The Council shall appoint the city’s Zoning Administrator as the City Clerk or their designee and shall:

   (A)   Enforce this chapter;

   (B)   Issue building permits and make and maintain records thereof;

   (C)   Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter;

   (D)   Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, and special uses, variances, appeals and applications therefore;

   (E)   Receive, file and forward all applications for appeals, variances, special uses or other matters to the designated official bodies;

   (F)   Institute in the name of the city any appropriate actions or proceedings against a violator as provided for;

   (G)   Serve as an ex-officio non-voting member of the Planning Commission;

   (H)   Any other duties relating to the purposes of this chapter or related ordinances which may be delegated by the Council.

   Hereafter, no person shall erect, alter, or move any building or part thereof without first securing a building permit therefore.

(Prior Code, § 908.02)

   (B)   Powers and duties. The Board shall have the power and duties as are given it by state law, including that of hearing appeals or requests on the following cases:

      (1)   Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter;

      (2)   Requests for variances from the literal provisions of this chapter in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration;

      (3)   Appeals from any action of the Zoning Administrator in denying or granting a building permit.

   (C)   Public hearing. Within 60 days after filing of a request for variance or an appeal from an administrative order or determination, the Board shall hold a hearing thereon and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notices of any hearing shall be mailed not less than 10 days before the date of the hearing to the person or persons who file an appeal or request, and in the case of a request for a variance to each owner of property situated wholly or partially within 300 feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the Board from records available. Within a reasonable time after the hearing the Board shall make its recommendations to the Council. The Council shall make the final decision. Recommendations of the Board are advisory to the Council.

   (D)   Records. The Board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including its recommendation. The Clerk shall maintain a permanent record of the disposition of all appeals and requests for variances.

   (E)   Conditions. The Board may recommend the imposition of conditions to insure compliance and to protect adjacent properties. The Board may not recommend as a variance any use that is not permitted under this chapter for the property in the zone where the affected person's land is located.

   (F)   Appeal. Any person or persons jointly or severally aggrieved by any decision of the Council may appeal to the District Court as provided by law. The appeal shall be heard and determined by the court without a jury.

(Prior Code, § 908.03) (Am. Ord. 2011-8-1, passed 8-9-2011)

      (1)   Variances shall only be permitted when they are in harmony with the general purposes and intent of this zoning code.

      (2)   Variances shall only be permitted when consistent with the comprehensive plan.

      (3)   Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code.

         (a)   “Practical difficulties” shall mean that the property owner proposes to use the property in a reasonable manner not permitted by the zoning code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality.

         (b)   Economic considerations alone do not constitute practical difficulties.

      (4)   The Board of Zoning Adjustment may not permit as a variance any use that is not allowed under the zoning code for property in the zone where the land is located.

      (5)   The Board of Zoning Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

      (1)   A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements and applicable provisions relating to the request will be reviewed and explained.

      (2)   Request 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 set forth in the current city fee schedule. This fee shall not be refunded.

      (3)   The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:

         (a)   A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section; and

         (b)   Supporting materials, as outlined in § 153.192, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.

      (4)   Upon receipt of a complete application, as determined by the Zoning Administrator, the City Clerk shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the Board. Notice of the hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of said hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question.

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

      (6)   The Zoning 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 Board.

      (7)   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. The information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter to ensure compliance with and to protect adjacent properties and the public interest. Failure of the applicant to supply all necessary supportive information may be grounds for denial of the request.

      (8)   The Planning Commission shall make findings of fact and recommend approval or denial of the request. The Commission’s recommendation and the city staff’s report shall be presented to the Board, and shall be entered in and made part of the permanent written record of the Board meeting.

      (9)   The Board shall not act upon the variance until the Planning Commission has held a public hearing on the request. The Board shall act upon the request within 60 days from the date of submission, unless an extension has been provided, pursuant to M.S. § 15.99.

      (10)   Subject to limitations of M.S. § 15.99, if, upon receiving the reports and recommendations of the Planning Commission and city staff, the Board finds that specific inconsistencies exist in the review process and thus the final determination of the Board may differ from that of the Planning Commission, the Board may, before taking final action, refer the matter back to the Planning Commission for further consideration. The Board shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

      (11)   In granting any variance under the provisions of this section, the Board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare.

      (12)   Approval of a request shall require passage by a majority vote of the City Council.

      (13)   The Zoning Administrator shall keep a record of applications and variances and the Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. A certified copy of any approved variances shall be filed with the County Recorder.

      (14)   Whenever an application for a variance has been considered and denied by the Board, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or Board for at least 6 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 Board for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by a two-thirds vote of the full Board.

         (a)   A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements, and applicable provisions relating to the request will be reviewed and explained.

         (b)   Request for conditional use permit, as provided in this title, shall be filed with the City Clerk on an official application form. Unless modified by the City Clerk, such application shall be accompanied by a fee as set forth in the current city fee schedule. Supporting materials, as outlined in § 153.192, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the City Clerk shall notify the applicant, in writing, within 10 days of the date of submission.

         (c)   Upon receipt of said application, the City Clerk shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of said hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question.

         (d)   Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this section.

         (e)   The City Clerk 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.

         (f)   The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City Council within the guidelines as mandated by state statutes. At a minimum, the Planning Commission, in its judgment, shall consider at a minimum the following standards as it would apply to the particular use at the proposed location.

            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 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 the city code.

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

            5.   Traffic generation by the proposed use is within capabilities of streets serving the property.

         (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. This information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

         (h)   The Planning Commission shall make findings 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 title. The recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the City Council meeting.

         (i)   The City Council shall not grant a conditional use permit until the Planning Commission has held a public hearing on the request. The City Council shall act upon the conditional use permit within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to M.S. § 15.99.

         (j)   Upon receiving the 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, shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

         (k)   Subject to limitations of M.S. § 15.99, if, upon receiving the report 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 may 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 one time on a singular action.

         (l)   Approval of a request shall require passage by a majority vote of the City Council.

         (m)   The City Clerk shall keep a record of applications and conditional use permits. A certified copy of any approved conditional use permit shall be filed with the County Recorder.

         (n)   Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least 6 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 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than 2/3 vote of the full City Council.

         (a)   The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.

         (b)   The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with this section.

         (c)   If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

         (d)   Adequate off-street parking and off-street loading shall be provided in compliance with this section.

         (e)   Loading areas and drive-thru facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with this section.

         (f)   Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with this section.

         (g)   General site screening and landscaping shall be provided in compliance with this section.

         (h)   All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts, and shall be in compliance with this section.

         (i)   Potential exterior noise and odor generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with Chapters 95 and 153 of the city code.

         (j)   The site drainage system as well as availability and compatibility of utilities shall be subject to the review and approval of the City Engineer.

         (k)   The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment in accordance with this section.

         (l)   Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with this section.

         (m)   All signs and informational or visual communication devices shall be in compliance with this section.

         (n)   The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.

         (o)   Any applicable business licenses mandated by this code are approved and obtained.

         (p)   The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.

         (q)   The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any non-conformity shall be eliminated.

         (r)   All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

      (8)   Site improvement performance agreement and financial guarantee. Prior to City Council consideration of a conditional use permit request, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in this chapter.

      (1)   The Council shall consider the advice and recommendation of the Planning Commission and the effects of due proposed use upon the health, safety, and welfare of the city and of the occupants of the immediate neighborhood. Should the Council find that the proposed use when conducted under the specified conditions will be detrimental to the health, safety, or general welfare, they may grant a conditional use permit specifying the conditions for location and use requested. The Council may also attach additional conditions as deemed necessary to the permit, to reflect any conditions peculiar to the site in question.

      (2)   Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.

      (3)   A periodic review of the permit and its conditions shall be maintained. The permit shall be issued for a particular user and not for a particular person or firm.

      (1)   To allow a use for a temporary 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 to 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.

      (1)   The use will conform to the applicable general performance standards of this section.

      (2)   The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare.

      (3)   The proposed use will not create an excessive burden on parks, streets, and other public facilities.

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

      (5)   The use will not impose additional unreasonable costs to the public.

      (6)   The user agrees to any conditions that the City Council deems appropriate for permission of the use.

      (1)   The date or event stated in the permit.

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

      (3)   Upon change in the city’s zoning regulations rendering the use nonconforming.

      (1)   A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements and applicable provisions relating to the request will be reviewed and explained.

      (2)   Request for amendments (text and map) shall be filed with the City Clerk on an official application form. Such application shall be accompanied by a fee as set forth in the current city fee schedule. Supporting materials, as outlined in § 153.192, as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request. The request shall be considered as being officially submitted when all the information requirements are complied with as determined by the City Clerk. In cases when an application is judged to be incomplete, the City Clerk shall notify the applicant, in writing, within 10 days from the date of submission.

      (3)   Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the City Clerk, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request and a general description of the property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of the hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question, if notification is required by state statute.

      (4)   Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this title.

      (5)   The City Clerk shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of action to the City Council.

      (6)   The Planning Commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:

         (a)   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 Plan.

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

         (c)   The proposed use conforms with all performance standards contained in this code.

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

         (e)   Traffic generation by the proposed use is within capabilities of streets serving the property.

      (7)   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. This information is to be declared necessary to establish performance conditions in relation to all pertinent chapters of this title. Failure on the part of the applicant to apply all necessary supportive information may be grounds for denial of the request.

      (8)   The Planning Commission shall, as appropriate, make findings of fact and shall recommend approval or denial of the request. The recommendation shall be accompanied by the report and recommendation of the city staff.

      (9)   The City Council shall not act upon an amendment until the Planning Commission has held a public hearing on the request. The City Council shall act upon the amendment within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to M.S. § 15.99.

      (10)   Subject to limitations of M.S. § 15.99, 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 may 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 1 time on a singular action.

      (11)   Approval of an amendment shall require a majority vote of all members of the City Council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a 2/3 majority vote of all members of the City Council.

      (12)   The amendment shall not become effective until such time as the City Council approves an ordinance reflecting the amendment and the ordinance is published in the official newspaper.

      (13)   Whenever an application for an amendment has been considered and denied by the City Council, a similar application for the amendment affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least 6 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 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than 2/3 majority vote of the full City Council.

   The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the Zoning Administrator. Applications shall be accompanied by two standard plat sizes measuring 20 x 30 and two 11 x 17 copies, mylar (in case of final plat), and digital file.

   (A)   Site boundaries, buildings, structures and other improvements shall be identified on-site with a certificate of survey, prepared and signed by a Minnesota licensed land surveyor. The certificate of survey shall have been signed and prepared within the last 10 years from the date of submittal, unless the property pins are not found and established, in which case a new certificate of survey shall be required, depicting the following:

      (1)   Scale of plan (engineering scale only, at 1 inch equals 50 feet (1" = 50') or less;

      (2)   North point indication;

      (3)   Existing boundaries with lot dimension and area;

      (4)   Existing site improvements;

      (5)   All encroachments;

      (6)   Easements of record;

      (7)   Legal description of the property; and

      (8)   Ponds, lakes, springs, rivers, delineated wetlands or other waterways bordering on or running through the subject property.

   (B)   A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

      (1)   Name and address of developer/owner;

      (2)   Name and address of architect/designer;

      (3)   Date of plan preparation;

      (4)   Dates and description of all revisions;

      (5)   Name of project or development; and

      (6)   All proposed improvements, including:

         (a)   Required and proposed setbacks;

         (b)   Location, setback and dimensions of all proposed buildings and structures;

         (c)   Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question;

         (d)   Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles;

         (e)   Location, number, and dimensions of proposed loading spaces;

         (f)   Location, width, and setbacks of all curb cuts and driveways;

         (g)   Vehicular circulation;

         (h)   Sidewalks, walkways, trails;

         (i)   Location and type of all proposed lighting, including details of all proposed fixtures;

         (j)   Location of recreation and service areas;

         (k)   Location of rooftop equipment, exterior heating, ventilation and air conditioning equipment and proposed screening;

         (l)   Provisions for outdoor storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures;

         (m)   Location, sizing, and type of water and sewer system mains and proposed service connections; and

         (n)   Location of proposed fire lanes and fire hydrants.

   (C)   Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

      (1)   Existing contours a t2-foot intervals (may be prepared by a Minnesota licensed surveyor);

      (2)   Proposed grade elevations at 2-foot maximum intervals;

      (3)   Drainage plan, including the configuration of drainage areas and calculations;

      (4)   Storm sewer, catch basins, invert elevations, type of castings, and type of materials;

      (5)   Spot elevations (may be prepared by a Minnesota licensed surveyor);

      (6)   Proposed driveway grades;

      (7)   Surface water ponding and treatment areas; and

      (8)   Erosion control measures.

   (D)   Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

      (1)   Planting schedule (table) containing:

         (a)   Symbols;

         (b)   Quantities;

         (c)   Common names.

         (d)   Botanical names;

         (e)   Sizes of plant material;

         (f)   Root specification (bare root, balled and burlapped, potted, and the like); and

         (g)   Special planting instructions;

      (2)   Location, type and size of all existing significant trees to be removed or preserved;

      (3)   Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone);

      (4)   Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like;

      (5)   Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used;

      (6)   Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques;

      (7)   Delineation of both sodded and seeded areas with respective areas in square feet;

      (8)   Coverage plan for underground irrigation system, if any;

      (9)   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; and

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

   (E)   Other plans and information as required by the Zoning Administrator including, but not limited to:

      (1)   Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces);

      (2)   “Typical” floor plan and “typical” room plan drawn to scale with a summary of square footage for each use or activity;

      (3)   Fire protection plan;

      (4)   The extent of any proposed modifications, if any, to land within any overlay districts of this chapter;

      (5)   Type, location and size (area and height) of all signs to be erected upon the property in question;

      (6)   Vicinity map showing the subject property in reference to nearby highways or major street intersections;

      (7)   Sound source control plan;

      (8)   Lighting plan;

      (9)   When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program; and

      (10)   If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant.

(Ord. 2011-8-1, passed 8-9-2011; Am. Ord. 2022-5-2, passed 5-10-2022) Penalty, see § 153.999

      (1)   Agricultural uses.

      (2)   Single-family detached dwellings.

      (3)   Two-family attached dwellings.

      (1)   Prior to the formulation of a site plan, applicants may present a sketch plan to the City Clerk prior to filing a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than 2 feet and may include the following:

         (a)   The proposed site with reference to existing development, topography, and drainage conditions on adjacent properties, at least to within 200 feet.

         (b)   Natural features.

         (c)   General location of existing and proposed structures including signs.

         (d)   Tentative access, circulation and street arrangements, both public and private.

         (e)   Amenities to be provided such as recreational areas, open space, walkways, landscaping, and the like.

         (f)   General location of parking areas.

         (g)   Proposed public sanitary sewer, water and storm drainage.

         (h)   A statement showing the proposed density of the project with the method of calculating the density also shown.

         (i)   The extent of any proposed modifications, if any, to land within any overlay districts as established by this section.

         (j)   Other items as may be deemed necessary by city staff.

      (2)   The City Clerk shall have the authority to refer the sketch plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the City Clerk, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.

      (6)   Technical reports. The City Clerk shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.

         (a)   Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

         (b)   Subject to limitations of M.S. § 15.99, if, upon receiving said report and recommendations of the Planning Commission and the city staff, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council may 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 1 time on a singular action.

         (a)   If forwarded by the City Clerk to the Planning Commission and City Council for review and approval, the site plan application shall require approval by a simple majority vote of the City Council.

         (b)   If reviewed by the City Clerk, the City Clerk shall reach a decision on the request within 60 days after the site plan was officially submitted. In addition to other plan requirements outlined in this title, site plans will be required and shall be submitted to and approved by the city prior to the issuance of any building or administrative permit.

      (11)   The City Clerk shall keep a record of applications and site plan approvals.

      (1)   Site boundaries, buildings, structures, and other improvements shall be identified on-site with a certificate of survey, prepared and signed by a Minnesota licensed land surveyor. The certificate of survey shall have been signed and prepared within the last 10 years from the date of submittal, unless the property pins are not found and established, in which case a new certificate of survey shall be required, depicting the following:

         (a)   Scale of plan (engineering scale only, at 1 inch equals 50 feet or less.)

         (b)   North point indication.

         (c)   Existing boundaries with lot dimension and area.

         (d)   Existing site improvements.

         (e)   All encroachments.

         (f)   Easements of record.

         (g)   Legal description of the property.

         (h)   Ponds, lakes, springs, river, delineated wetlands or other waterways bordering on or running through the subject property.

      (2)   A site plan utilizing a copy of the current certificate of survey as a case for the site in question, depicting 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)   All proposed improvements, including:

            1.   Required and proposed setbacks.

            2.   Location, setback and dimensions of all proposed buildings and structures.

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

            4.   Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles.

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

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

            7.   Vehicular circulation.

            8.   Sidewalks, walkways, trails.

            9.   Location and type of all proposed lighting, including details of all proposed fixtures.

            10.   Location of recreation and service areas.

            11.   Location of rooftop equipment, exterior heating, ventilation and air conditioning equipment and proposed screening.

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

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

            14.   Location of proposed fire lanes and fire hydrants.

      (3)   Grading/stormwater drainage plan, utilizing a copy of the current certificate of surveys as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following:

         (a)   Existing contours at 2 foot intervals (may be prepared by a Minnesota licensed surveyor).

         (b)   Proposed grade elevations at 2 foot maximum intervals.

         (c)   Drainage plan, including the configuration of drainage areas and calculations.

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

         (e)   Spot elevations (may be prepared by a Minnesota licensed surveyor).

         (f)   Proposed driveway grades.

         (g)   Surface water ponding and treatment areas.

         (h)   Erosion control measures.

      (4)   Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following:

         (a)   Planting schedule (table) containing:

            1.   Symbols.

            2.   Quantities.

            3.   Common names.

            4.   Botanical names.

            5.   Sizes of plant material.

            6.   Root specification (bare root, balled and burlapped, potted, and the like).

            7.   Special planting instructions.

         (b)   Location, type and size of all existing significant trees to be removed or preserved.

         (c)   Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

         (d)   Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

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

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

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

         (h)   Coverage plan for underground irrigation system, if any.

         (i)   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.

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

      (5)   Other plans and information as required by the City Clerk including, but not limited to:

         (a)   Architectural elevations of all principal and accessory buildings (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)   Fire protection plan.

         (d)   The extent of any proposed modifications, if any, to land within any overlay districts, as established by this section.

         (e)   Type, location and size (area and height) of all signs to be erected upon the property in question.

         (f)   Vicinity map showing the subject property in reference to nearby highways or major street intersections.

         (g)   Sound source control plan.

         (h)   Lighting plan.

         (i)   When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program.

         (j)   If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant.

      (6)   All subdivisions under this section shall comply with the sanitary sewer odor and corrosion control regulations as set forth in § 52.61 of this city code.

   (H)   Site improvement performance agreement and financial guarantee. Following the approval of the site plan review required by this chapter and before issuance of a building permit, the applicant, as determined to be necessary by the City Clerk, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in this chapter (Site Performance Agreement).

      (1)   Unless otherwise specified by the City Clerk, the site plan approval shall become null and void 1 year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this chapter.

      (2)   In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the City Clerk shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

      (3)   The request for an extension of site plan approval shall be determined by the City Clerk within 15 days from the receipt of a complete request.

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compliance with the conditions of the approval, the codes of the city and the provision of this title. The site performance agreement shall include, without limitation, the following items and conditions.

   (A)   The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the City Attorney and shall define the required work and reflect the terms of this section and the provisions of this title as to the required guarantee for the performance of the work by the applicant.

   (B)   The required work can include, but is not limited to, private exterior amenities such as landscaping, private driveways, parking areas, recreational fields, structures and buildings, drainage systems, water quality ponds, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan and reforestation plan, if applicable.

      (1)   Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the City Clerk.

      (2)   When any instrument submitted as a financial guarantee contains a provision for an automatic expiration date, after which the instrument may not be drawn upon, not withstanding the status of the site performance agreement or of the required work, the expiration date shall be October 31; further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least 60 days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 30 days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the City Clerk, another acceptable financial guarantee in the appropriate amount shall be submitted at least 30 days prior to the expiration. The term of any extension shall be approved by the City Clerk. Upon receipt of an acceptable substitute financial guarantee, the City Clerk may release the original guarantee.

      (3)   The amount of the financial guarantee shall be established by the City Clerk based upon an itemized estimate of the cost of all required work as provided by the applicant and reviewed by the City Clerk. A cash escrow or irrevocable letter of credit shall be in the amount of 125% of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the City Clerk.

      (4)   At the option of the city, the applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial

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guarantee for all other exterior amenities and improvements which comprise the work. All trees shall be warranted to be alive, of good quality, and disease free for 12 months from the time of planting. Any subsequent replacement shall be warranted for 12 months from the time of planting.

      (5)   The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the proposed improvements or development are completed and the City Clerk or Building Official has issued a certificate of occupancy indicating compliance with the application approval and Building Code of the city or a certificate of completion has been issued by the city. Once a certificate of occupancy or certificate of completion has been issued and all work has been accepted the financial guarantee shall be released or reduced as provided in this section.

   (D)   The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant, are in compliance with city requirements, and are approved by the city, the City Clerk may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one "winter season" which is defined for the purpose of this section as the period October 31 through April 30.

   (E)   The applicant shall notify the City Clerk in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the City Clerk shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a certificate of occupancy and/or certificate of completer which includes notice of the date of actual completion shall be given to the applicant and appropriate action to release or to reduce the amount of the financial guarantee shall be taken by the City Clerk.

   (F)   The applicant shall agree in writing to pay any and all reasonable attorney's fees, consultant fees and related costs incurred by the city to enforce the terms and conditions of any application approval or provisions of any performance agreement relating to said permits. The performance agreement shall also include additional standard conditions as approved from time to time by the City Council, as well as specific conditions related to the approval. This chapter is not a limitation on reasonable conditions to be included in any specific performance agreement.

   (G)   The applicant shall agree to indemnify and hold harmless the city, its agents, employees, representatives and consultants against any and all claims, demands, losses, damages, and expenses (including attorney's fees) arising out of, related to or resulting from the applicant's negligent or

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intentional acts, or any violation of any safety law, regulation or code in the implementation of the performance agreement, without regard to any inspection or review made or not made by the city, its agents, employees, representatives or consultants or failure to take any other prudent precaution.

(Ord. 2012-9-1, passed 9-11-2012)

   (D)   Cost recovery. In the event additional review by the city and its consultants is anticipated and/or needed during zoning application review and the city incurs professional fees such as administrative, legal, engineering, planning or any other cost, including but not limited to postage and publication expenses, the applicants shall reimburse the city for those fees. The city may require a cash escrow, irrevocable letter of credit or other financial instruments which provides equivalent assurance to the city and which are approved by the City Clerk according to this chapter for these costs prior to the final action on the zoning application review. Such cash escrow, irrevocable letter of credit or other financial instruments shall be in the form approved by the city or its representative according to this chapter. If the applicant fails to reimburse the city for costs associated with the zoning application review, the city shall have the authority to use the provisions of the M.S. Ch. 429, as amended, supplemented or replaced from time to time, to assess those costs against any property associated with the zoning application request, 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.

(Ord. 2012-9-1, passed 9-11-2012)

   (A)   This chapter shall be administered and enforced by the city. It shall be unlawful to violate a provision of this chapter. The city may institute in the name of the City of Stacy any appropriate actions or proceedings against a violator.

      (1)   Description of the violation that is taking place;

      (2)   A picture (if possible) of the violation that is taking place;

      (3)   Legal description (if available), location and/or address of the property at which the violation is taking place;

      (4)   Identification of the chapter and section of this chapter that is being violated;

      (5)   Date the violation was discovered;

      (6)   Steps necessary to correct the violation; and

      (7)   Deadline in which the violation must be corrected, which is at the discretion of the city, but which in no case may be longer than 30 days from the date the first notice was mailed, weather permitting.

      (6)   Assessment. The city shall have the authority to use the provisions of M.S. Chapter 429, as amended, supplemented or replaced from time to time, to assess charges against any property in violation of any of the provisions of this chapter 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.

(Ord. 2011-8-1, passed 8-9-2011; Am. Ord. 2020-11-2, passed 11-10-2020)