(A) Applicability. The requirements of this chapter shall apply to all development applications and procedures subject to development review under this Code unless otherwise stated.
(B) Authority to file applications.
(1) Development review applications for an individual property may be initiated by:
(a) The owner of the property that is the subject of the application; or
(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.
(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 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 Commission or City Council may initiate amendments with or without application from the owner.
(C) Pre-application meetings.
(1) Pre-application meetings are required or recommended based on development application type.
(2) A pre-application meeting is an informal discussion between a potential applicant and city staff regarding a possible project subject to this Title. The Zoning Administrator shall determine which city staff shall attend the pre-application meeting.
(3) 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).
(4) Discussions that occur during pre-application meetings are not binding on the city and do not constitute official assurances or representations of the city.
(D) Application materials and fees.
(1) The Zoning Administrator shall develop and amend a Development Application Manual as needed.
(2) Each application for a permit or approval, or for an amendment of a permit or approval, shall include all those application materials listed in the Development Application Manual.
(3) To defray administrative costs of processing of land use requests, 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.
(4) In order to defray the additional cost of processing land use applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request, and all materials for the request.
(a) Materials shall include, but not be limited to maps, graphs, charts, drawings and the like and all printing or reproduction of same.
(b) Staff and/or consulting time shall include any time spent in either researching for or actual production of materials.
(c) The hourly rate for staff and/or consulting time shall be established and made available to the applicant by the Zoning Administrator prior to production of any materials and the applicant shall be given a reasonable estimate of project time and/or materials costs upon request. The applicant shall be responsible for the actual costs, even if the actual costs exceed the city’s estimates.
(5) No application shall be deemed complete for processing until any fee or escrow required has been paid.
(6) Applications for licenses, permits, and other approvals under this chapter shall not be accepted by the city until the Finance Director certifies that all real estate taxes, personal property taxes, special assessments and other fees or charges then due and owing to the city by the applicant or which relate to the property for which the license, permit, approval or application is requested, have been paid in full.
(7) 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.
(E) Technical assistance. In making its decision, the city may determine that technical assistance is needed. The city may request technical assistance from any of the firms with which it contracts. The applicant shall be responsible for the actual costs of such assistance. Actual costs are identified in the fee schedule and shall be paid by the applicant for building/development application expenses which the city incurs in regard to the review and processing of that application, and which exceeds the application fee. Such fees shall come due immediately upon notification by the city. The city may withhold any final action on a development application until all fees are paid in full.
(F) Coordination of applications.
(1) Depending on the requirements of this division, multiple applications may be required.
(2) City staff shall determine the order of application review based on the City Code, including this division, and state requirements. Where possible, applications will be reviewed in tandem.
(G) Public hearing.
(1) Public hearings are required by this division and shall be conducted pursuant to the rules established for each of the bodies, the Lindstrom City Code, and in compliance with state law.
(2) 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. The notice shall also be mailed not less than ten days prior to:
(a) All property owners of record according to the county assessment records within 350 feet of the property.
(b) If the application pertains to land within the Shoreland Overlay District or Floodplain Overlay District, 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 hydrologist.
(c) If the proposed project abuts or includes a state trunk highway or a county state aid road, a copy of the application and notice of hearing shall be provided to the Minnesota Department of Transportation (MNDOT) or the Chisago County Engineer, respectively.
(d) 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 division has been made.
(3) All public hearings shall be open to the public.
(4) The applicant, or their designee, should attend the public hearing.
(H) Recording. When conditions have been satisfied by the applicant, the city shall file with the County Recorder’s Office a copy of any required approval documents, such as ordinances, resolutions, and agreements.
(I) Withdrawal of 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.
(J) Successive applications. No 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.
(K) Appeals of City Council decisions. All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 days after delivery of the decision to the appellant, to the District Court in Chisago County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period defined above.
(Ord. 20220120-01, passed 1-20-22)