All development within the city except as hereafter specified, shall be undertaken in accordance with the terms of this title and only after a development permit is issued.

('69 Code, § 7-25.01) Penalty, see § 155.999

   This title provides for four types of development:

   (A)   Development for which a permit will be granted as of right on compliance with the terms of this title, hereinafter called general development.

   (B)   Development of which a development permit will be granted only after exercise of discretion of the Commission in accordance with criteria of this title, hereinafter called special development.

   (C)   Development which is exempt from the requirement of obtaining a development permit but otherwise subject to the general development provisions of this title, hereinafter called non-profit general development, see § 155.171.

   (D)   Development which is exempt from the regulations of this title, as defined under the term DEVELOPMENT, see Definitions, § 155.010.

('69 Code, § 7-25.02)

   The request shall be filed on an official application for development permit form of the type applicable to the proposed development.

   (A)   Development permit for construction. Every application for a development permit for construction shall be filed with the Administrator and shall include a legal description, plans drawn to scale showing the actual shape and dimensions of the subject parcel, the exact location, nature, dimensions and elevation of the existing and proposed development, the proposed occupancy,

dimensioned parking spaces, and such other information as may be necessary for the enforcement of this title.

   (B)   Development permit for other than construction.

      (1)   Types of activities other than construction requiring development permit. All activities listed under divisions (1)(a) through (l) defined under DEVELOPMENT in § 155.010, not otherwise excluded by Section 7-16.02, Subd. 16 (b).

      (2)   Application. Every application for a development permit for general development other than construction shall be filed with the Administrator and shall include a legal description, plans drawn to scale showing the actual shape and dimensions of the subject parcel, the exact location, nature, dimensions and elevation of the existing and proposed development, the proposed occupancy, dimensioned parking spaces and other such information as may be necessary for the enforcement of this title.

   (C)   In the Flood Hazard District. A development permit issued by the Administrator in conformity with the provisions of this title shall be secured prior to the erection, addition or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill or excavation of materials within the Flood Plain District.

('69 Code, § 7-25.03) Penalty, see § 155.999

   (A)   Application for a development permit shall be checked by the Administrator. If the application covers construction of a single family dwelling structure, or construction of an accessory building to a single family dwelling, and said construction is in Zoning Districts R-1, R-2, R-3, R-4, R-5, and R-7, the Administrator shall issue a development permit, provided the application complies with all laws and with this title, and provided further that the permit fee has been paid.

   (B)   In all other cases, application for the issuance of a development permit shall be made to the Administrator, who shall refer the application to the Commission as is appropriate for the type of action requested - within 15 days of the time a valid application is filed. The Commission shall hold hearings on the application for special development permits, as required by § 155.164. The Commission shall make written recommendation upon the application to the Council, and shall recommend whatever action it deems advisable, giving reasons therefor. Upon receipt of the recommendation of the Commission, the Council shall make a decision upon the application.

      (1)   Action by the Council granting either a general or special development permit, or granting the permit on condition, is a grant of a development permit. A grant or denial of a development permit is an order or development order.

      (2)   The Council shall issue a general development permit if it finds that the development for which the permit is sought constitutes general development permitted by this title.

      (3)   If issuance of a development order involves exercise of discretion by the Council, (Special Development), the Commission shall hold a hearing before issuance. In all other cases a development permit shall be issued without a hearing unless:

         (a)   This title provides otherwise; or

         (b)   An applicant or a person who would have been entitled to notice alleges that the issuance of the order involved the exercise of discretion and requests that a hearing be held.

      (4)   If a development order is issued without a hearing, it may not be set aside on the ground of failure to hold a hearing unless a request for a hearing has been filed with the Administrator within four weeks of issuance of the order.

      (5)   The Council may make minor modifications in the terms of a development permit previously granted without holding a hearing if the Council determines that the development as modified will be lawful under this title.

   (C)   Issuance of development permits other than construction shall be in accordance with division (B) above of this section.

('69 Code, § 7-25.04) Penalty, see § 155.999

   (A)   Published notice. At least ten days in advance of a hearing, the city shall publish notice of the hearing in a newspaper of general circulation, and shall give notice individually to the following:

      (1)   The developer.

      (2)   Owners of any land wholly or partly within 350 feet of the parcel on which development is proposed, unless the public hearing is for a zoning district boundary change affecting an area of more than five acres, in which case this requirement shall not apply to the public hearing for the zoning district boundary change.

      (3)   Any other person, agency, or organization that has filed with the Administrator, a request to receive notices of hearings and has paid a reasonable fee thereof.

      (4)   Any person who may be designated by this title.

   (B)   Posted notice. At the discretion of the Administrator, he may post notice on the parcel in place of the notice required under division (A)(2) above of this section except for zoning amendments.

   (C)   Contents of notice. The notice shall:

      (1)   Give time, place and date of the hearing;

      (2)   Contain a statement describing the subject matter of the hearing; and

      (3)   Specify that additional information can be obtained from the Administrator.

   (D)   Joint hearings. A developer seeking to undertake development requiring multiple permits may apply for a joint hearing on all of the permits by making such a request in writing to the city and by filing applications for each of the permits on which he seeks a joint hearing.

   (E)   Written statements. A written statement giving the name and address of the person making the appearance, signed by him or by his attorney and filed with the presiding officer, constitutes appearance of record.

   (F)   Hearing conduct. The presiding officers shall be the Chairman of the Commission or Board or such person as the Chairman shall designate. The presiding officer may impose rules for the conduct of the hearing and impose reasonable limitations on the number of witnesses heard and on the nature and length of their testimony and cross-examinations. The presiding officer may call witnesses and introduce papers on his own volition.

   (G)   Hearing record. A record of the hearing shall be made by the secretary or other person designated by the presiding officer. If a sound recording is made, and person shall also have the opportunity to listen to the recording at any reasonable time.

   (H)   Decision notice. The Commission or Board shall make a recommendation to the City Council within 30 days of the hearing. The recommendation shall be made in writing, and shall include written findings of fact and conclusions, together with the reasons therefor. Upon receipt of the recommendation of the Commission or Board, the Council may hold whatever public hearings it deems advisable, and shall make a decision on the application to grant a permit. The Administrator shall mail notice of the decision of the Council to the developer and those who have left a self-addressed stamped envelope with the Administrator for that purpose.

   (I)   Denial waiting period. A denial of a permit or zoning amendment shall be a final determination for a period of one year that the development will not be permitted unless the City Council's order includes leave to amend. After the expiration of the one-year period, a developer may make a new application for a permit for the same development or amendment for the same zoning change.

('69 Code, § 7-25.05) (Am. Ord. 830, passed 3-10-97) Penalty, see § 155.999

   The issuance of a development permit authorizes the developer to commence development immediately upon receiving notice from the city (see § 155.164(H)), but subject to any lawful conditions attached by the Commission. A development permit does not authorize occupancy, see § 155.169.

('69 Code, § 7-25.06)

   If the work described in any development permit has not begun within six months from the date of issuance, or if the work lies idle for a period of six months or more, or if the work has not been substantially completed in 2½ years of the date of permit issuance thereof, said permit shall expire; it shall be revoked by the Administrator and written notice thereof shall be given to the person affected. Said notice shall indicate further work as described on the canceled permit shall not proceed unless a new permit is issued or the Administrator grants an extension.

('69 Code, § 7-25.07) (Am. Ord. 920, passed 4-9-01) Penalty, see § 155.999

   (A)   The Planning Commission may attach to a general development permit conditions relating to:

      (1)   Compliance with the plans and specifications submitted by the developer to the Administrator.

      (2)   Time within which the development must be commenced or completed.

      (3)   Protective measures which a developer must undertake for the benefit of neighboring property, such as the construction of fencing, establishment of buffer areas or snow storage.

      (4)   Execution of a written development contract between the city and the developer as such development contracts are defined in § 155.010.

   (B)   The Commission may attach to a special development permit conditions which may concern any matter subject to regulation under this title, including means for:

      (1)   Minimizing any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities which may be conducted.

      (2)   The sequence of development, including when it must be commenced and completed.

      (3)   Controlling the duration of use of development and the time within any structures must be removed.

      (4)   Assuring that development is maintained properly in the future.

      (5)   Designating the exact location and nature of development.

      (6)   Establishing more detailed records by submission of drawings, maps, plats or specifications.

      (7)   Executing a written development contract between the city and the developer, as such development contracts are defined in § 155.010.

   (C)   The Commission may not condition a grant of a development permit on the payment or conveyance by the developer of any money, land or other property, except:

      (1)   The payment of the fees for the filing of the applications for permits and certificates.

      (2)   Provision by the developer of street, other rights-of-way, utilities, parks or other open space, but the required provision must be of a quality and quantity no more than reasonable necessary for the proposed development.

      (3)   Payment of an equivalent amount of money into a fund for the provision of streets, other rights-of-way, utilities, parks or other open space if the Commission finds that the provision thereof under division (C)(2) above is not feasible.

      (4)   Creation or conveyance of interests in lands reasonably necessary to effectuate the conditions authorized by division (C)(2) above.

      (5)   The acquisition by the developer of a performance bond.

      (6)   Other requirements as authorized in divisions (A) through (D) of this section.

   (D)   The Commission may require a development contract before a general development permit is issued. The Planning Commission shall submit a recommended draft of each development contract to the City Council for its approval before the contract is executed by either the City or the developer. In this development contract, conditions may be attached relating to:

      (1)   Compliance with the plans and specifications submitted by the developer to the Commission.

      (2)   Time within which the development must be commenced or completed.

      (3)   Protective measures which a developer must undertake for the benefit of neighboring property such as construction of fencing and screening; establishment of buffer areas, green belts and snow storage areas, provisions for covered and screened garbage storage areas and replacement of displaced trees.

      (4)   Necessary utility improvements required to service the development such as water, sanitary and storm, electric lines, street, sidewalks, and parking lots.

      (5)   The establishment of an escrow account with the city in an amount approved by the city to be used to defray city administrative expense including costs of planner, engineer, and attorney. Said administrative expense shall be estimated by the administration and shall be in addition to the fee required under § 155.224. Any excess remaining in the account on issuance of an occupancy permit shall be returned to the developer.

      (6)   The establishment of a surety bond, certificate of deposit, securities or other deposit prior to issuance of the development permit to be used by the city to guarantee compliance with the development contract.

      (7)   An indemnity agreement to hold the city harmless against claims of third parties arising from the work done, materials used by, or contractual relations of the developer.

      (8)   Preparation of all preliminary and final plats necessary for the performance of the development contract, and approval of the final plat by the City Council.

   (E)   The Commission may require a development contract before a special development permit is issued. The Planning Commission shall submit a recommended draft of each development contract to the City Council for its approval, before the contract is executed by either the city or the developer. In such a development contract, conditions may be attached relating to:

      (1)   Minimizing any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities which may be conducted.

      (2)   The sequence of development, including when it must be commenced and completed.

      (3)   Controlling the duration of use of development and the time within any structure must be removed.

      (4)   Assuring that development is maintained properly in the future.

      (5)   Designating the exact location and nature of development.

      (6)   Establishing more detailed records by submission of drawings, maps, plats or specification.

      (7)   Protective measures which a developer must undertake for the benefit of neighboring property such as construction of fencing and screening, establishment of buffer areas, green belts and snow storage areas, provisions for covered and screened garbage storage areas and replacement of displaced trees.

      (8)   Necessary utility improvements required to service the development such as water, sanitary and storm sewer, electric lines, street, sidewalks, and parking lots.

      (9)   The establishment of an escrow account with the city in an amount approved by the city to be used to defray city administrative expense including costs of planner, engineer, and attorney. Said administrative expense shall be estimated by the administration and shall be in addition to the fee required under § 155.224. Any excess remaining in the account on issuance of an occupancy permit shall be returned to the developer.

      (10)   The establishment of a surety bond, certificate of deposits securities or other deposit prior to issuance of the development permit to be used by the city to guarantee compliance with the development contract.

      (11)   An indemnity agreement to hold the city harmless against claims of third parties arising from the work done, materials used by, or contractual relations of the developer.

      (12)   Preparation of all preliminary and final plats necessary for the performance of the development contract, and approval of the final plat by the City Council.

('69 Code, § 7-25.08) Penalty, see § 155.999

   (A)   Requirement. All construction or work for which a permit is required shall be subject to inspection by the Building Inspector and certain types of construction shall have continuous inspection by special inspectors. A survey of the lot may be required by the Building Inspector to verify compliance of the structure with approved plans.

   (B)   Inspection record card. Work requiring a building permit shall not be commenced until the permit holder or his agent shall have posted an inspection record card in a conspicuous place on the front premises and in such position as to allow the Building Inspector conveniently to make the required entries thereon regarding the inspection of the work. This card shall be maintained in such position by the permit holder until the certificate of occupancy has been issued.

   (C)   Approvals required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Inspector. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required. There shall be a final inspection and approval on all buildings when completed and ready for occupancy.

   (D)   Called inspections. No reinforcing steel or structural framework of any part of any building or structure shall be covered or concealed in any manner without first obtaining the approval of the Building Inspector. The Building Inspector, upon notification from the permit holder or his agent, shall make the following inspections of Type V buildings and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law.

      (1)   Foundation inspection shall be made after trenches are excavated and forms erected and when all materials for the foundation are delivered on the job. When concrete from central mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job.

      (2)   Frame inspection shall be made after the roof, all framing, fire-blocking, and bracing are in place and all pipes, chimneys, and vents are complete.

      (3)   Lath and/or wallboard inspection shall be made after all lathing and/or wallboard, interior and exterior, is in place and all plastering materials are delivered on the job, but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

      (4)   Final inspection shall be made after building is completed and ready for occupancy.

   (E)   Other inspections. In addition to the called inspections specified above, the Building Inspector may make or require any other inspections of any construction work to ascertain compliance with the provisions of the SBC and other laws. For the purpose of determining compliance the Building Inspector may cause any structure to be reinspected.

   (F)   Special inspections.

      (1)   In addition to the inspections otherwise required, the owner or his agent shall employ a special inspector who shall be present at all times during construction on the following types of work:

         (a)   On concrete work when the design is based-on an "f'c" in excess of 2,000 pounds.

         (b)   On masonry work when required.

         (c)   On all structural welding.

         (d)   On all cast-in-place reinforced gypsum concrete when it is being mixed or deposited.

      (2)   On special construction or work involving unusual hazards or requiring constant inspection there shall be a special inspector. The Building Inspector may waive the requirement for the employment of a special inspector if he finds that the construction or work is such that no unusual hazard exists.

      (3)   The special inspector shall be a qualified person approved by the Building Inspector. The special inspector shall furnish continuous inspection on the construction and work requiring his employment. He shall report to the Building Inspector in writing, noting all SBC violations and other information as required of him.

      (4)   Special inspections shall not be required where the work is done on the premises of a baricator approved by the Building Inspector to perform such work without special inspection. The certificate of approval shall be subject to revocation by the Building Inspector if it is found that any work done pursuant to the approval is in violation of the SBC.

('69 Code, § 7-25.09) Penalty, see § 155.999

   (A)   General. It shall be unlawful to use or occupy or permit the use or occupancy of any building or parcel, or part thereof hereafter developed until a certificate of occupancy shall have been issued therefor by the Building Inspector stating the proposed use conforms to the requirements of this title Changes in the character, use of existing structure of a building shall also require such a certificate of occupancy be issued. Any lawful conditions of occupancy shall be attached to or referred to on the certificate.

   (B)   Applications and records. A certificate of occupancy should be applied for coincident with an application for a building permit from the City Building Inspector. The Building Inspector shall issue the certificate within five days after inspection indicates satisfactory compliance with this title. A temporary certificate may be issued for a period not to exceed six months during alteration or partial occupancy of a building, or pending its completion. The Administrator shall maintain records of all certificates of occupancy and a copy shall be furnished upon request to any person. The certificate of occupancy shall be posted in a conspicuous place on the premises; and shall not be removed except by the Building Inspector.

   (C)   Flood Hazard District. In the Flood Hazard District, the applicant shall be required to submit certification by a registered engineer or architect that the finished fill or building elevation, flood proofing or other flood protection measures were accomplished in compliance with the provisions of this Ordinance. A registered land surveyor may certify fill and building excavations.

('69 Code, § 7-25.10) Penalty, see § 155.999

   In addition to those enumerated in the administrative provisions of the city code, the Building Inspector shall have the following powers and duties:

   (A)   Right of entry. Upon presentation of proper credentials, the Building Inspector or his duly authorized representative, may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon him by this title.

   (B)   Stop orders. Whenever any building work is being done contrary to the provisions of this title the Building Inspector may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Inspector to proceed with the work.

   (C)   Occupancy violations. Whenever any structure is being used contrary to the provisions of this title the Building Inspector may order such use discontinued and the structure or portion thereof vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten days after receipt of such notice or make the structure, or portion thereof, comply with the requirements of this title.

   (D)   Liability. The Building Inspector, or any employee charged with the enforcement of this title, acting for the city in good faith and without malice in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Inspector or employee because of such act or omission performed by him in the enforcement of any provisions of this title, shall be defended by the City Attorney until final determination thereof.

('69 Code, § 7-25.11)

   Non-permit general development includes:

   (A)   Official signs installed by or at the direction of a governmental unit.

   (B)   The removal of a hedge, fence or tree provided that such hedge, fence or tree is not required by this chapter or the subdivision regulations of the city.

   (C)   Clean earth fill of land outside of a flood hazard zone, wetland or "S" District.

('69 Code, § 7-25.12)