(A) Applicability. The requirements of this chapter shall apply to all zoning applications and procedures subject to review under this chapter unless otherwise stated.
(B) Application.
(1) Each complete zoning application shall include an application, fee, and all those application materials required that are specific to the application.
(2) The application fee shall be set by ordinance of the City Council, as it may be amended from time to time. Application fees are not refundable, except where the Zoning Administrator has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case the overpayment shall be refunded to the applicant.
(3) Application materials shall include, but not be limited to, maps, graphs, charts, drawings, and the like.
(4) Prior to approving a zoning application, the applicant shall bring property taxes, special assessments, interest, and city utilities up to date.
(C) Application review procedure.
(1) The Zoning Administrator shall review each application and refer them to city staff and other applicable agencies for review.
(2) After receipt of a complete application, the Planning Commission shall hold a public hearing on their next available meeting date.
(3) Public hearing.
(a) Public notice.
(i) Notice of the public hearing, its date, and time shall be published in the official newspaper of the city at least ten days prior to the date of the hearing.
(ii) Notice of the public hearing shall also be mailed at least ten days prior to the date of the hearing to the person or persons who filed the request or appeal, and to each owner of property situated wholly or partly within 350 feet of the property to which the application relates.
(iii) Failure of any property owner or occupant to receive such notice shall not invalidate the proceedings.
(b) At the public hearing, the Planning Commission shall hear such persons as wish to be
heard.
(c) The applicant should appear at the hearing to answer questions concerning the application.
(4) Following the public hearing, the Planning Commission shall recommend approval, approval with conditions, or denial of the zoning application and shall transmit the application along with its recommendation to the City Council. The Planning Commission may hold the matter in abeyance if there is inadequate information.
(D) Decision.
(1) Upon receipt of a recommendation from the Planning Commission, the City Council shall review and approve, approve with conditions, or deny the zoning application.
(2) The City Council shall state in writing its findings for approval or denial, as well as any conditions of approval.
(3) Any aggrieved person shall have the right to appeal any zoning decision by the City Council to the District Court for Olmsted County. Any person seeking judicial review under this chapter must appeal within 30 days after delivery of the decision to the appellant.
(E) Recording. When conditions have been satisfied by the applicant, the city shall file with the Olmsted County Property Records and Licensing Department a copy of any required approval documents, such as ordinances, resolutions, and agreements.
(F) Withdrawal of applications.
(1) Any request for withdrawal of an application shall be submitted to the Zoning Administrator.
(2) In all cases where the applicant has requested the withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of the application shall not be refunded.
(G) Successive applications. A period of not less than one year is required between presentation to the Planning Commission of the same request(s) applying to a specific piece of property where prior request was denied, unless there has been a substantial change of facts.
(H) Zoning certificate.
(1) It shall be unlawful to initiate construction, conversions, whole or partial alterations, or enlargements of a use, building, or structure covered by the requirements of this chapter until a zoning certificate has been issued by the Zoning Administrator stating that the proposed use, building, or structure conforms to the requirements of this chapter.
(2) The Zoning Administrator shall maintain a record of all zoning certificates and a copy shall be furnished upon request to any person.
(3) Violations.
(a) Failure to obtain a zoning certificate shall be a violation of this chapter and punishable under § 152.108 Administration.
(b) Any use, site arrangement, or construction which does not comply with the plans authorized by the zoning certificate shall be deemed a violation of this chapter and punishable under § 152.108 Administration.
(4) Expiration of zoning certificate.
(a) If the work described in any zoning certificate has not begun within six months from the date of issuance thereof, the certificate shall expire.
(b) The certificate shall be canceled by the Zoning Administrator and written notice thereof shall be given to the persons affected.
(Ord. 2023-02, passed 5-9-23)