

b.

"Typical" floor plan and "typical" room plan drawn to scale with a summary of square footage for each use or activity.

c.

Material specification including color for all exterior materials.

d.

Roofline details, including any equipment or building elements extending above the roofline, including but not limited to vents, antennae, HVAC units, or other equipment.

(8)

Other plans and information as follows:

a.

Legal description of property under consideration.

b.

Fire protection plan.

c.

Type, location and size (area and height) of all permanent signs to be erected upon the property. A sign permit shall be required for all signs.

d.

Sound source control plan.

(Ord. No. 62-14, § 1, 7-17-2006)

The city council may waive any of the required submission requirements upon presentation of information that demonstrates unique conditions of the site, construction operation, or size of project. All information is required unless waived by the city council.

(Ord. No. 62-14, § 1, 7-17-2006)

The review and approval of site improvements for compliance with the requirements of the city-adopted building and fire codes is in addition to the site plan review process established under this division. The site plan approval process does not imply compliance with the requirements of the building and fire codes.

(Ord. No. 62-14, § 1, 7-17-2006)

All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without council approval.

(Ord. No. 62-14, § 1, 7-17-2006)

If any changes are proposed with respect to an approved site plan, an amended site plan describing the changes must be applied for and processed in a manner similar to that required for a new site plan pursuant to this division.

(Ord. No. 62-14, § 1, 7-17-2006)

The zoning administrator and/or building official shall have the authority to order the stopping of any and all site improvement activities, when and where there is probable cause to believe a violation of the provisions of this chapter have occurred. The stop order shall remain in effect until the violation has been rectified. Failure to comply with the provisions of this chapter shall result in the penalties as described in article VII.

(Ord. No. 62-14, § 1, 7-17-2006)

The purpose of the procedures set out in this division is to provide the city with a reasonable opportunity to protect and preserve the general welfare and the public health and safety by requiring a showing by each applicant for a conditional use permit or amendment that:

(1)

The standards set forth in this chapter will be, at all times, complied with.

(2)

The proposed use presents no unreasonable hazard to the surrounding area and community as a whole.

(3)

Specific problems with the proposed location of the use, as set forth in any staff review or technical assistance report, will be overcome.

(4)

The proposed use is compatible with present and future land uses of the area where the use is proposed to be located.

(5)

There will be no significant negative impact on the peaceful and quiet enjoyment of surrounding property.

(Ord. No. 62, § 6(Subd. A), 9-13-1993)

(a)

Application. Requests for amendments or conditional use permits as provided within this chapter, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee as provided for by city council resolution. This fee shall not be refunded. Such application shall also be accompanied by three copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a mailing list of property owners located within 350 feet of the subject property obtained from and certified by the city.

(b)

Staff review/technical assistance reports. Upon receipt of an application for an amendment or a conditional use permit, the zoning administrator shall, when deemed necessary, refer the request to appropriate staff to ensure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. also, when deemed necessary, the zoning administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the planning commission and city council.

(c)

Public hearing. Upon official submission of the request, the zoning administrator shall set a public hearing on the request for the next regularly scheduled planning commission meeting occurring no more than 30 days and no less than ten days from the date that a notice of the hearing is published in the official newspaper. Such notice shall contain a legal property description and a description of the request. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 35 feet of the boundary of the property in question. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

(d)

Information requirement. The information required for all amendment and conditional use permit applications shall consist, without limitations, of the following items and shall be submitted when requested by the city:

(1)

Site development plan, which shall include:

a.

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

b.

Location and number of existing and proposed curb cuts, driveways, and parking spaces.

c.

Vehicular circulation.

d.

Architectural elevations (type and materials used in all external surfaces).

e.

Location of all lights.

f.

Location of ordinary high-water level.

(2)

Dimension plan, which shall include:

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 proposed to be located on the property in question.

e.

Sanitary sewer and water plan with estimated use per day.

(3)

Grading plan, which shall include:

a.

Existing contour.

b.

Proposed grading elevations.

c.

Drainage configuration.

d.

Storm sewer catch basins and ponding areas.

e.

Spot elevations.

f.

Proposed road profile.

g.

Location of utilities.

(4)

Landscape plan, which shall include:

a.

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

b.

Location, type and diameter of all proposed plantings.

(5)

Legal description of the property under consideration and certificate of survey.

(6)

Proof of ownership or legal control of the land for which an amendment or a conditional use permit is requested.

(Ord. No. 62, § 6(Subd. B), 9-13-1993)

Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established community-wide. The following additional evaluation criteria and conditions apply within shoreland areas:

(1)

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

a.

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

b.

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

c.

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

(2)

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

a.

Increased setbacks from the ordinary high-water level.

b.

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

c.

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

(3)

Notifications to the department of natural resources.

a.

Copies of all notices of any public hearings to consider amendments, or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

b.

A copy of approved amendments and subdivisions/plats, and final decisions granting conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

(Ord. No. 62, § 6(Subd. C), 9-13-1993)

The planning commission shall conduct the public hearing at which the applicant or a representative thereof shall appear to answer questions concerning the proposed request.

(1)

The planning commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgement shall be based upon the factors set forth in section 42-140.

(2)

The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational and/or design characteristics of the proposed structure or use or to elicit expert testimony at the expense of the applicant concerning operational or structural characteristics, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.

(3)

The planning commission shall make a written 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 written finding and recommendation shall be accompanied by any report and recommendation prepared by the city staff. The written recommendation of the planning commission shall be forwarded to the zoning administrator for referral to the city council within 30 days of the close of the public hearing.

(Ord. No. 62, § 6(Subd. D), 9-13-1993; Ord. No. 11-07, § 2, 12-19-2011)

Upon receipt of the planning commission report and recommendation, or within 30 days of the closing of the public hearing by the planning commission, the zoning administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the city council.

(Ord. No. 62, § 6(Subd. E), 9-13-1993)

Upon receiving a request and any report and recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary and shall in such event make a recorded finding of fact. If no public hearing is held, the city council's action shall be based upon such findings of the planning commission as are adopted by the city council.

(1)

Approval of a proposed amendment (text or map) to the zoning ordinance shall require a majority vote of all members of the city council except that the adoption or amendment of any portion of the 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 vote of all members of the city council.

(2)

A proposed conditional use permit shall require approval by a majority vote of all members of the city council.

(3)

In the case of a conditional use permit, the council may impose any condition it considers necessary to protect public health, safety, and welfare.

(4)

In the case of an amendment, the amendment shall not become effective until such time as the city council approves an ordinance reflecting said amendment and said ordinance is published in the official newspaper.

(5)

Whenever an application for an amendment or conditional use permit has been considered and denied by the city council, a similar amendment or conditional 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 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 two-thirds vote of the full city council.

(Ord. No. 62, § 6(Subd. F), 9-13-1993; Ord. No. 11-07, § 3, 12-19-2011)

The city council or planning commission may upon their own motion initiate a request to amend the text or the district boundaries set by 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 the said real estate.

(Ord. No. 62, § 6(Subd. G), 9-13-1993)

Whenever within one year after granting 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 zoning administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete 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. The granting of such a petition shall require a four-fifths vote.

(Ord. No. 62, § 6(Subd. H), 9-13-1993)

The purpose of this section is to provide for:

(1)

An appeal process where it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer of the city in the enforcement of this chapter; and

(2)

Variances from the requirements of this chapter, the Zoning/Shoreland Ordinance. A variance is a change or modification of the provisions of the zoning ordinance as applied to a specific property.

(Ord. No. 62, § 7(Subd. A), 9-13-1993; Ord. No. 13-01, § 3, 3-18-2013)

(a)

In considering any request for a variance and in taking subsequent action, planning commission and the city council, serving as the board of adjustment and appeals, shall make a finding of fact that the granting of such variance will not:

(1)

Impair an adequate supply of light and air to adjacent property.

(2)

Unreasonably increase the congestion in the public streets.

(3)

Increase the danger of fire or endanger the public safety.

(4)

Unreasonably diminish or impair established property values within the neighborhood, or in any other way be contrary to the intent of this chapter.

(5)

Violate the intent and purpose of the city comprehensive plan.

(b)

A variance from the requirements of this chapter shall be permitted only when:

(1)

The requested variance is in harmony with the general purposes and intent of the zoning ordinance; and

(2)

The requested variance is consistent with the city's comprehensive plan.

(c)

No variance shall be granted that would allow any use that is not permitted in the zoning district in which the subject property is located.

(d)

A variance may be granted when the applicant establishes that there are practical difficulties in complying with the zoning ordinance without a variance. As used in connection with the granting of a variance, the term "practical difficulties" means that:

(1)

The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;

(2)

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

(3)

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

Economic considerations alone do not constitute practical difficulties.

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

(e)

A variance application shall set forth the reasons for the requested variance, including:

(1)

The unique circumstances of the property, such as topography, lot size or shape, or water conditions, which cause practical difficulties in the reasonable use of the property; and

(2)

The requested variance is the minimum variance from the zoning ordinance required to make reasonable use of the property.

(f)

Conditions may be imposed on the granting of a variance, provided the conditions are directly related to the impact created by the variance and bear a rough proportionality to the impact created by the variance.

(g)

Variances shall be granted for earth sheltered construction as defined in Minn. Stat. § 216.06, subdivision 14, when in harmony with the zoning ordinance and other official controls.

(Ord. No. 62, § 7(Subd. B), 9-13-1993; Ord. No. 13-01, § 4, 3-18-2013)

(a)

Application. Appeals or requests for variances, as provided within this chapter, shall be filed with the zoning administrator on an official application form. Such applications shall be accompanied by a fee as provided for by city council resolution. This fee shall not be refunded. Such application shall also be accompanied by three copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a mailing list of property owners located within 350 feet of the subject property obtained from and certified by the city.

(b)

Staff review/technical assistance reports. Upon receipt of an application for appeal or variance, the zoning administrator shall, when deemed necessary, refer the request to appropriate staff to ensure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the zoning administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request or appeal to the planning commission and city council.

(c)

Public hearing. Upon official submission of the request or appeal, the city clerk shall set a public hearing for the next regularly scheduled planning commission meeting occurring at least ten working days from such date as a notice of the hearing is published in the official newspaper. Such notice shall contain a legal property description, street address and description of the request or appeal, and shall be published no more than 30 days and no less than ten days prior to the hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 350 feet of the boundary of the property in question. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

(d)

Planning commission action. The planning commission shall conduct the public hearing at which time the applicant or a representative thereof shall appear to answer questions concerning the request or appeal.

(1)

The planning commission shall consider possible adverse effects of the appeal or variance. In the case of a variance request, the planning commission's judgment shall be based upon (but not limited to) the conditions set forth in section 42-166.

(2)

The planning commission and city staff shall have the authority to request any additional information from the applicant deemed necessary to establish performance conditions pertaining to the request.

(3)

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 the chapter. Such recommendation shall be in writing and accompanied by any report and recommendation of the city staff. The written documentation of the planning commission shall be forwarded to the zoning administrator for referral to the city council within 30 days of the closing of the public hearing.

(e)

Referral to city council. Upon receipt of the planning commission report and recommendation, or within 30 days of the closing of the public hearing by the planning commission, the zoning administrator shall place the request or appeal and any report or recommendation on the agenda of the next regularly scheduled meeting of the city council.

(f)

City council action. Upon receiving the request or appeal and any report or recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact.

(1)

Approval of a variance request or an appeal shall require passage by a majority vote of all members of the city council.

(2)

The council may impose any conditions upon a variance it considers necessary to protect the public health, safety and welfare, provided that the conditions are directly related to the impact created by the variance and bear a rough proportionality to the impact created by the variance.

(3)

Whenever an application for a variance has been considered and denied by the council, an application for a similar variance 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.

(4)

The city council, serving as the board of adjustment and appeals, shall, after receiving the written report and recommendation of the planning commission and the city staff, make a finding of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision or determination made by the zoning administrator, building official, or city engineer in the enforcement of this chapter. However, said appeal shall be timely only if filed within 90 days of the date on which written notice of the zoning administrator's order, requirement, decision, or determination is mailed to the applicant.

(g)

Notifications to the department of natural resources.

(1)

Copies of all notices of public hearings to consider variances or appeals which directly impact the lakeshore environment under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(2)

A copy of approved amendments and subdivisions/plats, and final decisions granting variances under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action.

(Ord. No. 62, § 7(Subd. C), 9-13-1993; Ord. No. 11-07, § 4, 12-19-2011; Ord. No. 13-01, § 5, 3-18-2013)

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 30 days before the expiration of the original variance or appeal. 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 variance or appeal. Such petition shall be presented to the planning commission for a recommendation to the city council for a decision.

(Ord. No. 62, § 7(Subd. D), 9-13-1993)

In addition to the other plan requirements outlined in this chapter, three copies of the site and construction plans prepared by a registered professional will be required and shall be submitted to and approved by the building official and the zoning administrator prior to the issuance of any building permit. The information required for the site review generally consists of the following items and shall be submitted when requested by the city:

(1)

Site plan, which shall include:

a.

Graphic scale.

b.

North arrow.

c.

Lot dimensions and square footage.

d.

Location and dimensions of all buildings on lots including both existing and proposed structures.

e.

Existing and proposed setbacks of all buildings located or proposed to be located on property in question.

f.

Location and number of existing and proposed parking spaces, curb cuts, and driveways.

g.

Vehicular circulation.

h.

Architectural elevations.

i.

Location of all existing trees and indication of which trees will be removed.

j.

Location of all utilities.

k.

Location of ordinary high-water level.

l.

Amount of impervious surface area and open/green space.

(2)

Grading plan, which shall include:

a.

Existing contours two-foot intervals.

b.

Proposed grading elevations.

c.

Drainage configuration.

d.

Storm sewer catch basins and ponding areas.

f.

Any additional information required by the Minnehaha Creek Watershed District.

(3)

Site plan should indicate the variance that is being requested.

(4)

Proof of ownership or legal control of the property.

(5)

A current certificate of survey with a legal description.

(Ord. No. 62, § 7(Subd. E), 9-13-1993)

The purpose and intent of allowing interim uses is:

(1)

To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

(2)

To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

(3)

To allow a use which is reflective of anticipated long range change to an area, and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

(Ord. No. 20-04, § 2, 12-21-2020)

Uses defined as interim uses within a respective zoning district shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by section 42-141 of this chapter.

(Ord. No. 20-04, § 2, 12-21-2020)

Interim uses shall comply with the following:

(1)

The standards of a conditional use permit set forth in section 42-141 of this chapter shall be satisfied.

(2)

The use shall conform to the applicable performance standards of this chapter.

(3)

The use shall be listed as an allowed interim use in the respective zoning district.

(4)

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

(5)

The use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

(6)

The user agrees to any conditions that the city council deem appropriate for permission of the interim use.

(Ord. No. 20-04, § 2, 12-21-2020)

An interim use shall terminate on the happening of any of the following events, whichever first occurs:

(1)

The date or event stated in the interim use permit.

(2)

Upon violation of conditions under which the interim use permit was issued.

(3)

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

(4)

The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(Ord. No. 20-04, § 2, 12-21-2020)

If an approved interim use is in violation of this chapter or the conditions of the interim use permit approval, the city may initiate a process to revoke the interim use permit. The city will conduct a public hearing to consider the revocation of an interim use permit and will mail and publish notice of the hearing according to section 42-141. The public hearing shall be conducted by the planning commission, which shall make a recommendation to the city council. In considering revocation, the planning commission and the city council shall consider compliance with the approved conditions of the interim use permit and the standards listed in section 42-141.

(Ord. No. 20-04, § 2, 12-21-2020)

No building or structure hereafter erected or moved, or that portion of an existing structure or building 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 of this chapter. Said certificate 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.

(Ord. No. 62, § 9(Subd. A), 9-13-1993)

As-built surveys shall be furnished to the city for all required improvements by the developer, builder, or homeowner upon their completion and prior to a certificate of occupancy for each home, structure, building remodel, addition, or rebuild. Such as-built surveys shall be certified to be true and accurate by the registered engineer responsible for the installation of improvements. As-built surveys shall include the following:

(1)

Shall certify the final topography of the site.

(2)

Shall verify the drainage patterns existing upon completion of work.

(3)

Shall include calculations of setback information for all structures and hard surfaces/groundcover.

(4)

As-built surveys must be approved prior to placement of trees, sod, and lawn irrigation systems.

(5)

Shall include any additional information needed by the city to ensure compliance with code.

(Ord. No. 24-01, § 1, 4-15-2024)