(A) Applicability. The requirements of this chapter shall apply to all land use and zoning applications and procedures subject to review under this chapter unless otherwise stated.
(B) Permits required. Property owners or their agents shall obtain all required local, state and federal permits prior to initiating any activities on their site.
(C) Authority to file applications.
(1) Land use and zoning applications for an individual property may be initiated by:
(a) The owner of the property that is the subject of the application;
(b) An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner; and
(c) If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.
(2) The Planning and Zoning Commission and City Council may initiate text and map amendments to this chapter. If the subject of the amendment is a specific site or project, the Planning and Zoning Commission or City Council may initiate amendments with or without application from the owner.
(D) Pre-application meetings. A pre-application meeting is an informal discussion between a potential applicant and city staff regarding a possible project subject to this chapter. The Zoning Administrator shall determine which city staff shall attend the pre-application meeting.
(1) The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria and the information to be contained in the application(s).
(2) Discussions that occur during pre-application meetings are not binding on the city and do not constitute official assurances or representations on the city.
(3) Pre-application meetings are required or recommended based on application type.
(E) Application materials and fees.
(2) The city may reject an application not meeting the requirements of this chapter or where the required fee or escrow has not been paid.
(3) Fees.
(a) To defray administrative costs of processing of requests for variances, conditional uses and amendments to the official zoning map and text of this chapter a base fee shall be paid by all applicants. The fee shall be set by ordinance of the City Council, as it may be amended from time to time.
(b) 1. In order to defray the additional cost of processing applications (amendment, conditional use, variance, appeal) for development, all applicants shall pay the total cost of all materials for the request.
2. Materials shall include, but not be limited to maps, graphs, charts, drawings and the like and all printing or reproduction of such materials.
(c) Fees shall be payable at the time applications are filed with the Zoning Administrator.
1. No application shall be processed until the established fee has been paid.
2. A deposit to cover special materials will be established and required by the Zoning Administrator at the time the base fee is paid, if necessary.
(F) Coordination of applications.
(1) Depending on the requirements of this chapter, multiple applications may be required.
(2) The Zoning Administrator shall determine the order of application review based on the City Code, including this chapter and state requirements. Where possible, applications will be reviewed in tandem.
(G) Technical assistance. In making its decision, the city may determine that technical assistance is needed. The city may request assistance from any source that is qualified to provide it. The applicant shall be responsible for the cost of such technical assistance.
(H) Withdrawal of any applications.
(1) Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator.
(2) In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of an application shall not be refunded.
(I) Sixty day rule.
(1) In compliance with M.S. § 15.99, as may be amended from time to time, the city shall take action to approve or deny applications for conditional use permit, variances and zoning amendments within 60 days of receiving a completed application.
(2) If the city cannot take action to approve or deny the application within 60 days of receiving the completed application, the city may extend the timeline for taking action before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant in writing.
(J) Public hearing. For all land use and zoning procedures which require a public hearing, the following shall apply:
(1) Notice of the public hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing.
(2) The notice shall also be mailed not less than ten days to all property owners of record according to the county assessment records within 350 feet of the property.
(3) A copy of the notice and list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the Zoning Administrator and made part of official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this chapter has been made.
(4) Each required notice shall include the following information:
(a) The name of the applicant;
(b) The address, property identification number or other method of clearly identifying the property;
(c) The type of approval being sought;
(d) Contact information where additional information can be obtained;
(e) Date, time and location of the public hearing; and
(f) Right and procedure to receive notice of any appeal.
(5) In the case of an appeal, mailed notice shall also be provided to any interested parties who have notified the city in writing that they would like to receive notice of the appeal.
(6) If the application pertains to land within the Floodplain Management Overlay District under local management control, a copy of the application and notice of hearing shall be provided to the Minnesota Department of Natural Resources (DNR). The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(K) Notification of decision. The Zoning Administrator shall provide notification to applicants the approval or denial of their land use or zoning request; if the request is denied, the Zoning Administrator shall notify the applicant in writing stating the reason for denial.
(L) Resubmittal of denied application. No land use or zoning application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the Zoning Administrator.
(M) Appeals.
(1) Appeals shall be taken within such time as shall be prescribed by the Board of Adjustments and Appeals by general rule, by filing with the Board a notice of appeal specifying the grounds thereon.
(2) The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the appellant and to the Planning and Zoning Commission and shall decide the same within a reasonable time.
(3) The Board of Adjustments and Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination, as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer, commission or Council, from whom the appeal was taken and may issue or correct the issuance of a permit or take such other action as may be called for by the procedure in question.
(4) The reason for the Board's decision shall be stated in writing.
(5) Any person having an interest affected by the decision shall have the right to appeal to the District Court for the county.
(Ord. 879, passed 10-28-2020)