(A) As required by M.S. § 15.99, as it may be amended from time to time, the following provisions apply to the process for approving or denying applications for a zoning amendment, site plan, conditional use permit, land use permit, variance or any other application which requires a city approval under this chapter.
(B) The city shall take final action to approve or deny an application described above within 60 days of receiving an application, unless the application is not accepted under § 154.174 of this chapter. If the city cannot take action to approve or deny the application within 60 days of receiving the application, the Zoning Administrator is authorized before the end of the initial 60-day period, to make a one-time extension of the time for taking action by providing written notice by first class mail to the applicant of the extension, the reasons for the extension and its anticipated length, which may not exceed an additional 60 days unless approved by the applicant in writing.
(C) When the final action to approve or disapprove an application is to be taken by the City Council, the Planning Commission or the Board of Appeals and Adjustments, if a vote on a resolution or properly made motion to approve the application fails for any reason, the failure shall constitute a denial of the application; provided that, those voting against the motion state on the record the reasons why they oppose the application. A denial of an application because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar application.
(D) (1) Except as provided in division (C) above, if the application is denied by the City Council, Planning Commission or Board of Appeals and Adjustments, whichever body has the authority to make the final decision to approve or deny an application, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial.
(2) If this written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the application, but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.
(E) If the decision to deny the request is made by the Zoning Administrator or other city official, the official must state in writing the reasons for the denial at the time the official denies the request.
(2004 Code, § 154.175)