Waseca City Zoning Code

APPLICATION REVIEWS

AND PROCEDURES

§ 154.173 PURPOSE.

The purpose of this chapter is to identify all decision-making bodies responsible for the review of applications, the common review requirements for all applications, and the specific requirements and review procedures for various application types.

(Ord. 1040, passed 1-5-16)

§ 154.174 SUMMARY OF REVIEW AND DECISION-MAKING BODIES.

(A) Summary table of review and decision-making bodies.

(1) Table 16-1 summarizes the general review and decision-making responsibilities of the city entities that have roles in the procedures set forth in this chapter. Other duties and responsibilities of the entities are set forth in subsequent subsections of this chapter or elsewhere within the Waseca City Code. The city may require any and all review bodies to examine specific applications as deemed appropriate by the Community Development Department or City Council.

(2) The city may request other boards, commissions, government agencies, and non- government agencies to review some applications as deemed appropriate prior to any final ruling on such applications.

Table 16-1: Summary of the Roles of the Decision-Making and Review Bodies

H: Hearing (public hearing required)

D: Decision (responsible for the final decision)

R: Recommendation (responsible for review and a recommendation)

A: Appeal

Procedure	Development Review Committee	Community Development Department	Engineering Department	Planning Commission	Joint Airport Zoning Board	City Council
Comp plan amendment	R	R	R	H - R		H - D
Map or text amendment	R	R		H - R	H - D	H - D
Site plan
Review *	R	D	D		H - D	A
Variance	R	R	R	H - R	H - D	D
Conditional use permit	R	R	R	H - R	R	D
Planned unit development	R	R	R	H - R		H - D
Interim use permit	R	R	R	H - R		D
Temporary or seasonal use	--	D	D			A
Administrative adjustments	R	D	D			A
Building permit	--	D	R			A
Certificate of occupancy	--	D	R			A
Home occupation		D	R			A
Grading permit	--	R	D			A
Driveway permit	--	D	D			A
* If no variance, conditional or interim use permit, land subdivision or rezoning is involved. See Chapter 152 for sign regulations and Chapter 154 for land subdivision regulations.

(B) City Council. In addition to any other authority granted to the City Council by the City Charter or state law, the City Council shall have the following powers and duties related to this chapter:

(1) To enact amendments to the Comprehensive Plan, the text of this chapter, and Zoning Map;

(2) To hear, review, and make decisions on all land use applications submitted to the city; and

(3) To hear, review and make decision on appeals of administrative decisions from the strict application of this Code.

(1) Establishment, membership, rules and procedures. The establishment, membership, rules and procedures for the Planning Commission are established in Chapter 37 of the City Code.

(2) Powers and duties. In addition to any other authority granted to the Planning Commission by the City Code, the Planning Commission shall have the following additional powers and duties related to this chapter:

(a) Comprehensive Plan amendments, Zoning Map amendments, and zoning text amendments.

1. To initiate amendments to the Comprehensive Plan, the Official Zoning Map (rezoning of property), the text of this chapter, or other sections of the Waseca City Code; and

2. To hear, review, and make recommendations to the City Council on applications for amendments to the Comprehensive Plan, the text of this chapter or zoning map amendments.

(b) Land use applications. To hear, review, and make recommendations on the following land use applications before the city:

1. Variance;

2. Conditional use permit;

3. Planned unit development; and

4. Interim use permit.

(c) Other. To exercise such other powers, and perform such other duties, as are reasonable or necessary as provided by law.

(D) Waseca City - Waseca County Joint Airport Zoning Board. Refer also to § 37.10 of the Waseca City Code.

(1) The Joint Airport Zoning Board shall have as members two representatives appointed by the Council and two representatives from the county and, in addition, a chairperson elected by a majority of the members so appointed.

(2) The Joint Airport Zoning Board shall have the power to administer and enforce airport zoning regulations applicable to the airport hazard areas in, on or about any airport owned and controlled by the city and the airport hazard area pertaining to the airport located outside the territorial limits of the City pursuant to Minnesota Statutes as amended from time to time.

(E) Community Development Department.

(1) General authorization. The Community Development Department, under the leadership of the Community Development Director, shall administer the provisions of this chapter as provided in this section.

(2) Powers and duties. In addition to the jurisdiction, authority, and duties that may be conferred upon the Community Development Department by other provisions of the City Code, the Community Development Department shall have the following jurisdiction, powers, and duties under this chapter:

(a) Issue occupancy, building and other permits, and make and maintain records thereof;

(b) Conduct inspections of property to determine compliance with the terms of this chapter;

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

(d) Receive, file and forward all applications for amendments, site plans, variances, conditional uses, rezonings or other matters to the designated official bodies.

(`86 Code, § 9.23)

(F) Development Review Committee.

(1) Membership. The Development Review Committee (DRC) shall consist of the Community Development Director, the City Engineer, the Director of Municipal Utilities and, as necessary, the Building Inspector and the Fire Chief.

(2) Powers and duties. The Development Review Committee shall review applications as requested by the Community Development Director and provide recommendations and advice to the Director on the review of those applications. The Committee may meet with applicants during those reviews.

(Ord. 1040, passed 1-5-16)

§ 154.175 COMMON REVIEW PROCEDURES AND REQUIREMENTS.

(A) Applicability. The requirements of this chapter apply to all applications subject to review under this chapter except for compliant one-, two- or three-family dwellings. Those require only city staff review and the issuance of a zoning certificate.

(B) Authority to file applications.

(1) Unless otherwise specified, applications may be initiated by:

(a) The owner of the property;

(b) The owner’s authorized agent;

(d) A prospective owner with written permission from the owner; or

(e) The city.

(2) When an authorized agent files an application under this chapter on behalf of a property owner, the agent shall provide a signed authorization from the fee title property owner stating that the property owner agrees to be bound by all decisions, agreements and related conditions agreed to by such agent.

(3) For all applications involving multiple owners, contract purchasers, etc., all such persons shall sign the application.

(1) All prospective applicants shall be required to speak with a member of the Community Development Department and, at the discretion of the Community Development Director, other city staff or the Development Review Committee prior to submitting an application. The purpose of this meeting is to review the proposal, the relevant code provisions, the required submittals, and potential opportunities or challenges.

(2) Discussions that occur during a pre-application conference are not binding on the city and do not constitute official assurances, representations or approvals by the city or its officials on any aspects of the plan or application discussed.

(D) Application submission schedule.

(1) Generally, complete applications for a conditional use permit, variance, rezoning, zoning, text amendment or plat must be submitted to the Community Development Department five weeks prior to the next meeting of the City Planning Commission. This allows time for application review and refinement and newspaper publication of the notice of the required public hearing. The Department publishes an annual schedule of submittal dates, Planning Commission hearing/meeting dates, and City Council meeting dates.

(2) A complete application for site plan review may be submitted at any time, as these applications are not subject to review by the Planning Commission and City Council unless a variance is involved.

(3) A specific schedule for the submission of applications in relation to scheduled meetings of the Planning Commission and City Council is maintained by the Community Development Department and made available to applicants at the pre-application meeting.

(E) Application contents.

(1) The organization of applications and the number of copies of required information to be submitted shall be determined by the Community Development Department.

(2) All applications shall include:

(a) A completed City of Waseca application form; there is no application fee for a sketch plan review;

(b) Verification of authority to file applications;

(d) All submittal requirements outlined in this chapter for the specific application type; three large-size paper sets, one 11" x 17" paper set and one PDF set are normally required; and

(e) The city may require applicants to submit such technical studies as may be necessary to enable the city to evaluate the application. Such studies may include, but not be limited to, traffic studies, engineering studies, environmental impact assessments, and economic impact reports. The costs of such studies shall be borne by the applicant with the persons or firms preparing the study approved by the city.

(F) There is no fee for site plan review; however, there are fees associated with applications related to Comprehensive Plan amendments, conditional use permits, planned unit developments, plats, rezonings, variances, and the like.

(1) Determination of fees. Fees required to accompany applications submitted under this chapter shall be in accordance with the approved fee schedule adopted by the City Council.

(2) Fees to be paid. No application shall be considered complete until all relevant fees have been paid.

(3) Refund of application fee. Application fees are not refundable except when the Community Development Department determines that an application was withdrawn prior to notice of public hearing being issued, and any consideration or review of the application.

(4) Cost of special studies. If the city contracts for a special service, such as a traffic study, to help review an application, the applicant will be required to provide money in escrow from which the fee will be paid. If the city agrees, the applicant may contract directly with a consultant for such services.

(G) Application acceptance.

(1) Complete application required. The review and consideration of an application submitted under this section shall only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department.

(2) Waiver of application requirements. Except for the required application form and the associated fee, the Community Development Department may waive individual submittal requirements and deem an application complete for review if it is determined that such information will serve no purpose during the review process. However, it is the responsibility of the applicant to supply all information required by this chapter, and a waiver issued by the Community Development Department shall not eliminate the need to provide such information at a later time if it is ultimately deemed necessary to adequately review the application. During the review process, failure of an applicant to supply information in a timely manner may result in denial of the application because of the city’s inability to comply with State-mandated time deadlines.

(H) Deadlines for municipal action. Maximum time periods within which the city must render a decision on an application related to zoning are established in Minnesota Statute. Deadlines related to a land subdivision application are also established in Minnesota Statute. If an application is incomplete, city staff will notify the applicant within 15 business days regarding which materials are missing, and the calendar for rendering a municipal decision will start again when all requested materials have been received.

(I) Simultaneous processing of applications. Whenever two or more forms of review and approval are required under this chapter (e.g., a proposed rezoning and subdivision application), the applications for those approvals may, at the discretion of the Community Development Department, be processed simultaneously, so long as all applicable requirements are satisfied for all applications.

(J) Formal review by city staff.

(1) Upon receipt of a complete application, the Community Development Director will prepare either a written decision (in the case of a site plan review) or a written recommendation to the Planning Commission and the City Council. A copy of the review will be transmitted to the applicant. The Director may involve other staff and/or the Development Review Committee in the review. The applicant may be asked to meet with the Director and/or other staff or the DRC.

(2) Before completing the written review, the Community Development Director may consult with the applicant to negotiate revisions and conditions of approval. The applicant may be asked to submit a revised partial plan set that reflects the agreed-upon changes. There may be additional meetings between the applicant and the city staff during this time.

(3) If during the review process it is discovered that an additional city action or review by another agency is required, the application may be delayed until additional information is submitted to address the problem or additional agency review is completed.

(4) If a project involves only site plan review, once updated plans are submitted to the Community Development Department, the applicant may apply for a building permit. If an application involves additional applications such as a variance, conditional use permit, plat, or rezoning, the application will proceed to the Planning Commission and then the City Council.

(K) Public notice.

(1) Incomplete applications may not be scheduled and noticed for a public hearing at the Planning Commission unless missing items are submitted in time to allow the city staff to adequately review them prior to the public hearing. Additional materials may be requested by the Community Development Director after the notice has been mailed or published.

(2) The Community Development Department will be responsible for mailing or publishing the notice of a public hearing.

(3) Content.

(a) A bold title referring to the content of the notice;

(b) Identification of the address or location of the property or properties subject to the application;

(d) Nature and scope of the application;

(e) Where to view the application;

(f) Where the public may be heard; and

(g) Provision for written comments. The notice will describe where written comments will be received prior to the public hearing.

(4) Timing of the notice. Unless otherwise expressly provided in City Code or required by law, all notices required by statute or Code shall be postmarked and/or published at least ten days prior to the hearing at which the application will be considered.

(5) Type of notice required.

Table 16-2: Notification Requirements

	Posted	Published	Mailed
Comprehensive Plan amendment	Yes	Yes	No
Conditional use permit	Yes	Yes	Yes
Interim use permit	Yes	Yes	Yes
Planned unit developments	Yes	Yes	Yes
Revocation of conditional or interim use permit	Yes		Permittee or owner
Site plan review	No	No	No
Variance	Yes	Yes	Yes
Zoning Map amendment (rezoning)	Yes	Yes	Yes
Zoning text amendment	Yes	Yes	No

(L) Letter of approval. Following a decision by the Council on an application, the applicant will be notified in writing. Following approval, a building permit or occupancy permit may be granted.

(M) Environmental review.

(1) No development project shall be approved prior to review by the Community Development Department to determine the necessity for completion of an environmental assessment worksheet (EAW) or environmental impact statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board regulations for the Environmental Review Program authorized by Minnesota Statutes.

(2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. No decision on granting of a permit or other approval required may be issued until the EAW / EIS process is completed.

(3) At the city’s discretion, an alternative urban areawide review (AUAR) may be used to meet environmental review requirements.

(N) Withdrawal of an application. A request for withdrawal of an application shall be submitted in writing to the Community Development Department.

(O) Reconsideration of land use approval applications. No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application, except where there is substantial new evidence or proof of a change in conditions with respect to such application. Before any such reconsideration, the city may require the submission of the appropriate application fee and the application may be considered as a new application.

(P) Agreements.

(1) The Community Development Department may require:

(a) That the applicant (and property owner if different) to indicate agreement with the city’s conditions of approval by signing the letter of approval issued by the Department; or

(b) That the applicant (and property owner if different) signs a development agreement, which runs with the land and is recorded with the county.

(2) The Community Development Department may waive either of these requirements.

(Ord. 1040, passed 1-5-16)

§ 154.176 COMPREHENSIVE PLAN AMENDMENT.

(A) Initiation of proceedings. Proceedings for the amendment of the Comprehensive Plan shall be initiated by one of the following:

(1) An owner of property or an authorized representative of an owner;

(2) Recommendation of the Planning Commission; or

(3) Action of the City Council.

(B) Application.

(1) All applications to amend the Comprehensive Plan shall be in accordance with the common review procedures and requirements plus:

(a) The names of the applicants;

(b) A narrative explaining the requested change the reasons why the Comprehensive Plan should be amended;

(d) A map of the properties modified to a different land use category, showing the addresses and land uses of for adjacent properties (if applicable); and

(e) The proposed text and/or maps to be added, amended, or deleted from the Comprehensive Plan along with documentation as to the location of the text changes in the Comprehensive Plan, if applicable.

(1) Planning Commission. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued. Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical.

(2) City Council. The City Council shall hold a public hearing on the amendment. After consideration of the Planning Commission recommendation and hearing, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. Approval of an amendment shall require a two-thirds vote of all members of the City Council.

(D) Approval criteria. Recommendations and decisions on Comprehensive Plan amendments shall be based on consideration of the following criteria:

(1) Whether the proposed amendment corrects an error or addresses the need resulting from some changing condition, trend, or fact arising since the adoption of the Comprehensive Plan;

(2) Whether the proposed amendment is consistent with the guiding principles of the Comprehensive Plan;

(3) The extent to which the proposed amendment addresses a demonstrated community need;

(4) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public;

(5) The impacts on the natural and built environments, including air, water, noise, stormwater management, wildlife habitat, water quality, vegetation, drainage, streets, and other engineering design or environmental factors;

(6) Whether the proposed amendment is compatible with existing and proposed uses surrounding the subject property; whether the proposed design and land uses are appropriate for the land; and whether the proposed amendment will maintain or improve compatibility among uses and ensure efficient development within the city;

(7) Whether the proposed amendment will result in a logical, orderly and predictable development pattern; and

(8) Whether the proposed amendment is consistent with the purpose of this chapter.

(Ord. 1040, passed 1-5-16)

§ 154.177 ZONING MAP OR TEXT AMENDMENT.

(A) Purpose and scope. This section sets out the procedures to be followed in reviewing and considering a text change to this chapter or an amendment to the zoning map with the exception of a map amendment to a planned unit development, which shall be subject to the procedures in this subchapter, Application Reviews and Procedures.

(B) Initiation of proceedings. Proceedings for the amendment of the text of this chapter or the zoning map shall be initiated by one of the following:

(1) An owner of property or an authorized representative of an owner;

(2) Recommendation of the Planning Commission; or

(3) Action of the City Council.

(C) Application. In addition to the common review procedures and requirements, applications for changes to the text of this chapter or the Zoning Map shall also include the following:

(1) The name of the applicant;

(2) A narrative explaining the requested modification and the reasons why the changes are supported by the Comprehensive Plan;

(3) The legal description of all real property proposed for change, if applicable;

(4) The existing and proposed land use and zoning designations for all properties proposed for change, if applicable;

(5) A map of the properties to be modified to a different zoning designation, showing the addresses and zoning designations for the subject properties and the adjacent properties, if applicable;

(6) The location of the proposed text to be added, amended, or deleted in this chapter, if applicable; and

(7) The proposed text to be added, amended or deleted.

(D) Review.

(1) Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued. Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical.

(2) The City Council shall hold a public hearing on the amendment. After consideration of the Planning Commission recommendation and hearing, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment requires the approval of a majority of all the members of the City Council.

(E) Approval criteria. Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria:

(1) Whether the proposed amendment corrects an error in the original text or map; or

(2) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area; or

(3) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the Comprehensive Plan.

(Ord. 1040, passed 1-5-16)

§ 154.178 SITE PLAN REVIEW AND APPROVAL.

(A) Purpose and scope. The City Council declares it necessary and appropriate to require site plan approval of certain types of development to preserve and promote attractive, well-planned, stable urban conditions. Site plan approval must be obtained before a building permit is issued or land disturbance activities begin in order to ensure the following:

(1) The plan conforms to the requirements of this chapter in terms of land use, setbacks, number of housing units, land coverage, parking and other relevant regulations;

(2) A proposed project’s compatibility with the area environment and with other existing land uses and buildings in the surrounding area;

(3) The quantity, quality, utility, size, and type of a proposed project’s required open space and proposed landscaping improvements;

(4) The ability of a proposed project’s traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians;

(5) The quantity, quality, utility, size, and type of a proposed project’s required community facilities;

(6) The location and adequacy of a proposed project’s provision for drainage and utilities; and

(7) Security, fire protection, and life or safety issues.

(B) Applicability. The site plan review requirements of this chapter shall apply to all new construction or expansion of commercial, industrial, multiple-family residential (three or more units in a building), public, semi-public or institutional land uses, with these exceptions:

(1) The use exists in a building, and the development of the use does not alter the building footprint, parking, traffic flow on or off-site, grading, drainage or landscaping;

(2) Proposed modifications are strictly related to the interior of the building;

(3) Modifications, additions, or enlargements to a building which do not increase the gross floor area by more than 500 square feet or 10%, whichever is less, and which do not require a variance from the provisions of this chapter; and

(4) Grading or site preparation that results in minor modifications to the existing site, as approved by the City Engineer.

(1) The Community Development and Engineering Departments are authorized to review and approve, approve with conditions, or deny site plan reviews in accordance with the procedures and standards of this section. At the discretion of the City Engineer, other city departments may provide advice on site plan reviews. All findings and decisions shall be final, subject to appeal to the City Council.

(2) If a site plan review application involves a variance, the application must also be reviewed by the Planning Commission and approved by the City Council.

(D) Submittal requirements. Site plan reviews are exempt from having to pay an application fee. However, the following items are required unless exempted by the City Manager. All documents shall be drawn to scale by a registered land surveyor, engineer, architect or other qualified professional. Three large-size paper sets and one digital PDF set are required.

(1) General site description.

(a) The boundaries and dimensions shown graphically, along with a legal description of the property.

(b) A vicinity map which shall include the names and locations of any public streets, railroads, and major streams in the vicinity of the site.

(c) The present and proposed topography of the site and adjacent areas within 50 feet by contour lines at intervals of not more than one foot, and by use of directional arrows, the proposed flow of storm water runoff from the site.

(d) Existing natural features of the site such as wetlands, streams, major trees and wooded areas.

(e) Existing public streets or rights-of-way, road or utility easements, or other reservations of land on the site.

(f) Other information necessary for the review of the application as may be requested by the City Manager such as a traffic impact study.

(2) Site plan, landscaping plan and lighting plan.

(a) The location of existing and proposed structures, with the number of dwelling units and/or non-residential floor area.

(b) All setback lines. When lots are located on a curve, the width of the lot at the building setback line shall be shown.

(d) Street layout and grades with centerline elevations.

(e) Sidewalk or path location, width and material.

(f) Proposed curb cuts, aisles, off-street parking and loading spaces and dimensions.

(g) The location, species and size of plantings. The location, height and material for berms, walls and fences.

(h) A tree preservation plan.

(i) The location and method of screening of outdoor trash storage and recycling areas.

(j) The location and size of all proposed signs.

(k) The location and height of exterior lights, including a photometric diagram.

(l) Elevation views of all proposed buildings or structures, with building materials and proposed colors noted.

(m) A site development staging plan, if applicable.

(n) If proposing a building addition, a floor plan with the interior dimensions for each floor.

(3) Grading and drainage.

(a) Proposed grades showing topographic alterations, proposed methods for managing surface water, drainage calculations and a surface water pollution prevention plan.

(b) Top of curb in front of each lot at corners and the high side of driveways.

(d) Lot corner elevations, building setback lines, and a building pad layout showing hold-down elevations and finished garage elevations, lot drainage patterns and driveway slopes.

(e) Storm sewer alignment and features.

(f) Elevations and boundaries related to lakes, wetlands and ponds including the ordinary high water level.

(g) Wetland delineation boundaries.

(h) Other related information as may be required by the City Engineer.

(4) Public and private utilities.

(a) The location and size of existing and proposed sanitary sewers, water mains, culverts or other underground facilities within and adjacent to the property including data such as grades, invert elevations and locations of catch basins, manholes and hydrants.

(b) The location, size and purpose of all easements.

(E) Conditions of approval.

(1) These conditions must exist for the approval of a site plan review:

(a) The site plan conforms to all applicable standards within this chapter;

(b) The site plan conforms to all applicable regulations of this chapter and is consistent with the applicable policies of the land use plan;

(c) The site plan is consistent with any applicable functional or special area plans or development objectives adopted by the City Council; and

(d) The site plan minimizes any adverse effects on property in the immediate vicinity and minimizes congestion of the public streets.

(2) The Community Development and Engineering Departments may impose conditions on any proposed site plan and require such guarantees as it deems necessary for the protection of the public interest and to ensure compliance with the standards and purposes of this chapter, the applicable policies of the land use plan, and any special land use plans adopted by the City Council.

(F) Modifications to an approved site plan.

(1) Requested amendments to a site plan may be approved or denied by the Community Development and Engineering Departments unless they involve one of the following; otherwise, they shall be reviewed as a new site plan. At the discretion of the City Engineer, other city departments may be involved in this review.

(a) The density of the development is to be increased by more than 5%;

(b) The gross square footage of non-residential buildings is to be increased by more than 5% or the number of building stories is to be increased;

(c) Approved landscaping or open space is to be substantially modified in the opinion of the Community Development or Engineering Department;

(d) Drainage, streets, or other engineering design changes will materially alter items approved in the Development Plan; and/or

(e) Major changes are proposed that could potentially create an adverse impact on stormwater quality, stormwater quantity management, or other stormwater management ordinance requirements.

(2) If, in the opinion of the Community Development and Engineering Departments, a proposed change will substantially affect the terms of the original approval or would result in significant adverse impacts on the surrounding properties or the city at large, then a re-submittal of a new development plan may be required pursuant to the provisions of this section.

(G) Time limit. Unless a written extension request is submitted and approved by the Community Development and Engineering Departments, an approved site plan shall expire upon either:

(1) A new site plan for the property is submitted to and approved by the Community Development and Engineering Departments; or

(2) A building permit has not been issued within one year from the date of site plan approval.

(H) Inspection and enforcement. Prior to issuance of a certificate of occupancy for any use not exempted above, the Community Development and Engineering Departments shall conduct an inspection to determine compliance with the conditions set forth on the approved site plan for the project. A temporary certificate of occupancy may be issued without completion of all elements on the site plan, provided written assurance is given that all improvements will be completed when feasible.

(I) Relationship to other applications. Except in those instances specified in division (G)(2) of this section, site plan approval is required prior to any land disturbance activities, issuance of a building permit for any proposed construction or issuance of a certificate of occupancy for any proposed use. When a site plan is required in support of a request for conditional use permit or variance approval, such plan shall also be subject to the requirements established within this chapter.

(J) Appeal. The applicant for a site plan review may appeal the decision of the Community Development and Engineering Departments to the City Council.

(Ord. 1040, passed 1-5-16; Am. Ord. 1104, passed 10-18-22)

§ 154.179 CONDITIONAL USE PERMIT.

(A) Purpose and scope.

(1) The conditional use permit process allows the city to impose reasonable conditions on uses that are considered permitted in a given zoning district only when they meet pre-defined conditions. Such conditions are considered necessary to ensure compatibility between the proposed land use and nearby properties.

(2) Approval of a conditional use at a certain location does not mean the same conditional use can be conducted on any other parcel in that zoning district.

(3) Every application for a conditional use permit will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.

(B) Application. An application for a conditional use permit shall conform to the common review procedures and requirements and:

(1) The submittal materials listed for a site plan review except those that may be exempted by the Community Development Director;

(2) Any other information that may be reasonably required by the city to evaluate the application.

(1) If a listed conditional use falls below the following threshold, review and approval by the Community Development Department is all that is required before applying for a building permit:

(a) Five hundred (500) square feet of floor area for a non-residential building;

(b) One hundred twenty (120) square feet of floor area for a detached building related to a residence.

(2) Review and approval by the Planning Commission and City Council shall be required for applications above that threshold or applications involving properties that have not previously received a conditional use permit.

(D) Conditions for approval. These conditions must be met:

(1) The use is allowed as a conditional use in the zoning district and conforms to standard zoning regulations;

(2) The conditional use will conform to the conditions listed in §§ 154.109 through 154.143 for the proposed use;

(3) The conditional use will not impede the normal and orderly use or development of nearby property, substantially diminish nearby property values or place an undue burden on public facilities or services;

(4) The conditional use will not be detrimental to the health, safety, morals, or welfare of the public;

(5) The conditional use will not result in a nuisance by odor, noise, or light; and

(6) The conditional use will not unduly affect natural features.

(E) Additional conditions. In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions that the Council considers necessary to protect the best interest of the surrounding area or community as a whole. These conditions may include but are not limited to:

(1) Increasing the required lot size or yard dimension;

(2) Limiting the height, size or location of buildings;

(3) Controlling the location and number of vehicle access points;

(4) Increasing the street width;

(5) Increasing the number of required off street parking spaces;

(6) Limiting the number, size, location or lighting of signs;

(7) Requiring additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and

(8) Designating sites for open space.

(F) City staff review and recommendation. The Community Development Department is authorized to review and provide recommendations to the Planning Commission and City Council in accordance with the procedures and standards of this chapter. At the discretion of the Community Development Director, the Development Review Committee may provide advice on conditional use permits.

(G) Planning Commission recommendation and City Council decision. Before any conditional use permit is approved, the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The Council shall consider the request(s) in light of the conditional use review criteria listed above, and render a decision. In approving a conditional use, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria.

(H) Once a CUP is granted, a certified copy of the CUP, including a detailed list of all approved conditions and a legal description of the land, shall be recorded with the County Recorder or the Registrar of Titles.

(I) Effect of a conditional use permit approval.

(1) The issuance of a conditional use permit shall authorize only the improvements approved by the City Council.

(2) A conditional use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.

(J) Subsequent development. Development authorized by the conditional use permit shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable ordinances or regulations. Approval of a conditional use permit does not imply that any related application will be approved.

(K) Time limits. The City Council may assign a date or event that that will trigger the expiration of a conditional use permit if the facts clearly warrant doing so. Otherwise, there are no time limits on a conditional use permit.

(L) Revocation of a conditional use permit. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the conditional use permit. Before the revocation is considered, the City Council shall hold a public hearing after proper written notice has been issued. Following the hearing, the Council may revoke the conditional use permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.

(M) Amendments to a conditional use permit. A conditional use permit may be amended or modified only in accordance with the procedures and standards established when originally securing the conditional use permit. A request for a change in the conditions of approval of a conditional use permit shall be considered an amendment and subject to the full review procedure set forth in this division. An additional application fee may be required before the consideration of the amendment request.

(Ord. 1040, passed 1-5-16)

§ 154.180 VARIANCE.

(A) Purpose and scope. The variance process is intended to provide limited relief from the strict requirements of this chapter in those cases where the reasonable conditions of a particular requirement will create practical difficulties because of circumstances unique to the property. It is not intended that variances be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant’s act or omission. Variances may be allowed from restrictions placed on non-conformities.

(B) Initiation of proceedings. Variances shall be initiated by an owner of property or an authorized representative of an owner pursuant to authority to file applications.

(1) All applications for a variance shall be in accordance with the common review procedures and requirements.

(2) In addition to the common review requirements, applications for a variance shall also include the following:

(a) A narrative demonstrating that the criteria for a variance have been met;

(b) A site plan of the property showing all information necessary to allow the city to determine conformance with all zoning provisions and to calculate the specific variance being requested shall include but not be limited to:

1. Property and structure dimensions including height;

2. Building elevations as deemed necessary by the Community Development Department;

3. Setback dimensions/measurements including separation between structures;

4. Parking and access locations, dimensions, and paving, striping and curbing details; and

5. If deemed necessary by the Community Development Department, a survey may be required with the application in addition to a site plan.

(D) Criteria for approving a variance.

(1) A variance may be approved only if these criteria are met:

(a) The request is in harmony with the purposes and intent of this chapter;

(b) The variance is consistent with the Comprehensive Plan; and

(c) The applicant can demonstrate that there are “practical difficulties” in complying with the regulation(s) in question. Determination of whether practical difficulties exist shall be based on the following:

1. The property owner proposes to use the property in a reasonable manner permitted by this chapter;

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

3. The variance will maintain the essential character of the locality.

(2) Practical difficulties include, but are not limited to, inadequate access to direct sun light for solar energy systems.

(3) Economic considerations alone shall not constitute a sufficient basis for a variance if reasonable use for the property exists under the regulation.

(4) Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C, Subd. 14, when in harmony with this chapter.

(5) The City Council may impose conditions in the granting of a variance. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.

(E) City staff review and recommendation. The Community Development Department is authorized to review and provide recommendations to the Planning Commission and City Council in accordance with the procedures and standards of this chapter. At the discretion of the Community Development Director, the Development Review Committee may provide advice on variances.

(F) Planning Commission recommendation and City Council decision. Before any variance is approved, the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The Council shall also hold a public hearing, consider the request(s) in light of the Planning Commission’s recommendation and the variance review criteria listed above, and render a decision. In approving a variance, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria.

(G) Effect of a variance.

(1) The issuance of a variance shall authorize only the particular variation that is approved by City Council.

(2) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership.

(H) Subsequent development. Development authorized by the variance shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable chapters or regulations. The granting of a variance does not constitute, imply or guarantee the granting of any other such required approval (i.e.: a building permit).

(I) Amendment. A variance may be amended or modified only in accordance with the procedures and standards established for originally securing the variance. A request for a change in the conditions of approval of a variance shall be considered an amendment and subject to the full review procedure set forth in this subsection. An additional application fee shall be required before consideration of the amendment request.

(Ord. 1040, passed 1-5-16)

§ 154.181 PLANNED UNIT DEVELOPMENT.

(A) Application.

(1) An application for rezoning to Planned Unit Development Overlay District shall be made on the form provided by the city, shall include the materials required for a rezoning, a site plan review and a plat and shall include an application review fee as adopted by the City Council.

(2) Additional drawings and narratives may also be required if the PUD involves the Shoreland Overlay District, an environmental assessment worksheet or environmental impact statement. An application for variance shall not be required.

(B) Review and approval process.

(1) The review of an application for rezoning to PUD Overlay District shall follow the same process as a map or text amendment (a rezoning).

(2) When the City Council adopts an ordinance rezoning property to Planned-Unit Development Overlay District, it is approving the rezoning, the site plan, the preliminary plat (if applicable) and instructing city staff to draft a development agreement, proceed with the final plat (if applicable) and subsequently issue a zoning certificate.

(1) The zoning certificate associated with the rezoning to PUD Overlay District may expire as described under § 154.321(K).

(2) If the approved development is not begun either in whole or in part by the dates specified in the development agreement, that portion of the land not substantially improved shall revert to the base zoning district and any benefits, uses or approvals conferred by the PUD Overlay District shall become void unless a time extension is granted by the City Council or the PUD Overlay is amended.

(D) Amendments to a Planned-Unit Development Overlay District. A Planned Unit Development Overlay District may be amended as described in § 154.177.

(E) Approved plans continue. All preliminary and final development plans approved as part of a Planned-Unit Development prior to the effective date of this chapter shall remain in full force and effect as part of this overlay district. If new development in the prior Planned Unit Overlay District is in compliance with the approved plans, the development shall be considered in conformance with this chapter.

(Ord. 1040, passed 1-5-16)

§ 154.182 INTERIM USE PERMIT.

(A) Purpose and scope.

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

(2) To allow a use that is presently judged acceptable by the City Council but with anticipated development will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed in the district.

(3) To allow a use that anticipates long-range change in an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with nearby uses and is in keeping with the architectural character and design standards of existing uses and development.

(B) Specific regulations. Certain interim uses, such as aggregate mining, are regulated in §§ 154.109 through 154.143.

(C) Initiation of proceedings. A request for an interim use permit shall be initiated by an owner of property or an authorized representative pursuant to § 154.175(B) titled, authority to file applications.

(D) Application. An application for an interim use permit shall conform to the common review procedures and requirements and:

(1) The submittal materials listed for a site plan review except those that may be exempted by the Community Development Director;

(2) Any other information that may be reasonably required by the city to evaluate the application.

(E) Conditions required for approval. Approval of an interim use permit may only be made upon a determination that an application meets the following criteria:

(1) The proposed interim use is presently acceptable but is expected to not be acceptable in the future based on the city’s Comprehensive Plan and anticipated development;

(2) The interim use will not impede the normal and orderly use or development of nearby property, substantially diminish nearby property values, place an undue burden on public facilities or services, or unduly affect natural features;

(3) The date, event, or change in circumstances that will terminate the use is identified with certainty;

(4) The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit;

(5) The applicant agrees to all conditions that the City Council deems appropriate to allow the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit; and

(6) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel.

(F) City staff review and recommendation. The Community Development Department is authorized to review and provide recommendations to the Planning Commission and Council. At the discretion of the Community Development Director, the Development Review Committee may provide advice.

(G) Planning Commission recommendation and City Council decision. Before any interim use permit is approved, the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The Council shall consider the request(s) in light of the recommendation of the Planning Commission and the interim use review criteria then render a decision. In approving an interim use permit, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria.

(H) Effect of an interim use permit approval.

(1) An interim use permit shall authorize only the improvements and use approved by the City Council as an interim use over the specified timeframe.

(2) An interim use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.

(I) Termination. An interim use shall be terminated and removed for any of the following reasons, whichever occurs first:

(1) The date, event or circumstances stated in the permit;

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

(3) Upon change in the city’s zoning regulations which renders the use nonconforming;

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

(J) Revocation. The City Council may revoke an interim use permit upon finding that any of the conditions set forth in the permit are violated. Before the revocation is considered, the City Council shall hold a public hearing. Following the hearing, the Council may revoke the interim use permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.

(K) Amendments and renewals. All requested amendments or renewals of an existing interim use permit shall be processed in the same manner as a new application.

(Ord. 1040, passed 1-5-16)

§ 154.183 TEMPORARY OR SEASONAL USE PERMIT.

(A) Purpose and scope. Temporary or seasonal use permits are meant for activities that have an agreed-upon ending date and are not expected to be replaced through redevelopment as are most interim uses.

(B) Initiation of proceedings. A request for a temporary or seasonal use permit shall be initiated by application of the property owner or other person having authority to file an application.

(1) All applications for a temporary or seasonal use permit shall be in accordance with § 154.175.

(2) In addition to general review requirements, applications for a temporary or seasonal use permit shall also include the following except as exempted by the Community Development Director:

(a) A narrative which includes:

1. A description of the proposed temporary use, how it will function on the property, hours and dates of operation, and any other information necessary to fully describe the request; and

2. An explanation of how the proposed temporary use will meet each of the criteria set forth below.

(b) A sketch plan of the property showing all information necessary to accurately depict how the proposed use will function on the site Information required on the site plan shall include but not be limited to:

1. The location of all existing and proposed structures;

2. Driveways and parking areas;

3. Proposed storage and/or display spaces;

4. Natural features such as woodlands, wetlands, shorelines, and the like; and

5. Proposed number of parking spaces provided or affected.

(D) Review criteria. A temporary or seasonal use permit shall be issued only if the use will:

(1) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;

(2) Be compatible with the principal uses taking place on the site;

(3) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;

(4) Not include permanent alterations to the site;

(5) Not violate the applicable conditions of approval that apply to a site or use on the site;

(6) Not harm environmentally sensitive lands.

(E) Temporary or seasonal use permit review process.

(1) The Community Development Department will review all temporary or seasonal use permit applications.

(2) Applications determined to conform to the review criteria shall be approved with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant that includes all conditions and comments.

(3) Applications not conforming to the approval criteria outlined in this section shall be denied by the Community Development Department. A notice of denial including the reasons shall be provided to the applicant.

(F) Reasonable conditions. In approving a temporary or seasonal use permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.

(G) Effect of a temporary or seasonal use permit approval.

(1) The issuance of a temporary or seasonal use permit shall authorize only the specific temporary use approved by the Community Development Department over the specified time frame.

(2) A minimum of 90 days shall be required between the expiration of a temporary or seasonal use permit and the issuance of another permit on the same site for an identical or similar use as determined by the Community Development Department.

(H) Revocation of a temporary or seasonal use permit. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the permit. Before the revocation is considered, the City Council shall hold a public hearing after proper written notice has been issued. Following the hearing, the City Council may revoke the permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.

(I) Appeals. The applicant for a temporary or seasonal use permit may appeal the decision of the Community Development Department to the City Council.

(Ord. 1040, passed 1-5-16)

§ 154.184 ADMINISTRATIVE ADJUSTMENT.

(A) Purpose and intent. This purpose of this section is to provide a way to allow minor adjustments to previously approved building setbacks or landscape buffer widths where application of a prior dimension would create a development that is less consistent with the Comprehensive Plan or the public interest.

(B) Authority. The Community Development Department is authorized to review and approve, approve with conditions or deny Administrative Adjustments to building setback or landscape buffer standards of this chapter in accordance with the procedures and standards of this section. At the discretion of the Community Development Director, the Development Review Committee may provide advice on administrative adjustments.

(D) Initiation. An application for an administrative adjustment may be initiated by the property owner or other person with authority to file an application pursuant to § 154.175(B), authority to file applications.

(E) Application.

(1) All applications for an administrative adjustment shall be in accordance with § 154.175.

(2) In addition to the common review procedures and requirements, applications for an administrative adjustment shall also include a narrative demonstrating that the criteria for an administrative adjustment have been met.

(F) Criteria for approval of administrative adjustments. Decisions on an administrative adjustment shall be based on consideration of these criteria:

(1) The requested administrative adjustment shall not exceed the maximum adjustment permitted by this chapter;

(2) The requested administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible uses;

(3) Any adverse impacts from the requested administrative adjustment will be mitigated to the maximum extent practicable;

(4) The requested administrative adjustment is either:

(a) Required to compensate for some unforeseen aspect of the site or the development that is not commonly shared by landowners in general;

(b) Supportive of the purpose and intent statement of the zoning district; or

(5) The requested administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

(G) Administrative adjustment review process.

(1) Upon receiving a complete application for an administrative adjustment, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements.

(2) Applications determined to conform with the approval criteria shall be approved by the Community Development Department with any conditions deemed necessary. A notice of an administrative adjustment approval shall be provided to the applicant which includes all conditions, comments, and recommendations.

(3) Applications not conforming to the approval criteria shall be denied by the Community Development Department. A notice of administrative adjustment denial including reasons for denial shall be provided to the applicant.

(H) Reasonable conditions. In approving an administrative adjustment, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.

(I) Effect of an administrative adjustment approval.

(1) The approval of an administrative adjustment by the Community Development Department does not guarantee approval of other applications that may be required by the regulations of the city.

(2) An administrative adjustment approved by the Community Development Department, including any conditions, shall run with the land and shall not be affected by a change in ownership.

(J) Amendment. An administrative adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for originally securing the administrative adjustment.

(K) Appeal. The applicant for an administrative adjustment may appeal the decision of the Community Development Department to the City Council.

(L) Conditions. The Community Development Director may impose conditions upon the administrative adjustment to ensure that the purposes of this chapter are achieved.

§ 154.185 BUILDING PERMIT.

(A) Once the appropriate municipal approval has been obtained for a zoning application, a building permit may be issued.

(B) The process, fees and regulations pertaining to building permits are described in Chapter 150 of the City Code.

(Ord. 1040, passed 1-5-16)

§ 154.186 CERTIFICATES OF OCCUPANCY.

(A) Purpose. This section establishes the requirement for city approval prior to the use or occupation of new buildings or structures, or prior to a change in use in an existing structure. Issuance of a certificate of occupancy signifies that the building or structure complies with all code requirements.

(B) Required.

(1) No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Community Development Department stating that the building or structure complies with all provisions of this chapter.

(2) No change in use of an existing building or structure shall occur until a certificate of occupancy shall have been issued by the Community Development Department stating that the building or structure complies with all provisions of this chapter.

(C) Application. A certificate of occupancy shall be applied for coincident with an application for a building permit or prior to a proposed change in use.

(D) Issuance. A certificate of occupancy will be issued within one business day after the Community Development Department has completed a final inspection and found the building or structure conforming to all code requirements.

(Ord. 1040, passed 1-5-16)

§ 154.187 HOME OCCUPATION PERMIT.

Initiation of proceedings.

(A) A request for a home occupation permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to authority to file applications.

(B) Application.

(1) An application for a home occupation permit shall follow the common review requirements.

(2) An application for a home occupation permit shall include a narrative describing:

(a) How many employees will be working at the home occupation site;

(b) What activities will be occurring in conjunction with the home based occupation (i.e. office work, customer visits, sales, stock storage, and the like);

(c) Vehicle used (e.g. will there be a vehicle(s) used in conjunction with the business? Will the business require any non- standard deliveries to the site? Where will customers park? and the like)

(d) A calculation of the square footage within structures to be used by the home occupation; and

(e) A sketch plan showing in general how the home occupation will operate on the site. The sketch plan should show (as applicable):

1. All buildings to be used by the home occupation;

2. Proposed outdoor storage areas;

3. Proposed parking areas for vehicles and/or customers;

4. Proposed sign location(s) in conformance with sign regulations;

5. Any proposed alterations to buildings to accommodate the home occupation; and

6. Any proposed features necessary to hide visible evidence of the home occupation from either the public right-of-way or adjacent properties (e.g. plantings, screening fences, and the like).

(1) The home occupation shall meet all of the general requirements for home occupations.

(2) The home occupation shall meet the entire general requirements specific to home occupations.

(D) Home occupation review process.

(1) The Community Development Department will review all home occupation permit applications.

(2) A copy of the approved permit shall be provided to the applicant which includes all conditions and comments.

(3) Applications not conforming to the review criteria shall be denied. A notice of denial shall be provided to the applicant that includes the reasons for denial.

(E) Reasonable conditions. In approving a home occupation permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.

(F) Effect of a home occupation permit approval.

(1) The issuance of a home occupation permit shall authorize only the activities and uses approved.

(2) The permit shall be specific to that site and shall end with a change in land ownership.

(3) The home occupation permit does not require periodic renewal.

(G) Time limit.

(1) Failure to begin the approved home occupation within six months of the date of approval will invalidate the permit.

(2) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause.

(H) Amendments. All requested amendments to a home occupation permit shall be processed in the same manner as a new application.

(I) Appeal. The applicant for a home occupation permit may appeal the decision of the Community Development Department to the City Council.

(Ord. 1040, passed 1-5-16)

§ 154.188 GRADING, DRAINAGE AND EROSION CONTROL PERMIT.

(A) Purpose. This section establishes when a grading, drainage and erosion control permit (“grading permit”) is required, how it will be reviewed, information required with the application and how unauthorized work will be handled. Requiring a grading permit enables the city to protect the public by ensuring that erosion does not endanger water resources or unnecessarily require extra maintenance of sewers and ditches and/or the dredging of lakes and ponds. A grading permit promotes the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city.

(B) In general. A grading permit shall be required for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements:

(1) Five thousand (5,000) square feet;

(2) Four hundred (400) cubic yards undeveloped land, or 40 cubic yards developed land;

(3) Any disturbance within 200 feet of a waterway or surface water.

(1) No grading permit is required for land disturbances under the amounts specified above or for the following:

(a) Any emergency activity that is immediately necessary for the protection of life, property or natural resources;

(b) General establishment of new construction lawns, or the addition of four or fewer inches of topsoil;

(2) In the case of grading specific to and in conjunction with a single building permit, a separate grading permit is not required:

(a) The building permit shall be reviewed and serve as the grading permit;

(b) The individual lot permittee may be required to provide a letter of credit or other security deemed acceptable by the city with the building permit application:

1. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city ordinance for fee schedule. Said security shall be provided prior to the release of the grading permit;

2. The security shall be released after turf is established, inspected by the city and deemed to be approved.

(D) Application.

(1) All applications for a grading permit shall be in accordance with the common review requirements.

(2) In addition to general review requirements, applications for a grading permit shall also include the following except as exempted by the City Engineer:

(a) Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm;

(b) A grading, drainage and erosion control plan meeting the requirements of this section. Each application shall include the required number of plans and other required materials as specified by the Engineering Department;

(c) The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved grading, drainage and erosion control plan;

(d) The permittee will be required to file with the City of Waseca an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current Ccty ordinance for fee schedule. This security may be in addition to the required non-refundable filing fee as specified by city ordinance, which shall be submitted under separate payment;

(e) The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Said security shall be provided prior to the release of the grading permit. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the city and deemed to be approved.

(3) The city requires complete application at least 5 business days prior to the desired grading permit release date.

(E) Review criteria. Approval of a grading permit shall be based on:

(1) Whether the proposed grading permit is consistent with all the requirements of this section and any other city code requirements;

(2) Whether the proposed grading permit is in compliance with all engineering standards adopted by the city;

(3) Whether the proposed grading permit is in compliance with any previous approvals for the facility (e.g. grading for additional parking previously approved by a conditional use permit).

(F) Review process.

(1) The Engineering Department shall review all grading permit applications.

(2) Applications determined to conform to the review criteria shall be approved by the Engineering Department with any conditions deemed necessary. A copy of the approved permit including all conditions and comments shall be provided to the applicant.

(3) Applications not conforming to the approval criteria outlined in this section shall be denied by the Engineering Department. A notice of denial including the reasons shall be provided to the applicant.

(G) Reasonable conditions. In approving a grading permit, the Engineering Department may impose such reasonable conditions and requirements as it deems appropriate to ensure continued compliance with the grading permit review criteria and other city ordinances.

(H) Effect of grading permit approval. The issuance of a grading permit shall authorize only the changes approved by the Engineering Department as depicted by the application.

(I) Time limit.

(1) Failure to complete the authorized grading within six months of the date of approval will invalidate the permit.

(2) Upon written request, one extension of six months may be granted by the Engineering Department if the applicant can show good cause.

(J) Amendments. All requested amendments to an existing grading permit shall be processed in the same manner as a new application.

(K) Unauthorized work. Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be halted and subject to the remedies and penalties described in this chapter. Driveways or parking lots being built out of conformance shall be brought into conformance.

(L) Appeal. The applicant for a grading permit may appeal the decision of the Engineering Department to the City Council.

(Ord. 1040, passed 1-5-16)

§ 154.189 DRIVEWAY PERMIT.

(A) Purpose. Driveway permits allow the city to inspect work done in the public road right-of-way, protect the public by setting and enforcing construction standards, and ensure proper pavement construction.

(B) Initiation of proceedings. A request for a driveway permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to authority to file applications.

(C) In general. A driveway permit shall be required for the initial construction, reconstruction of reconfiguration of any driveway that will cross into a public road right-of-way and that was not approved as part of a site plan or a preliminary plat.

(D) Application.

(1) All applications for a driveway permit shall be in accordance with the common review requirements and be on the form provided by the Engineering Department.

(2) In addition to general review requirements, applications for a driveway permit shall also include the following except as exempted by the Engineering Department:

(a) A site plan (or certified site survey if required by the Engineering Department) at a scale and in quantities deemed necessary by the Engineering Department showing lot dimensions and the lot area in square feet;

(b) A site plan (or certified site survey if required by the Engineering Department) at a scale and in quantities deemed necessary by the Engineering Department showing lot dimensions and the lot area in square feet;

(c) Location of all existing buildings, landscaping, screening and natural features as directed by the Engineering Department (including but not limited to woodlands, wetlands, shorelines, and individual trees which may be impacted by the proposed driveway or parking lot construction);

(d) Location of the existing driveway (if applicable), the proposed driveway and the square footage of each;

(e) Location of existing public sidewalks and trails;

(f) Calculation of the existing and proposed impervious surface coverage on the lot;

(g) Identify existing and proposed curb types specifically calling out proposed changes to existing facilities.

(E) Review criteria. Approval of a driveway permit shall be based on:

(1) Whether the proposed driveway permit is consistent with all the requirements of this chapter and any other city code requirements;

(2) Whether the proposed driveway permit is in compliance with all engineering standards adopted by the city;

(3) Whether the proposed driveway permit is in compliance with any previous approvals for the facility (e.g. Adding parking as previously approved by a conditional use permit).

(F) Driveway permit review process.

(1) The Engineering Department shall review all driveway permit applications.

(2) Applications determined to conform to the review criteria shall be approved by the Engineering Department with any conditions deemed necessary. A copy of the approved permit with all conditions and comments shall be provided to the applicant.

(3) Applications not conforming to the review criteria shall be denied by the Engineering Department. A notice of denial including reasons shall be provided to the applicant.

(G) Reasonable conditions. In approving a driveway permit, the Engineering Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the driveway permit review criteria.

(H) Effect of driveway permit approval. The issuance of a driveway permit shall authorize only the changes approved by the Engineering Department as depicted by the application materials.

(I) Time limit.

(1) Failure to complete driveway or parking lot improvements within six months of the date of approval will invalidate the permit.

(2) Upon written request, one extension of six months may be granted by the Engineering Department if the applicant can show good cause.

(J) Amendments. All requested amendments to an existing driveway permit shall be processed in the same manner as a new application.

(L) Appeal. The applicant for a grading permit may appeal the decision of the Engineering Department to the City Council.

(Ord. 1040, passed 1-5-16)

§ 154.190 PLAT.

Procedures for land divisions are presented in Chapter 151 of the Waseca City Code.

(Ord. 1040, passed 1-5-16)

§ 154.191 SIGN PERMIT.

Procedures for sign permits are presented in Chapter 152 of the Waseca City Code.

(Ord. 1040, passed 1-5-16)

Waseca City Zoning Code

APPLICATION REVIEWS

AND PROCEDURES

§ 154.173 PURPOSE.

(Ord. 1040, passed 1-5-16)

§ 154.174 SUMMARY OF REVIEW AND DECISION-MAKING BODIES.

(A) Summary table of review and decision-making bodies.

(2) The city may request other boards, commissions, government agencies, and non- government agencies to review some applications as deemed appropriate prior to any final ruling on such applications.

Table 16-1: Summary of the Roles of the Decision-Making and Review Bodies

H: Hearing (public hearing required)

D: Decision (responsible for the final decision)

R: Recommendation (responsible for review and a recommendation)

A: Appeal

Procedure	Development Review Committee	Community Development Department	Engineering Department	Planning Commission	Joint Airport Zoning Board	City Council
Comp plan amendment	R	R	R	H - R		H - D
Map or text amendment	R	R		H - R	H - D	H - D
Site plan
Review *	R	D	D		H - D	A
Variance	R	R	R	H - R	H - D	D
Conditional use permit	R	R	R	H - R	R	D
Planned unit development	R	R	R	H - R		H - D
Interim use permit	R	R	R	H - R		D
Temporary or seasonal use	--	D	D			A
Administrative adjustments	R	D	D			A
Building permit	--	D	R			A
Certificate of occupancy	--	D	R			A
Home occupation		D	R			A
Grading permit	--	R	D			A
Driveway permit	--	D	D			A
* If no variance, conditional or interim use permit, land subdivision or rezoning is involved. See Chapter 152 for sign regulations and Chapter 154 for land subdivision regulations.