(a) Purpose. This section outlines various application processes.
(b) Table key. The following labeling conventions apply to the table in this section.
(1) DRC means Development Review Committee. The issuing authority may waive review.
(2) ST means staff.
(3) HE means Hearing Examiner.
(4) PC means Planning Commission.
(5) CC means City Council.
(6) N means that a public notice is required to be published in the official newspaper.
(7) R means review is required by the noted group.
(8) PH means that a public hearing is required by the noted group.
(9) DM means that the noted group has final decision making authority.
(10) Any number listed in the Mail column represents the number of feet out from the applicant’s site to which direct mail notice is required to be sent for that particular application.
(11) Any * under the Fee column indicates that part of the fee (amount set forth in City Code Appendix A) is intended for recording approval actions with the county and will be refunded if the City Council or Planning Commission denies the application or the application is withdrawn. If the application does not require recording approval actions, the application fee is the same amount set forth in City Code Appendix A less than the stated fee.
(12) Any * under the Notice Mail column indicates the notice boundary as part of a change in condition application shall adhere to the notice boundary of the application type to which the original condition was attached.
Application Process | Review and Decision Making Authority | Notice | ||||||
DRC | ST | HE | PC | CC | N | Mail
| ||
Application Process | Review and Decision Making Authority | Notice | ||||||
DRC | ST | HE | PC | CC | N | Mail
| ||
Comprehensive Plan text amendment | R | PH | PH DM | N | ||||
Comprehensive Plan map amendment | R | PH | PH DM | N | 500 | |||
Zoning ordinance text amendment | R | PH | PH DM | N | ||||
Rezoning (zoning district map amendment) | R | PH | PH DM | N | 500 | |||
Planned Developments | ||||||||
Preliminary development plan | R | R | PH | DM | N | 500 | ||
Revisions to preliminary development plans | R | R | PH | DM | N | 500 | ||
Final development plan | R | R | PH | DM | N | 500 | ||
Major revisions to final development plans | R | R | PH | DM | N | 500 | ||
Minor revisions to final development plans | DM | |||||||
Appeal of decision by Planning Manager | R | DM | ||||||
Final Site and Building Plans | ||||||||
Final site and building plans, including revisions – acted upon by the City Council | R | R | PH | DM | N | 500 | ||
Final site and building plans, including revisions – acted upon by the Planning Commission | R | R | PH DM | N | 500 | |||
Final site and building plans, including revisions – acted upon by the Planning Manager | R | DM | ||||||
Appeal of decision by the Planning Manager | R | DM | ||||||
Appeal of decision by the Planning Commission (fee applies only if applicant appeals) | R | PH DM | N | 500 | ||||
Conditional Use Permits (CUPs) | ||||||||
CUP – acted upon by City Council | R | R | PH | DM | N | 500 | ||
CUP – acted upon by Planning Commission | R | R | PH DM | N | 500 | |||
Appeal of decision by the Planning Commission (fee applies only if applicant appeals) | R | PH DM | N | 500 | ||||
Suspension or revocation of CUP | R | PH | PH DM | N | 500 | |||
Interim Use Permits (IUPs) | ||||||||
IUP – acted upon by City Council | R | R | PH | DM | N | 500 | ||
IUP – acted upon by Planning Commission | R | R | PH DM | N | 500 | |||
IUP – reapplication for succeeding IUP (same use on the same site) | R | R | PH | DM | N | 500 | ||
Appeal of decision by the Planning Commission (fee applies only if applicant appeals) | R | PH DM | N | 500 | ||||
Suspension or revocation of IUP | R | PH | PH DM | N | 500 | |||
Variances | ||||||||
Variance for single- and two-family dwellings | R | R | PH | DM | N | 200 | ||
Variance for other uses | R | R | PH | DM | N | 200 | ||
Administrative variance | R | PH R | DM | N | 200 | |||
Appeal to Planning Commission of administrative variance denial | R | PH | DM | N | 200 | |||
Master Sign Plans | ||||||||
Master sign plans | R | PH | DM | N | 500 | |||
Revisions to master sign plans | R | PH | DM | N | 500 | |||
Time extension on expiration | DM | |||||||
Environmental Reviews | ||||||||
Environmental assessment worksheet – discretionary | R | DM | ||||||
Environmental assessment worksheet – mandatory | R | DM | ||||||
Environmental impact statement | DM | |||||||
Alternative environmental review | R
| DM
| Reference § 21.506.05 (h) | |||||
Miscellaneous | ||||||||
Floodplain permit | DM | |||||||
Certification of floodplain zoning compliance | DM | |||||||
Change in condition sent directly to City Council | R | PH DM | N | * | ||||
Change in condition sent directly to Planning Commission | R | PH DM | N | * | ||||
Change in condition sent to both Planning Commission and City Council | R | PH R | DM | N | * | |||
Accessory dwelling unit approval | R | DM | ||||||
Certificate of appropriateness for historical preservation | R | PH DM | ||||||
Moratorium/interim ordinance adoption | R | DM | ||||||
Moratorium/interim ordinance extension | R | PH DM | N | |||||
Mural permit | DM | |||||||
Mural permit – appeal of permit denial | R | DM | ||||||
Tent/canopy permit | DM | |||||||
Tent/canopy – appeal of permit denial | R | DM | ||||||
Tent/canopy – request for time extension | R | PH DM | N | |||||
Time extension on expiration | DM | |||||||
Permit for temporary housing in response to a disaster | R | DM | ||||||
(d) Sign applications and fees. Signs requiring permits must be reviewed and approved by staff prior to installation. Review of permanent signs include separate sign application fees and sign permit fees for permanent signs.
(1) Permanent sign application fees. The sign application fees as set forth in City Code Appendix A
apply to permanent signs on a per site basis and are due at the time of application. For the purpose of calculating sign application fees, all incidental, accessory and directional signs will be counted as one permanent sign.
(2) Permanent sign permit fees. The sign permit fees as set forth in City Code Appendix A
apply to permanent signs on a per sign basis and are due prior to installation.
(3) Temporary sign combined application and permit fees.
(A) Temporary signs require one combined application and permit fee as set forth in City Code Appendix A per occasion per site due at the time of application, and prior to installation. Alternatively, if an application lists the same temporary signage for succeeding occasions occurring within one year for the same site, a one time permit with fee as set forth in City Code Appendix A applies.
(B) Exemptions: temporary signs exempted from permit requirements and fees are detailed in § 21.304.13(b).
(4) Comprehensive sign plan fees. The comprehensive sign plan fees as set forth in Appendix A apply and are due at the time of submittal.
(e) Notices.
(1) Additional notice fees. For applications listed in this section that require public notice, the listed fee has been calculated to include 100 mailed notifications per hearing to adjacent property owners and one standard public hearing notice published in the official newspaper of the city, based upon the minimum number of hearings required by the code and state law. When the actual number of hearing notices published exceeds the minimum number required under the code, and/or when the number of mailed notices exceeds 100 for any given public hearing, the applicant must pay additional fees as set forth in City Code Appendix A
to cover the cost of the additional mailed notices and publications. Where state statute or this code requires a public hearing before both the Planning Commission and the City Council, the application fee shall be deemed to cover the cost of published notices and 100 mailed notices for two public hearings.
The failure of an applicant to pay any outstanding fees should be considered by the Planning Commission or City Council in its decision on whether to approve, deny or continue an item.
(2) Failure to receive notice. A failure of any property owner to receive notice or failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings provided a bona fide attempt has been made to comply with notice requirements.
(3) Tenant notification. In the event that the subject of the hearing is a property leased or rented to one or more tenants, the property owner/applicant must notify each tenant of the hearing.
(f) Administrative approval of final plans. When approval of any plan is required as a condition of approval imposed by the City Council, a fee as set forth in City Code Appendix A
for each single- and two-family residential use and for all other uses must be submitted together with the required plan.
(g) Radio frequency engineer review. To cover the reasonable cost of the city retaining a qualified, independent radio frequency engineer in accordance with § 19.63.05(r)(2) of this code, all variance applications for towers, antennas or wireless communication facilities shall include an additional fee as set forth in City Code Appendix A
. In the event that the actual costs exceed the fee as set forth in City Code Appendix A
, the applicant shall be required to pay half the additional cost. In the event that the actual costs are less than the fee as set forth in City Code Appendix A
, the unused portion of the fee shall be returned to the applicant.
(h) Escrow for special studies and mandatory environmental review.
(1) Where special studies are needed by the city to conduct a land use application review or prepare a mandated environmental assessment, an escrow agreement between the applicant and the city requiring a cash escrow deposit to cover costs for the special studies, must be executed. The executed escrow agreement and cash escrow deposit to cover costs must be supplied by the applicant prior to the submission of the land use application to the city. Special studies may include traffic, environmental, wetland, utility or other studies undertaken by the city itself or by outside consultant services, under the direction of the city, and paid for by the applicant.
(2) The requirement for an applicant to pay costs to the city for special studies for the review of a development application would be determined by the city, after the city has prepared a special studies impact determination.
(3) If after commencement of special studies, it is determined additional funds are needed to complete the special studies, funds must be supplied by the applicant into the escrow account prior to submission of the application to the city.
(4) Unexpended escrow funds will be returned to the applicant after final City Council action.
(i) Amended applications.
(1) Once a land use application has been submitted to the city, no amendments are permitted until final disposition of the application has been determined. If an applicant submits an amended application, it constitutes a withdrawal of any prior pending application on the same matter, and will be deemed a new application, pursuant to M.S. § 15.99, as it may be amended from time to time. A new application fee must be submitted with the amended request, equal to 50% of the original application fee. Each amended application request constitutes a separate application.
(2) The issuing authority may accept minor application revisions that do not materially alter the application. If the issuing authority accepts the minor application revisions, no additional fee will be required, and the application review will continue pursuant to M.S. § 15.99, as it may be amended from time to time.
(3) With an amended application, the issuing authority will make a determination whether any public meetings or hearing previously scheduled on the matter will be rescheduled.
(Ord. 2009-34, passed 11-2-2009; Ord. 2009-42, passed 12-7-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2012-2, passed 1-23-2012; Ord. 2012-9, passed 3-19-2012; Ord. 2013-13, passed 5-20-2013; Ord. 2013-29, passed 11-18-2013; Ord. 2014-7, passed 3-17-2014; Ord. 2014-16, passed 11-17-2014; Ord. 2015-15, passed 5-18-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2016-21, passed 10-3-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2018-7, passed 3-19-2018; Ord. 2019-3, passed 1-7-2019; Ord. 2019-23, passed 4-1-2019; Ord. 2020-52, passed 12-21-2020; Ord. 2021-26, passed 8-30-2021; Ord. 2022-40, passed 8-29-2022; Ord. 2022-74, passed 12-19-2022; Ord. 2022-75, passed 12-19-2022; Ord. 2023-22, passed 8-28-2023; Ord. 2023-40, passed 12-18-2023; Ord. 2024-4, passed 2-26-2024)