153.500 Administration City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC)
SECTION 153.500 ADMINISTRATION AND PROCEDURES Adopted 09.20.2022 153.500 page-1
153.500 ADMINISTRATION AND PROCEDURES
Subd. 1. 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. 1. 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 Unified Development Code (UDC). The requirements and standards for each land use application are provided in the Sections of this Chapter, or other Chapters, as noted in the Section Reference column identified on Table 153.500.010-1. 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.
Table 153.500.010-1. Land Use and Subdivision Approval Review Procedures
Land Use and Subdivision Approval Review Procedures
Procedure Public Hearing 15.991 462.358 (plat)2 If City Council is checked, they are the final decision-making body.
Land Use Application 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
Variance3 X X X X X
Appeal to a Variance or Land Use Decision X X
Conditional Use4 X X X X X
Interim Use5 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
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
City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC)
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Land Use and Subdivision Approval Review Procedures
Procedure Public Hearing 15.991 462.358 (plat)2 If City Council is checked, they are the final decision-making body.
Subdivision Applications Staff Planning Commission City Council
Lot Consolidation/Lot Line Adjustment X X
Minor Subdivision (Plat) X X X X X
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 Staff Planning Commission City Council
Environmental Review X X
153.500.020 REVIEW AND DECISION MAKING
Subd. 1. 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 153.500.010-1. 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. 2. 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.
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.
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.
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.
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153.500.030 ZONING ADMINISTRATOR DUTIES
Subd. 1. 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. 2. Duties of Zoning Administrator. The Zoning Administrator shall be responsible to:
Receive, review, file and forward all applications for amendments, variances, conditional uses, subdivisions, appeals or other matters to the designated official bodies.
Recommend and collect fees, as established by City ordinance, for all applications, permits or other matters
covered under the provisions of this Chapter.
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.
Issue administrative permits as provided in this Chapter.
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.
Provide technical assistance to the Planning Commission and City Council.
Review all building permits issued for structures in the City to ensure compliance with the regulations contained in this Chapter.
Conduct inspections of structures and use of land to determine compliance with the terms of this Chapter.
Notify in writing persons responsible for violations of this Chapter, indicating the nature of the violation and
the action necessary to correct it.
Issue stop work orders for violations of this Chapter.
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.
Periodically inspect property to determine compliance with the terms of this Chapter.
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.
153.500.040 OTHER AGENCY COORDINATION AND REVIEW TIMELINES
Subd. 1. Minnesota State Statutory Review Procedures for Land Use Applications and Subdivision. As identified in Table 153.500.010-1 of this Chapter, certain land use applications are subject to the rules of 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.
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.
Minnesota State Statute 462.358. An application for preliminary plat shall be approved or denied within 120 days from the date of a complete submission unless a time waiver is granted by the applicant. A preliminary
City of Scandia, MN CHAPTER 153: UNIFIED DEVELOPMENT CODE (UDC)
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plat may be approved with conditions or denied with written findings. 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 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.
Subd. 2. Other Agency Coordination. Any application for land use permit or subdivision may be subject to the rules, regulations and standards of another agency which has jurisdiction within the City of Scandia. It is the
responsibility of the applicant to obtain all necessary permits for the proposed use or subdivision and the City will
assist with any coordination. Such agencies may include, but are not limited to:
Washington County and its departments including, but not limited to, septic licensing and food service licensing.
Watershed Districts.
Carnelian-Marine St. Croix Watershed District.
Comfort Lake Forest Lake Watershed District.
Rice Creek Watershed District.
Minnesota Department of Health.
Minnesota Department of Natural Resources (MnDNR).
Minnesota Department of Transportation (MnDOT).
153.500.050 COMMON PROCEDURES FOR LAND USE APPLICATIONS.
Subd. 1. 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, Major Site Plan 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 any 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.
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. 2. 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.
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.
The applicable fee and escrow as set forth by City Ordinance shall be submitted with the Land Use Application.
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The required written and graphic materials shall be submitted as described in Section [153.500.050 and 153.500.060] of this Section. The number, size and application materials format shall be prescribed by the Zoning Administrator prior to submission.
A list of property owners and addresses located within the prescribed distance of the subject property of the
Land Use Application shall be submitted as follows:
Zoning or Comprehensive Plan Text Amendment: None Required
Zoning or Comprehensive Plan Map Amendment: 1,320 feet
Conditional Use Permit and Interim Use Permit: 1,320 feet
Variance: 500 feet
Site Plan – Major Project: 200 feet
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. 3. Review Procedures of Complete Land Use Application. The following
procedures for review of a complete Land Use Application shall be followed by the City.
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.
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.
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. 2 (D)] of the subject
property boundary of the application. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Section
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.
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.
The applicant or a representative thereof may appear before the Planning Commission to present information
and answer questions concerning the proposed request.
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.
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 30 days after the first regular
Planning Commission meeting at which the request was considered.
Approval of a Land Use Application shall require passage of a resolution by a majority vote of a quorum of the City Council.
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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.
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.
153.500.060 SUPPLEMENTAL REVIEW PROCEDURES FOR LAND USE APPLICATIONS.
Subd. 1. General Requirements. The general requirements as established in Subd. 2 are further supplemented by
the following procedures that are organized by Land Use Application.
Zoning Amendment or Comprehensive Plan Amendment – Supplemental Procedures.
The City Council and Planning Commission shall consider possible effects of the proposed Zoning or Comprehensive Plan Amendment Application. Its judgment shall be based upon (but not limited to)
the following factors:
a. The specific policies and provisions of the City’s adopted 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 Base Zoning District.
For any application which changes all or part of the existing classification of a Base 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.
An application for Comprehensive Plan Amendment shall be subject to the review and approval of the Metropolitan Council.
The Zoning or Comprehensive Plan Amendment shall not become effective until such time as the City
Council approves an ordinance reflecting said amendment.
Amendments to Zoning. The City Council or Planning Commission may initiate a request to amend the text of this Chapter or the Base Zoning District boundaries of the Official Zoning Map. The procedural requirements of [Section 153.500.050 and 153.500.060] of this Section 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 Official Zoning Map as it affects that real estate.
Amendments to the Comprehensive Plan. Amendments to the text or any map contained in the adopted Scandia Comprehensive Plan may be initiated and considered according to the procedures
established in Section [153.500.050 and 153.500.060] of this Section and any applicable provisions of
state law. All amendments to the Comprehensive Plan are subject to the review and approval
procedures established by the Metropolitan Council. Any amendment to the Comprehensive Plan shall require passage by a 2/3 vote of the full City Council.
Variance – Supplemental Procedures.
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.
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Review Criteria. The Board of Zoning Adjustments and Appeals, hereafter referred to as the Board, shall only approve a variance when 1) the terms of a variance are consistent with the Comprehensive Plan, 2) when it is in harmony with the general purpose and intent of this Chapter, and 3) 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.
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.
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.
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.
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.
The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail.
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.
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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 one 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 one year requested by the applicant shall be presented to the Planning
Commission for a recommendation and to the Board for a decision.
Procedures for Appeal to Variance Decision.
a. 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.
b. 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.
c. 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.
d. Procedure. The procedure for making such an appeal shall be as follows:
e. 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.
f. 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.
g. 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.
h. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by
mail.
Conditional or Interim Use Supplemental Procedures.
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.
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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.
General Standards specific to Interim Uses.
a. The use is allowed as an interim use in the respective Base Zoning District or any applicable Overlay 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.
Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional or interim 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 [153.500.030 Subd. 3]. 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.
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 in Section [153.500.050 and 153.500.060]. No 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.
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 one year of the date of the conditional use permit is issued; or unless before the expiration of the one 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 one 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 one 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.
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;
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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 Base Zoning District or applicable Overlay District.
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 D.III.d below].
Site Plan Review – Supplemental Procedures.
Site Plan Modifications after Approval. 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.
a. 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:
This Section shall apply in the cases of new projects which have received City Council Site Plan
approval, but for which building permits have yet to be issued. This Section shall also apply to
existing projects on file that have a City Council approved Site Plan.
Compliance with all Ordinance requirements shall be construed to include all adopted policies
and codes.
Any variances from Ordinance and policy requirements shall be subject to the established
review and hearing procedures for site plan and variance approval.
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.
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 Site Plans.
b. 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.
An application to extend the approval of a Site Plan for up to an additional one 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 one year or a second request for a time
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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.
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.
c. Site Improvement Performance Agreement. Following the approval of the Site Plan required by this
Section 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:
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 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.
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.
d. Financial Guarantee. A financial guarantee shall be submitted with the executed site performance agreement as provided herein:
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.
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.
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.
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
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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.
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 work.
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.
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.
e. 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.
Administrative Permits – Supplemental Procedures.
The procedures as set forth in Section [153.500.050 and 153.500.060] of this Section 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 Section. 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 Section.
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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 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 Base Zoning District or applicable Overlay 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.
g. A written Administrative 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.
h. 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.
i. Unresolved disputes as to Administrative Permit application of the requirements of this paragraph
shall be subject to appeal as defined by Section [153.500.020 Subd. 2] of this Section.
Administration and Enforcement.
a. The Zoning Administrator shall keep a record of applications and Administrative Permits.
A copy of all Administrative Permits issued shall be forwarded to appropriate staff as
determined by the Zoning Administrator.
Enforcement of the provisions of this paragraph shall be in accordance with Section
[153.500.120]. Violation of an issued Administrative Permit or of the provisions of this Section
may be grounds for denial of future permit applications.
b. Expiration.
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.
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 this Section.
Administrative Permits for Land Alteration and Grading – Supplemental Procedures.
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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 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.
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.
Other Permits. The applicant may be required to obtain additional permits from other regulatory agencies having jurisdiction over the land alteration activities. It shall be the responsibility of the
applicant to obtain all required permits.
153.500.070 SUBMISSION REQUIREMENTS FOR LAND USE APPLICATIONS.
Subd. 1. 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.
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:
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.
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f. Acknowledgement from the Owner, if the Owner is different than the applicant indicating support of the applicant’s request.
A drawing to scale of the proposed site, such drawing may include an aerial with parcel boundaries.
General location of proposed structures.
Tentative street arrangements, both public and private.
Amenities to be provided such as recreational areas, open space, walkways, etc.
General location of parking areas.
Topographic contours at 10 foot or 2-foot intervals.
Wetland delineation or general location of wetlands from the National Wetlands Inventory.
Other information or materials useful in reviewing the Concept Plan.
Submission Requirements for all Land Use Applications. All Land Use Applications shall include the following submission requirements:
All materials as identified in Section [153.500.050 and 153.500.060]
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. At a minimum, the narrative must describe:
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.
Variance Application. All requests for variance from this Chapter shall include a description of
the Practical Difficulties of the Project present.
Proposed schedule of development of the Project or phasing, if applicable.
Identification of any other agencies contacted that may have jurisdiction over the proposed
Project.
Site Plan as described in Subd. 2.
An electronic version of the submission materials, and any hardcopies as requested by the Zoning
Administrator.
Subd. 2 Submission Requirements for Site Plan Review. All Land Use Applications require the submission of a Site Plan as described herein. When no primary Land Use Application is required, the Project shall be classified as either a Minor Project of Major Project as described below.
Applicability. The Site Plan review process shall be applicable to both Minor and Major Projects as described
herein. If the Site Plan application includes a Primary Land Use Application for conditional use, interim use
or variance then the request will be classified as a Major Project, and the submission requirements shall include those stated within this Section and the applicable Primary Land Use Application. 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.
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
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Major, may submit a Pre-Application concept plan for review and comment by the Zoning Administrator, Planning Commission or City Council.
Exceptions to Review. The following shall be exempt from Site Plan Review:
a. Agricultural uses in the AG-C, AP and GR Base Zoning Districts.
b. Single family detached dwellings and related accessory uses.
c. Two family attached dwellings and related accessory uses.
Minor Projects. Projects shall be classified as Minor, provided that:
a. The site and the use are in compliance with the Comprehensive Plan;
b. The use is explicitly classified as a permitted or accessory use on Table [153.300.020-2] Table of
Uses.;
c. 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;
d. The site is a legal parcel of record at the time of application.
Major Projects. Projects shall be classified as Major, provided that:
a. The project is not classified as an exception or as a Minor Project; and
b. The project is explicitly classified as a conditional or interim use on Table [153.300.020-2] Table of Uses; or
c. The project results in the exterior alteration of a structure to which Section [153.400.040] Character Area Standards are applicable, or the Scandia Architectural Design Guidelines (dated September 2009 and as may be amended) are applicable.
Submission requirements. The submission requirements for both Minor and Major Projects are generally the same, and consist of the materials as identified herein.
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 following 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
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.
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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:
Location of all exterior lighting by type.
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.
Mounting height of all luminaires.
Hours of illumination.
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.
k. Signature of registered engineer or certified lighting professional who prepared the plan.
l. Location of recreational and service areas.
m. Location of rooftop equipment and proposed screening.
n. Provisions for storage and disposal of waste, garbage, and recyclables.
o. Location, sizing, and type of water service and sewage disposal facilities and proposed service connections.
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.
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.
k. Landscape Plan. The Landscape Plan shall contain, but may not be limited to, the following:
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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.
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.
Tree preservation plan and reforestation plan, if applicable, consistent with Section
[153.400.070] of this Chapter.
Planting detail (show all species to scale at normal mature crown diameter or spread for local
hardiness zone).
Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the
like.
Typical sections of landscape islands and planter beds with identification of materials used.
Details of planting beds and foundation plantings.
Note indicating how disturbed soil areas will be restored through the use of sodding, seeding,
or other techniques.
Delineation of both sodded and seeded areas with respective areas in square feet.
Coverage plan for underground irrigation system, if any.
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.
Other existing or proposed conditions which could be expected to affect landscaping.
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.
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f. Type, location and size (area and height) of all signs to be erected upon the property in question.
Subd. 3. Submission Requirements for Administrative Permit. The information required for all Administrative Permit applications shall include:
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.
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.
An accurate floor plan, when in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the application.
A copy of the current sales tax certificate issued by the State of Minnesota, if applicable.
Information identified in [Subd. 1] of this Section, as may be applicable.
Subd. 4. 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:
An application shall be made on the required form of the City.
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.
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 of flow.
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 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.
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.”
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.
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.
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.
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Grading, Erosion and Sediment Control permit applications will be reviewed by the Zoning Administrator, 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.
153.500.080 PROCEDURES FOR SUBDIVISION
Subd. 1. Premature Subdivision. Premature Subdivision is prohibited. Any proposed subdivision deemed premature for development shall not be approved by the City Council.
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.
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.
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.
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.
Lack of Adequate Streets to Serve the Subdivision. A proposed subdivision may be deemed premature if:
a. 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
b. The traffic volume generated by the proposed subdivision would create congestion or unsafe conditions on existing or proposed streets.
Lack of Adequate Drainage. A proposed subdivision may be deemed premature if:
surface or subsurface water retention and runoff is such that it constitutes a hazard to the stability of proposed or existing structures; or
the proposed subdivision would cause pollution of water sources or would cause damage from erosion or siltation on downstream property; or
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.
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. 2. 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 of a plat. In areas which
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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.
Criteria for Lot Consolidation/Lot Line Adjustment. This procedure is limited to situations meeting all of the
following criteria:
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.
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.
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.
New easements shall be established as appropriate.
Procedures.
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.
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.
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.
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 [153.500.020 Subd. 2] of this Chapter.
Expiration and Recording of Documents.
Upon approval, the applicant shall record the appropriate documents in the office of the Washington County Recorder within 120 days of the date of approval. If not recorded within the 120-day period, the approval shall be considered void.
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 affected by the lot consolidation or
lot line adjustment until the city has received evidence of the document(s) being recorded and that all conditions of approval have been met.
Certification of Taxes Paid. Prior to approval of an application for a lot consolidation/lot line adjustmenet, the applicant shall provide certification to the City that there are no delinquent property taxes, special
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assessments, interest, or City utility fees due upon the parcel of land to which the consolidation/lot line adjustment application relates.
Subd. 3. 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 cost 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.
Criteria for Minor Subdivision. Minor subdivisions are limited to situations meeting all of the following criteria:
The parcel of land has not been part of a minor subdivision within the last five years.
The minor subdivision shall result in three or fewer parcels.
All contiguous parcels in common ownership shall be included in the Minor Subdivision application.
The subdivision shall not be premature based on the criteria in Section [153.500.080] of this Chapter.
All parcels resulting from the minor subdivision shall not conflict with any provision of the Comprehensive Plan.
The applicant shall enter into a development agreement specifying the number of density units allocated
among the parcels, if required by the City Council.
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 public road unless a variance from a dimensional standard has been approved according to procedures set forth in Section [153.500.050 and 153.500.060].
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.
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.
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.
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].
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.
The minor subdivision process shall not be required to complete the Concept Review as described in [153.500.080] of this Section.
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.
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.
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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.
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.
Financial Guarantee. Following the approval of a minor subdivision as required by this Section and prior to the issuing of any building permit or the commencing of any site work, the applicant may be required to guarantee to the City the completion of any improvements as shown on the approved plans
and as required as a condition of minor subdivision approval.
Certification of Taxes Paid. Prior to approval of an application for a minor subdivision, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest or City utility fees due upon the parcel of land to which the minor subdivision application relates.
Subd. 4. 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.
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.
The Zoning Administrator may refer the application to the appropriate staff and consultants for review and preparation of informal comments on the concept plan.
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.
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.
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:
Requests for Preliminary Plat approval shall be filed with the Zoning Administrator on an official application form. The applicant’s signature must be provided on the application form. If the applicant is
not the fee owner of the property, the fee owner’s signature must also be provided on the application
form, or the applicant shall provide separate written and signed authorization for the application from the fee owner.
The Application shall be accompanied by a fee as set forth by the City’s adopted fee schedule.
Detailed written and graphic materials as provided by in [153.500.090].
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A list of property owners located within 1,320 feet of the subject property in a format prescribed by the Zoning Administrator.
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.
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 Minnesota Department of
Natural Resources (MnDNR) and to the applicable Watershed District(s).
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.
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.
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.
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.
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 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:
That the proposed subdivision is in conflict with the City’s Comprehensive Plan, this Chapter,
Capital Improvements Program, or other policy or regulation.
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.
That the design of the subdivision or the proposed improvements are likely to cause substantial
and irreversible environmental damage.
That the design of the subdivision or the type of improvements will be detrimental to the
health, safety, or general welfare of the public.
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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.
That the subdivision is premature as determined by the standards of this Chapter.
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.
e. 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.
f. 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 considered again by the
Planning Commission or City Council for at least six months from the date of its denial.
g. 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.
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.
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.
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.
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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.
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.
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.
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.
153.500.090 SUBMISSION REQUIREMENTS FOR SUBDIVISION
Subd. 1. Concept Review. The applicant shall prepare and submit the required number of copies of a Concept Plan containing the following information:
Narrative. A narrative of the proposed subdivision and its purpose shall include the following:
Current Zoning of the Property.
Description and statement of the proposed density of the subdivision and method for calculating the density.
Description of the Land Development Design as described in Section [153.400.020] of this Chapter.
A scale drawing of the proposed site with reference to existing development within 500 feet of the
proposed site.
Resource Inventory. The Resource Inventory shall include:
Hydrologic characteristics, including surface water bodies, floodplains, wetlands, natural swales and drainageways.
Topographic contours at 2-foot intervals.
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.
a. Proposed general street and lot layout with lot sizes of individual parcels designated.
b. General location of proposed public and private open space areas, recreational areas, sidewalks,
trails, etc.
c. Current zoning of the property.
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d. 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 [153.200.040] of this Chapter.
Subd. 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:
Drawings, General Requirements. All drawings must meet all following specifications:
Be at a scale of 1 inch equals 50 feet (1” = 50’) or less using an engineer’s scale only.
Be on paper not exceeding 24 inches by 36 inches.
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.
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.
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:
If the plat contains or abuts a county road; or
If the plat contains or abuts a state highway; or
If the plat contains or abuts a wetland or shoreland district.
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.
Existing Conditions. The application form shall be accompanied by drawings and information indicating the following:
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.
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.
Zoning Classification. Existing zoning classifications for land in and abutting the subdivision, including
floodplain, shoreland, and river district boundaries.
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.
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.
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.
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Location and size of private overhead and underground utilities, including electric, gas, telephone and cable.
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.
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.
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.
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.
On all lakes, ponds and wetlands, all water surface elevations, ordinary high-water elevation and 100-
year flood elevations shall be denoted.
Subdivision Design Features. The application form shall be accompanied by drawings and information indicating the following:
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.
Locations and widths of proposed alleys, pedestrian ways and utility easements.
Lot and block numbers, dimensions of each lot, and area of each lot, calculated to one-tenth of an acre.
Buildable area of each lot calculated to one-tenth of an acre.
Proposed building pad location, building style, building pad elevations at the lowest floor, and garage slab.
Required and proposed front, side and rear building setbacks as well as setbacks from water bodies and
bluff lines.
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.
Source of water supply and proposed locations.
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.
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.
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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.
Erosion and sediment control plan.
Storm water pollution prevention plan.
Landscape Plan, as applicable.
Woodland and Tree Preservation Plan as applicable.
Other Information.
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.
A copy of all proposed private restrictions.
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.
Such other information as may be requested by the Zoning Administrator.
Subd. 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.
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 preliminary plat. Such modified and updated drawings shall become the Final Preliminary Plat Plan Set from which the construction drawings and documents are prepared.
Drawings, General Requirements. Drawings must meet all following specifications:
Be at a scale of one inch equals 50 feet (1” = 50’) or less using an engineer’s scale only.
Be on paper not exceeding 24 inches by 36 inches.
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.
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.
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.
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.
If the plat is approved, the subdivider shall submit electronic files of the drawings in a manner specified by the City.
Final Plat Drawing. The Final Plat shall include, but not be limited to the following:
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Name of the proposed plat.
Layout of all proposed lot lines with dimensions and lot and block numbers.
Layout of all proposed streets, showing right-of-way widths and street names pursuant to the
Washington County Uniform Street Naming and Numbering System.
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).
Certification by a registered surveyor, as required by Minnesota Statutes, Section 505.03, as may be amended.
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.
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.
Space for certificates of approval and review in the format prescribed by Washington County.
Other Written Materials. The application form shall be accompanied by, or address, the following written
materials:
Three specification books for construction of public improvements.
Cost estimates for grading and all public improvements.
Lot sizes for all lots and outlots in tabular form.
A copy of any proposed homeowner’s association documents, private covenants or deed restrictions.
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.
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. 4. 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. 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.
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:
Monuments required by Minnesota Statutes.
Streets, curbs and gutters.
Street lighting.
Street signs and traffic control signs.
Sidewalks/ trails.
Sanitary sewer.
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Water mains.
Surface water facilities (pipe, ponds, rain gardens, etc.)
Grading and erosion control.
Landscaping, woodland replacement, screening and buffering as required by Section [153.400.060 and
153.400.070] of this Chapter.
Wetland mitigation and buffers.
Finished grading and ground cover for all park, playground, trail and public open spaces.
Miscellaneous facilities as may be required by the approval of the subdivision.
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.
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:
Where weather precludes completion, the improvement(s) may be completed at the outset of the next construction/growing season.
The subdivider shall complete street lighting within 2 years following the initial commencement of work on the required basic improvements.
The wearing course of streets shall be completed during the construction season of the year following
installation of the base course of the streets.
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.
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.
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.
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.
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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.
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.
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.
Cost of Improvements.
a. Required improvements are to be furnished and installed at the sole expense of the subdivider.
b. 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.
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.
Release and Expiration of Financial Guarantees.
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.
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 required improvements, and thereby is authorized to release the guarantee or reduce the amount of the guarantee as provided in [Subd. (1)] above.
Warranty.
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.
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.
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The required warranty period for plant materials (sod, trees, and landscaping) is 2 growing seasons following installation.
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.
Miscellaneous Requirements.
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.
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.
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. 5. 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.
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.
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 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.
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.
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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 a.] above. Fair market value shall be determined as follows:
The City and the developer may agree as to the fair market value; or
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.
If the City disputes such appraisal the City may, at the subdivider’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.
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.
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.
Suitability of Land to be Dedicated.
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.
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.
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 within their developments. No credit
toward the required dedication shall be given for this work.
Standards for Location.
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.
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.
Procedures.
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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.
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.
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.
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.
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 [153.200.050] of this Chapter shall be met.
153.500.100 ENVIRONMENTAL REVIEW
Subd. 1. 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. 2. 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 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.
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.
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.
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.
Procedures.
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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.
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.
Failure of a property owner to receive notice shall not invalidate any such proceedings as set
forth within this Chapter.
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.
c. 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 environmental effects.
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.
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.
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.
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153.500.110 NONCONFORMITIES
Subd. 1. 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.
Subd. 2. General Provisions.
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.
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.
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 welfare of the
community, shall:
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.
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.
The acceptability of the time schedule shall be determined by the City Council with right of appeal.
Subd. 3. Nonconforming Buildings and Structures.
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.
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.
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:
The alterations do not expand the building size.
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The alterations do not change the building occupancy capacity, or parking demand or sewage treatment requirements.
The alterations do not increase the nonconformity of the building or the use.
Expansion of Nonconforming Buildings or Structures.
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 [153.500.050 and 153.500.060] of this Chapter, provided that:
a. The existing structure remains in place, and is expanded.
b. 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. An Administrative Permit shall not be issued under this Section for a deviation from other requirements of this Chapter unless variances are also approved.
c. The Zoning Administrator finds that any such expansion will not have external negative impacts
upon adjacent properties or public rights-of-way.
d. Long term sewage disposal needs can be met.
e. 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:
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.
The request for Conditional Use Permit shall be evaluated based on standards set forth in
Section [153.500.050] of this Chapter.
Long term sewage disposal needs can be met.
f. Buildings or Structures in the Floodplain Overlay District. Notwithstanding paragraphs (A), (B), (C) and (D) 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.
Subd. 4. Nonconforming Uses.
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:
The nonconformity or occupancy is discontinued for a period of more than 1 year.
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.
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Notwithstanding [f] 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 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.
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.
Changes to Nonconforming Uses.
a. 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.
b. 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.
Subd. 5. Nonconforming Lots. 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:
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.
Development of the lot is consistent with the Comprehensive Plan and the lot is properly zoned for single family use.
The lot shall be at least 66% of the dimensional standards for lot size and lot width as required by the Base
Zoning District and any applicable Overlay District.
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.
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.
All structure and septic system setbacks shall be met.
Impervious surface coverage must not exceed 25 %.
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 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.
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.
A conforming lot shall not be reduced in size so that it would become nonconforming in any aspect of this Chapter.
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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.
153.500.120 VIOLATIONS, ENFORCEMENT AND PENALTIES
Subd. 1. 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. 2. 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.