(A) Consistency with state law. Notwithstanding anything in this chapter to the contrary, the provisions of M.S. § 15.99, as it may be amended from time to time, and the following sections shall govern the process for making decisions under this chapter. To the extent to which these sections conflict with the provisions of M.S. § 15.99, as it may be amended from time to time, the provisions of that statute shall apply.
(B) Applications.
(1) Notwithstanding anything to the contrary in this chapter, all applications for any condition use permit, rezoning, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons for its rejection, including what information is missing. This rejection shall be sent by first-class mail to the application. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the application upon which to base a decision.
(2) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court.
(C) Final actions.
(1) 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 change, conditional use permit, variance, or any other application which requires a city approved under this chapter.
(2) The city shall take final action to approve or deny any application described above within 60 days of receiving an application, unless the application is not accepted under division (A). 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 ins writing.
(3) When the final action to approve or disapprove an application is to be taken by the City Council or the Planning Commission, if a vote on a properly made motion to approve the application fails for any reason, the failure shall constitute a denial of the application. A denial of an application because of a failure to approve a motion does not preclude an immediate submission of a same or similar application.
(4) Except as provided in subsection (4), if the application is denied by the City Council or Planning Commission, whichever body has the authority to make the final decision to approve or deny an application, it must state the reasons for denial on th record and provide the applicant in writing a statement of the reasons for the denial. 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.
(D) Additional extensions of time. M.S. § 15.99, as it may be amended from time to time, provides for certain exceptions to the time limits established in division (C). These exceptions are as follows. If the provisions of M.S. § 15.99, as it may be amended from time to time are inconsistent with this section, then the provisions of that statute shall apply.
(1) The time limit in division (C) is extended if a state statute, federal law, or court order requires a process to occur before the city acts on the application, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the application within 60 days. In cases described in this subsection, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law, or order. Final approval of the city receiving an application is not considered a process for purposes of this subsection.
(2) The time limit in division (C) is also extended if an application submitted to a state agency requires prior approval of a federal agency; an application submitted to the city, requires prior approval of a state or federal agency. In cases described in this subsection, the deadline for action is extended to 60 days after the required prior approved is granted.
(E) Applications for subdivision approval and building permits. Divisions (A), (B) and (C) shall not apply to any request for action under the city’s subdivision regulations or under M.S. § 462.358 or Ch. 505, as they may be amended from time to time. Neither shall they apply to a request for a building permit.