2. Draft Administration Section 153.500_04082021
Section 153.500 1
153.500 ADMINISTRATION AND PROCEDURES
Subd. A. Summary. This Section is hereby established to provide a description of the administration
and procedures of the City for all land use related inquiries, applications, implementation and enforcement of
this Chapter 153.
153.500.010 Introduction and Procedures Summary Table
Subd. A. Summary of Procedures Table. The following table is provided to summarize and identify
the land use application and associated process for each application as described in this Chapter 153. The
requirements and standards for each land use application are provided in the Sections of this Chapter, or
other Chapters, as noted in the Code Reference column identified on the Table. The Decision-Making Body
Review identifies the minimum requirements for processing a land use application. The City Council retains
the ability to request additional review from any of its recommending bodies.
Subd. B. Land Use, Subdivision and Other Applications Procedures Summary Table
Land Use and Subdivision Approval Review Procedures
Procedure Code Reference Public Hearing 15.99 1 462.358 (plat)2 If City Council is checked, they are the
final decision-making body.
Land Use Applications Staff Planning
Commission City Council
Zoning Amendment (Text or
Map) X X X X X
Comprehensive Plan
Amendment (Text or Map) X X X X X
Variance 3 X X X X X
Appeal to a Variance or Land
Use Decision X X
Conditional Use 4 X X X X X
Interim Use 5 X X X X X
Site Plan Review X X X X
• Minor Project X X
• Major Project X X X X
Administrative Permit X
Subdivision Applications
Lot Consolidation/Lot Line
Adjustment X X
Minor Subdivision (Plat) X X X X X
1 Description of Minnesota State Statute 15.99 provided in Section 153.500.040
2 Description of Minnesota State Statute 462.358 is provided in Section 153.500.040
3 All applications for Variance require Site Plan Review submission requirements as stated in 153.500.060
4 All applications for Conditional Use require Site Plan Review submission requirements as stated in 153.500.060
5 All applications for Interim Use require Site Plan Review submission requirements as stated in 153.500.060
Section 153.500 2
Major Subdivision – Concept
Plan X X
Major Subdivision –
Preliminary Plat X X X X X X
Major Subdivision – Final
Plat X X X X
Other Applications
Environmental Review X X
153.500.020 Review and Decision Making
Subd. A. City Council and Commissions. At all times the City will have an elected City Council
which shall have the authority to make decisions regarding the land use applications as identified on Table
153.500.010 Subd. B. Unless otherwise amended by ordinance, the City Council will also appoint a Zoning
Administrator(s), a Park and Recreation Committee, and a Planning Commission. All appointed
Commissions shall be considered recommending bodies, unless other powers are expressly provided within
this Chapter or any other ordinance adopted by the City Council. The City Council, by ordinance, may
create another commission or, from time to time may appoint a task force or other review body. In all such
appointments, the City Council shall be responsible for establishing the responsibilities and powers of such
commission at the time of its establishment.
Subd. B. Board of Zoning Adjustments and Appeals. An applicant or landowner shall have the right
to appeal any land use decision of any appointed body or the Zoning Administrator if decision making
authority has been granted by this Chapter.
(1) Variances. The City Council shall act as the Board of Zoning Adjustments and Appeals for all
requested variances from this Chapter. It shall be the right of the Applicant to appeal any variance
decision of the Board of Zoning Adjustments and Appeals to the City Council.
(2) Appeal of Board of Zoning Adjustments and Appeals Ruling. Any person or persons, any private
or public board, or taxpayer of the City aggrieved by any decision of the Board shall have the right to
seek review of the decision with a court of record in the manner provided by the laws of the State of
Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to
time amended, supplemented, or replaced.
(3) Appeal of Administrative Decision. Any person or persons, any private or public board, or taxpayer
of the City aggrieved by a decision of the Zoning Administrator shall have the right to appeal the
decision to the Board of Adjustments and Appeals.
153.500.030 Zoning Administrator Duties
Subd. A. Designation of Zoning Administrator. The City Council shall appoint the Zoning
Administrator. The Zoning Administrator may delegate authority to staff and/or consultants as necessary to
carry out the requirements of this and the other Chapters of the City Code.
Subd. B. Duties of Zoning Administrator. The Zoning Administrator shall be responsible to:
(1) Receive, review, file and forward all applications for amendments, variances, conditional uses,
Section 153.500 3
appeals or other matters to the designated official bodies.
(2) Recommend and collect fees, as established by City ordinance, for all applications, permits or
other matters covered under the provisions of this Chapter.
(3) Maintain permanent and current records as required by this Chapter, including but not limited to
all maps, amendments, and conditional uses, variances, appeals, and applications.
(4) Issue administrative permits as provided in this Chapter.
(5) Review all building permits issued for structures in the City to ensure compliance with the
regulations contained in this Chapter.
(6) Conduct inspections of structures and use of land to determine compliance with the terms of this
Chapter.
(7) Notify in writing persons responsible for violations of this Chapter, indicating the nature of the
violation and the action necessary to correct it.
(8) Issue stop work orders for violations of this Chapter.
(9) Institute, with the advice and consent of the City Attorney, in the name of the City, any
appropriate legal actions or proceedings against a violator as provided for in this Chapter.
(10) Periodically inspect property to determine compliance with the terms of this Chapter.
(11) Order discontinuance of illegal work being done or take any other action authorized by the
Chapter to ensure compliance with or to prevent violation of its provisions, including cooperation
with the City Attorney in the prosecution of complaints.
(12) Maintain current files of all subdivision approvals and copies of notices of violations thereto and,
upon request, provide complaint and violation information to any person having a proprietary or
tenancy interest in any specific property.
(13) Provide technical assistance to the Planning Commission and City Council.
153.500.040 Decisions Subject to Minnesota State Statute 15.99 or 462.358
Subd. A. Minnesota State Statutory Review Procedures. As identified in Table 153.500.010 Subd.
B, certain land use applications are subject to the rules for procedure and deadlines for action as established
within Minnesota State Statutes. The City Council shall follow the rules and requirements as established by
Minnesota State Statute which may be updated from time to time. The following summary of current
statutory requirements is provided.
(1) Minnesota State Statute 15.99. Pursuant to Minnesota Statutes 15.99, a land use application
shall be approved or denied within 60 days from the date of its official and complete submission
unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to
Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60-day time limit by
a time period not to exceed 60 additional days, provided written notice of such extension is
provided to the applicant before the end of the initial 60-day period. Extensions may also be
requested by the applicant.
(2) Minnesota State Statute 462.358. An application for final plat, shall be approved or denied
within 60 days from the date of the complete submission unless a time waiver is granted by the
Section 153.500 4
applicant. The application shall be in substantial compliance with the approved preliminary plat,
including any modifications required as a condition of preliminary plat approval. Pursuant to
Minnesota Statutes, Chapter 462.358, an application for a final plat shall be approved or denied
within 60 days of the date from the date of its official and complete submission unless extended
pursuant to Statute or a time waiver is granted by the subdivider.
153.500.050 Common Procedures for Land Use Applications.
Subd. A. Pre-Application Land Use Application Review. Prior to an official and complete
submission of the request for a Zoning Amendment, Comprehensive Plan Amendment, Conditional Use,
Interim Use or Variance Application (“Land Use Application”), applicants may present a conceptual plan to
the Zoning Administrator for review. The Concept Plan shall include a narrative describing the proposed
amendment or use, such as activities proposed for the site, size of the use, reason for the variance, hours of
operation, or any other information that would assist in the review of the request. The submission shall
include a Concept Plan of the site and location of proposed uses and structures, which may include parking
areas and access locations; proposed sewage treatment facilities, water service, and storm drainage; and other
site elements. The concept plan may describe the proposed general schedule of development; and may
include other information useful to understanding the proposed use and site plan.
(1) The Zoning Administrator shall review the concept plan and provide informal comments to the
applicant. The Zoning Administrator shall have the prerogative and authority to refer the
Concept Plan to the Planning Commission and/or City Council for discussion, review, and
informal comment. Any opinions or comments provided on the Concept Plan by the Zoning
Administrator, Planning Commission, and/or City Council shall be considered advisory only and
shall not constitute a binding decision.
Subd. B. General Requirements for Complete Land Use Application. The process and procedures
for all Land Use Applications are similar and must comply with Minnesota Statutory requirements. The
following general requirements for submission are established.
(1) Requests for Land Use Application shall be filed with the Zoning Administrator on the applicable
official application form. The applicant’s signature shall be provided on the application form, and
if the applicant is not the fee owner of the property, the fee owner’s signature shall also be
provided on the application form.
(2) The applicable fee and escrow as set forth by City Ordinance shall be submitted with the Land
Use Application.
(3) The required written and graphic materials shall be submitted as described in Section
153.500.060 of this Chapter. The number, size and application materials format shall be
prescribed by the Zoning Administrator prior to submission.
(4) A list of property owners and addresses located within the prescribed distance of the subject
property of the Land Use Application shall be submitted.
i. Zoning or Comprehensive Plan Text Amendment: None Required
ii. Zoning or Comprehensive Plan Map Amendment: 1,320 feet
iii. Conditional Use and Interim Use: 1,320 feet
Section 153.500 5
iv. Variance: 500 feet
v. Site Plan: 200 feet
(5) The Land Use Application shall be considered officially submitted and complete when the
applicant has complied with all the specified information requirements contained in this Section.
Subd. B. Review Procedures of Complete Land Use Application. The following procedures for
review of a complete Land Use Application shall be followed by the City. (INSERT PROCESS FLOW
CHART)
(1) The City staff will perform a review of all submitted materials to determine completeness of the
Land Use Application. Once an application has been deemed complete, the staff will prepare a
review and analysis of the application for consistency with the City’s ordinances.
(2) When required, the Zoning Administrator shall set a public hearing following proper hearing
notification. The Planning Commission shall conduct the public hearing, report its findings and
make recommendations to the City Council.
(3) Notice of said hearing shall consist of a description of the request. Notice shall be published in
the official newspaper at least 10 days prior to the hearing and written notification of said hearing
shall be mailed at least 10 days prior to all owners of land within the prescribed distance as
described in Subd. A (4) of this Section, of the boundary of the subject property of the
application. Failure of a property owner to receive said notice(s) shall not invalidate any such
proceedings as set forth within this Chapter.
(4) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports
where appropriate, and to provide general assistance in preparing a recommendation of the action
to the Planning Commission and City Council.
(5) The Planning Commission and City staff shall have the authority to request additional
information from the applicant or to obtain expert testimony with the consent and at the expense
of the applicant if additional information is necessary to establish compatibility with the
Comprehensive Plan and pertinent Sections of this Chapter.
(6) The applicant or a representative thereof may appear before the Planning Commission to present
information and answer questions concerning the proposed request.
(7) The Planning Commission shall make a recommendation on the request to the City Council.
Such recommendation shall be accompanied by the report and recommendation of the City staff.
(8) The City Council shall not act upon a Land Use Application until it has received a report and
recommendation from the Planning Commission and the City staff, or until 60 days after the first
regular Planning Commission meeting at which the request was considered.
(9) Approval of a Land Use Application shall require passage of a resolution by a majority vote of a
quorum of the City Council.
(10) Whenever an application for a Land Use Application has been considered and denied by the City
Council, a similar application affecting substantially the same property shall not be considered
again by the Planning Commission or City Council for at least 6 months from the date of its
denial unless a decision to reconsider such matter is made by a majority vote of the entire City
Council.
Section 153.500 6
(11) Prior to approving any Land Use Application, the applicant shall provide certification to the City
that there are no delinquent property taxes, special assessments, interest, City utility fees or other
unpaid arrears due upon the parcel of land to which the Land Use Application relates.
Subd. C. Additional Review Procedures for Specific Land Use Applications. The general
requirements as established in Subd. B are further supplemented by the following procedures that are
organized by Land Use Application.
(1) Supplemental procedures for Zoning or Comprehensive Plan Amendment.
i. The Planning Commission shall consider possible effects of the proposed Land Use
Application. Its judgment shall be based upon (but not limited to) the following factors:
a. The proposed action shall be considered in relation to the specific policies and
provisions of and shall be consistent with the City Comprehensive Plan, including
public facilities and capital improvement plans.
b. Whether the proposed action meets the purpose and intent of this Chapter or in the
case of a map amendment, it meets the purpose and intent of the individual district.
ii. For any application which changes all or part of the existing classification of a zoning
district from residential to either commercial or industrial, approval shall require passage
by a 2/3 vote of the full City Council. Approval of any other proposed amendment shall
require passage by a majority vote of the full City Council.
iii. The amendment shall not become effective until such time as the City Council approves
an ordinance reflecting said amendment.
iv. Amendments to Zoning. The City Council or Planning Commission may initiate a
request to amend the text of this Chapter or the district boundaries of the Zoning Map.
The procedural requirements of Section 153.500.050 Subd. B of this Chapter shall not
apply to such proposed amendments except to the extent required by State Statute. Any
person owning real estate within the City may initiate a request to amend the text of this
Chapter or the district boundaries of the Zoning Map as it affects that real estate.
v. Amendments to the Comprehensive Plan. Amendments to the text or any map contained
in the Scandia Comprehensive Plan may be initiated and considered according to the
procedures established in Section 153.500.050 Subd. B of this Chapter and any
applicable provisions of state law. Any amendment to the Comprehensive Plan shall
require passage by a 2/3 vote of the full City Council.
(3) Supplemental Procedures for Variance.
i. Use and Density Variances Prohibited. No variance may be granted:
a. To allow any use that is not allowed as a permitted, conditional, or interim use in the
zoning district in which the subject property is located.
b. To allow for an increase in the residential density in the land use designation as
guided in the City’s adopted Comprehensive Plan.
ii. Review Criteria. The Board of Zoning Adjustments and Appeals, hereafter referred to as
the Board, shall only approve a variance when the terms of a variance are consistent with
the Comprehensive Plan, when it is in harmony with the general purpose and intent of
Section 153.500 7
this Chapter, and when the strict enforcement of this Chapter would result in practical
difficulties with carrying out the strict letter of the Code. “Practical difficulties” as used in
connection with the variance means:
a. The applicant proposes to use the property in a reasonable manner not permitted by
this Chapter.
b. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
c. The variance, if granted, will not alter the essential character of the locality.
d. Economic conditions alone shall not constitute practical difficulties.
e. May include, but is not limited to, inadequate access to direct sunlight for solar energy
systems.
f. The proposed variance will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety, or substantially diminish or impair
property values within the neighborhood.
g. The requested variance is the minimum action required to eliminate the practical
difficulty.
iii. The Planning Commission shall make a finding of fact and shall make a recommendation
to the City Council on such actions or conditions relating to the request as it deems
necessary to carry out the purposes of this Chapter.
iv. Upon receiving the report and recommendation of the Planning Commission, the Board
may grant the variance. Approval of a request shall require passage by a majority vote of
the entire Board.
v. Conditions. In granting any variance under the provisions of this Section, the Board shall
designate Conditions which will, in its opinion, secure the objectives of the regulations or
provisions to which the variance is granted (as to light, air, and the public health, safety,
comfort, convenience and general welfare). Conditions shall be consistent with Section
(ii) and shall be directly related to and in proportion to the impact created by the
variance.
vi. Guarantee. Where variances are granted under the provisions of this Section, the Board
shall require such evidence and guarantee as it may deem necessary to ensure compliance
with the conditions designated. Following the approval of a variance and prior to the
issuing of any building permits or the commencement of any work, the applicant may be
required to guarantee to the City the completion of landscaping and any other private
exterior amenities or improvements as shown on the approved site plan and as required by
the variance approval. The guarantee shall be made by means of a site improvement
performance agreement and a financial guarantee as specified in Section (4)(iv) below.
vii. The Zoning Administrator shall serve a copy of the final order of the Board upon the
petitioner by mail.
Section 153.500 8
viii. Expiration. The applicant must commence the authorized use or improvement within
one (1) year of the date on which the variance is issued. After one year the approvals
issued under the provisions of the Section shall expire without further action by the
Planning Commission or Board. Exceptions to this one-year time limit are as follows:
a. The Variance was approved prior to the effective date of this Chapter.
b. The Board specifically approves a different timeframe when action is officially taken
on the request.
c. The Applicant shall apply for an extension by completing and submitting a request for
extension including the renewal fee as set forth in City Ordinance.
ix. Extension. The request for extension shall state facts showing a good faith attempt to
complete or utilize the approval permitted in the variance. A request for an extension not
exceeding 1 year shall be subject to the review and approval of the Zoning Administrator.
A second extension of time or any extension of time longer than 1 year requested by the
applicant shall be presented to the Planning Commission for a recommendation and to
the Board for a decision.
(2) Supplemental Procedures for Appeal to Variance Decision
i. Applicability. An appeal shall only be applicable to an interpretation of legislative intent
of provisions of this Chapter. Opinions and evaluations as they pertain to the impact or
result of a request are not subject to the appeal procedure.
ii. Filing. An appeal from the ruling of an administrative officer of the City shall be filed by
the property owner or the owner’s agent with the Zoning Administrator within 30 days
after the making of the order being appealed.
iii. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action
being appealed unless it is certified to the Board of Adjustment and Appeals, after the
notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause
imminent peril to life and property. In such case, the proceedings shall not be stayed
other than by a restraining order which may be granted by a court of record on
application, and upon subsequent notice to the City.
iv. Procedure. The procedure for making such an appeal shall be as follows:
a. The property owner or the owner’s agent shall file with the Zoning Administrator a
notice of appeal stating the specific grounds upon which the appeal is made. Said
application shall be accompanied by a fee set forth in City Ordinance.
b. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports when appropriate and shall provide general assistance in preparing a
recommendation on the action to the Board of Adjustment and Appeals.
c. The Board of Adjustment and Appeals shall make its decision by resolution within 60
days from the date on which a completed application is filed.
v. The Zoning Administrator shall serve a copy of the final order of the Board upon the
petitioner by mail.
(3) Supplemental Procedures for Conditional or Interim Use.
Section 153.500 9
i. General Criteria of Conditional and Interim Use Permit. As may be applicable, the
evaluation of any proposed conditional use permit request shall be subject to and include,
but not be limited to, the following general criteria:
a. The proposed use shall be in compliance with the Comprehensive Plan, and shall not
negatively impact public facilities and capital improvement plans.
b. The establishment, maintenance or operation of the proposed use will promote and
enhance the general public welfare and will not be detrimental to or endanger public
health, safety, or comfort.
c. The proposed use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for purposes already permitted, nor substantially diminish and
impair property values or scenic views.
d. The establishment of the proposed use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
e. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
f. The proposed use shall conform to the applicable regulations of the district in which
it is located and all other applicable standards of this Chapter.
g. The proposed use complies with the general and specific performance standards as
specified by this Chapter.
ii. General Standards specific to Interim Uses:
a. The use is allowed as an interim use in the respective zoning district.
b. The date or event that will terminate the use can be identified with certainty.
c. The use will not impose additional unreasonable costs on the public.
d. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
iii. Revocation. The Planning Commission may recommend, and the City Council may
direct, the revocation of any conditional use permit for a cause upon determination that
the authorized use is not in conformance with the conditions of the permit or is in
continued violation of this Chapter, City Ordinances, or other applicable regulations.
The City Council or Planning Commission shall initiate an action and the Zoning
Administrator shall notify the responsible person to whom the permit was issued and
owner of the property, that the person or property owner has an opportunity to show
cause why the permit should not be revoked. A public hearing shall be held pursuant to
Section 153.500.XXX. The Zoning Administrator shall provide the responsible person to
whom the permit was issued and the owner of the property a copy of the proceedings and
findings of the Planning Commission and City Council determining whether the permit
should be revoked.
iv. Amendment. Holders of a conditional or interim use permit may propose amendments to
the permit at any time, following the procedures for a new permit as set forth herein. No
Section 153.500 10
significant changes in the circumstances or scope of the permitted use shall be undertaken
without approval of those amendments by the City. The Zoning Administrator shall
determine what constitutes significant change. Significant changes include, but are not
limited to, hours of operation, number of employees, expansion of structures and/or
premises, different and/or additional signage, and operational modifications resulting in
increased external activities and traffic, and the like. The Planning Commission may
recommend, following the procedures for hearing and review set forth in this Chapter,
and the City council may approve significant changes and modifications to conditional or
interim use permits, including the application of additional or revised conditions.
v. Termination of Interim Use. An interim use shall terminate with the occurrence of any of
the following events, whichever occurs first:
a. The date stated in the permit.
b. Upon violation of conditions under which the permit was issued;
c. Upon change in the City’s zoning regulations which renders the use nonconforming;
d. The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
vi. Expiration of Conditional Use. Unless the City Council specifically approves a different
time when action is officially taken on the request, permits which have been issued under
the provisions of this Section shall expire without further action by the Planning
Commission or the City Council, unless the applicant commences the authorized use
within 1 year of the date of the conditional use permit is issued; or unless before the
expiration of the 1 year period the applicant shall apply for an extension thereof by
completing and submitting a request for extension, including the renewal fee as set forth
by City ordinance. The request for extension shall state facts showing a good faith
attempt to complete or utilize the use permitted in the conditional permit. A request for
an extension not exceeding 1 year shall be subject to the review and approval of the
Zoning Administrator. Should a second extension of time or any extension of time longer
than 1 year be requested by the applicant, it shall be presented to the Planning
Commission for a recommendation and to the City Council for a decision.
vii. Financial Guarantee. Following the approval of a conditional use permit as required by
this Section and prior to the issuing of any building permits or the commencing of any
work, the applicant may be required to guarantee to the City the completion of
landscaping and any other private exterior amenities or improvements as shown on the
approved site plan and as required by the conditional use permit approval. The guarantee
shall be made by means of a site improvement performance agreement and a financial
guarantee as specified in Section 153.500.XXX.
(4) Supplemental Procedures for Site Plan Review.
i. Applicability. The Site Plan review process shall be applicable to both Minor and Major
Projects as described herein. If the application includes a Primary Land Use Application
for conditional use, interim use or variance then the request will be classified as a Major
Project. In such cases a separate Site Plan application is not required, and the Site Plan
shall be submitted as part of the Primary Land Use Application submission requirements
Section 153.500 11
as provided in Section 153.500.XXX of this Chapter. The purpose of the Site Plan review
process is to verify that the proposed application and project is consistent with the
standards of this Chapter and any other applicable ordinances.
ii. Classification of Project as Minor Project or Major Project. Projects shall be classified as a
Minor Project or a Major Project based on the criteria set forth herein, with the
exceptions as noted. Any project, Minor or Major, may submit a Pre-Application
Concept Plan for review and comment by the Zoning Administrator, the Planning
Commission and City Council.
a. Exceptions to Review. The following shall be exempt from Site Plan Review:
1. Agricultural uses in the AG-C, AP and GR Zoning Districts.
2. Single family detached dwellings and related accessory uses.
3. Two family attached dwellings and related accessory uses.
b. Minor Projects. Projects shall be classified as Minor, provided that:
1. The site and the use are in compliance with the Comprehensive Plan;
2. The use is explicitly classified as a permitted or accessory use on the Table of Uses
contained in Section 153.500.XXX;
3. The application is complete and in compliance with the standards of the
applicable codes, ordinances, and policies and does not require any variance from
those standards;
4. The site is a legal parcel of record at the time of application.
c. Major Projects. Projects shall be classified as Major, provided that:
1. The project is not classified as an exception or as a Minor Project;
2. The project is explicitly classified as a conditional or interim use on the Table of
Uses contained in Section 153.500.XXX;
3. The project results in the exterior alteration of a structure to which the Scandia
Architectural Design Guidelines (dated September 2009 and as may be amended)
are applicable.
iii. Plan Modifications. All site and construction plans officially submitted to the City shall
be treated as a formal agreement between the applicant and the City. Once approved, no
changes, modifications or alterations shall be made to any plan detail, standard, or
specifications without prior submission of a plan modification request to the City for
review and approval.
iv. Qualifications. Proposed minor structural additions involving 10% or less of the total
existing floor area and proposed minor site modifications involving 10% or less of the
total existing site area which meet all ordinance requirements may be approved by the
Zoning Administrator prior to a building permit being issued and shall not require
Planning Commission or Council review, subject to the following:
a. This Section shall apply in the cases of new projects which have received City Council
plan approval, but for which building permits have yet to be issued. This Section
Section 153.500 12
shall also apply to existing projects on file which have City Council approved site
plans.
b. Compliance with all Ordinance requirements shall be construed to include all adopted
policies and codes.
c. Any variances from Ordinance and policy requirements shall be subject to the
established review and hearing procedures for site plan and variance approval.
d. Plans submitted for minor structural additions or minor site alterations under the
terms of this Section shall be the same as those required for site plan approval.
e. A copy of the plans approved under this Section shall be appropriately certified by the
Zoning Administrator and placed on file with the City Council approved plans.
v. Lapse of Approval. Unless otherwise specified by the Zoning Administrator or City
Council as may be applicable, the site plan approval shall become null and void 1 year
after the date of approval, unless the property owner or applicant has substantially started
the construction of any building, structure, addition or alteration, or use requested as part
of the approved plan. The property owner or applicant shall have the right to submit an
application for time extension in accordance with this Section.
a. An application to extend the approval of a site plan for up to an additional 1 year shall
be submitted to the Zoning Administrator not less than 30 days before the expiration
of said approval. Such an application shall state the facts of the request, showing a
good faith attempt to utilize the site plan approval, and it shall state the additional
time being requested to begin the proposed construction. The request shall be heard
and decided by the Zoning Administrator prior to the lapse of approval of the original
request. A request pertaining to a major project involving a longer period of time than
1 year or a second request for a time extension of a major project shall be presented to
the Planning Commission for recommendation and to the City Council for a
decision. Additional requests for a time extension of a minor project may be approved
by the Zoning Administrator, subject to the same procedures established for the first
extension as outlined above.
b. In making its determination on whether an applicant has made a good faith attempt
to complete the improvements shown on the approved site plan, the Zoning
Administrator or the City Council, as applicable, shall consider such factors as the
type, design, and size of the proposed construction, any applicable restrictions on
financing, or special and/or unique circumstances beyond the control of the applicant
which have caused the delay.
vi. Site Improvement Performance Agreement. Following the approval of the site plan
required by this Chapter and before issuance of a building permit, the applicant may be
required to guarantee to the City the completion of landscaping and any other private
exterior amenities or improvements as shown on the approved site plan and as required by
the site plan approval. This guarantee shall be made by means of a site improvement
performance agreement and a financial guarantee as provided below:
a. The applicant shall execute the site improvement performance agreement on forms
provided by the City. The agreement shall be approved as to form and content by the
Section 153.500 13
City Attorney and shall define the required work and reflect the terms of this Section
as to the required guarantee for the performance of the work by the applicant.
b. The required work includes, but is not limited to, private exterior amenities such as
landscaping, private driveways, parking areas, recreational fields and their related
structures, drainage systems, water quality ponds, wetland mitigation, wetland buffers,
erosion control, curbing, fences and screening, and other similar facilities. The
required work shall also include all aspects of a tree preservation plan and reforestation
plan, if applicable.
vii. Financial Guarantee. A financial guarantee shall be submitted with the executed site
performance agreement as provided herein:
a. Financial guarantees acceptable to the City include a cash escrow; or an Irrevocable
Letter of Credit. Such guarantee shall be approved by the Zoning Administrator,
and the guarantee shall be from a creditable banking institution chartered to operate
in the State of Minnesota.
b. The term of the financial guarantee shall be for the life of the site improvement
performance agreement, and it shall be the responsibility of the applicant to ensure
that a submitted financial guarantee shall continue in full force and effect until the
Zoning Administrator shall have approved and accepted all of the work undertaken
to be done and shall thereby have released the guarantee or reduced the amount of
the guarantee as provided in this Section.
c. The amount of the financial guarantee shall be established by the Zoning
Administrator based upon an itemized estimate of the cost of all required work. A
cash deposit or Irrevocable Letter of Credit shall be in the amount of 125% of the
approved estimated cost.
d. When any instrument submitted as a financial guarantee contains provision for an
automatic expiration date, after which the instrument may not be drawn upon,
notwithstanding the status of the site performance agreement or of the required
work, the expiration date shall be October 31; further, it shall be the responsibility
of the applicant to notify the City in writing, by certified mail, at least 60 days in
advance of the expiration date of the intention to renew the instrument or to not
renew the instrument. If the instrument is to be renewed, a written notice of
extension shall be provided 30 days prior to the expiration date; if the instrument is
not to be renewed, and has not been released by the Zoning Administrator, another
acceptable financial guarantee in the appropriate amount shall be submitted at least
30 days prior to the expiration. The term of any extension shall be approved by the
Zoning Administrator. Upon receipt of an acceptable substitute financial guarantee,
the Zoning Administrator may release the original guarantee. If the financial
guarantee has not been released and has not been renewed at least 30 days prior to
its expiration date, the Zoning Administrator shall draw on the financial guarantee
an amount equal to 125% of the estimated cost to complete the improvements.
e. The applicant may submit a separate financial guarantee for that portion of the
required work consisting solely of landscaping improvements with another financial
guarantee for all other exterior amenities and improvements which comprise the
Section 153.500 14
work.
f. The time allowed for completion of the required improvements shall be set out in
the site improvement performance agreement. The agreement and the financial
guarantee shall provide for forfeiture to the City to cure a default or reimburse the
City the cost of enforcement measures. As various portions of such required work
are completed by the applicant and approved by the City, the Zoning Administrator
may release such portion of the financial guarantee as is attributable to such
completed work. Landscaping improvements shall not be deemed complete until the
City has verified survivability of all required plantings through two winter seasons,
which is defined for the purpose of this Section as the 18-month period of 31
October through 30 April of the second year thereafter.
g. The applicant shall notify the City in writing when all or a portion of the required
improvements have been completed in accordance with the approved plan and may
be inspected. Upon receipt of such notice, the Zoning Administrator shall be
responsible for the inspection of the improvements to determine that the useful life
of all work performed meets the average standards for the particular industry,
profession, or material used in the performance of the work. Any required work
failing to meet such standards shall not be deemed to be complete and the applicant
shall be notified in writing as to required corrections. Upon determination that the
work has been completed, including the winter season survivability of all landscape
improvements, a notice of the date of actual completion shall be given to the
applicant and appropriate action, to release or to reduce the amount of the financial
guarantee shall be taken by the Zoning Administrator.
viii. Minnesota State Building Code. The review and approval of site improvements pursuant
to the requirements of building codes shall be in addition to the site plan review process
established under this Section. The site plan approval process does not imply compliance
with the requirements of these building codes.
(5) Supplemental Procedures for Administrative Permits.
i. The procedures as set forth in Section 153.500.XXX of this Chapter shall be waived if the
application and related materials are in compliance with the applicable evaluation criteria,
codes, ordinances and applicable performance standards set forth in this chapter. If, it is
determined that the proposed use is not in compliance, the Zoning Administrator shall
refer the Application to the appropriate procedures as defined by this Chapter.
ii. The Zoning Administrator shall consider possible adverse effects of the proposed events
or activity. Judgment shall be based upon (but not limited to) the following factors:
a. The use will be in compliance with and shall not have a negative effect upon the
Comprehensive Plan, including public facilities and capital improvement plans.
b. The establishment, maintenance or operation of the use, event or activity will
promote and enhance the general public welfare and will not be detrimental to or
endanger the public health, safety, morals or comfort.
c. The use, event, or activity will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
Section 153.500 15
substantially diminish and impair property values within the neighborhood.
d. The establishment of the use, event or activity will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
e. Adequate public facilities and services are available or can be reasonably provided to
accommodate the use, event or activity which is proposed.
f. The use, event or activity and site shall, in all other respects, conform to the applicable
regulations of the district in which it is located and all other applicable provisions of
this Chapter.
iii. A written permit shall be issued to the applicant when a determination of compliance has
been made. Specific conditions to assure compliance with applicable evaluation criteria,
codes, ordinances, and the standards of this Chapter shall be attached to the permit.
iv. Denial of an application due to non-compliance with applicable codes, ordinances, and
the standards of this Chapter shall be communicated to the applicant in writing. Within
10 days of the date of such notice, the applicant may submit revised plans and/or
information, which shall be evaluated by the Zoning Administrator to determine
compliance.
v. Unresolved disputes as to administrative application of the requirements of this paragraph
shall be subject to appeal as defined by Section 153.500.XXX of this Chapter.
vi. Administration and Enforcement.
a. The Zoning Administrator shall keep a record of applications and administrative
permits.
b. A copy of all administrative permits issued shall be forwarded to appropriate staff as
determined by the Zoning Administrator.
c. Enforcement of the provisions of this paragraph shall be in accordance with Section
153.500.XXX of this Chapter. Violation of an issued permit or of the provisions of
this Section also shall be grounds for denial of future permit applications.
vii. Expiration.
a. An administrative permit for an event or activity shall become null and void upon
completion of the event or activity that required the permit, or as may otherwise be
specified on the face of the administrative permit issued by the City.
b. Uses requiring an administrative permit. Unless otherwise specified by the Zoning
Administrator, an administrative permit required for a use or structure shall become
null and void pursuant to the provisions of Section 153.500.XXX of this Chapter.
(6) Supplemental Procedures for Administrative Permits for Land Alteration and Grading.
i. Applicability. A grading, erosion and sediment control plan shall be submitted and an
Administrative Permit obtained for the following activities:
a. Land alteration and grading of 10 cubic yards or more of material added to or
removed from the site or excavated within the site; and/or the disturbance of land area
Section 153.500 16
of 600 square feet or more.
b. All major or minor subdivisions.
c. Any excavating, grading or filling or change in the earth’s topography in any
designated wetland or public water, wetland setback area, bluff setback or bluff impact
area, floodplain, shoreland district or the St. Croix River District.
d. Any land alteration or development activity, regardless of size, that the City
determines is likely to cause an adverse impact to an environmentally sensitive area, to
another public property or to a City right-of-way.
ii. Exemptions. A permit is not required for the following:
a. Installation and maintenance of home gardens or minor landscaping where the total
volume of earth disturbed does not exceed 10 cubic yards of graded or fill material
added to or removed from the site or excavated within the site.
b. Routine agricultural activities such as tilling, planting, harvesting, and associated
activities.
c. Cemetery graves.
d. Driveways permitted in conjunction with a building permit provided there is less than
10 cubic yards of land alteration or grading of material added to or removed from the
site or excavated within the site and/or the disturbance of land area of 600 square feet
or less.
e. Regular maintenance of existing driveways.
f. Emergency work necessary to protect life, limb or property.
g. Mining and Related Activities that regulated by Chapter 154 of the City’s Code of
Ordinances.
iii. Other Permits. The applicant may be required to obtain additional permits from other
regulation agencies having jurisdiction over the land alteration activities. It shall be the
responsibility of the Applicant to obtain all required permits.
iv. General Standards. The following general standards shall apply for grading, drainage and
erosion control:
a. All development shall conform to the natural limitations presented by the topography
and soil as to minimize the potential for soil erosion.
b. Slopes over 25% (4:1) shall not be altered.
c. Development on slopes with a grade between 12% (8:1) and 25% (4:1) shall be
carefully reviewed to ensure adequate measures have been taken to prevent soil
erosion, sedimentation, vegetative, and structural damage.
d. Plans to place fill or excavated material on steep slopes (greater than 18%) shall be
reviewed by the City Engineer for slope stability, and shall not create finished slopes
of 30 percent or greater.
e. Erosion and siltation measures shall be coordinated with the different stages of
Section 153.500 17
development. Appropriate control measures shall be installed prior to development
when necessary to control erosion.
f. Land shall be developed in increments of workable size such that erosion and siltation
controls can be provided as construction progresses. The smallest practical area of the
land shall be exposed at any one period of time.
g. The drainage system shall be constructed and made operations as quickly as possible
during construction.
h. Whenever possible, natural vegetation shall be retained and protected.
i. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading
over the disturbed area. The soil shall be restored to a depth of 4 inches and shall be of
quality at least equal to the soil quality prior to development.
j. Erosion and sediment control measures shall be maintained until final vegetation
cover is established to a density of 70%.
k. All temporary erosion and sediment control BMP’s will be removed after the
permanent erosion and sediment control BMP’s have been implemented and the site
has been permanently stabilized.
v. Inspection Procedures. The applicant shall promptly allow the City and its authorized
representatives, upon presentation of credentials, to:
a. Enter upon the permitted site for the purpose of obtaining information, examination
of records, conducting investigations, inspection or surveys.
b. Bring such equipment upon the permitted site as is necessary to conduct such surveys
and investigations.
c. Inspect the erosion and sediment control measures.
d. The applicant shall notify the City when the measures required by the permit have
been accomplished on site, whereupon the City may conduct an initial inspection to
determine compliance with this Section, and may within a reasonable time thereafter
report to the applicant either that compliance appears to have been achieved, or that
compliance has not been achieved. In that case, the City shall provide a correction
notice identifying the conditions of noncompliance. The applicant shall immediately
begin corrective action and shall complete such corrective action within 48 hours of
receiving the City’s notice. For good cause shown, the City may extend the deadline
for taking corrective action. Failure to take corrective action in a timely manner shall
constitute a violation of this Chapter. The City shall not be responsible for direct or
indirect consequences to the applicant or to third-parties for non-compliant
conditions undetected by inspection.
vi. Enforcement. Whenever the Zoning Administrator finds any violation of this Chapter,
the Zoning Administrator shall issue a stop work order. Such stop work order is subject to
the following conditions:
a. The stop work order shall be in writing and shall be given to the applicant or the
applicant’s agent. The stop work order shall state the reason for the order.
Section 153.500 18
b. Upon issuance of the stop work order, the cited work shall immediately cease.
The stop work order may be issued for a reasonable period to be determined by the
City during which time the applicant will be allowed to correct the identified
violation.
c. If the violations cannot be corrected within the time frame determined by the City,
the applicant may seek an extension of the stop work order for such additional period
of time as allowed by the Zoning Administrator.
d. If the applicant does not contest the stop work order and corrects the identified
violations within the designated period, the applicant may immediately commence
further activity at the site. The City will inspect the site to verify correction of the
violations.
e. If the violations are not corrected within the designated period (with extensions), the
City may correct the cited violations and draw down the escrow to cover the cost.
f. Any person who shall continue any cited work after having been served with a stop
work order, except such work as is necessary to correct the cited violations, shall be
subject to penalties as stated in Section 153.500.XXX.
g. The City shall inspect the site before the construction project work can resume.
153.500.060 Submission Requirements for Land Use Applications.
Subd. A. Submission Requirements for Land Use Applications. All Land Use Applications shall include the
following submission materials. The Zoning Administrator shall provide assistance to the applicant to
determine the applicable application type based on the proposed request. All Land Use Applications shall be
submitted both electronically and hard copy and the number of hard copies shall be determined by the
Zoning Administrator.
(1) Submission Requirements for Pre-Application Concept Plan Review. Any applicant for a
Land Use Application may request a Concept Plan review prior to submission of a formal application. The
Concept Plan may be conceptual and may include the following related materials:
i. A brief narrative of the following:
a. Description of the proposed use and/or request.
b. Statement of proposed density of the project, with the method of calculating the
density.
c. Description of proposed sewage disposal facilities, water service, and storm drainage.
d. Proposed schedule of development.
e. Information on the proposed developer.
f. Acknowledgement from the Owner, if the Owner is different than the applicant
indicating support of the applicant’s request.
ii. A drawing to scale of the proposed site, such drawing may include an aerial with parcel
boundaries.
Section 153.500 19
iii. General location of proposed structures.
iv. Tentative street arrangements, both public and private.
v. Amenities to be provided such as recreational areas, open space, walkways, etc.
vi. General location of parking areas.
vii. Topographic contours at 10 foot or 2 foot intervals.
viii. Wetland delineation or general location of wetlands from the National Wetlands
Inventory.
ix. Other information or materials useful in reviewing the Concept Plan.
(2) Submission Requirements for Site Plan Review of Minor Projects and Major Projects.
Section 153.500.050 Subd. C (4)iii of this Chapter provides the procedures for determining the classification
of a project as Minor or Major. The submission requirements for both Minor and Major Projects are
generally the same, and consist of the materials as identified in the following Sections:
i. Narrative. A narrative of the proposed project and use shall accompany all Site Plan
applications. The narrative shall include:
a. Description of the proposed Project request and operations.
1. Conditional Use Permit or Interim Use Permit Application. All requests for
conditional or interim use shall include a description of the number of employees,
anticipated site activity including number of visitors, hours of operations, and any
other information that descripted onsite operations and activities.
2. Variance Application. All requests for variance from this Chapter shall include a
description of the Practical Difficulties of the Project present.
b. Proposed schedule of development of the Project or phasing, if applicable.
c. Identification of any other agencies contacted that may have jurisdiction over the
proposed Project.
ii. Plan Set Requirements. A Plan Set shall accompany all Site Plan application submissions
which shall include, but not be limited to, the following drawings: the Site Plan,
Grading/Storm Water Drainage Plans, and Landscape Plan. All submitted Plan Sets shall
include the follow information on the Title Sheet, with individual plans of the Plan Set
appropriately labeled with title, scale, date and signature of licensed preparer:
a. Name and address of developer/owner.
b. Name and address of architect/designer.
c. Date of plan preparation.
d. Dates and description of all revisions.
e. Name of project or development.
f. Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
g. North point indication
Section 153.500 20
iii. Site Plan. The Site Plan shall include, but may not be limited to, the following:
a. Lot dimension and area.
b. Required and proposed setbacks.
c. Location, setback and dimension of all buildings on the lot including both existing
and proposed structures.
d. Contours, streets, utilities, and structures located within 100 feet of the exterior
boundaries of the property in question.
e. Proposed parking lot layout and configuration clearly identifying the number of
standard and ADA compliant stalls and the dimensions of existing and proposed
parking spaces.
f. Location, number, and dimensions of existing and proposed loading spaces
g. Curb cuts, driveways.
h. Vehicular circulation.
i. Sidewalks, walkways.
j. Lighting Plan. The plan shall depict all exterior lighting for the project and must
include:
1. Location of all exterior lighting by type.
2. Description, including but not limited to catalog cut sheets by manufacturers and
drawings, of the illuminating devices, fixtures, lamps, supports, reflectors, and
other devices proposed.
3. Mounting height of all luminaires.
4. Hours of illumination.
5. Photometric data, such as that furnished by manufacturers showing the angle of
cutoff or light emissions. Photometric data need not be submitted when the
shielding of a fixture is obvious to the Zoning Administrator.
6. Signature of registered engineer or certified lighting professional who prepared the
plan.
k. Location of recreational and service areas.
l. Location of rooftop equipment and proposed screening.
m. Provisions for storage and disposal of waste, garbage, and recyclables.
n. Location, sizing, and type of water service and sewage disposal facilities and proposed
service connections.
iv. Grading/Storm Water Drainage Plan. The Grading/Storm Water Drainage Plan shall
include, but may not be limited to:
a. Existing contours at 2 foot intervals.
b. Proposed grade elevations, 2 foot maximum intervals.
Section 153.500 21
c. Drainage plan including configuration of drainage areas and calculations.
d. Storm sewer, catch basins, invert elevations, type of castings, and type of materials.
e. Spot elevations.
f. Proposed driveway grades.
g. Surface water ponding and treatment areas.
h. Erosion control measures.
i. Impervious surface areas
j. An explanation of significant changes to site vegetation and tree clearing.
v. Landscape Plan. The Landscape Plan shall contain, but may not be limited to, the following:
a. Existing landscaping: location, size and common name of all existing significant trees
for all areas of a site that will be disturbed or graded. For changes to developed sites,
the location, size and common name of all existing trees and shrubs on the site all
areas of the site that will be disturbed or graded.
b. Planting Schedule (table) containing the following Symbols:
1. Quantities.
2. Common names.
3. Botanical names.
4. Sizes of plant material.
5. Root specification (bare root, balled and burlapped, potted, etc.)
6. Special planting instructions.
c. Tree preservation plan and reforestation plan, as may be applicable pursuant to
Section 153.500.XXX of this Chapter.
d. Planting detail (show all species to scale at normal mature crown diameter or spread
for local hardiness zone).
e. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas,
berms and the like.
f. Typical sections of landscape islands and planter beds with identification of materials
used.
g. Details of planting beds and foundation plantings.
h. Note indicating how disturbed soil areas will be restored through the use of sodding,
seeding, or other techniques.
i. Delineation of both sodded and seeded areas with respective areas in square feet.
j. Coverage plan for underground irrigation system, if any.
Section 153.500 22
k. Where landscape or man-made materials are used to provide screening from adjacent
and neighboring properties, a cross-through section shall be provided showing the
perspective of the site from the neighboring property at the property line elevation.
l. Other existing or proposed conditions which could be expected to affect landscaping.
vi. Other Plans and Information. The following materials shall accompany the submission if
required by the Zoning Administrator:
a. Legal description of property under consideration.
b. Proof of ownership of the land for which a site plan approval has been requested.
c. Architectural elevations of all principal and accessory buildings (type, color, and
materials used in all external surfaces).
d. “Typical” floor plan and “typical” room plan.
e. Extent of and any proposed modifications to land within any applicable Overlay
Districts as described and regulated by this Chapter, or of Chapters 154, 155 and 156.
f. Type, location and size (area and height) of all signs to be erected upon the property
in question.
Subd. B Administrative Permit Information Requirement. The information required for all
administrative permit applications shall include:
(1) A concise statement describing the proposed use, event or activity, including the purpose,
type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-
site security, provisions for on-site parking, and other pertinent information required by the Zoning
Administrator to fully evaluate the application.
(2) A copy of the approved site plan for the property or an “as built” survey which accurately
represents existing conditions on the site, including entrances and exits, bona fide parking and driving areas,
and which accurately indicates any proposed temporary structures, including tents, stands, and signs.
(3) An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is
necessary to properly evaluate the application.
(4) A copy of the current sales tax certificate issued by the State of Minnesota, if applicable.
(5) Information identified in Subd. A of this Section, as may be applicable.
Subd. C Administrative Permit for Land Alteration and Grading. Any person, firm, sole
proprietorship, partnership, corporation, state agency, or political subdivision proposing a land disturbance
activity within the City shall apply to the City for an Administrative Permit for Grading, Erosion and
Sediment Control. The application shall include the following:
(1) An application shall be made on the required form of the City.
(2) The first sheet of the plans shall give the location of the work and the name and address of
the owner and person who prepared the plans.
(3) Finished Grade Plan. The grading plan shall clearly indicate the location of the proposed
land disturbing activities. Existing and proposed topography shall be shown at contour intervals not to exceed
2-feet. Drainage patterns shall be clearly shown using arrows depicting the direction f flow.
(4) Erosion and Sediment Control Plan. The erosion and sediment control plan shall be
prepared by a qualified professional. The plan shall include at a minimum the lot boundaries, name, address
and telephone number of the party responsible for maintenance of the sediment control measures, easement
Section 153.500 23
areas, building locations, drainage directions indicated by arrows, location of construction site access,
stockpiles, trash containers, concrete washout area, and all proposed temporary and permanent erosion and
sediment control measures. The application shall document that the applicant has applied for an NPDES
Permit from the Minnesota Pollution Control Agency, if applicable.
(5) At a minimum, the grading, erosion and sediment control measures shall conform to those
for Erosion Prevention and Sediment Control included in the current version of the Minnesota Pollution
Control Agency’s Manual “Protecting Water Quality in Urban Areas.”
(6) The City may require additional erosion and sediment control measures for sites draining to
Outstanding Resource Value Waters (ORVW) identified by the State of Minnesota, or for slopes leading to a
sensitive, impaired or special water body to assure retention of sediment on site.
(7) A permit fee shall be paid by the applicant prior to issuing any permit. The fee shall cover
review of the application and typical inspections for enforcement. Any inspection and administration of the
permit triggered by a notice of violation are not included in this fee.
(8) The applicant will be required to file with the City an escrow to cover the City’s costs for
failure by the applicant to make repairs or improvements installed on the site, and any costs associated with a
Notice of Violation. The project will be considered complete and the escrow released when the site has
reached final stabilization. The applicant is required to inform the City when the site has reached stabilization
and the City may complete a final compliance inspection.
(9) Grading, Erosion and Sediment Control permit applications will be reviewed by the Zoning
Administreator, and as deemed necessary, by the City Engineer. Applications may also be referred to a
watershed district, watershed management organization, or to other agencies for review and comment.
153.500.060 Procedures for Subdivision
Subd. A Premature Subdivision. Premature Subdivision is prohibited. Any proposed subdivision
deemed premature for development shall not be approved by the City Council.
(1) Premature Subdivision Defined. A subdivision shall be deemed premature if the Council
determines that any of the following conditions exist. The burden of proof shall be upon the subdivider to
show that the proposed subdivision is not premature.
(2) Inconsistent with the Comprehensive Plan. A proposed subdivision may be deemed
premature if it is inconsistent with the goals, policies, or implementation strategies of the City’s
Comprehensive Plan, as may be amended. Application to amend the Comprehensive Plan and/or zoning map
may be made simultaneously with an application for subdivision approval, however, a subdivision application
will not be considered for approval by the City Council until and unless any necessary Comprehensive Plan
amendment and/or rezoning application is approved by the Council.
(3) Inconsistent with the Capital Improvements Program. A proposed subdivision may be
deemed premature if it is inconsistent with the capital improvements program because public improvements,
facilities, or services necessary to accommodate the proposed subdivision would not be completed within two
years of the date of application.
(4) Lack of Adequate Sewage Treatment Systems. A proposed subdivision may be deemed
premature if sanitary sewer is neither available nor proposed; or if sewage treatment cannot be achieved onsite.
(5) Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision may be deemed
premature if:
Section 153.500 24
i. Streets which serve the proposed subdivision are of such a width, grade, stability, vertical and
horizontal alignment, site distance or surface condition that the traffic volume generated by
the proposed subdivision would create a hazard to public safety and general welfare, or
would seriously aggravate an existing hazardous condition; or
ii. The traffic volume generated by the proposed subdivision would create congestion or unsafe
conditions on existing or proposed streets.
(6) Lack of Adequate Drainage. A proposed subdivision may be deemed premature if:
i. surface or subsurface water retention and runoff is such that it constitutes a hazard to the
stability of proposed or existing structures; or
ii. the proposed subdivision would cause pollution of water sources or would cause damage
from erosion or siltation on downstream property; or
iii. factors including, but not limited to, the presence of floodplain, poor soils or subsoils, or
steep slopes exist in such a manner as to preclude adequate site drainage or treatment of
runoff.
(7) Inconsistent with Environmental Requirements. A proposed subdivision may be deemed
premature if it is inconsistent with the rules and policies of the Minnesota Environmental Quality
Board, as may be amended, and could adversely impact critical environmental areas, or potentially
disrupt or destroy, in violation of State historical preservation laws, historic areas which are
designated or officially recognized by the City Council.
Subd. B Lot Consolidation/Lot Line Adjustments. The lot consolidation/lot line adjustment
process provides a simple administrative procedure for the consolidation of 2 or more lots into 1 parcel, or to
adjust a common lot line affecting existing parcels. In areas that are defined, and land descriptions are simple,
the City may permit the conveyance of land using metes and bounds descriptions or without the preparation
and recording of a plat. In areas which are not well defined, or where lots are irregular in shape and/or are
included in more than one plat, the City may require that lot consolidation/lot line adjustment occur through
the major or minor subdivision platting requirements of this Section.
(1) Criteria for Lot Consolidation/Lot Line Adjustment. This procedure is limited to situations
meeting all of the following criteria:
i. Parcels resulting from these procedures must be consistent with all requirements of this
Chapter and other applicable regulations. Such configuration may not result in a new
buildable parcel.
ii. Lot line adjustments shall be made for the purpose of adding a parcel of land to an abutting
lot or to otherwise exchange property between adjacent lots. Newly acquired land must be
combined on the same deed for recording purposes as the remainder of the owner’s property.
iii. Any easements that become unnecessary as a result of the combination of parcels must be
vacated. A request to vacate easements shall be made concurrently with the application for
lot consolidation/lot line adjustment. Review of the easement vacation request, including any
public hearings and City Council action, shall be completed before action may be taken on
the application for lot consolidation/lot line adjustment.
Section 153.500 25
iv. New easements shall be established as appropriate.
(2) Procedures.
i. Requests for lot consolidation or lot line adjustment shall be filed with the Zoning
Administrator on an official application form. The applicant’s signature shall be provided on
the application form. Additionally, if the applicant is not the fee owner of the property, the
fee owner’s signature shall also be provided on the application form, or the applicant shall
provide separate written and signed authorization for the application from the fee owner.
ii. Applications shall be accompanied by 1) a fee as set forth by the City’s adopted fee schedule;
2) narrative describing the proposed request; and 3) a survey prepared by a licensed surveyor
with legal descriptions. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified information requirements.
iii. The Zoning Administrator shall review the application and required information to
determine conformance with the Comprehensive Plan and this Chapter, and may request
reports from other staff or consultants as necessary to review the application. The Zoning
Administrator may give final approval if all requirements are met, with any conditions as
deemed necessary to ensure compliance with this Chapter. Unless a request for additional
review time is requested by the Zoning Administrator, action on the application shall be
taken within 60 days after a complete application is submitted.
iv. If an application for lot consolidation or lot line adjustment is denied by the Zoning
Administrator, the applicant may appeal to the City Council as the Board of Adjustment and
Appeals as provided in Section 153.500.XXX of this Chapter.
Subd. C Minor Subdivision. The purpose of the minor subdivision process is to allow the City to
waive certain procedures and requirements of a major subdivision. The purpose is to reduce the time and
accost to the property owner for dividing land in locations and situations that are well defined and where no
new public infrastructure is required. The minor subdivision process allows concurrent review and approval of
a Preliminary and Final Plat.
(1) Criteria for Minor Subdivision. Minor subdivisions are limited to situations meeting all of the
following criteria:
i. The parcel of land has not been part of a minor subdivision within the last 5 years.
ii. The minor subdivision shall result in 3 or fewer parcels.
iii. All contiguous parcels in common ownership shall be included in the Minor Subdivision
application.
iv. The subdivision shall not be premature based on the criteria in Section 153.500.060 Subd. A
of this Chapter.
v. All parcels resulting from the minor subdivision shall not conflict with any provision of the
Comprehensive Plan.
vi. The applicant shall enter into a development agreement specifying the number of density
units allocated among the parcels, if required by the City Council.
vii. All parcels resulting from the minor subdivision shall meet all applicable requirements of this
Chapter including but not limited to density, lot size, lot width, minimum frontage on a
Section 153.500 26
public road unless a variance from a dimensional standard has been approved according to
procedures set forth in Section 153.500.XXX.
viii. No new public rights-of-way or streets shall be necessary for or created by the subdivision.
ix. Streets, utility easements, drainage easements or public park land or cash in lieu of land shall
be dedicated or paid as required by the City.
x. All wetland areas and DNR protected waters shall be protected with a conservation easement
up to the 100-year flood elevation or the wetland boundary, whichever is more restrictive,
and any other requirements of the DNR.
xi. The minor subdivision shall comply with all applicable requirements of the road authority,
including access spacing and location criteria for sight distances if located adjacent to a state
or county highway, and/or of the watershed district(s) in which it is located.
(2) Procedures. The procedures of the Minor Subdivision process shall be the same as those stated in
Subd. D Major Subdivision for Preliminary Plat and Final Plat. The Zoning Administrator shall
consider and determine the procedures and submission requirements that may be omitted as part of
the Minor Subdivision process and shall base the requirements on the complexity of the request. The
following specific standards for Minor Subdivisions are provided and supersede the requirements
stated in Subd. D of this Section.
i. Before any contract is made for the sale of any part thereof, and before any permit for the
erection of any structure on such proposed subdivision shall be granted, the owner or
developer shall file an application and secure approval of a minor subdivision.
ii. The minor subdivision process shall not be required to complete the Concept Review as
described in Subd. D(X) of this Section.
iii. Notice of the public Hearing shall be mailed at least 10 days prior to the hearing to all
owners of land within 500 feet of the boundary of the property.
iv. Prior to the certification by the City of the approval of the minor subdivision the applicant
shall submit the final plat for signature, supply the deed(s) granting the City any easements
required by the City and pay any required fees.
v. Whenever an application for a minor subdivision has been considered and denied by the
City Council, a similar application for a minor subdivision affecting substantially the same
property shall not be considered again by the Planning Commission or City Council for at
least six (6) months from the date of its denial unless a decision to reconsider such matter is
made by a majority vote of the entire City Council.
vi. Recording of Documents.
a. The applicant shall, immediately upon receipt of recorded document(s) from the
County Recorder, furnish the City Clerk with a copy of the document(s) showing
evidence of the recording. No building permits shall be issued for construction of
any structure on any lot in the minor subdivision until the City has received
evidence of the document(s) being recorded and that all conditions of approval have
been met.
Section 153.500 27
Subd. D Major Subdivision. The Major Subdivision process shall include three distinct phases to
complete the process: Concept Review, Preliminary Plat and Final Plat. The following procedures of each
phase is provided.
(1) Concept Review. To ensure that all applicants are informed of the procedural requirements and
minimum standards of this Chapter, and the requirements or limitations imposed by other City
regulations prior to the development of a preliminary plat, the subdivider shall present a Concept
Plan to the Zoning Administrator and optionally to the Planning Commission. Any opinions or
comments provided on the concept plan shall be considered advisory only and cannot be construed as
approval or denial of the proposed plat.
i. Requests for Concept Plan review shall be submitted to the Zoning Administrator on an
official application form. The applicant’s signature shall be provided on the application
form. Additionally, if the applicant is not the fee owner of the property, the fee owner’s
signature shall also be provided on the application form, or the applicant shall provide
separate written and signed authorization for the application from the fee owner. Such
application shall be accompanied by 1) a fee as set forth by the City’s adopted fee schedule,
2) detailed written and graphic materials fully explaining the proposed subdivision and 3) a
list of property owners within 1,320 feet of the subject property in a format prescribed by the
Zoning Administrator, if review by the Planning Commission is requested and/or is
recommended by the Zoning Administrator.
ii. The Zoning Administrator may refer the application to the appropriate staff and consultants
for review and preparation of informal comments on the concept plan. If review by the
Planning Commission has been requested by the applicant or by the Zoning Administrator,
the Zoning Administrator shall provide notice of the meeting at which the Planning
Commission will review the concept plan to all owners of land within 1,320 feet of the
boundary of the property in question. Failure of a property owner to receive said notice shall
not invalidate any of the proceedings as set forth in this Chapter.
iii. The Zoning Administrator may refer the concept plan to the Park and Recreation
Committee to secure its recommendation as to the location of any property that should be
dedicated to the public, such as parks, playgrounds, trails, open space or other public
property.
iv. The Planning Commission shall review the concept plan with the subdivider and provide
comments on the concept plan. The Planning Commission shall have the prerogative and
authority to refer the concept plan to the City Council for discussion, review, and informal
comment. The Planning Commission and/or City Council will take no formal or informal
action at this stage of review and discussion that occurs at this stage cannot be construed as
approval or denial of the proposed plat.
(2) Preliminary Plat. After receiving comments during concept review, the applicant may file a
preliminary plat. The preliminary plat contains a full plan set to clearly depict the proposed site
development and subdivision. The following preliminary plat procedure are required:
i. Requests for preliminary plat approval shall be filed with the Zoning Administrator on an
official application form. The applicant’s signature shall be provided on the application
form. If the applicant is not the fee owner of the property, the fee owner’s signature shall also
Section 153.500 28
be provided on the application form, or the applicant shall provide separate written and
signed authorization for the application from the fee owner.
ii. The Application shall be accompanied by a fee as set forth by the City’s adopted fee
schedule.
iii. Detailed written and graphic materials as provided by in 153.500.070.
iv. A list of property owners located within 1,320 feet of the subject property in a format
prescribed by the Zoning Administrator.
v. The application shall be considered as being officially submitted when the applicant has
complied with all the specified information requirements.
vi. The Zoning Administrator shall forward a copy of the application for a preliminary plat
abutting any existing or proposed trunk highway, county road or highway or county state-aid
highway to the Minnesota Department of Transportation and/or Washington County
Highway Department for review and comment. Final action on preliminary plat shall not be
taken until comments and recommendations have been received or until the minimum 30-
day review period has elapsed.
vii. The Zoning Administrator shall forward a copy of the application for a preliminary plat
within a Shoreland Overlay District and/or Floodplain Management District to the
Department of Natural Resources (DNR) and to the applicable Watershed District(s).
viii. Upon receipt of a complete application, as determined by staff review, and following
preliminary staff analysis of the application and request, the Zoning Administrator, when
appropriate, shall set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its findings and make recommendations
to the City Council.
ix. Public Hearing Notice. Notice of said hearing shall consist of a legal property description
and a description of the request, which shall be published in the official newspaper at least 10
days prior to the hearing and written notification of said hearing shall be mailed at least 10
days prior to the hearing to all owners of land within 1,320 feet of the boundary of the
property in question. Failure of a property owner to receive said notice shall not invalidate
any such proceedings as set forth within this Chapter.
x. Staff Analysis. The Zoning Administrator shall instruct the appropriate staff persons to
prepare technical reports where appropriate, and to provide general assistance in preparing a
recommendation on the action to the Planning Commission and City Council.
xi. Planning Commission Consideration. The Planning Commission shall consider a
preliminary plat application, as follows:
a. The Planning Commission shall review the preliminary plat and conduct the official
public hearing.
b. The subdivider or representatives thereof may appear before the Planning Commission
to present information and answer questions concerning the proposal.
Section 153.500 29
c. The Planning Commission and staff shall have the authority to request additional
information from the subdivider concerning the proposal, as deemed necessary to
formulate a recommendation on the proposal.
d. The Planning Commission shall recommend approval of the preliminary plat if it in all
ways conforms with the City’s Comprehensive Plan and this Chapter. The Commission
shall recommend denial of the preliminary plat if it makes any of the following findings:
1. That the proposed subdivision is in conflict with the City’s Comprehensive Plan,
this Chapter, Capital Improvements Program, or other policy or regulation.
2. That the physical characteristics of the site, including but not limited to topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water
storage, and retention, are such that the site is not suitable for the type or intensity
of development or use contemplated.
3. That the design of the subdivision or the proposed improvements are likely to cause
substantial and irreversible environmental damage.
4. That the design of the subdivision or the type of improvements will be detrimental
to the health, safety, or general welfare of the public.
5. That the design of the subdivision or the type of improvement will conflict with
easements on record or with easements established by judgment of a court.
6. That the subdivision is premature as determined by the standards of this Chapter.
xii. City Council Consideration. The City Council shall consider a preliminary plat application,
as follows:
a. Upon receiving the reports and recommendations of the Planning Commission and
staff, the City Council shall consider the application. The Council shall have the option
of receiving additional testimony on the matter if it chooses.
b. The Council shall either approve or deny the application.
c. Approval of a preliminary plat shall require passage by a majority vote of the entire City
Council. Such approval shall constitute general acceptance of the layout, but shall not
constitute final acceptance of the subdivision. Subsequent approval of a final plat will be
required before recording of the plat. The Council may require plan revisions and may
impose conditions upon approval, as deemed necessary to protect the health, safety, and
general welfare of the City.
d. If a preliminary plat is denied by the City Council, the reasons for such action shall be
recorded in the Council proceedings and transmitted to the applicant.
xiii. Effect of Approval. For one year following preliminary plat approval, unless the subdivider
and City agree otherwise, no amendment to the Comprehensive Plan or other official
controls shall apply to or affect the use, development density, lot size, or lot layout that was
approved.
xiv. Effect of Denial. If a preliminary plat application is denied by the City Council, a similar
application for a preliminary plat affecting substantially the same property shall not be
Section 153.500 30
considered again by the Planning Commission or City Council for at least six months from
the date of its denial.
xv. Expiration of Preliminary Plat Approval. Unless the City Council specifically approves a
different time period, the approval of a preliminary plat shall expire one year from the date it
was approved, unless the applicant has filed a complete application for approval of a final
plat; or, unless before expiration of the one year period, the applicant submits a written
request for an extension thereof. Such request for an extension shall include the following: 1)
an explanation for why a final plat has not been applied for, 2) what, if any, good faith
efforts have been made to complete the platting process, and 3) the anticipated completion
date. The Zoning Administrator may approve up to two such extensions of not more than
one additional year per extension.
(3) Final Plat. Application for final plat approval may be made following approval of a preliminary plat.
The application shall be in substantial compliance with the approved preliminary plat, including any
modifications required as a condition of preliminary plat approval.
i. Filing. Requests for final plat approval shall be filed with the Zoning Administrator on an
official application form. The applicant’s signature shall be provided on the application form.
Additionally, if the applicant is not the fee owner of the property, the fee owner’s signature shall
also be provided on the application form, or the applicant shall provide separate written and
signed authorization for the application from the fee owner. Such application shall be
accompanied by 1) a fee as set forth by the City’s adopted fee schedule and 2) detailed written
and graphic materials as provided by this Section. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the specified
information requirements.
ii. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoning
Administrator shall refer copies of the final plat to the City staff and other applicable public
agencies as needed in order to receive written comments. The Zoning Administrator shall
instruct the appropriate staff person to coordinate an analysis of the application, prepare
technical reports and coordinate preparation of the development agreement, and assist in
preparing a recommendation to the City Council.
iii. City Council Consideration. The City Council shall consider a final plat as follows:
a. Approval of a final plat and any related development agreement shall require passage by a
majority vote of the entire City Council. The Council may require such revisions in the
final plat as it deems necessary for the health, safety, general welfare and convenience of
the City.
b. If a final plat is denied by the City Council, the reasons for such action shall be recorded in
the Council proceedings and transmitted to the applicant.
iv. Recording of Final Plat. If the final plat is approved and signed by the Mayor and City officials,
the subdivider shall record the final plat with the County Recorder or the Registrar of Titles. No
changes, erasures, modifications or revisions shall be made in any final plat after approval has
been given by the City Council and endorsed in writing on the plat.
Section 153.500 31
v. Effect of Approval. For two years following final plat approval, unless the subdivider and City
agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply
to or affect the use, development density, lot size, or lot layout that was approved.
vi. Expiration of Final Plat Approval. Unless the City Council specifically approves a different time
period, the approval of a final plat shall expire two years from the date it was approved, unless
the applicant has recorded the final plat with Washington County; or, unless before expiration
of the two-year period, the applicant submits a written request for an extension thereof. Such
request for an extension shall include the following: 1) an explanation for why a final plat has
not been filed, 2) what, if any, good faith efforts have been made to complete the platting
process, and 3) the anticipated completion date. The Zoning Administrator may approve one
such extension for a term not to exceed one additional year. Additional extensions may be
approved by the City Council.
153.500.070 Submission Requirements for Subdivision
Subd. A Concept Review, Preliminary Plat and Final Plat Submission Information. The following
sections provide the required submission information by each phase of the subdivision process.
(1) Concept Review. The applicant shall prepare and submit the required number of copies of a
Concept Plan containing the following information:
i. Narrative. A narrative of the proposed subdivision and its purpose shall include the following:
a. Current Zoning of the Property.
b. Description and statement of the proposed density of the subdivision and method for
calculating the density.
c. Description of the Land Development Design as described in Section 153.500.XXX of this
Chapter.
ii. A scale drawing of the proposed site with reference to existing development within 500 feet of
the proposed site.
iii. Resource Inventory. The Resource Inventory shall include:
a. Hydrologic characteristics, including surface water bodies, floodplains, wetlands, natural
swales and drainageways.
b. Topographic contours at 2-foot intervals.
c. Context: general outlines of existing buildings, land use, and natural features such as wooded
areas, roads and property boundaries within 500 feet of the tract. This information may be
presented on an aerial photograph at a scale of no less than 1 inch equals 200 feet.
iv. Proposed general street and lot layout with lot sizes of individual parcels designated.
v. General location of proposed public and private open space areas, recreational areas, sidewalks,
trails, etc.
vi. Current zoning of the property.
Section 153.500 32
vii. Any additional information that may be required to explain the concept plan. Concept plans for
Open Space Conservation Design Subdivisions shall meet all requirements of Section
153.XXX.XXX of this Chapter.
(2) Preliminary Plat. An application for Preliminary Plat shall be comprised of the Preliminary
Plat Plan Set, and the following requirements shall apply to all submission materials:
i. Drawings, General Requirements. Drawings must meet all following specifications:
a. Be at a scale of 1 inch equals 50 feet (1” = 50’) or less using an engineer’s scale only.
b. Be on paper not exceeding 24 inches by 36 inches.
c. Include a title, and north point indication, the name and address of the subdivider, and the
name and address of the designer of the drawing.
d. Include a signature of the person who prepared the drawing, together with any registration,
license number or other professional certification number or title.
e. Provide the date of preparation and any revisions.
f. Full Size Subdivision Plan Set. The subdivider shall provide complete full-sized (22 inches
by 34 inches) assembled sets of the drawings in the number specified by the Zoning
Administrator. An additional full-sized set of the drawings shall be provided in each of the
following cases:
1. If the plat contains or abuts a county road; or
2. If the plat contains or abuts a state highway; or
3. If the plat contains or abuts a wetland or shoreland district.
g. Reductions. The subdivider shall provide complete, assembled sets of the drawings reduced
to half scale at 11 inches by 17 inches, and copies of the final plat reduced to 8.5 inches by
11 inches, the number of which shall be determined by the Zoning Administrator.
ii. Existing Conditions. The application form shall be accompanied by drawings and information
indicating the following:
a. Proposed name of the subdivision. The proposed name of the subdivision shall not duplicate
or too closely approximate phonetically, the name of any other subdivision in the County.
The City shall have final authority to designate the name of the subdivision.
b. Certified Survey. An accurate certified survey of the proposed plat, current within one year,
showing existing conditions and providing the current legal descriptions of all parcels
within the proposed plat.
c. Zoning Classification. Existing zoning classifications for land in and abutting the
subdivision, including floodplain, shoreland, and river district boundaries.
d. Gross acreage and net acreage of the proposed plat. The acreage of the area contained within
the plat shall computed to one-tenth of an acre. Gross acreage means the total site area, and
net acreage means gross acreage minus all wetland areas and areas below the 100-year
ordinary high-water level.
Section 153.500 33
e. Streets and platted public ways. Location, right-of-way width, and names of existing or
platted streets or other public ways, parks and other public lands, wooded areas, rock
outcrops, power transmission poles and lines, significant physical features/natural resources,
permanent buildings and structures, easements and section, corporate and school district
lines within the plan and to a distance of 300 feet beyond.
f. Existing utilities. Location and size of existing sewers, water mains, culverts, wells, septic
systems, drain tile, or other underground facilities within the preliminary plat area and to a
distance of 100 feet beyond the boundaries of the plat. Such data as grades and location of
catch basins, manholes, hydrants, and street pavement width and type shall also be shown.
1. Location and size of private overhead and underground utilities, including electric, gas,
telephone and cable.
g. Abutting lands. Boundary lines of adjoining unsubdivided or subdivided land within 100
feet, identified by name and ownership, and including all contiguous land owned or
controlled by the subdivider.
h. Wetland Delineation. All wetlands shall be field delineated by a qualified and experienced
wetlands delineator and shown appropriately on the preliminary plat. A copy of the wetland
delineation report shall be submitted. Mapping must show surveyed location of all wetland
boundary markers. Topographic data, including contours at vertical intervals of not more
than 2 feet, except in those areas where the slope is less than one percent (1%) a 1-foot
vertical interval shall be shown. At the discretion of the Zoning Administrator, spot
elevations may substitute for the one-foot contour intervals.
i. Soils types. Soil types and location of limits of each soil type as shown in the Soil Survey of
Washington County. If severe soil limitations for the intended use are noted, a plan or
statement indicating the soil conservation practice or practices to be used to overcome said
limitation shall be submitted as part of the application. A geotechnical review report and
soil borings meeting Mn/DOT guidelines shall be submitted within the alignment of
proposed public streets.
j. For lands proposed to be platted in the Lower Saint Croix River District the bluff line, and
all slopes over 12% within a horizontal distance of 50 feet or greater, shall be delineated. In
Shoreland Districts, all slopes over 18% within a horizontal distance of 50 feet or greater
shall be delineated. Slopes in excess of 25% shall be delineated on all properties.
k. On all lakes, ponds and wetlands, all water surface elevations, ordinary high-water elevation
and 100-year flood elevations shall be denoted.
iii. Subdivision Design Features. The application form shall be accompanied by drawings and
information indicating the following:
a. Layout of proposed streets showing right-of-way widths and proposed names of streets. The
name of any street shall conform to the Washington County street naming system.
b. Locations and widths of proposed alleys, pedestrian ways and utility easements.
c. Lot and block numbers, dimensions of each lot, and area of each lot, calculated to one-
tenth of an acre.
d. Buildable area of each lot calculated to one-tenth of an acre.
Section 153.500 34
e. Proposed building pad location, building style, building pad elevations at the lowest floor,
and garage slab.
f. Required and proposed front, side and rear building setbacks as well as setbacks from water
bodies and bluff lines.
g. Proposed on-site septic system location and back-up location. Soil borings shall be
completed on each lot with results submitted to the Washington County Department of
Health and Environment. If it appears that soil may not be suitable on any lot for the
installation of an on-site septic system, additional borings and percolation tests may be
required at the discretion of the County.
h. Source of water supply and proposed locations.
i. Location and size of proposed sanitary sewer lines and water mains or proposed City sewer
and water systems. Gradients of proposed streets and sewer lines. Plans and profiles showing
locations and typical cross-sections of street pavement including curbs, gutters, sidewalks,
drainage easements, servitude right-of-ways, manholes and catch basins.
j. Areas (other than streets, alleys, pedestrian ways and utility easements) intended to be
dedicated or reserved for public use including the size of such area(s) in acres.
k. Grading and drainage plan. If any fill or excavation is proposed in a wetland or lake,
approval may be required from the Minnesota Department of Natural Resources, Army
Corps of Engineers, the City and/or Watershed District.
l. Erosion and sediment control plan.
m. Storm water pollution prevention plan.
n. Landscape Plan, as applicable.
o. Woodland and Tree Preservation Plan as applicable.
iv. Other Information.
a. Statement of the proposed use of lots stating type of residential buildings with number of
proposed dwelling units; type of business or industry so as to reveal the effect of the
development on traffic, fire hazards and congestion of population.
b. A copy of all proposed private restrictions.
c. Drainage calculations for storm water runoff for the 2-year, 10-year and 100-year
occurrence storm runoff events. Additional information may be requested depending on
unique or special circumstances such as land-locked basins or environmentally sensitive
areas.
d. Such other information as may be requested by the Zoning Administrator.
(3) Final Plat. The materials, information, and drawings required for submission of a final plat
application are listed in this Section. In order for a final plat application to be deemed complete, it shall
include or have attached thereto all materials, information, and drawings listed in this Section.
i. Preliminary Plat Plan Set modifications. The Preliminary Plat Plan Set shall be updated to
incorporate all changes, modifications and revisions required as a condition of approval of the
Section 153.500 35
preliminary plat. Such modified and updated drawings shall become the Final Preliminary Plat
Plan Set from which the construction drawings and documents are prepared.
ii. Drawings, General Requirements. Drawings must meet all following specifications:
a. Be at a scale of one inch equals 50 feet (1” = 50’) or less using an engineer’s scale only.
b. Be on paper not exceeding 24 inches by 36 inches.
c. Include a title, and north point indication, the name and address of the subdivider, and the
name and address of the designer of the drawing.
d. Include a signature of the person who prepared the drawing, together with any
registration/license number or other professional certification number or title. Provide the
date of preparation and any revisions.
e. The subdivider shall provide complete full-sized (24 inches by 36 inches) assembled sets of
the drawings in the number specified by the Zoning Administrator. An additional full-sized
set of the drawings shall be provided in each of the following cases: 1) when the plat
contains or abuts a county road, 2) when the plat contains or abuts a state highway, and 3)
when the plat contains or abuts a wetland or shoreland district.
f. Reductions. The subdivider shall provide complete, assembled sets of the drawings reduced
to half size at 11 inches by 17 inches, and copies of the final plat reduced to 8.5 inches by
11 inches, the number of which shall be determined by the Zoning Administrator.
g. If the plat is approved, the subdivider shall submit electronic files of the drawings in a
manner specified by the City.
iii. Final Plat Drawing. The Final Plat shall include, but not be limited to the following:
a. Name of the proposed plat.
b. Layout of all proposed lot lines with dimensions and lot and block numbers.
c. Layout of all proposed streets, showing right-of-way widths and street names pursuant to
the Washington County Uniform Street Naming and Numbering System.
d. Location, dimensions, and purpose of all easements. Areas other than streets, sidewalks,
trails, pedestrian ways, and utility easements intended to be dedicated or reserved for private
or public use, including the size of such area(s).
e. Certification by a registered surveyor, as required by Minnesota Statutes, Section 505.03, as
may be amended.
f. Space for signatures of all owners of any interest in the land and holders of a mortgage
thereon, in the format prescribed by Washington County.
g. Space for certificates of approval to be filled in by the signatures of the Mayor and City
Engineer, together with space for the attestation of such signatures by the City
Administrator/Clerk.
h. Space for certificates of approval and review in the format prescribed by Washington
County.
Section 153.500 36
iv. Other Written Materials. The application form shall be accompanied by, or address, the
following written materials:
a. Three specification books for construction of public improvements.
b. Cost estimates for grading and all public improvements.
c. Lot sizes for all lots and outlots in tabular form.
d. A copy of any proposed homeowners association documents, private covenants or deed
restrictions.
e. Drainage calculations for storm water runoff for the 2-year, 10-year and 100-year
occurrence storm runoff events. Additional information may be requested depending on
unique or special circumstances such as land-locked basins or environmentally sensitive
areas.
f. An Opinion of Title prepared by the subdivider’s attorney or a current title insurance policy
or commitment certified to within 30 days of submission of the final plat to the City
Council for approval.
Subd. B Development Agreement
(1) Development Agreement. It is the purpose of this Section to ensure that a subdivider
follows the conditions of approval and properly installs the improvements required in a plat. To that end,
whenever a subdivision includes any public improvements or other conditions of approval, the subdivider
shall enter into a development contract with the City, setting forth the conditions under which the
subdivision is approved. No improvement within a subdivision shall take place until final plat approval has
been granted by the City and a development agreement has been signed outlining the work to be done and a
financial guarantee has been posted with the City in accordance with this Section.
(2) Required Basic Improvements. Prior to the approval of a plat, the subdivider shall have
agreed to install in conformity with the approved construction plans and in conformity with all applicable
standards and ordinances, the following improvements on the site:
i. Monuments required by Minnesota Statutes.
ii. Streets, curbs and gutters.
iii. Street lighting.
iv. Street signs and traffic control signs.
v. Sidewalks/ trails.
vi. Sanitary sewer.
vii. Water mains.
viii. Surface water facilities (pipe, ponds, rain gardens, etc.)
ix. Grading and erosion control.
x. Landscaping, woodland replacement, screening and buffering as required by Section
153.XXX.XXX of this Chapter.
Section 153.500 37
xi. Wetland mitigation and buffers.
xii. Finished grading and ground cover for all park, playground, trail and public open spaces.
xiii. Miscellaneous facilities as may be required by the approval of the subdivision.
(3) Other Improvements Required. The subdivider shall arrange for the installation of
telephone, CATV, electrical and natural gas service following the grading of boulevard or utility easements.
(4) Completion of Basic Improvements. The development agreement shall provide a timeline
for completion of the basic improvements, to be determined by the City after consultation with the
subdivider. The time shall be reasonable with relation to the work to be done and the seasons of the year. The
subdivider shall complete all required basic improvements no later than one year following the
commencement of work on the improvements, except as follows:
i. Where weather precludes completion, the improvement(s) may be completed at the outset of
the next construction/growing season.
ii. The subdivider shall complete street lighting within 2 years following the initial
commencement of work on the required basic improvements.
iii. The wearing course of streets shall be completed during the construction season of the year
following installation of the base course of the streets.
(5) On request of the subdivider, the contract may provide for completion of part or all of the
improvements prior to the approval of the final plat; in such event, the amount of the financial guarantee may
be reduced in a sum equal to the estimated cost of improvements so completed prior to approval of the final
plat.
(6) Reproducible record plans of all public improvements as required by the City Engineer shall
be furnished to the City by the subdivider. Such record plans shall be in mylar format and an electronic
format approved by the City Engineer and shall be certified to be true and accurate by the licensed engineer
responsible for the installation of the improvements.
(7) Financial Guarantees. Subsequent to execution of the development contract but prior to the
release of a signed final plat mylar for recording, the subdivider shall provide the City with a financial
guarantee in the form of a letter of credit from a bank, cash escrow, or a combination of a letter of credit and
a cash escrow with the City. A letter of credit or cash escrow shall be in an amount equal to 125% of the
estimated cost of completion of the specified basic improvements. The issuer of the letter of credit shall be
acceptable to the City.
i. Letter of Credit. If the subdivider posts a letter of credit as a guarantee, the letter of credit
shall 1) be irrevocable, 2) be from a bank approved by the City, 3) be in a form approved by
the City, 4) be for a term sufficient to cover the completion, maintenance and warranty
periods identified in this Section and shall contain the following: “It is a condition of this
financial guarantee that it shall be deemed automatically extended without change for six
months from the present or any future expiration date(s) unless 60 days prior to the
expiration date(s) we shall notify the City in writing by certified mail that we elect not to
consider this financial guarantee renewed for an additional period.” and 5) require only that
the City present the credit with a sight draft and an affidavit signed by the City
Administrator or the City Administrator’s designee attesting to the City’s right to draw funds
under the credit.
Section 153.500 38
ii. Cash Escrow. If the subdivider posts a cash escrow as a guarantee, the escrow instructions
approved by the City shall provide that 1) the subdivider will have no right to a return of any
of the funds except as provided by law, and 2) the escrow agent shall have a legal duty to
deliver the funds to the City whenever the City Administrator or the City Administrator’s
designee presents an affidavit to the agent attesting to the City’s right to receive funds
whether or not the subdivider protests that right.
iii. The developer may submit a separate financial guarantee for that portion of the required
basic improvements consisting solely of landscaping improvements. Construction Plans.
Construction plans for the required improvements shall be prepared at the subdivider’s
expense by a professional engineer who is registered in the State of Minnesota.
(8) Construction plans shall contain the preparers certification. These plans, together with
the quantities of construction items, shall be submitted to the City engineer for the engineer’s approval and
estimate of the total costs of the required improvements. Upon approval, the plans shall become a part of the
development contract. The tracings of the plans approved by the City engineer in an electronic format
acceptable to the City engineer shall be furnished to the City to be filed as a public record.
(9) Cost of Improvements.
i. Required improvements are to be furnished and installed at the sole expense of the
subdivider.
ii. If any improvement installed within the subdivision will be of substantial benefit to lands
beyond the boundaries of the subdivision, provision may be made for causing a portion of
the cost of the improvements, representing the benefit to such lands, to be assessed against
the same. In such a situation, the subdivider will be required only to pay for such portion of
the whole cost of said improvements as will represent the benefit to the property within the
subdivision.
(10) Administration of Development Contract. The subdivider shall pay to the City the costs of
administering the Development Contract. Administrative costs include but are not limited to monitoring of
construction observation, consultation with the subdivider and the subdivider’s engineer on status or
problems regarding the project, plan review, coordination for testing, final inspection and acceptance, project
monitoring during the warranty period, and processing of requests for reduction in security, for all public
improvements covered by the development contract.
(11) Release and Expiration of Financial Guarantees.
i. The financial guarantee shall be held by the City until, upon written notice by the subdivider
and certification from a professional engineer that part or all of the required improvements
have been completed and upon verification of such by the City staff, a portion or all of the
financial guarantee is released by the City Engineer. No financial guarantee shall be released
in full until the City has received 1) certified, reproducible record plans of all required
improvements installed by the subdivider and 2) a title insurance policy approved by the
City Attorney indicating that the improvements are free and clear of any and all liens and
encumbrances.
ii. It shall be the responsibility of the subdivider to ensure that a submitted financial guarantee
shall continue in full force and effect until the City has approved and accepted all of the
Section 153.500 39
required improvements, and thereby is authorized to release the guarantee or reduce the
amount of the guarantee as provided in Subd. (1) above.
(12) Warranty.
i. The required warranty period for materials and workmanship from the utility contractor
installing public sewer and water mains shall be two years from the date of final written City
acceptance of the work.
ii. The required warranty period for all work relating to street construction, including concrete
curb and gutter, sidewalks and trails, materials and equipment shall be 1 year from the date
of final written acceptance.
iii. The required warranty period for plant materials (sod, trees, and landscaping) is 2 growing
seasons following installation.
iv. The warranty period may be extended depending upon the nature of the required basic
improvements and as necessitated to enforce any conditions of approval of the subdivision.
(13) Miscellaneous Requirements.
i. No subdivider shall be permitted to start work on any other subdivisions without special
approval of the City if the developer has previously defaulted on work or commitments.
ii. No building permit shall be issued for a new structure to be built or placed on a lot in a new
plat until the road and drainage improvements allow adequate access to the lot and private
utilities are available. With regard to road improvements, adequate access shall mean that the
gravel base is in and has been approved by the City engineer. No such structure shall be
occupied until the base course of pavement has been completed.
iii. For any lot or parcel of land designated as an “outlot” the development agreement shall
specify the usage and ownership of said lot or parcel.
Subd. C Park Dedication. Pursuant to Minnesota Statutes, Section 462.358, Subdivision 2 (b), as
amended and this Chapter, all owners or developers, as a prerequisite to approval of a plat, subdivision or
development of any land, shall convey to the City or dedicate to the public use, a reasonable portion of any
such land for public use as streets, roads, sewers, electric gas and water facilities, storm water drainage and
holding areas or ponds, similar utilities and improvements or parks, playgrounds, trails or open space, said
portions to be approved and acceptable to the City.
(1) Findings. The preservation and development of parks, trails and open spaces in the City of
Scandia are essential to maintaining our rural character, protect our natural beauty and recognize our history.
New development creates the need for new parks, open spaces and trails which must be developed
concurrently with development in order to implement the Comprehensive Parks, Trails, Open Space and
Recreation Plan and maintain the current level of service and the quality of the environment for all.
Therefore, new developments shall be required to contribute toward the City’s park system in rough
proportion to the relative burden they will place upon the park system.
(2) Dedication Required. In all developments, the owner of a subdivision shall, as prerequisite
to approval of a plat or minor subdivision, convey to the City land for the public use as parks, playgrounds,
trails or open space in an amount roughly proportional to the development’s share of demands on the City’s
park and trail system as set forth in this Section. If the City determines that land is not needed in the area of
the proposed subdivision, the subdivider shall pay, in lieu thereof, a cash contribution to the City, or a
Section 153.500 40
combination of land and cash dedication at the City’s discretion. The dedication requirements of this Chapter
are presumptively appropriate. A deviation may be considered if the development provides affordable housing
to low and moderate income persons, as defined by the Metropolitan Council.
i. Calculation of Land Dedication Requirement
a. Residential. In all new residential subdivisions, a minimum of 5% of the net area
subdivided shall be dedicated for public use. The net area shall be the gross area of the
subdivided property minus the area of wetlands, lakes and streams below the ordinary
high water mark. Land areas so conveyed or dedicated for park, playground, trail and
open space purposes shall be in addition to property dedicated for streets, easements,
drainage, ponding or other public ways, and shall be in addition to open space
requirements for open space conservation subdivisions pursuant to the Zoning Code, as
amended.
b. Non-Residential. Park dedication for non-residential development will be negotiated
between the City and the developer. The land area to be dedicated, or the fee in lieu, will
be based on an evaluation of the potential need for parks, trails and open space generated
by the subdivision and whether or not there is land within the development needed
and/or planned for a park or trail in the Comprehensive Plan. Cash in Lieu of Land
Dedication. The amount of cash to be paid in lieu of land dedication shall be based on
the fair market value of the land to be subdivided at the time of final plat approval,
multiplied by the percentage of land required to be dedicated in Section 1 above. Fair
market value shall be determined as follows:
1. The City and the developer may agree as to the fair market value; or
2. The fair market value may be based upon a current appraisal submitted to the City
by the subdivider at the subdivider’s expense. The appraisal shall be made by
appraisers who are approved members of the SREA or MAI, or equivalent real estate
appraisal societies.
3. If the City disputes such appraisal the City may, at the sudivider’s expense, obtain
an appraisal of the property by a qualified real estate appraiser, which appraisal shall
be conclusive evidence of the fair market value of the land.
4. The developer may pay a cash fee of $3,000 for each residential unit created as the
presumptive fair market value of the land for which cash is paid.
5. Cash and Land Combination. The City, upon consideration of a particular
development, may require that a lesser parcel of land should be dedicated due to
particular features of the development. In such cases, a cash contribution shall be
required in addition to or in lieu of the land dedication in order to ensure that the
development contributes to the park system in rough proportion to its impact.
(3) Suitability of Land to be Dedicated.
i. Any land to be dedicated as a requirement of this Chapter shall be reasonably adaptable for
its proposed use and shall be at a location convenient to the people to be served. Factors used
in evaluating the adequacy of proposed park and recreation areas shall include size, shape,
topography, geology, tree cover, access and location.
ii. Land conveyed or dedicated pursuant to provisions of this Chapter shall be located outside
of drainage ways, floodplains and ponding areas after the site has been developed.
iii. Subdividers shall be responsible for making certain improvements to the land dedicated for
park, playground, trail and public open space purposes including, but not limited to,
finished grading and ground cover for all park, playground, trail and public open spaces
Section 153.500 41
within their developments. No credit toward the required dedication shall be given for this
work.
(4) Standards for Location.
i. The Park and Recreation Committee shall make a recommendation to the Planning
Commission prior to preliminary plat approval, as to the location and type of park facility
required for each development. The Park and Recreation Committee shall consider the City
Parks, Trails and Open Space Plan, other resources, and factors of density and site
development in making its recommendation.
ii. Where a proposed park, playground, trail, open space or other recreational area that has been
indicated on the official map and/or Comprehensive Plan is located in whole or in part
within a proposed subdivision, such proposed sites shall be designated as such and shall be
dedicated to the City.
(5) Procedures.
i. When land is to be dedicated to satisfy the park dedication requirement, separate lots or
outlots shall be indicated on the plat drawings. Such lots or outlots shall be deeded to the
City prior to issuance of any building permits within the plat.
ii. When a cash fee is to be paid in lieu of land dedication, the fee shall be paid prior to the
City’s release of the signed final plat for recording.
iii. For plats that include outlots for future development or are developed in phases, the
subdivider may pay the City either, 1) the required park dedication for the entire
subdivision, including the outlots or future phases, or 2) the required park dedication
excluding such outlots or future phases. The park dedication requirement shall be satisfied
when such outlots are replatted or final plats are approved for future phases, as provided in
the development agreement.
iv. Cash in lieu of land contributions shall be deposited in the City’s Parks Capital
Improvements Fund and shall be used only for acquisition and development or improvement
of parks, recreational facilities, playgrounds, trails, wetlands, or open space.
(6) Private Open Space. Open space privately owned and maintained shall not be given credit
for parkland dedication. Where private open space for park, playground, trail, open space or other recreation
purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by
the future residents of the subdivision, the standards for open space conservation subdivisions as provided in
Section 153.XXX.XXX of this Chapter shall be met.
153.500.080 Environmental Review
Subd. A General Provisions. No development project shall be approved prior to review by the
Zoning Administrator to determine the necessity for completion of an Environmental Assessment Worksheet
(EAW) or Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the
Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program
authorized by Minnesota Statute 116D.04 and 116D.045 and specified in Minnesota Rules Parts 4410.0200
to 4410.7800.
Subd. B Environmental reviews (EAWs and EISs). Environmental reviews shall be conducted as
early as practical in the processing of a development project. Time delays in the normal permit process caused
by the filing and review of the EAW or EIS shall not be considered part of the permit approval time
requirements set forth within this Chapter. Such delays shall be considered as additional required time for
each required permit. The permit process for the proposed project may be continued from the point it was
Section 153.500 42
interrupted by the EAW/EIS process. No decision on granting a permit or other approval required to
commence the project may be issued until the EAW/EIS process is completed.
(1) Environmental Assessment Worksheets (EAWs). The purpose of an EAW is to rapidly
assess, in a worksheet format, whether or not a proposed action has the potential for significant environmental
effects.
i. Mandatory EAWs. The preparation of an EAW shall be mandatory for those projects that
meet or exceed the thresholds contained in the State Environmental Review Program
regulations, Minnesota Rules 4410.4300, as may be amended.
ii. Discretionary EAWs. A discretionary EAW may be required when it is determined that,
because of the nature or location of a proposed project, the project may have the potential
for significant environmental effects. The Zoning Administrator may suggest and/or the City
Council may require the preparation of a discretionary EAW if it is determined that a
development project may have some significant environmental impact or when there is a
perception of such, provided that the project is not specifically exempted by Minnesota Rules
4410.4600, as may be amended.
iii. Procedures.
a. If the Zoning Administrator determines that an EAW shall be prepared, the proposer of
the project shall submit an “Application for Environmental Review” along with the
completed data portions of the EAW. The applicant shall agree in writing, as a part of
the application, to reimburse the City prior to the issuance of any permits for all
reasonable costs, including legal and consultants’ fees, incurred in preparation and
review of the EAW. The EAW shall be prepared pursuant to Minnesota Rules
4410.1400 except as modified herein.
b. Neighboring Property Owner Notification.
1. Upon completion of the EAW for distribution, the Zoning Administrator shall
provide mailed notice of the availability of the EAW and date of the meeting at
which the Planning Commission will consider the matter to all property owners
within at least 750 feet of the boundaries of the property which is the subject of the
EAW. Said notice shall be mailed a minimum of 10 days before the date of the
Planning Commission meeting during which the EAW will be considered.
2. Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
3. Review by Planning Commission. During the 30-day comment period that follows
publication of the notice of availability of the EAW in the EQB Monitor, the
Planning Commission shall review the EAW. The Commission shall make
recommendations to the City Council regarding potential environmental impacts
that may warrant further investigation before the project is commenced and the
need for an EIS on the proposed project.
iv. Environmental Impact Statements (EISs). The purpose of an EIS is to provide information
for governmental units, the proposer of the project and other persons to evaluate proposed
projects which have the potential for significant environmental effects, to consider
alternatives to the proposed projects and to explore methods for reducing adverse
Section 153.500 43
environmental effects.
a. Mandatory EISs. An EIS shall be prepared for any project that meets or exceeds the
thresholds of any of the EIS categories listed in Minnesota Rules 4410.4400, as may
be amended.
b. Discretionary EISs. An EIS shall be prepared when the City Council determines
that, based on the EAW and any comments or additional information received
during the EAW comment period, the proposed project has the potential for
significant environmental effects, or when the City Council and the proposer of the
project agree that an EIS should be prepared.
c. Procedures.
1. All projects requiring an EIS must have an EAW on file with the City,
which will be used to determine the scope of the EIS. All EISs shall be
prepared according to the procedures and requirements of the State
Environmental Review Program, Rules 4410.2100-4410.3000, as may be
amended. The costs of preparation of an EIS shall be assessed to the project
proposer in accordance with Minnesota Rules Parts 4410.6000 to
4100.6500, as may be amended.
2. Any proposal, project or use on which an EIS is required shall be considered
a conditional use as defined in this Chapter and shall comply with the
procedure for approval of a conditional use permit. Mitigating measures
identified in the EIS shall be incorporated as conditions of issuance of the
conditional use permit.
153.500.090 Nonconformities
Subd. A Purpose. It is the purpose of this Section to provide for the regulation of nonconforming
buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under
which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is
necessary and consistent with the establishment of this Chapter that nonconforming buildings, structures,
uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that
all nonconformities shall be eventually brought into conformity.
(1) General Provisions.
i. Conditional Uses. Any established use, building or lot legally existing prior to the effective
date of this Chapter and which is herein classified by this Chapter as requiring a conditional
use permit may be continued in like fashion and activity and shall automatically be
considered as having received conditional use permit approval. Any change to such a use or
building shall however require that a new conditional use permit be processed according to
this Chapter.
ii. Interim Uses. Any established use, building or lot legally existing prior to the effective date of
this Chapter, and which is herein classified by this Chapter as requiring an interim use
permit may be continued in like fashion and activity and shall automatically be considered as
having received interim use permit approval. Any change to such a use or building shall,
however, require that a new interim use permit be processed according to this Chapter.
(2) Threats to General Welfare. Nonconforming buildings, structures, and/or uses, which
based upon documented study and evidence, pose a danger and/or threat to the health, safety, and general
Section 153.500 44
welfare of the community, shall:
(3) Be legally declared a nuisance by the City Council. Upon being identified by the City
Council and upon the owner being notified in writing by the Zoning Administrator, the owner shall provide
to the City Council a documented time schedule and program with rationale to support the proposed
amortization of the building, structure, or use which will result in the termination or correction of the
nonconformity.
i. The termination/correction time schedule shall be based upon, but not be limited to factors
such as the initial investment and the degree of threat or danger being posed.
ii. The acceptability of the time schedule shall be determined by the City Council with right of
appeal.
(4) Nonconforming Buildings and Structures.
i. Replacement. A lawful nonconforming structure which is removed, destroyed or altered by
any means to the extent that the cost of repair or replacement would exceed fifty percent
(50%) of the Assessed Value of the original structure shall not be replaced, except in
conformity with this Chapter. If a replacement structure cannot be placed on the lot
meeting all current standards, the variance procedure must be followed. For the purposes of
this Chapter, the term “Assessed Value” shall mean the market value of the property as
determined by the current records of the City Assessor for the year in which the damage was
done.
ii. Restoration of buildings destroyed by fire or peril. Unless a building permit has been applied
for within 180 days of when a property is damaged, no lawful nonconforming building or
structure which has been destroyed by fire or other peril to the extent of greater than 50% of
its market value, as indicated in the records of the county assessor at the time of damage,
shall be restored, except in conformity with the regulations of this Chapter. If a building
permit has been applied for within 180 days of when the property is damaged, the City may
impose reasonable conditions when issuing the permit in order to mitigate any newly created
impact on adjacent property or water body.
iii. Alterations. Alterations to (e.g., repair, normal maintenance, remodeling) of a lawful
nonconforming building or structure that are valued at 50% or less of the appraised value of
the original nonconforming building or structure may be undertaken provided:
iv. The alterations do not expand the building size.
a. The alterations do not change the building occupancy capacity, or parking demand or
sewage treatment requirements.
b. The alterations do not increase the nonconformity of the building or the use.
v. Expansion of Nonconforming Buildings or Structures.
a. Agricultural or Single Family Residential Buildings and Structures. The expansion of
lawful nonconforming agricultural or single family residential buildings and structures
may be approved through the Administrative Permit process subject to the provisions of
Section 153.500.XXX of this Chapter, provided that:
1. The existing structure remains in place, and is expanded.
2. Expansion of principal or accessory buildings found to be nonconforming only by
reason of height, yard setback, or lot area may be permitted provided the structural
Section 153.500 45
nonconformity is not increased and the expansion complies with all other
performance standards of this Chapter. An Administrative Permit shall not be
issued under this Section for a deviation from other requirements of this Chapter
unless variances are also approved.
3. The Zoning Administrator finds that any such expansion will not have external
negative impacts upon adjacent properties or public rights-of-way.
4. Long term sewage disposal needs can be met.
5. Commercial, Industrial, Public, Semi-Public, and Multiple Family Structures.
Lawful nonconforming commercial, industrial, public, semi-public, and multiple
family structures may be expanded on the same lot upon approval of a conditional
use permit, provided that:
A. Expansion of principal or accessory buildings found to be nonconforming
only by reason of height, yard setback, or lot area may be permitted provided
the structural nonconformity is not increased and the expansion complies
with all other performance standards of this Chapter. A Conditional Use
Permit shall not be issued under this Section for a deviation from other
requirements of this Chapter unless variances are also approved.
B. The request for Conditional Use Permit shall be evaluated based on standards
and criteria set forth in Section 153.500.XXX of this Chapter.
C. Long term sewage disposal needs can be met.
b. Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs
(1), (2), (3) and (4) above, any restoration, alteration, replacement, repair, or expansion
of a building or structure located within the floodplain overlay district shall be
regulated to the extent necessary to maintain eligibility in the National Flood Insurance
Program, and in no case shall increase potential flood damage or increase the degree of
obstruction to flood flows in the floodway.
(5) Nonconforming Uses.
i. Effective Date. The lawful use of buildings or land existing at the effective date of this
Section which does not conform to the provisions of this Chapter may be continued, unless:
a. The nonconformity or occupancy is discontinued for a period of more than 1 year.
b. If a structure used for any nonconforming use is destroyed by fire or other peril to the
extent of greater than 50% of its market value, as indicated in the records of the county
assessor at the time of damage, and no building permit has been applied for within 180
days of when the property is damaged. If a building permit has been applied for within
180 days of when the property is damaged, the City may impose reasonable conditions
when issuing the permit in order to mitigate any newly created impact on adjacent
property or water body.
c. Notwithstanding item (4) above, any structure used for a nonconforming use located in
the floodplain overlay district that is destroyed by fire or other peril to the extent of
greater than 50% of its market value, as indicated in the records of the county assessor at
the time of damage, shall be regulated to the extent necessary to maintain eligibility in
Section 153.500 46
the National Flood Insurance Program, and in no case shall be continued or
reestablished in a manner that results in potential flood damage or obstructs flood flows
in the floodway.
d. Continued Use. A lawful, nonconforming use may be continued, including through
repair, replacement, restoration, maintenance, or improvement; provided, however, that
no such nonconforming use of land shall be enlarged or increased, including volume,
intensity or frequency of use, nor shall any such nonconforming use be expanded to
occupy a greater area of land than that occupied by such use at the time of the adoption
of this Chapter, nor shall any such nonconforming use be moved to any other part of the
parcel of land upon which the use was conducted at the time of the adoption of this
Chapter.
e. Changes to Nonconforming Uses.
1. When a lawful nonconforming use of any structure or land in any district has been
changed to a conforming use, it shall not thereafter be changed to any
nonconforming use.
2. A lawful nonconforming use of a structure or parcel of land may be changed to
lessen the nonconformity of use. Once a nonconforming structure or parcel of land
has been changed, it shall not thereafter be so altered to increase the nonconformity.
(6) Nonconforming Lots. Vacant Lots, Single Family Detached Dwellings. A legal
nonconforming, substandard lot of record that is vacant may be developed for one single family detached
dwelling without variances and upon approval of an administrative permit, provided that:
i. The lot was legally established in accordance with all applicable zoning and subdivision
requirements existing at the time of its creation and is a separate, distinct tax parcel.
ii. Development of the lot is consistent with the Comprehensive Plan and the lot is properly
zoned for single family use.
iii. The lot shall be at least 66% of the dimensional standards for lot size and lot width as
required by the zoning district and/or the Shoreland Overlay District as applicable.
iv. The lot has frontage and access on an improved public street or an approved private road.
To be considered an approved private road, the City Council must, by resolution, find that
the road is capable of supporting emergency vehicles and that provisions exist for on-going
maintenance of the road.
v. The lot must be suitable for the installation of sewage treatment system that is permitted by
the Washington County Subsurface Sewage Systems (SSTS) rules and regulations.
a. All structure and septic system setbacks shall be met.
b. Impervious surface coverage must not exceed 25 %.
c. If in the case of two or more contiguous lots or parcels of land under a single ownership,
any individual lot or parcel does not meet the minimum requirements of this Chapter,
each individual lot or parcel cannot be considered as a separate parcel of land for
purposes of sale or development. Such lots must be combined with adjacent lots under
the same ownership so that the combination of lots will equal one or more conforming
Section 153.500 47
lots as much as possible, unless each individual lot is at least 66% of the dimensional
standards for lot size and lot width and meets the requirements of paragraphs (D)
through (G), above.
d. An existing conforming use or building on a lot of substandard lot area or lot width may
be restored, altered, replaced, repaired, or expanded provided such restoration,
alteration, replacement, repair, or expansion complies with all other provisions of this
Chapter. A nonconforming lot shall not be reduced in size.
e. A conforming lot shall not be reduced in size so that it would become nonconforming in
any aspect of this Chapter.
(7) Overlay Districts. Nonconforming buildings and uses as described in the Shoreland
Management Overlay District and the Floodplain Management Overlay District contained in Chapters 155
and 156 shall be subject to the applicable regulations and standards relating to such buildings and uses in this
Chapter. Where any regulations are found to be inconsistent, the more restrictive of the regulations shall
apply.
153.500.100 Violations, Enforcement and Penalties
Subd. A Enforcement. In case any subdivision, building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in
violation of this Section, the Zoning Administrator, in addition to other remedies, may institute any proper
criminal action or proceedings in the name of the City of Scandia, and hereby shall have the powers of a
police officer to prevent such unlawful subdivision, erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use, to restrain or correct such violations, to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises.
Subd. B Penalties. Any person who violates a provision of this Chapter is guilty of a misdemeanor
and, upon conviction thereof, shall be fined or penalized not more than the maximum levels established by
the State of Minnesota for misdemeanor offenses. Each act of violation and every day on which a violation
occurs or continues is a separate violation.