The purpose of this article is to establish the procedures to administer this chapter and to set forth the basic responsibilities for its administration.

(Code 1998, § 31-200)

(a)

Decision boards and officials. The following is established:

(1)

Community Development Director. In order to carry out the purposes of this chapter on a day-to-day basis, to aid in the enforcement of this chapter and to relieve the Planning Commission and City Council of certain routine and nonpolicy functions, there is established the position of Community Development Director.

(2)

Planning Commission. The Planning Commission is established by Section 4-27(1)g and the administration of the Planning Commission is according to Chapter 4, Article II, Division 7.

(3)

Heritage Preservation Commission. The Heritage Preservation Commission is established by Section 4-27(1)c and the administration of the Heritage Preservation Commission is according to Chapter 4, Article II, Division 3.

(4)

City Council. The City Council consists of five members elected by the citizens of the City.

(b)

Emergency situations.

(1)

Emergency permits. Where a permit is required as an emergency measure to protect life and property from imminent danger or to restore, repair or maintain public works, utilities or services during and immediately following a natural disaster or serious accident, any permit authorized by this chapter may be issued, provided that within three days of the disaster or discovery of danger an application is filed deciding the nature of the disaster and the type and location of work to be performed and that within 30 days a completed application for the necessary planning permit is filed.

(2)

Enforcement authority. The Community Development Director is authorized to enforce the provisions of this chapter in an emergency.

(c)

Violations. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor.

(Code 1998, § 31-201; Ord. No. 1113, § 3, 10-2-2018)

The following permits and actions are established in order to carry out the purposes and requirements of this chapter:

(1)

Comprehensive Plan amendment;

(2)

Conditional use permit;

(3)

Demolition permit;

(4)

Design review;

(5)

Heritage preservation use variance;

(6)

Interim use permit;

(7)

Planned unit development permit;

(8)

Sign design permit;

(9)

Site plan review;

(10)

Variance;

(11)

Zoning amendment text/map.

(Code 1998, § 31-202; Ord. No. 1081, § 1, 7-21-2015; Ord. No. 1169, § 3, 7-20-2021; Ord. No. 1175, § 2, 11-9-2021)

The State Environmental Review Program, (MERP), Minn. Stat. §§ 116D.04 and 116D.045 and Minn. R. 4410.0200 to 4410.7800 require environmental review of projects that require permit approval of the City. The intent of the process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to investigate potential adverse impacts. Each project is evaluated by the Community Development Director according to the MERP guidelines, and a determination is made whether environmental review is required.

(Code 1998, § 31-203)

(a)

Permit application.

(1)

Application fee. For purposes of reimbursing the City for administration of this chapter, the City will by ordinance, from time-to-time, fix the amount of fees and penalties to be charged for processing all applications and appeals.

(2)

Consultant and administrative fees.

a.

Definitions. The following words, terms and phrases, when used in this subsection (2), shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Consultant fees means any charges billed to the City for services performed by the City Planner, Engineer and Attorney, exclusive of services performed as part of the consultant's normal retainer or by special agreement between the City and its consultants.

Development means any rezoning, subdivision, conditional use permit variance, building addition, change in site plan, request forproject review, request for City assistance and requests for tax increment assistance.

b.

Establishment of fees. An owner that causes the City to expend monies for consultant fees associated with a development or proposed development shall reimburse the City for the fees.

c.

Deposit with City. When the expenditure of consultant fees is anticipated, the City may require the owner to deposit with the City, in advance, a sum equal to the estimated amount of fees.

d.

Unpaid fees. When any consultant fees are unpaid 30 days after notice given by the City, the fees and costs may be spread against the property in the development as a service charge and certified to the County for collection with the real estate taxes.

(3)

Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125 percent of the cost of construction. The City may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the State Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with Section 22-88(f)2.

(4)

Application submittal process. An application for a permit must be made by the property owner or authorized agent to the Community Development Director on forms prepared by the Community Development Director. The application must require the applicant to submit information necessary for adequate review.

(b)

Conditions of approval. Decision boards and officials established by Section 28-26(a) may require changes to applications and impose conditions of approval in any permit.

(c)

Public hearing.

(1)

Required. A public hearing is required for the following:

a.

Conditional use permit;

b.

Planned unit development;

c.

Variances;

d.

Heritage preservation use variance;

e.

Zoning text or map amendments;

f.

Interim use permit.

(2)

Notice of hearing. When a hearing is required, notice must be given not less than ten calendar days prior to the public hearing.

a.

Notice must be given by publication in a newspaper of general circulation and mailed by first class mail.

b.

Notification of first class mail shall be made to the following:

1.

All property owners within 350 feet of the periphery of the project site.

2.

Persons requesting notice of a specific project.

3.

Commissioner of the Department of Natural Resources and Executive Director of Minnesota/Wisconsin Boundary Area Commission, when required.

(3)

Continuance of hearing. A board or official on its own motion may continue a hearing from time to time. The applicant may request that their project be acted upon rather than continued.

(d)

Finding required. Prior to action on any permit application, a board or official shall make findings with respect to the manner in which the project conforms to the appropriate requirements as outlined in this chapter.

(e)

Board or official body with final authority in application approval. The following table indicates the decision-making body that can approve an application and the body to which an appeal can be made:

Public Hearing Requirements and Decision-Making Authority

Table Key and Notes:

CC - City Council.

CDD - Community Development Director.

PC - Planning Commission.

HPC - Heritage Preservation Commission.

(f)

Permit life cycle.

(1)

Lapse of permits. Each approved permit will lapse, expire and become null and void 12 months after the date on which it is approved unless the action permitted has been initiated. A lesser time may be specified as a condition of project approval. A permit may be extended for an additional period not to exceed one year by the board or official that approved the permit.

(2)

Revocation of permit. Where the conditions of approval of a permit have not been met or followed, notice must be given to the permittee of intention to revoke the permit at a hearing to be held not less than ten calendar days after the date of the notice. Following the hearing and if good cause exists, the City Council may revoke the permit.

(g)

Modification of permits. Modification of permits shall be as follows:

(1)

Minor modifications. The Community Development Director may modify conditions imposed on any permit at the request of the permit holder where evidence has been submitted that the requested modification:

a.

Will not significantly alter the permit; and

b.

Is made because of changed circumstances.

(2)

Major modifications. The Community Development Director must refer major modifications to the board or official body with final decision-making authority. Any requested modification that involves a major modification is considered to be any modification that consists of a significant increase in size or change in nature of a project. A public hearing must be held by the decision-making authority.

(h)

Application withdrawal. An application may be withdrawn by the applicant prior to final action. The withdrawal must be submitted by the applicant in writing. Withdrawal of an application will terminate all further action on the application.

(i)

Denial. When an application is denied, written findings with legally sufficient basis shall be adopted.

(j)

Resubmittal of denied application. When a permit is denied, no new application for the same or substantially the same project may be filed for a period of one year from the date of the denial.

(k)

Appeals. An applicant or any other interested person, dissatisfied with any action taken under the provisions of this chapter, may appeal the action and decision, as follows:

(1)

Filing of appeals. Appeals shall be filed in writing with the City Clerk within ten days following the date of action from which the appeal is taken. The appeal shall state the reasons for the appeal and be accompanied by the appropriate fee as established in the City's Fee Schedule.

(2)

Procedure for appeals.

a.

Appeals from a decision of the Community Development Director shall be heard by the Planning Commission.

b.

Appeals from a decision of the Planning Commission or the Heritage Preservation Commission shall be heard by the City Council.

c.

Appeals will be scheduled as soon as practical.

d.

Appeals shall be based on the record established when the original decision was made. It is not a public hearing.

e.

Any decision of the City Council shall be final.

(Code 1980, § 33.03; Code 1998, §§ 31-204, 31-217, 33-3; Ord. No. 1001, § 1, 10-28-2008; Ord. No. 1007, § 1(b), 4-21-2009; Ord. No. 1081, § 2, 7-21-2015; Ord. No. 1090, § 2, 2-7-2017; Ord. No. 1169, §§ 4, 5, 7-20-2021; Ord. No. 1175, § 3, 11-9-2021)

Amendment of the text of this chapter or the Zoning Map shall be according to the following:

(1)

Generally. The provisions or text of this chapter or the Zoning Map may be amended by the City Council, by ordinance when public necessity, the general community welfare and good zoning practice permit the amendment. All amendments to the Zoning Map must be in conformance with the Comprehensive Plan, adopted area or specific plans and other appropriate City policy.

(2)

Application. Amendments may be initiated by the City Council, the Planning Commission or the owner or authorized agent of the property.

(3)

Planning Commission hearing. A public hearing must be held by the Planning Commission on all proposed amendments. The Commission must forward a recommendation for approval, modified approval or denial to the City Council for final action.

(4)

Findings required. Prior to making a recommendation for approval or modified approval of a proposed amendment to the City Council, the Commission must first find that the public necessity, and the general community welfare are furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the Comprehensive Plan.

(5)

Findings required. Prior to the adoption of an ordinance amending any of the provisions of this chapter, the City Council must find that:

a.

The public necessity and the general community welfare warrant the adoption of the amendment; and

b.

The amendment is in general conformance with the principles and policies set forth in the Comprehensive Plan and any adopted area or specific plan.

(6)

Modification by City Council. Modification of proposed amendments by the City Council shall be as follows:

a.

Nonsubstantive changes. The City Council may modify any proposed amendment by making nonsubstantive changes in the wording of a proposed text amendment; or, in the case of a proposed Zoning Map amendment, by reducing the area involved or by adopting a more restrictive zoning classification. Prior to taking the action, the City Council may refer the proposed change to the Planning Commission which must report back to the City Council within 30 days after the date of the City Council referral or it will be deemed to have approved the proposed change.

b.

Substantive change. Any substantive change proposed by the City Council must be referred to the Planning Commission for a public hearing. The Commission must report to the City Council within 60 days of referral. Where action cannot be taken within 60 days by the Commission, it may request a longer period of time, and the City Council may grant an extension.

(Code 1998, § 31-205)

(a)

Comprehensive Plan amendment procedures. The Comprehensive Plan may be amended by the City Council according to procedures established for zoning text and map amendments.

(b)

Area plan. Area plans may be amended by the City Council according to the procedures established for zoning text and map amendments.

(Code 1998, § 31-206)

A conditional use permit shall require the following:

(1)

Purpose. The purpose of a permit is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner.

(2)

Scope. All conditional uses set forth in this chapter are subject to review and are declared to be of such unique and special character that it is impractical to include them as principal permitted uses or as accessory uses in any district.

(3)

Procedure. The Planning Commission shall hold a public hearing and make a recommendation to City Council on all conditional use permits. The City Council shall approve or deny the CUP.

(4)

Findings required. In approving a conditional use permit, it must be determined that:

a.

The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations;

b.

Any additional conditions necessary for the public interest have been imposed; and

c.

The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community.

(Code 1998, § 31-207; Ord. No. 1058, § 2, 2-5-2013; Ord. No. 1090, § 3, 2-7-2017)

(a)

Purpose/standards. In order to give flexibility to the district use regulations of this chapter, which is necessary to achieve the objectives of the comprehensive plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the comprehensive plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit.

(b)

Permit. The Planning Commission may grant an interim use permit for the interim use of property if:

(1)

The use conforms to the zoning regulations;

(2)

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

(3)

Permission of the use will not impose additional costs on the City if it is necessary for the City to take the property in the future; and

(4)

The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use.

(c)

Exhibits. The following exhibits shall be required:

(1)

Map or plat as listed on the application form;

(2)

Plans and drawings as listed on the application form; and

(3)

Other documents as requested by the City.

(d)

Hearings. The Planning Commission shall hold a public hearing on the application following notice of the time, place and purpose of the hearing published in the official newspaper of the City at least ten days prior to the day of the hearing. Following the public hearing, the Planning Commission shall approve or deny the application. If approved, the applicant shall sign the interim use permit agreeing to all terms and conditions therein.

(e)

Denial. The Planning Commission may deny an application for an interim use permit upon a written finding of legally sufficient reasons with a factual basis. No application for an interim use permit that has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the Planning Commission.

(f)

Lapse of interim use permit. An interim use permit shall lapse and become null and void three months following the date on which the interim use permit became effective if it is not in use.

(g)

Revocation/termination. A violation of any condition set forth in an interim use permit shall be a violation of this chapter and shall terminate the interim use permit.

(h)

Exceptions. Notwithstanding the provision of Subsection (d) of this section, an interim use shall not require a hearing before the Planning Commission and may be approved administratively by the community Development Director, provided that:

(1)

The application is a renewal of an interim use permit which was previously approved by the Planning Commission;

(2)

There have been no issues or violations with the existing interim use permit;

(3)

There are no substantial changes to the interim use permit as determined by the City Planner;

(4)

The Community Development Department has conducted an administrative review; and

(5)

The property owner on which the interim use permit is located is current on all City fees.

(Code 1998, § 31-207.1; Ord. No. 1187, § 1, 7-19-2022)

Variances shall require the following:

(1)

Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this chapter where, by reason of the exceptional physical characteristics of the property, the literal enforcement of the requirements of this chapter would cause practical difficulties for the landowner.

(2)

Applicability; general requirements. In no case may a variance be granted to permit a use or a density other than a use or density permitted in the district. Nonconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(3)

Procedure. A public hearing must be held by the Planning Commission.

(4)

Findings required. The Planning Commission may grant a variance, but only when all of the following conditions are found:

a.

The variance is in harmony with the general purposes and intent of this chapter.

b.

The variance is consistent with the Comprehensive Plan.

c.

The applicant for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means that all of the following must be found to apply:

1.

The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls;

2.

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

3.

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

Economic considerations alone do not constitute practical difficulties.

(5)

Precedents. A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits.

(Code 1998, § 31-208; Ord. No. 1042, § 1, 12-6-2011)

Heritage preservation use variances shall require the following:

(1)

Purpose. The purpose of the heritage preservation use variance is to allow for uses on heritage preservations sites, as defined in Chapter 4, Article II, Division 3, or those properties or buildings independently listed on the National Register of Historic Places that would otherwise be prohibited due to the current zoning classification, in an effort to preserve and promote the City's historic resources. Such authority for historic use variances is granted pursuant to Minn. Stat. § 471.193, subd. 3(6).

(2)

General provisions.

a.

A use variance shall only be granted to allow a use that is deemed by the Historic Preservation Committee to be similar to or less intense than the current or a former use of the property. The Planning Commission may recommend, and the Heritage Preservation Commission may add conditions to, the resolution approving a use variance to address the factors listed in Subsection (2)b of this section, or other additional factors that are reasonably necessary to fulfill the policies and purposes of the Heritage Preservation Commission identified in Section 4-80.

b.

In considering an application for a heritage preservation use variance under this section, the following factors shall be considered:

1.

The age, appearance, and structural integrity of the structure;

2.

The historical significance and previous use of the structure since its construction, and the desirability of maintaining its existence;

3.

The likelihood that the structure could be preserved and used in a manner conforming with the underlying zoning classification without the issuance of a use variance;

4.

The nature and extent of any rehabilitation planned for such structure and the likelihood that the same will enhance or diminish the historical significance of the structure;

5.

The likely impact of the proposed use on the health, safety, and comfort of the surrounding properties; and

6.

The number and nature of variances required for the proposed use.

c.

A property with an approved heritage preservation use variance shall not be rezoned to a zoning district that is incompatible with the existing zoning district or surrounding zoning districts, unless it is included in a rezoning amendment with surrounding properties.

d.

A property with an approved heritage preservation use variance is subject to the design permit review process in Chapter 4, Article II, Division 3 and Section 28-85.

(3)

Procedure. A public hearing must be held by the Planning Commission, who shall make a recommendation to the Heritage Preservation Commission.

(4)

Findings required. The Heritage Preservation Committee shall hold a hearing and may grant a heritage preservation use variance, but only if all of the following conditions are met:

a.

The structure has been accepted for registration on the national or state registers of historic places.

b.

The use variance is in harmony with the general policies and purposes of the Heritage Preservation Commission, Section 4-80;

c.

The use variance is consistent with the Comprehensive Plan's objectives as they relate to the preservation of historic properties;

d.

The proposed use is reasonable and compatible with the current or historic use of the property or is equal to or less intense than the current or historic use.

e.

The use variance, if granted, will not alter the essential character of the neighborhood or detrimentally impact the surrounding neighborhood.

(Code 1998, § 31-208.1; Ord. No. 1169, § 6, 7-20-2021)

(1)

Purpose. The purpose of the design review procedure is to ensure that building and site development is designed to complement the character and integrity of the City's traditional neighborhoods and commercial districts, including adjacent buildings, the streetscape, and the natural environment.

(2)

Procedure. A design review application is subject to the following procedure:

a.

Submission of application. Applicant shall submit a complete design review application accompanied by detailed plans including a site plan, building elevations and design details, application requirements established in adopted special design guidelines, and materials deemed necessary by the Community Development Department to evaluate the request.

b.

Heritage Preservation Commission (HPC) review. The HPC shall consider the application at a hearing and approve, approve with conditions or deny the application.

(3)

Design review standards. In making a determination whether to approve or deny an application for a design review, the Commission shall be guided by the following standards:

a.

Proposed alterations to a heritage preservation site shall conform to the Secretary of the Interior's Standards and Guidelines for Rehabilitation.

b.

Proposed alterations shall conform to Stillwater Design Guidelines and any applicable neighborhood studies officially adopted by the City Council.

c.

Proposed alterations shall conform to the existing primary and secondary structure setbacks and neighborhood street rhythm.

d.

The height, scale, mass and proportion of the proposed alterations, including façade openings and roof style, shall be compatible with the site and its surroundings.

e.

Proposed alterations shall have four-sided detailing and materials.

f.

The location, height and material of walls, fences, hedges, trees and screen plantings shall ensure compatibility with adjacent development and the environment and conceal areas, utility installations and other unsightly development.

g.

The appearance of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall be compatible with adjacent development.

h.

The HPC may include conditions in its decisions that it deems reasonable and necessary to carry out the intent of this chapter and this section. Upon findings by the HPC that the application, subject to conditions as it deems necessary, will meet the above criteria, secure the purpose of this chapter, the Comprehensive Plan, and heritage preservation ordinance in Chapter 4, Division 3, the HPC may approve the design. If findings are made that an application would violate the criteria of the Stillwater Design Guidelines or an applicable neighborhood study, the HPC must deny the application.

(4)

Findings required and criteria. The HPC shall make findings that the application meets each of the following criteria in order to approve a design review:

a.

The proposed building alteration or new construction, including its appurtenances, does not materially impair the architectural or historic integrity of the building and site, adjacent buildings and sites, or the neighborhood as a whole.

b.

If located in a historic district, the proposed building or site alteration or new construction is compatible with and will ensure continued significance and integrity of all properties within the historic district based on the periods of significance under which the district was designated.

c.

Granting the approval will be in keeping with the spirit and intent of this chapter and does not negatively alter the essential character and significance of the building, site, and its surroundings.

(5)

Modifications to designs. Modification of designs shall be as follows:

a.

Minor modifications. The Community Development Department may administratively approve modifications at the request of the design holder, where evidence has been submitted by the design review holder that the requested modification:

1.

Is substantially similar to the approved designs;

2.

Will not significantly alter the designs; and

3.

Is made because of changed circumstances.

b.

Major modifications. The Community Development Department must refer major modifications to any design approval. A modification is considered to be major when it constitutes a significant revision, including, but not be limited to, setback and rhythm, height, scale/mass and proportion, detailing and materials, or appropriate screening.

(Code 1998, § 31-209; Ord. No. 1071, § 2, 10-7-2014; Ord. No. 1081, § 3, 7-21-2015; Ord. No. 1150, § 3, 9-15-2020)

Requirements for design review, using the procedure set forth in Section 28-85, are as follows:

(1)

Heritage preservation sites. Prior to the issuance of other applicable City permits and licenses, the Commission shall conduct a design review for any of the following types of alterations to a heritage preservation site that involve:

a.

Remodeling, alteration or repair that will change the exterior appearance of a heritage preservation site.

b.

New construction.

c.

Signs.

d.

Moving of buildings.

e.

Properties with an approved Heritage Preservation Use Variance for exterior alterations in excess of $10,000.00 or those that would substantially alter the exterior character of the structure unless it is considered a minor alteration under Subsection (2) of this section.

(2)

Administrative review. To expedite the review process, the following types of applications and plans for minor alterations may be approved by the Community Development Department when the work is in substantial conformance with the criteria identified herein:

a.

Interior work of structure. Interior work affecting only the interior of a structure (such as plumbing, insulation, flooring, finishes, etc.).

b.

Minor alterations. Minor alterations in keeping with the integrity of the site and do not impact the overall architecture character including:

1.

Ordinary and routine maintenance not exceeding $10,000.00.

2.

Siding similar to the existing materials, finish and form.

3.

Replacement of windows with same form including pane arrangement, materials and finish.

4.

Replacement of roofing materials.

5.

Landscaping including fencing.

6.

Installation of garbage or recycling enclosures.

7.

Replacement of awnings.

c.

Emergency repair. In emergencies where immediate repair is needed to protect the life, health or safety of the structure and its inhabitants, the Building Official, in consultation with the HPC staff liaison, may approve the repair to the extent necessary to protect life, health or safety without prior Commission action. Additional work shall require a design permit. In the case of a design permit issued under this subsection (2) or any emergency repair affecting a heritage preservation site, the Building Official shall immediately notify the Commission of its action and specify the facts or conditions constituting the emergency.

(3)

Design review standards for heritage preservation sites. All Commission decisions with respect to design review shall be in substantial accordance with the Secretary of the Interior's General Standards and Guidelines for Rehabilitation.

(Code 1980, § 22.07; Code 1998, § 22-7, subd. 7; Ord. No. 664, 6-5-1987; Ord. No. 720, 3-6-1990; Ord. No. 749, 1-7-1992; Ord. No. 770, 4-6-1993; Ord. No. 822, 5-21-1996; Ord. No. 965, § 3.D, 2-21-2006; Ord. No. 1008, § 2, 7-7-2009; Ord. No. 1094, § 2, 5-16-2017; Ord. No. 1105, § 1, 6-19-2018; Ord. No. 1150, § 1, 9-15-2020; Ord. No. 1169, §§ 1, 2, 7-20-2021)

Planned unit developments shall meet the following requirements:

(1)

Purpose. The purpose of a PUD is to provide for a means of:

a.

Ensuring variety, innovation and flexibility in the development of land and its improvements.

b.

Allowing a mixture of uses in an integrated and well-planned area to aid in providing a better living environment.

c.

Allowing for flexibility in group building development wherein the relationship is between building and building or buildings and site, rather than between building and property lines, as is the case in monostructural development.

d.

Preserving natural beauty spots, open space and recreational areas.

(2)

Qualifications and requirements. Qualifications and requirements shall be as follows:

a.

Land to be improved as a PUD:

1.

Shall be at least three acres in size;

2.

Shall be at least one complete City block in size;

3.

Shall have a density in excess of 25 dwelling units per acre; or

4.

Shall, when fully developed, contain upon it at least two principal buildings.

b.

Smaller lots may be improved as PUDs if they:

1.

Are adjacent to or across the street from property which already has been approved for a PUD;

2.

Contain unusual physical features; or

3.

Are of special historical interest.

c.

Lots under separate ownership meeting the above requirements may be considered eligible for a PUD permit if a plan is submitted for the entire area and if financial accountability can be provided and shown for all aspects of the plan.

d.

Permitted uses in a residential PUD must include detached, semidetached, attached, clustered or multistoried dwelling unit structures, or any combination thereof, and any nonresidential use designed to serve the residents of the PUD and of the vicinity, but which is not deemed to be objectionable.

e.

Permitted uses in a nonresidential PUD are limited to those permitted, either specifically or by conditional use permit, in the zoning district.

f.

Aggregate density of structures and building heights on privately or commonly owned property may not exceed the limits imposed by the zoning district in which these structures would normally be located.

g.

Aggregate impervious coverage for a mixed-use PUD must not exceed the maximum lot coverage (impervious) standard for its underlying zoning district though individual lots may exceed the maximum.

h.

Copies of all covenants and easements relating to the provision, use and maintenance of common open space must be filed with the Community Development Director. When a corporation is formed to maintain space or facilities, the City is empowered to abate any nuisance resulting from the lack of maintenance and has the authority to assess the cost of the abatement of the nuisance to all property owners holding membership in the corporation and to spread the costs as an assessment and to certify the costs to the County Auditor for collection with the real estate taxes.

i.

The PUD project must be designed and developed to harmonize with both existing and proposed development in the area surrounding the site and with the City's Comprehensive Plan.

j.

Land must be dedicated to the City for recreation or other open space purposes consistent with the standards and criteria contained in the park dedication policy.

k.

All public utilities and communications transmission facilities must be installed underground.

l.

A building setback from property which is adjacent to the PUD site and that is zoned or being used for a less intensive use must be at least equal to twice the proposed building's height, except in a Highway Mixed Use PUD, where the building setback must be no less than 50 feet.

m.

A landscaping plan with a detailed planting list must be approved.

n.

All private streets, sidewalks and parking areas must be built and maintained in accordance with City standards and specifications.

(3)

Submittal requirements. The following information must be presented for review in accordance with the procedures outlined in Subsections (4) and (5) of this section:

a.

A certified plot plan (at a scale of one to 100 or larger) showing all information required by Chapter 26.

b.

A vertical aerial photograph of the site at a scale of one to 200 or larger.

c.

The legal description of the property.

d.

The nature of the applicant's financial interest in the land to be developed and the proposed methods of interim and long-term financing to the project.

e.

A statement describing ultimate density of the proposed development and the expected impact upon the City school district.

f.

A schematic drawing and map of the proposed development area, including street layouts and lot sizes and locations.

g.

Proposed allocations of land use expressed as a percentage of the total and in acres. Uses to be indicated must include:

1.

Streets, both public and private, and other transportation facilities.

2.

Open space, both public and private.

3.

Commercial uses.

4.

Industrial uses.

5.

A stratification of residential use in terms of number of single-family detached, single-family attached and multiple-family dwellings.

h.

A certified map (at a scale of one to 100 or larger) of existing site conditions, that include at a minimum:

1.

General topographic features.

2.

Location and extent of tree cover.

3.

Slope analysis.

4.

Location and extent of swamps, wetlands and streams.

5.

Significant rock outcroppings.

6.

Existing drainage patterns and ponding areas.

i.

A general development site plan (at a scale of one to 100 or larger) indicating all circulation elements, pedestrian and vehicular, all natural open space, recreation space, structures, landscaping, fences and other on-site improvement features.

j.

A certified utilities plan, indicating street lighting, storm drainage ponding, runoff and disposal facilities and the placement of water, sewer and electrical, gas and communications.

k.

A staging plan for any project involving more than one year's construction time.

l.

Tables and graphs indicating the gross square footage of commercial or industrial floor space by specific type of activity and the number of residential dwelling units by the number of bedrooms.

m.

Preliminary architectural plans, indicating the floor plans, elevations and exterior wall finishes of all proposed buildings.

n.

The plan for solid waste disposal that meets City, County and Pollution Control Agency requirements.

o.

Firefighting and other public safety facilities and procedures.

p.

An economic benefit analysis if required by the Planning Commission or City Council for aid in evaluating the impact of the development on City facilities and services.

q.

A recreational plan.

r.

A public buildings plan providing for school, administrative or public safety quarters.

s.

Other plans or information required by the Community Development Director.

(4)

Concept approval. Concept approval procedures are as follows:

a.

The applicant must file a statement of intention to develop property under the PUD provisions along with the application fee and a review deposit to cover estimated legal and engineering costs. Any amount remaining after administration, engineering and legal costs have been paid will be refunded to applicant. If the deposit is not sufficient, the applicant must submit an additional amount to the City.

b.

The request must be referred to the Planning Commission. The applicant must present at least 12 copies of the information listed in Subsections (2) and (3) of this section. The Commission must make a recommendation to the City Council within 45 days.

c.

Upon receipt of concept approval and any modification to the plans required by the City Council, the applicant may proceed to file a request for final approval. Failure to do so within six months of the date of the receipt of the concept approval, will be cause for revocation of concept approval.

d.

Concept approval will not bind the City to grant final approval.

(5)

Final approval procedures. Final approval procedures are as follows:

a.

The applicant must file a request for final approval along with the required fee to cover the costs of checking and processing plans, plus a deposit to cover estimated administration, engineering and legal costs. Any amount remaining after administration, engineering and legal costs have been paid will be refunded to the applicant. If the deposit is not sufficient, the applicant must submit an additional amount to the City before final approval may be granted.

b.

The request must be referred to the Planning Commission. Unless waived specifically by the Commission, 12 copies of all information listed in Subsection (3) of this section and required data must be submitted for review. The Commission must make a recommendation to the City Council within 45 days of the submission of the final plans.

c.

The City Council may hold a public hearing on the request.

d.

The City Council must evaluate the PUD request using all criteria consistent with this subsection, the needs of the City, and common land use planning principles and standards and must make its decision within 60 days of the date of the public hearing.

(6)

Staged developments. If it is proposed to develop a project during a period which will exceed two years, the applicant may request concept approval for the entire project and permission to submit detailed information respecting only the first stage of the project. If permission is granted by the City Council, a separate public hearing may nevertheless be required respecting each stage of the project as it is reached. Detailed plans must be submitted in accordance with the approved phasing schedule.

(7)

Final approval and issuance of PUD permit. Final approval by the City Council and the issuance of a PUD permit will occur when:

a.

All agreed upon public open space has been deeded to the City and has been officially recorded; or an agreement has been reached between the City and the applicant for cash payment in lieu of land donation.

b.

Design and construction specifications for all public utilities and street improvements have been approved by the City Engineer.

c.

A plat of the development site, if needed, has been filed and recorded both with the City and the County Register of Deeds. Failure to register the plat, within 120 days of final approval is grounds for revocation of the PUD permit.

d.

An agreement has been reached between the City and the applicant specifying the standards to be used in the construction of all streets and utilities, storm ponding, runoff and disposal facilities, landscaping, final grading and the provision, use and maintenance of privately owned recreational facilities. To ensure that these improvements are completed under the terms of the agreement, the applicant must post a corporate surety bond or cash bond equal to 125 percent of the cost of the improvements guaranteeing the faithful performance of the work specified in the agreement or the payment of any costs to the City in a sum equal to the total as recommended by the City Engineer and approved by the City Council. The bond must cover all requirements; provided, however, that part of the bond may be released when any part of each phase is completed, upon the recommendation of the City Engineer.

e.

All other plans and conditions of final approval have been approved.

(Code 1998, § 31-210; Ord. No. 1145, § 1, 8-18-2020)

See Section 28-297(6)b.2(v).

(Code 1998, § 31-213)

See Section 28-348 for sign requirements.

(Code 1998, § 31-214)

(a)

Pre-application sketch review process.

(1)

Prior to the submission of a site plan application, potential applicants may present a sketch to the Community Development Director. The sketch may be conceptual and may include the following related materials:

a.

A scale drawing of the proposed site with reference to existing development within 200 feet of adjacent properties.

b.

General location of proposed structures.

c.

Tentative street arrangements, both public and private.

d.

Amenities to be provided such as recreational areas, open space, walkways, etc.

e.

General location of parking areas.

f.

Proposed public sanitary sewer, water and storm drainage.

g.

A statement showing the proposed density of the project with the method of calculating said density also shown.

h.

Topographic contours at two-foot intervals.

i.

Wetland delineation.

j.

Proposed general schedule of development.

k.

Information on the proposed developer.

l.

Other information or materials useful in reviewing the sketch.

m.

Letter of concurrence from landowner.

(2)

Requests for pre-application sketch review shall be submitted to the Community Development Director. The sketch shall be accompanied by a fee and a cash escrow. The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Community Development Director, describing the proposed change, development, or use. The application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements.

(3)

The Community Development Director shall review the sketch and provide informal comments. The Community Development Director shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Community Development Director, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision.

(b)

Formal application site plan review procedures. The procedure for site plan review is as follows:

(1)

The property owner or agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits and fees pursuant with the Community Development Director.

(3)

The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.

(4)

The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by Minn. Stat. § 15.99.

(5)

The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this section, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.

(c)

Exempt from site plan review. Except in those cases specifically cited within this section, the following shall be excepted from the requirements of this section and shall be processed through the building permit review process:

(1)

Single-family dwellings and accessory structures;

(2)

Recreational structures and buildings in public parks.

(d)

Required site plan application information and materials. The following information and materials shall be required for the application:

(1)

A complete application form signed by all property owners.

(2)

All required fees and escrows.

(3)

A statement identifying all property owners of all land included within the proposal obtained from the County or a title or abstract company.

(4)

Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information:

a.

North point and graphic engineering scale.

b.

Location map showing relationship to street system and surrounding development.

c.

Date of preparation and revision dates.

d.

Boundary line survey, including measured distances and angles which shall be tied to the nearest ¼ corner or section corner by traverse.

e.

Existing and proposed right-of-way widths and names of proposed streets.

f.

Site statistics including:

1.

Gross site acreage/minimum lot size in the zoning district.

2.

Total stormwater management acreage.

3.

Any wetland impact area and wetland replacement area.

4.

Percent green space.

5.

Net density.

6.

Existing, proposed and required parking.

g.

Locations of rights-of-way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of 200 feet beyond the property boundary.

h.

Locations and dimensions for existing and/or proposed buildings or other structures; setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs.

i.

Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures.

j.

Colored site plan and elevations.

k.

A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to 200 feet beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains.

l.

A grading plan with topographic data for 200 feet around the subject property or around major features with intervals not exceeding two feet, except where the horizontal contour interval is 100 feet or more in which case a one-foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan.

m.

Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access.

n.

Screening and buffering with reference to type, dimensions and purpose.

o.

Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district.

p.

Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod.

q.

Stormwater management analysis, if required.

r.

Sustainable design elements, if any.

s.

Sign plan.

t.

Such other information as required by the Community Development Director.

(e)

Administrative approval.

(1)

The site plans for certain projects, including, but not limited to, those types of projects listed below, may be reviewed and approved administratively by the Community Development Director or designee in coordination with the City's other departments and any relevant regulatory agencies; however, the Community Development Director may, at his or her discretion, refer any site plan to the Planning Commission and City Council for review.

(2)

Proposed minor structural additions involving either up to ten percent or less of the total existing floor area or site expansions or modifications involving ten percent or less of the total existing site area which meet all ordinance requirements may be approved by the Community Development Director prior to the building permit being issued, and shall not require Planning Commission or City Council review, subject to the following:

a.

This section shall apply to all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the Zoning Code, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The Community Development Director shall determine what constitutes significant change.

b.

This section shall apply in the cases of new developments which have received City Council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file City Council-approved site plans.

c.

Compliance with all ordinance requirements shall be construed to include all adopted policies and codes.

d.

Unresolved disputes as to administrative application of ordinance requirements shall be referred to the Planning Commission and City Council following normal plan review and approval procedures.

e.

Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval.

(f)

Lapse. The site plan approval shall lapse and become null and void if work is not commenced within one year of the date of approval.

Pursuant to authority granted by Minn. Stat. § 462.3593, subd. 9, the City opts-out of the requirements of Minn. Stat. § 462.3593, which defines and regulates temporary family health care dwellings. The effect of opting-out is that temporary family health care dwellings will not be permitted in the City.

(Code 1998, § 31-215.1; Ord. No. 1089, § 1, 8-16-2016)

(a)

Any nonconformity, including the lawful use or occupancy of land, buildings, structures, or premises existing at the time of the adoption of an additional control under this chapter, may be continued (including through repair, replacement, restoration, maintenance, or improvement, but not including expansion) unless:

(1)

Discontinuance. The nonconformity or occupancy is discontinued for a period of more than one year; or

(2)

Destruction. Any nonconforming use destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

(b)

Following the expiration of the discontinuance or destruction in Subsection (a)(1) or (2) of this section, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

(c)

The enlargement of a structure is not considered an expansion of the nonconformity as long as it does not expand, increase, enlarge or make the extent of the nonconformity more severe.

(d)

Floodplain and shoreland substandard structures in Lower St. Croix National Scenic Riverway. Notwithstanding this section, substandard structures located in the Lower St. Croix National Scenic Riverway and the continuation and improvement of those structures will continue to be regulated by Minn, R. 6105.0351 to 6105.0550 and the regulations of the City floodplain and shoreland regulations adopted pursuant to those Rules, including Sections 28-296(11) and 28-298.

(Code 1998, § 31-216; Ord. No. 1117, § 1, 12-4-2018; Ord. No. 1197, § 1, 1-3-2023)