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ti <br />M <br />M <br />LAND USE <br />tion which has been denied wholly or in part <br />shall be resubmitted for a period of six months <br />from the date of the order of denial, except on <br />grounds of new evidence or proof of change of <br />conditions found to be valid by the planning <br />commission. <br />(Code 1984, § 10.10; Code 2003, § 78-43; Ord. No. <br />84(3rd series), § 1, 1-24-2011; Ord. No. 210(3rd <br />series), § 1, 6-25-2018) <br />State law references —Amendments generally, Minn. <br />Stats. § 462.357, subd. 4; similar provisions, Minn. Stats. <br />§ 462.357, subd. 3. <br />Sec. 6.12.240. All permits compatible with <br />agency requirements. <br />A building permit, conditional or special use <br />permit, or other permit or necessary permission <br />of the council, wherever or whenever required by <br />this Code, may be denied if the proposed action <br />or permit is not compatible with the intent and <br />provisions of the surface water management <br />plan, the stormwater runoff and shoreland <br />guidelines policy statement promulgated by the <br />Lake Minnetonka Conservation District, and <br />any other valid governmental regulations, plans <br />and policies adopted by the city. Three copies of <br />the policy statement and other applicable <br />governmental regulations, plans and policies <br />adopted by the city shall be marked as official <br />copies and filed for use and examination by the <br />public at city hall. <br />(Code 1984, § 10.03(3); Code 2003, § 78-44) <br />Sec. 6.12.250. Building compliance. <br />No building, structure or premises shall <br />hereafter be used or occupied and no building <br />permit shall be granted and no site plan review <br />shall be approved that does not conform to the <br />requirements of this chapter. <br />(Code 1984, § 10.07(6); Code 2003, § 78-45; Ord. <br />No. 68(3rd series), § 2, 2-8-2010) <br />Sec. 6.12.260. Occupancy certificates. <br />(a) When required. A zoning occupancy <br />certificate shall be required for occupancy and <br />use of any buildings erected or structurally <br />altered; for new occupancy and use of an existing <br />building when the new use is of a different <br />zoning classification; for occupancy and use of <br />§ 6.12.260 <br />vacant land and, new use of vacant land when <br />the new use is of a different zoning classification; <br />and for any change in the use of a nonconforming <br />use. Where appropriate, the zoning occupancy <br />certificate may be issued as part of building <br />permit. <br />(b) Prohibition. It is unlawful for any person <br />to do any of the things mentioned in subsection <br />(a) of this section as requiring an occupancy <br />certificate without having one in force. Any <br />certificate issued upon a false statement of any <br />fact which is material to the issuance shall be <br />void. Whenever the fact of such false statement <br />shall be established to the satisfaction of the <br />zoning administrator, he shall forthwith revoke <br />the occupancy certificate, by notice to the holder. <br />It is unlawful for any person to proceed thereafter <br />with such work or use without having obtained a <br />new certificate. <br />(c) Application for occupancy certificate. Every <br />application for a building permit to erect a new <br />building or to make a major alteration shall be <br />deemed to be an application for an occupancy <br />certificate. Every application for an occupancy <br />certificate for a use of land where no building <br />permit is required shall be made directly to the <br />zoning administrator. <br />(d) Issuance of occupancy certificate. An <br />occupancy certificate shall be approved within <br />ten days after construction has been completed, <br />the premises inspected and certified to be in <br />conformance with the provisions of this chapter. <br />Where vacant land or change in the use of <br />occupancy of an existing building, or for change <br />in a nonconforming use is involved, the certificate <br />of occupancy shall be approved as soon as the <br />zoning administrator has examined the premises <br />and determined that the requirements of this <br />chapter will be met. <br />(e) Occupancy certificate required for <br />nonconforming use. Application for such occupancy <br />certificate for all lawful nonconforming uses or <br />buildings created by the adoption of this chapter <br />shall be filed with the zoning administrator by <br />the owner or lessee by January 1, 1976. The <br />zoning administrator shall approve a certificate <br />of occupancy for a nonconforming use. Failure to <br />apply for such occupancy certificate will be prima <br />CD6:33 <br />