§ 21.502.01  APPLICATION PROCESSES AND FEES.
   (a)   Purpose. This section outlines various application processes and fees.
   (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 $50 of the fee 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the county and will be refunded if the City Council or Planning Commission denies the application or the application is withdrawn.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 $50 less than the stated fee.
   (c)   Application processes and fees.
 
Application Process
Review and Decision Making Authority
Notice
Fee
DRC
ST
HE
PC
CC
N
Mail
Comprehensive Plan text amendment
R
PH
PH DM
N
$1,660
Comprehensive Plan map amendment
R
PH
PH DM
N
500
$1,660
Zoning ordinance text amendment
R
PH
PH DM
N
$1,660
Rezoning (zoning district map amendment)
R
PH
PH DM
N
500
$1,660
Planned Developments
Preliminary development plan
R
R
PH
DM
N
500
$830
Revisions to preliminary development plans
R
R
PH
DM
N
500
$830
Final development plan
R
R
PH
DM
N
500
$1,660
Major revisions to final development plans
R
R
PH
DM
N
500
$830
Minor revisions to final development plans
DM
$130
Appeal of decision by Planning Manager
R
DM
$170
Final Site and Building Plans
Final site and building plans, including revisions – acted upon by the City Council
R
R
PH
DM
N
500
$660
Final site and building plans, including revisions – acted upon by the Planning Commission
R
R
PH  DM
N
500
$420
Final site and building plans, including revisions – acted upon by the Planning Manager
R
DM
$130
Appeal of decision by the Planning Manager
R
DM
$170
Appeal of decision by the Planning Commission (fee applies only if applicant appeals)
R
PH DM
N
500
$210
Conditional Use Permits (CUPs)
CUP – acted upon by City Council
R
R
PH
DM
N
500
$880*
CUP – acted upon by Planning Commission
R
R
PH DM
N
500
$220*
Appeal of decision by the Planning Commission (fee applies only if applicant appeals)
R
PH DM
N
500
$210*
Suspension or revocation of CUP
R
PH
PH DM
N
500
No fee
Interim Use Permits (IUPs)
IUP – acted upon by City Council
R
R
PH
DM
N
500
$420
IUP – acted upon by Planning Commission
R
R
PH DM
N
500
$220
IUP – reapplication for succeeding IUP (same use on the same site)
R
R
PH
DM
N
500
$250
Appeal of decision by the Planning Commission (fee applies only if applicant appeals)
R
PH DM
N
500
$210
Suspension or revocation of IUP
R
PH
PH DM
N
500
No fee
Variances
Variance for single- and two-family dwellings
R
R
PH
DM
N
200
$310*
Variance for other uses
R
R
PH
DM
N
200
$610*
Administrative variance
R
PH
R
DM
N
200
$220*
Appeal to Planning Commission of administrative variance denial
R
PH
DM
N
200
$170
Master Sign Plans
Master sign plans
R
PH
DM
N
500
$660
Revisions to master sign plans
R
PH
DM
N
500
$420
Time extension on expiration
DM
$170
Environmental Reviews
Environmental assessment worksheet – discretionary
R
DM
No fee
Environmental assessment worksheet – mandatory
R
DM
$1,660
Environmental impact statement
R
DM
$6,620
Miscellaneous
Floodplain permit
DM
$130
Certification of floodplain zoning compliance
DM
$95
Change in condition sent directly to City Council
R
PH DM
N
500
$220*
Change in condition sent directly to Planning Commission
R
PH DM
N
500
$220*
Change in condition sent to both Planning Commission and City Council
R
PH
R
DM
N
500
$420*
Accessory dwelling unit approval
R
DM
$120
Appeal of RV permit denial (fee applies only if applicant makes the appeal)
R
R
DM
N
500
$210
Certificate of appropriateness for historical preservation
R
PH DM
$170
Moratorium/interim ordinance adoption
R
DM
No fee
Moratorium/interim ordinance extension
R
PH DM
N
No fee
Tent/canopy permit
DM
$55
Tent/canopy – appeal of permit denial
R
DM
$100
Tent/canopy – request for time extension
R
PH DM
N
$100
Time extension on expiration
DM
$170
Permit for temporary housing in response to a disaster
R
DM
$50
 
   (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 following sign application fees 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.
 
One sign
$50
Two to five signs
$100
Six or more signs
$160
 
      (2)   Permanent sign permit fees. The following sign permit fees apply to permanent signs on a per sign basis and are due prior to installation:
 
Wall sign
$110
Freestanding sign
$110
Awning or canopy sign
$50
Incidental or accessory sign
$20
Directional sign
$20
 
      (3)   Temporary sign combined application and permit fees.
         (A)   Temporary signs require one combined application and permit fee of $30 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 of $30 applies.
         (B)   Exemptions: temporary signs exempted from permit requirements and fees are detailed in § 19.105 of this code.
      (4)   Uniform sign design fees. The following uniform sign design fees apply and are due at the time of submittal:
 
Uniform sign design - new
$100
Uniform sign design - amendment
$50
 
   (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 $25 for notices 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 to cover the cost of the additional mailed notices and publications as follows:
         (A)   One dollar and fifty cents per mailed notice in excess of 100 notices for any public hearing;
         (B)   One dollar and fifty cents per mailed notice for all mailed notices for public hearings which are in excess of the minimum number of hearings required under the code; and
         (C)   Twenty-five dollars per published notice for public hearings in excess of the minimum number of hearings required under the code.
         (D)   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.
         (E)   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 of $80 for each single- and two-family residential use and $160 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 $2,000 fee. In the event that the actual costs exceed $2,000, the applicant shall be required to pay half the additional cost. In the event that the actual costs are less than $2,000, the unused portion of the fee shall be returned to the applicant.
   (h)   Escrow for special studies.
      (1)   Where special studies are needed by the city to conduct a land use application review, 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)