(Ord. 699, passed 1-18-22)

   Subd. 1. Zoning Administrator to enforce. The Zoning Administrator shall enforce this chapter and shall perform the following duties:

      A. Oversee issuance of building permits and make and maintain records thereof.

      B. Oversee inspections and use of land to determine compliance with the terms of this chapter.

      C. Maintain permanent and current records of this chapter, including, but not limited to all:

         1. Maps;

         2. Amendments;

         3. Conditional uses;

         4. Interim uses;

         5. Variances;

         6. Planned unit developments;

         7. Subdivision plats;

         8. Minor subdivisions;

         9. Permits;

         10. Appeals; and

         11. Applications therefor.

      D. Receive, file and forward all applications to the designated official bodies.

      E. Review proposed development to ensure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law.

   Subd. 2. Nonconformities and preexisting lots, structures, and uses.

      A. Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of zoning districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall eventually brought into conformity.

      B. No lot shall be so reduced that the dimensions and yard requirements imposed by this chapter cannot be met unless the reduction converts a non-conforming use or structure into a conforming use or structure. No part of the yard or open space required for a given building shall be included as part of the yard or open space required for another building.

      C. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

         1. EXPAND OR EXPANSION. Any increase in a dimension, size, area, volume or height; any increase in the area of use; any placement of a structure or part thereof where none existed before; any addition to a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use; increase in the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees or such other factors deemed relevant by the city.

         2. IMPROVEMENT. Making the nonconforming use better, more efficient, or aesthetically pleasing, including any change that does not replicate what pre-existed. A mere expansion, enlargement or intensification of a nonconforming use does not constitute an improvement for that reason alone.

         3. NONCONFORMING LAND USE. An activity using land, a building or structure, or a combination thereof, for a purpose that was lawful when established and which is not permitted by the provisions of existing land use regulations.

         4. NONCONFORMING STRUCTURE. A structure that was constructed in compliance with the land use regulations in effect at that time with respect to certain standards such as location, height, setback or size, but no longer complies in that regard with existing land use regulations.

         5. REPLACEMENT, RECONSTRUCTION OR RESTORATION. The repair of a building or structure that duplicates the condition of the building prior that existed prior to the construction activity or to allow for ingress/egress as required by the Building Code.

      D. General principles.

         1. A nonconforming use or structure may be used and continued by means of repair, replacement, restoration, maintenance or improvement that does not constitute an expansion.

         2. A nonconforming land use or nonconforming structure may not be expanded except for the purpose of making it a permitted use or structure; or, as otherwise may be permitted by the provisions of this section.

         3. A nonconforming use land use may be extended throughout the building or structure, provided no structural alterations or changes are made therein. If a structural alteration or change is required by law, is needed to promote safety, or is otherwise necessary to secure or ensure the continued advantageous use of the building during its natural life, such structural alteration is permitted.

         4. A nonconforming land use may not be resumed if the use has been discontinued for a period of 12 consecutive months; or if the use requires the existence of a nonconforming structure that has been removed and not replaced for a period of 12 consecutive months.

         5. Removal or destruction of a nonconforming structure to the extent of more than 50% of its estimated market value at the time of its removal or damage by fire or other peril terminates the right to replace or repair such nonconforming structure, unless a building permit application to do so is submitted to the city for approval within 180 days of the date of the removal or damage.

         6. An expansion may be made to a structure used as a residence that constitutes a nonconforming land use when such expansion improves the livability and safety of the structure, and does not increase the number of dwelling units contained within the structure. Construction and alteration of a garage or accessory building is also permitted if the construction or alteration otherwise complies with the building standards applicable to the underlying zoning district, and the use of the building is consistent with the nonconforming land use in question.

         7. If a nonconforming land use is superseded or replaced by a permitted use, the nonconforming status of the premises and any right which may arise under the provisions of this section terminate.

         8. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered, and use of any land shall be in compliance with the regulations established herein for the district in which the buildings or lands are located.

      E. Pre-existing lots of record. A single-family detached dwelling may be erected on any lot, irrespective of its area or width, of record prior to the effective date of ordinance from which this chapter is derived, provided that:

         1. Such residential construction was permitted on that lot under city zoning and land use ordinances which predated this chapter; and

         2. Such construction complies with the applicable yard size open space, and other requirements of such previous ordinances.

   Subd. 3. Fees and expenses. Costs, charges, fees or other eligible expenses incurred under the administration of this chapter shall be paid in full as a condition of approval thereof.

   Subd. 4. Permits.

      A. Application.

         1. Except as hereinafter provided, no person shall construct, erect, alter, wreck, or move any building or structure or part thereof within the corporate city limits without first securing a building permit from the city. The application for a permit shall apply as set forth in the State Building Code.

         2. The application for a building permit shall be made on forms to be furnished by the city. Each application for a permit to construct or alter a building shall be accompanied by a plan, drawn to scale, showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected. Applications for any kind of building permit shall contain such other information as may be deemed necessary for the proper enforcement of this chapter or any other ordinance of the city.

      B. Issuance. The Zoning Administrator shall issue the building permit only after determining that the building plans together with the application comply with the terms of this chapter. A building permit shall be valid for 180 days after the date of issuance, and shall expire if the construction is not commenced within that period.

   Subd. 5. Decisions on case-by-case basis. All requests for variances, conditional use permits, and interim use permits shall be decided solely on the individual situation. No action on any such matter shall be used or cited in consideration of another such application or case, nor shall such action be considered as setting precedent or changing the terms of this chapter.

(Ord. 699, passed 1-18-22)

   Subd. 1. A Board of Adjustment is established by the City Council.

   Subd. 2. The Board of Adjustment shall adopt rules for the transaction of its business and shall keep a public record of its proceedings, including minutes of its meetings and its findings and determinations.

   Subd. 3. The Board of Adjustment shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator or Planning Commission. Such appeal may be taken by any person aggrieved by any such order or decision.

   Subd. 4. The aggrieved applicant shall file an appeal, in writing, with the Zoning Administrator, describing the order or decision appealed, and the reasons they believe that order or decision to be in error. The written appeal shall be filed with the Zoning Administrator within 30 days of the appellant's receipt of the order or decision they wish to appeal.

   Subd. 5. The Zoning Administrator shall transmit the written appeal to the Board of Adjustment. The Board shall set the date for a public hearing on the appeal and shall have a notice of such hearing provided to the appellant by mail at least ten days prior to the hearing.

   Subd. 6. Any person may appear at the hearing, either in person or by agent or attorney. The Board of Adjustment shall make a decision within 30 days of the public hearing and a written order deciding the matter shall be provided to the appellant.

   Subd. 7. The Board of Adjustment may reverse or affirm, in whole or in part, or modify the Zoning Administrator's or Planning Commission order, requirement, decision, or determination. The Board of Adjustment's decision shall be final. The reasons for the Board of Adjustment's decision shall be stated in writing.

(Ord. 699, passed 1-18-22)

   Subd. 1. Criteria. In granting a conditional use permit, the Planning Commission shall consider the advice and recommendations of the Planning and Zoning Administrator and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings, where applicable:

      A. The use will not create an excessive burden on existing parks, schools, streets and other public facilities which serve or are proposed to serve the area.

      B. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.

      C. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.

      D. The use is reasonably related to the overall city needs and to the existing land use.

      E. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

      F. The use is not in conflict with the city's comprehensive plan.

      G. The use will not cause any traffic hazard or congestion.

      H. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.

         1.   To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

         2.   To allow a use that is presently judged acceptable by the city, but that, with anticipated development or redevelopment, will not be acceptable in the future.

         3.   To allow a use that otherwise may not be allowed under the zoning regulations but because of its temporary nature may be acceptable.

         1. A signed statement agreeing:

            a. That the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit.

            b. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and

            c. That the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the interim use permit.

         2. A statement addressing the relationship of the proposed project to the neighboring uses.

         1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties.

         2. The date or event that will terminate the use can be identified with certainty, with a maximum duration of five years from the date of approval.

         3. The use will not adversely impact the health, safety and welfare of the community;

         4. The use is similar to existing uses in the area;

         5. The use shall conform to zoning regulations, except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent;

         6. There is adequate assurance the property will be left in a suitable condition after the use is terminated;

         7. By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future;

         8. The property owner, or other mutually designated party (“party”), agrees to any conditions that the City Council has deemed appropriate for permission of the use, including an optional condition that the party provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit.

         1. The date stated in the permit;

         2. A violation of conditions and subsequent revocation of the permit;

         3. Revocation resulting from a cessation of the interim use for 180 consecutive days;

         4. A change in the zoning regulations that renders the use nonconforming.

      A. Increasing the required lot size or yard dimension.

      B. Limiting the height, size or location of buildings.

      C. Controlling the location and number of vehicle access points.

      D. Increasing the street width.

      E. Increasing the number of required off-street parking spaces.

      F. Limiting the number, size, location or lighting of signs.

      G. Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

      H. Designating sites for open space.

      I. Establishing a time limit on operations.

   Subd. 4. The Planning and Zoning Administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and conditions imposed by the Planning Commission, time limits, review dates, and such other information as may be appropriate.

      A. A preliminary building and site development plan. The Planning Commission Council may also require a boundary survey of the property.

      B. Evidence of ownership or enforceable option on the property.

      A. The property owner or their agent shall meet with the Zoning Administrator to explain their situation, learn the procedures and obtain an application form.

      B. The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator and shall pay a filing fee as established from time to time by the City Council.

      C. The Zoning Administrator shall transmit the application to the Planning Commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.

      D. The Zoning Administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.

      E. The Planning Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce such adverse effects. The Planning Commission shall take one of three actions within 30 days after holding the public hearing: approval, denial, or approval with special conditions.

      F. If it grants the conditional use permit, the Planning Commission may impose conditions it considers necessary to protect the public health, safety and welfare, and such conditions may include time limits for the use to exist or operate.

      G. All appeals of the decision of the Planning Commission relating to conditional use permits shall be filed within 15 days of such decision to the Board of Adjustment.

      H. Where a conditional use permit has been issued pursuant to the provisions of this section, such permit shall become null and void without further action by the Planning Commission or City Council, unless work thereon commences within six months of the date such permit was granted. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use ceases for more than 180 consecutive days.

      I. In the event that the applicant violates any of the conditions set forth in the conditional use permit, the City Council shall have the authority to revoke the conditional use permit.

      J. No application of a property owner for a conditional use shall be considered by the Planning Commission within a one-year period following a denial for such a request, except the Planning Commission may permit a new application if, in its opinion, new evidence or a change in circumstances warrants it.

(Ord. 699, passed 1-18-22; Am. Ord. 703, passed 6-6-22)

   Subd. 1. Variances.

      A. Procedure. The procedures for obtaining a variance from the regulations of this chapter are as follows:

         1. The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

         2. The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator and shall pay a filing fee, as established from time to time by the City Council.

         3. The Zoning Administrator shall schedule the application for review by Planning Commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; provided however, failure of any property owners to receive such notification shall not invalidate the proceedings.

         4. The Zoning Administrator shall set the date for a public hearing and shall have the notice of such hearing published at least once in the legal newspaper, not less than ten days prior to the hearing.

         5. The Board of Adjustment shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: approval, denial, or approval with special conditions.

         6. No application by a property owner for a variance shall be submitted to the Board of Adjustment within a six-month period following a denial of such a request, except the Board may permit a new application, if in the opinion of the Board, new evidence or change of circumstances warrants it.

         7. All appeals from the decision of the Board of Adjustment relating to variances shall first be presented to the City Council, and shall be filed in writing with the City Council within 30 days of the action of the Board of Adjustment. Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the City Council's final action.

         8. The Board of Adjustment may impose such restrictions and conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

      B. Exhibits to accompany application.

         1. A preliminary building and site development plan is required to be submitted when applying for a variance. The Board of Adjustment or City Council may also require a boundary survey of the property.

         2. Evidence of ownership or enforceable option on the property shall be required to be submitted when applying for a variance.

      C. Criteria.

         1. The Board of Adjustment, consistent with the authority granted by law, may grant a property owner a variance from compliance with the literal provisions of this chapter in an instance where strict enforcement would cause practical difficulties to the individual property owner and when it can be demonstrated that such action will be in keeping with the spirit and intent of this chapter.

         2. The term "practical difficulties" means that the:

            a. Property owner purposes to use the property in a reasonable manner that is not otherwise permitted; and

            b. The plight of the property owner is due to circumstances unique to the property, not created by the property owner; and

            c. The variance, if granted, will not alter the essential character of the locality.

            d. Economic considerations alone do not constitute practical difficulties. "Practical difficulties," for the purposes of this section, also means and includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

      D. Notwithstanding a finding that practical difficulties exist, the Board of Adjustment may not permit as a variance any use that is not permitted under the provisions of this chapter for property in the zone where the land for which the variance is sought is located.

      E. In its consideration of a variance request the Board of Adjustment shall consider the following questions:

         1. Whether or not exceptional, unique or extraordinary circumstances apply to the physical surrounding, shape or topographic conditions of the parcel of land which results in practical difficulties for the owner.

         2. Whether or not the variance requested will alter the essential character of the locality.

         3. Whether or not granting the variance requested will:

            a. Impair an adequate supply of light and air to adjacent property;

            b. Substantially increase congestion in adjacent public streets;

            c. Endanger the public safety;

            d. Substantially diminish or impair property values within the vicinity.

         4. Whether the variance requested is the minimum variance which would alleviate the practical difficulties.

         5. Whether or not the variance requested is consistent with the intent of this chapter and the city's comprehensive plan.

         6. Whether or not the variance requested provides for a reasonable and practical solution that eliminates the practical difficulties.

      F. The Board of Adjustment, in granting a variance, may impose additional conditions to ensure compliance with its decision and protect adjacent properties. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.

(Ord. 699, passed 1-18-22)

   Subd. 1. Types of amendments. The amendments adopted by the City Council may be as follows:

      A. A change in a district's boundary (rezoning).

      B. A change in a district's regulations.

      C. A change in any other provision of this chapter.

   Subd. 2. Methods to initiate proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

      A. By petition of an owner of the property which is proposed to be rezoned, or for which district regulation changes are proposed.

      B. By recommendation of the Planning Commission.

      C. By action of the City Council.

   Subd. 3. Procedures.

      A. By property owner. The procedure for a property owner to initiate a rezoning or district regulation change applying to his or her property is as follows:

         1. The property owner or his or her agent shall meet with the Zoning Administrator to explain the situation, learn the procedures and obtain an application form.

         2. The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator and shall pay a filing fee as established from time to time by the City Council.

         3. The Zoning Administrator shall transmit the application and required exhibits to the Planning Commission and shall notify, by U.S. Mail, property owners within the affected zone and within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings, unless such notice is required by law.

         4. The Zoning Administrator shall set the date for a public hearing required by law, and shall have the notice of such hearing published in the legal newspaper at least once, not less than ten days, nor more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or the City Council.

         5. The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days after the public hearing, one of three actions: approval, denial, or approval with special conditions/modifications.

         6. The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission. Amendments to this chapter shall be by passage upon a simple majority vote of the City Council, provided that any action or passage overriding the recommendations of the Planning Commission shall require a four-fifths majority vote of the entire City Council.

         7. No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within the one-year period following a denial of such request, except the Planning Commission may permit a new application if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrants it.

      B. By Planning Commission or City Council.

         1. Amendments of this chapter not initiated by the Planning Commission shall be referred to the Planning Commission for study and review.

         2. All amendments of this chapter initiated by the Planning Commission or the City Council shall be the subject of a public hearing pursuant to law. A date shall be set for a public hearing and notice of such hearing published in the legal newspaper at least once not less than ten days, nor more than 30 days prior to the hearing. The City Council may waive the mailed notice requirements for a city-wide amendment to this chapter initiated by the Planning Commission or City Council give notice in the manner required by law.

         3. The Planning Commission shall hold the public hearing and then shall recommend to the City Council within 30 days after the public hearing one of three actions: approval, denial, or approval with special conditions/modifications.

         4. The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning Commission. Amendments to this chapter shall be by passage upon a simple majority vote of the City Council, provided that any action or passage overriding the recommendations of the Planning Commission shall require a supermajority (two-thirds) vote of the entire City Council.

   Subd. 4. Exhibits to accompany the application. The following shall be submitted with an amendment application made by a property owner.

      A. A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

      B. Evidence of ownership or enforceable option on the property.

   Subd. 5. Criteria. The City Council may adopt amendments to this chapter and the city zoning map in relation both to land uses within a particular district or to the location of district lines. Such amendments shall comply with the procedural requirements of law. Amendments shall not be issued indiscriminately but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city. The Planning Commission shall annually prepare a report for the City Council as to the operations of this chapter, including, when necessary, recommendations as to the enactment of amendments or supplements thereto.

(Ord. 699, passed 1-18-22)

   Subd. 1. Purpose. The purposes of this section are:

      A. To encourage a more creative and efficient development of land and its improvements than is possible under the more restrictive application of zoning requirements such as lot sizes and building setbacks, while at the same time meeting the standards and purposes of the comprehensive plan and preserving the health, safety and welfare of the citizens.

      B. To allow for a mixture of residential units in an integrated and well-planned area.

      C. To ensure concentration of open space into more usable areas, and the preservation of the natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.

   Subd. 2. Permitted uses. The following shall be permitted uses within a planned unit development: dwelling units in detached, clustered, semidetached, attached, or multistoried structures or combinations thereof.

   Subd. 3. Conditional use permit required; standards. A conditional use permit shall be required of all planned unit developments. The city may approve a planned unit development only if it finds that the development satisfies all the following standards, in addition to meeting the requirements of § 11.088, except for the time limit:

      A. The planned unit development is consistent with the city's comprehensive plan.

      B. The planned unit development is an effective and unified treatment of the development possibilities in the project site and the development plan provides for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas.

      C. The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.

      D. Financing is available to the applicant on conditions and in an amount sufficient to ensure completion of the planned unit development.

      E. The tract under consideration is under single control.

   Subd. 4. Preapplication meeting. Prior to the submission of any plan to the Planning Commission, the applicant shall meet with the Zoning Administrator and, if necessary, with the Planning Commission to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit a simple sketch plan at this stage for informal review and discussion. The applicant is urged to avail himself or herself of the advice and assistance of the planning staff to facilitate the review of the outline plan and preliminary plat.

   Subd. 5. Application.

      A. An applicant shall apply for and seek approval of a conditional use permit following the procedural steps as set forth in § 11.088.

      B. The following exhibits shall be submitted to the Zoning Administrator by the developer as part of the application for a conditional use permit and approval of development plan:

         1. A preliminary development plan.

         2. A preliminary plat, and all the necessary documentation, as required under the subdivision regulations, of all or that portion of the project to be platted.

         3. An explanation of the character and need for the planned unit development.

         4. A statement of proposed financing of the PUD.

         5. A statement of the present ownership of all the land included within the PUD and a list of property owners within 350 feet of the outer boundaries of the property.

         6. A general indication of the expected schedule of development including sequential phasing and time schedules.

         7. A map giving the legal description of the property, including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easement, street rights-of-way, utilities, and buildings for the property and for the area 350 feet beyond.

         8. Natural features maps of the property and the area 350 feet beyond showing contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation and soil and subsoil condition.

         9. A map indicating the proposed land uses, including housing units and types, vehicular and pedestrian circulation, and open-space uses.

         10. A full description as to how all necessary governmental services will be provided to the development, including sanitary sewers, storm sewers, water system, streets and other public utilities.

      C. In addition to the criteria and standards set forth in § 11.088 for the granting of conditional use permits, the following additional findings shall be made before any PUD preliminary development plan is approved.

         1. The proposed PUD is in conformance with the city's comprehensive plan.

         2. The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property, and will not be detrimental to the potential surrounding uses.

         3. Each phase of the proposed development, as it is proposed to be completed, is of sufficient size, composition, and arrangement that its construction, marketing and operation of dwelling units and common open space are balanced and coordinated.

         4. The PUD will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which are proposed to serve the district.

         5. The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.

      D. For purposes of administrative simplification, the public hearings required for the conditional use permit and preliminary plat may be combined into one hearing or may be held concurrently.

      E. Within 90 days following the approval of the conditional use permit, the preliminary development plan with any recommended modifications, and the preliminary plat, the applicant shall file with the Zoning Administrator a final development plan containing in final form the information required in the preliminary development plan, plus any changes recommended by the Planning Commission and the City Council as a result of the public hearing. The applicant shall also submit a final plat for all or that portion to be platted.

      F. The Zoning Administrator shall submit the final development plan and the final plat to the Planning Commission and other applicable agencies for review.

      G. The final development plan and the final plat shall conform to the preliminary development plan and preliminary plat, plus any recommended changes by the Planning Commission or City Council to the general development plan and preliminary plat.

      H. The City Council shall review the final development plan and final plat. The City Council shall give notice and provide opportunity to be heard on the final development plan to any person who has indicated in writing that he or she wishes to be notified.

      I. If the final development plan is approved by the City Council, the zoning administrator shall issue a conditional use permit to the applicant.

   Subd. 6. Enforcement of the final development plan. Construction and provision of all the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development plan, the Zoning Administrator shall review all of the building permits issued for the planned unit development and examine the construction which has taken place on the site. If he or she shall find that the rate of construction of dwelling units is faster than the rate at which common open spaces and public recreational facilities have been constructed and provided, he or she shall forward this information to the City Council, which may revoke the conditional use permit. If the developer or landowners fail to complete the open spaces and recreation areas within 60 days after the completion of the remainder of the project, the city may finish the open space areas, bill the developer, and assess such costs back to the developer or landowner.

   Subd. 7. Conveyance and maintenance of common open spaces.

      A. Conveyance. All land shown on the final development plan as common open space must be conveyed in one of the following ways, at the option of the city:

         1. It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures or improvements which have been placed on it.

         2. It may be conveyed to trustees provided in an indenture establishing a homeowners' association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the trustees, subject to covenants to be approved by the City Council which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which ensures its continuing use for its intended purpose.

      B. Maintenance. If the common open space is conveyed to a homeowners' association and the common open space is not maintained properly to the city's satisfaction, the city shall have the authority to maintain the property, bill the homeowners, and assess any unpaid maintenance costs back to the benefitted properties.

   Subd. 8. Standards for common open space. No open area may be accepted as common open space under the provisions of this section, unless it meets the following standards:

      A. The location, shape, size and character of the common open space must be suitable for the planned development.

      B. The common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to scale and character of the planned development, considering its size, density, expected population, topography and the number and type of dwellings to be provided.

      C. The common open space must be suitably improved for its intended use; the common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must enhance the amenities.

   Subd. 9. Utility connections.

      A. Where more than one property is served from the same water service line, a shutoff valve must be located in such a way that each unit's service may be shut off by the city, in addition to the normally supplied shutoff at the street.

      B. Where more than one unit is serviced by a sanitary sewer lateral which exceeds 300 feet in length, a provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or individual property owners.

   Subd. 10. PUD review and amendments.

      A. Revisions to the PUD.

         1. Minor changes in the location, placement and heights of buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved.

         2. Approval by the Planning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan.

         3. Any amendment to a PUD shall require the same procedures for the application of a conditional use permit as set forth in § 11.088 of this chapter.

   Subd. 11. Zoning amendments in relation to the comprehensive plan. Any change in zoning granted by the City Council shall automatically amend the comprehensive plan in accordance with the zoning change.

(Ord. 699, passed 1-18-22)