(1)   Land use and zoning applications for an individual property may be initiated by:

         (a)   The owner of the property that is the subject of the application;

         (b)   An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner; and

         (c)   If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.

      (2)   The Planning and Zoning Commission and City Council may initiate text and map amendments to this chapter. If the subject of the amendment is a specific site or project, the Planning and Zoning Commission or City Council may initiate amendments with or without application from the owner.

      (1)   The purpose of the pre-application meeting is to assist the applicant in identifying the type of approvals needed, the potential review criteria and the information to be contained in the application(s).

      (2)   Discussions that occur during pre-application meetings are not binding on the city and do not constitute official assurances or representations on the city.

      (3)   Pre-application meetings are required or recommended based on application type.

      (1)   Each application for a permit or approval, or for an amendment of a permit or approval, shall include all those application materials listed in the “Criteria for Complete Submittal” subsection of each land use and zoning application described in § 154.066 through § 154.070.

      (2)   The city may reject an application not meeting the requirements of this chapter or where the required fee or escrow has not been paid.

      (3)   Fees.

         (a)   To defray administrative costs of processing of requests for variances, conditional uses and amendments to the official zoning map and text of this chapter a base fee shall be paid by all applicants. The fee shall be set by ordinance of the City Council, as it may be amended from time to time.

         (b)   1.   In order to defray the additional cost of processing applications (amendment, conditional use, variance, appeal) for development, all applicants shall pay the total cost of all materials for the request.

            2.   Materials shall include, but not be limited to maps, graphs, charts, drawings and the like and all printing or reproduction of such materials.

         (c)   Fees shall be payable at the time applications are filed with the Zoning Administrator.

            1.   No application shall be processed until the established fee has been paid.

            2.   A deposit to cover special materials will be established and required by the Zoning Administrator at the time the base fee is paid, if necessary.

      (1)   Depending on the requirements of this chapter, multiple applications may be required.

      (2)   The Zoning Administrator shall determine the order of application review based on the City Code, including this chapter and state requirements. Where possible, applications will be reviewed in tandem.

      (1)   Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator.

      (2)   In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the city in the processing of an application shall not be refunded.

      (1)   In compliance with M.S. § 15.99, as may be amended from time to time, the city shall take action to approve or deny applications for conditional use permit, variances and zoning amendments within 60 days of receiving a completed application.

      (2)   If the city cannot take action to approve or deny the application within 60 days of receiving the completed application, the city may extend the timeline for taking action before the end of the initial 60-day period by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant in writing.

      (1)   Notice of the public hearing shall be published in the official newspaper of the municipality at least ten days prior to the date of the hearing.

      (2)   The notice shall also be mailed not less than ten days to all property owners of record according to the county assessment records within 350 feet of the property.

      (3)   A copy of the notice and list of the individuals and/or property owners and addresses to which the notices were sent shall be attested to by the Zoning Administrator and made part of official record. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this chapter has been made.

      (4)   Each required notice shall include the following information:

         (a)   The name of the applicant;

         (b)   The address, property identification number or other method of clearly identifying the property;

         (c)   The type of approval being sought;

         (d)   Contact information where additional information can be obtained;

         (e)   Date, time and location of the public hearing; and

         (f)   Right and procedure to receive notice of any appeal.

      (5)   In the case of an appeal, mailed notice shall also be provided to any interested parties who have notified the city in writing that they would like to receive notice of the appeal.

      (6)   If the application pertains to land within the Floodplain Management Overlay District under local management control, a copy of the application and notice of hearing shall be provided to the Minnesota Department of Natural Resources (DNR). The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

      (1)   Appeals shall be taken within such time as shall be prescribed by the Board of Adjustments and Appeals by general rule, by filing with the Board a notice of appeal specifying the grounds thereon.

      (2)   The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the appellant and to the Planning and Zoning Commission and shall decide the same within a reasonable time.

      (3)   The Board of Adjustments and Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination, as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer, commission or Council, from whom the appeal was taken and may issue or correct the issuance of a permit or take such other action as may be called for by the procedure in question.

      (4)   The reason for the Board's decision shall be stated in writing.

      (5)   Any person having an interest affected by the decision shall have the right to appeal to the District Court for the county.

(Ord. 879, passed 10-28-2020)

      (1)   Site plan review approval shall be required for all site alterations, construction, and change of uses for residential properties with three or more units and any nonresidential properties.

      (2)   This review may be part of a building permit approval process, or may be for land use and zoning activities not requiring a building permit, such as installation of fences and construction of impervious surfaces on a property.

      (1)   The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee, as established by the Council, for processing the site plan review application.

      (2)   The Zoning Administrator shall review the application and within 15 business days after receiving the application shall notify the applicant in writing if the application is not complete and what additional information is required.

         (a)   A completed application form;

         (b)   Evidence of ownership or enforceable option on the property;

         (c)   A survey/site plan, to-scale, of the property, with the following:

            1.   Property boundary;

            2.   Locations and dimensions of existing features, such as structures, impervious surfaces, fences/retaining walls, waterbodies and wetlands; and

            3.   Locations and dimensions of proposed features, such as structures, impervious surfaces, fences/retaining walls, refuse storage areas.

         (d)   Additional elements, as may be required depending on the site and proposed use. These may be included within the site plan or as separate plan documents:

            1.   Grading and drainage plan showing existing and proposed topography at two-foot contours;

            2.   Parking, loading and circulation plan;

            3.   Screening and bufferyard landscaping plan; and

            4.   Utility plan.

         (a)   When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall review the application for compliance with the applicable zoning standards of this chapter and shall have the authority to approve or deny the application.

         (b)   Before granting any site approval, the Zoning Administrator may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Director of Public Works or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities.

         (a)   Compliance with the zoning standards of the base zoning district and any special district, including but not limited to: lot size, setbacks, building height and impervious surface coverage;

         (b)   Compliance with applicable use-specific standards, as detailed in §§ 154.175 to 154.178, Use Specific Standards; and

         (c)   Compliance with development standards, as detailed in §§ 154.125 to 154.127, which include, but are not limited to: general performance standards, parking, loading, and circulation standards, and screening and bufferyard landscaping standards.

         (a)   If the site plan review be part of a building permit application process, commencement of proposed activity shall not be permitted until both the site plan review and building permit are fully approved.

         (b)   Should the decision of the Zoning Administrator be denial of the application, the Zoning Administrator shall provide the applicant reason for denial in writing.

         (a)   The city shall maintain a record of all approved site plan review applications including a copy of the application, materials, review dates and such other information as may be appropriate. A record of applications which were not approved shall also be maintained for record keeping purposes.

         (b)   If the site plan review is for a use with use-specific standards, as listed within §§ 154.175 to 154.178, those standards and the application’s compliance with those standards shall be included within the record maintained by the city.

         (a)   Approval of a site plan review application shall expire in 12 months unless substantial work has commenced, or in 24 months after approval if the structure for which the site plan review has been approved is not substantially completed. In the event of expiration, the applicant shall reapply for a site plan review before commencing work on the structure.

         (b)   Should the use of the property change or circumstances of the site differ from the approved site plan review, including compliance with the use-specific standards listed in §§ 154.175 to 154.178, the approval shall no longer be considered upheld and the Zoning Administrator shall proceed through enforcement actions as described in §§ 154.080 through 154.084.

(Ord. 879, passed 10-28-2020)

      (1)   Certain conditions as detailed in this chapter exist;

      (2)   The use or development conforms to the comprehensive plan; and

      (3)   Is compatible with the existing area.

      (1)   The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee, as established by the City Council, for processing the conditional use application.

      (2)   The Zoning Administrator shall review the application and within 15 business days after receiving the application shall notify the applicant in writing if the application is not complete and what additional information is required.

      (3)   Criteria for complete submittal. No submittal to the city shall be considered complete without receipt of the following:

         (a)   A completed application form;

         (b)   An accurate boundary description of the property;

         (c)   Evidence of ownership or enforceable option on the property;

         (d)   A development plan of the property showing the existing or proposed buildings, streets, access roads, driveways, parking spaces and signs;

         (e)   Landscaping and screening plans;

         (f)   Any submittal materials pertaining to a site plan review, as listed in § 154.066, as may be required at the discretion of the Zoning Administrator; and

         (g)   Any additional information deemed necessary by the Zoning Administrator to determine the suitability of the particular site for the proposed use.

         (a)   When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J)

         (b)   The Planning and Zoning Commission shall hold the public hearing and may table the application if necessary to study the application to determine possible adverse effects of the proposed conditional use and determine what additional requirements may be necessary to reduce any adverse effects.

         (a)   Upon the conclusion of the public hearing, the Planning and Zoning Commission shall recommend to the City Council either approval of the conditional use permit, approval of the conditional use permit subject to amended or conditions or denial of the conditional use permit.

         (b)   The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.

         (a)   In making the determination, whether or not the conditional use is to be allowed, the City Council shall consider:

            1.   The effects of the proposed use on the comprehensive plan; and

            2.   The effects of the proposed use upon the health, safety and general welfare of occupants of surrounding lands.

         (b)   Among other things, the City Council shall make the following findings where applicable:

            1.   The proposed conditional use meets all of the applicable use specific standards listed within §§ 154.175 to 154.178;

            2.   The use is not in conflict with the comprehensive plan of the city;

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

            4.   The use will not cause traffic hazards and the traffic generated by the proposed use can be safely accommodated on existing or planned street systems; and the existing public roads providing access to the site will not need to be upgraded or improved by the city in order to handle the additional traffic generated by the use;

            5.   Adequate measures have been taken or are proposed to prevent or control offensive odor, fumes, dust, noise, vibration or lighting which would otherwise disturb the use of neighboring property;

            6.   Adequate utilities, parking, drainage and other necessary facilities will be provided;

            7.   The proposed use will not impede the normal and orderly development or improvements of the surrounding property;

            8.   The proposed use will not be injurious to the use and enjoyment of other property in the neighborhood and will not significantly diminish or impair the values of the property;

            9.   The use will not disrupt the character of the neighborhood; and

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

         (c)   Additional conditions. In permitting a new conditional use or in the amendment of an existing conditional use, the city may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the city considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

            1.   Increasing the required yard setback dimension;

            2.   Limiting the height, size or location of the buildings;

            3.   Controlling the location and number of vehicle access points;

            4.   Increasing the street width;

            5.   Increasing the number of required off-street parking spaces;

            6.   Limiting the number, size, location or lighting of signs;

            7.   Requiring diking, fencing, screening, berming, landscaping or other facilities to protect adjacent or nearby property;

            8.   Designating sites for open space; and

            9.   Limiting the hours of operation.

         (a)   The city shall maintain a record of all conditional use permits issued including information on the use, location and conditions imposed by the city; time limits, review dates and such other information as may be appropriate. A record of applications which were not approved shall also be maintained for record keeping purposes.

         (b)   All CUPs shall be issued pursuant to M.S. § 462.3595 as may be amended from time to time and a certified copy of any conditional use permit shall be recorded with the county recorder along with a legal description of the property subject to the CUP.

         (a)   If a conditional use permit is approved or approved with additional conditions, all future use of the land and structures erected on the land pursuant to the permit shall comply with its terms and conditions.

            1.   A property owner may request an amendment to the conditions of an existing conditional use permit by submitting a full application for a conditional use permit and going through the full procedure described in this section.

            2.   In their review, the Planning and Zoning Commission and the City Council shall consider the original conditions of the approved CUP and find that the amended condition(s) are no longer relevant, are in need of updating, or need to be removed.

            1.   The city may call for the revocation a conditional use permit when it finds that at least one of the following circumstances exists:

               a.   The approval was obtained by fraud;

               b.   Where a conditional use permit has been issued and no work thereon has commenced, or the use has not yet commenced, within 12 months of the date of granting the conditional use permit, excluding time during which the property owner can demonstrate: (1) the city had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; (2) a valid building permit directly related to said use or activity was in effect and was being diligently pursued; or (3) the property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to reestablish the use on the site;

               c.   In the event that the applicant violates any of the conditions set forth in the conditional use permit.

            2.   Should revocation of a conditional use permit be called for, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).

            3.   The public hearing shall be held by the Planning and Zoning Commission. If the Planning and Zoning Commission finds that the continuation of the conditional use is in violation of this chapter, the Planning and Zoning Commission shall recommend the City Council revoke the conditional use permit.

            4.   The City Council shall act upon the recommendation of the Planning and Zoning Commission within 30 days of receiving the recommendation. The Zoning Administrator shall, in writing, inform the individual or party in question of the action of the Council and shall enforce the action taken.

   (Ord. 879, passed 10-28-2020; Ord. 1.1-2021, passed 2-10-2021)

      (1)   “Practical difficulty” as used in connection with the granting of a variance shall include all the following:

         (a)   The property owner proposes to use the property in a reasonable manner that is not otherwise not permitted by an official control;

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

         (c)   The variance, if granted, will not alter the essential character of the locality; and

         (d)   The need for the variance involves more than economic considerations.

      (2)   “Practical difficulties” also means and includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

      (1)   The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee, as established by the Council, for processing the variance application.

      (2)   The Zoning Administrator shall review the application and within 15 business days after receiving the application shall notify the applicant in writing if the application is not complete and what additional information is required.

      (3)   Criteria for complete submittal. No submittal to the city shall be considered complete without receipt of the following:

         (a)   A completed application form;

         (b)   An accurate boundary description;

         (c)   Evidence of ownership or enforceable option on the property;

         (d)   An accurate drawing, at scale, showing property lines, location of existing buildings and proposed project;

         (e)   A narrative by the applicant explaining why the situation of the subject property creates a practical difficulty, as identified in § 154.068(B) and requires a variance from the provisions of this chapter; and

         (f)   Any submittal materials pertaining to a site plan review, as listed in § 154.068, as may be required at the discretion of the Zoning Administrator.

         (a)   When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).

         (b)   The Planning and Zoning Commission shall hold the public hearing and may table the application for further investigation if necessary.

         (a)   Upon the conclusion of the public hearing, the Planning and Zoning Commission shall recommend to the City Council, in its role as the Board of Adjustments and Appeals, either approval of the variance, approval of the variance subject to conditions or denial of the variance.

         (b)   The City Council, in its role as the Board of Adjustment and Appeals, shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.

         (c)   In granting the variance, the City Council, in its role as the Board of Adjustment and Appeals, may impose additional conditions to ensure compliance with its decision and to protect adjacent properties. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.

         (a)   In its consideration of a variance request, the Planning and Zoning Commission shall consider the following questions when making their recommendation to the City Council:

            1.   Whether or not exceptional, unique or extraordinary circumstances apply to the physical surrounding, shape or topographic conditions of the parcel of land that result 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; or

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

            4.   Whether the variance requested is the minimum variance that 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; and

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

         (b)   In its consideration of a variance request, the City Council shall make the following findings:

            1.   The proposed use is not prohibited in the zoning district in which the subject property is located;

            2.   The variance must be in harmony with the general purposes and intent of this chapter;

            3.   The terms of the variance must be consistent with the comprehensive plan; and

            4.   The landowner must show that the variance is necessary to alleviate the practical difficulties in complying with the official control.

         (a)   Approval of the variance shall expire if no work thereon has commenced within 12 months of the date of approving the variance.

         (b)   The City Council, in its capacity as the Board of Adjustments and Appeals and consistent with the authority granted by law, may grant a property owner a revocation or an amendment to an existing variance; the property owner may start the process by submitting a full application for a variance and going through the full procedure described in this section.

            1.   Should the property violate any conditions of approval for the variance, the Zoning Administrator shall proceed through enforcement actions as described in §§ 154.080 through 154.083.

            2.   Should those enforcement actions still not result in remedying the violated conditions of approval, then the Zoning Administrator shall notify the property owner in writing that the city will commence the revocation process in 30 calendar days if the violated conditions have not been remedied. After 30 days, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).

            3.   The public hearing shall be held by the Planning and Zoning Commission. If the Planning and Zoning Commission finds that the property is in violation of the conditions of the variance, the Planning and Zoning Commission shall recommend the City Council revoke the variance.

            4.   The City Council shall act upon the recommendation of the Planning and Zoning Commission within 30 days of receiving the recommendation. The Zoning Administrator shall, in writing, inform the individual or party in question of the action of the Council and shall enforce the action taken.

(Ord. 879, passed 10-28-2020; Ord. 1.1-2021, passed 2-10-2021)

      (1)   The Council may adopt amendments to this chapter and the zoning map in relation both to land uses within a particular district or to the location of a district line. The 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.

      (2)   Types of amendments:

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

         (b)   A change in a district's regulations; and

         (c)   A change in any other provision of this chapter.

      (3)   Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

         (a)   By petition of an owner or owners of property which is proposed to be rezoned or for which district regulation changes are proposed;

         (b)   By recommendation of the Planning and Zoning Commission; and/or

         (c)   By action of the Council.

      (1)   The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee as established by the Council.

      (2)   The Zoning Administrator shall review the application and, within 15 business days after receiving the application, shall notify the applicant in writing if the application is not complete and what additional information is required.

         (a)   A completed application form;

         (b)   Evidence of ownership or enforceable option on the property;

         (c)   A description of the proposed future use of the site or amendment to this chapter;

         (d)   A narrative by the applicant describing how the requested rezoning/amendment complies with the guidance of the comprehensive plan;

         (e)   If the amendment is related to a development, a preliminary building and site plan is required; and

         (f)   Any additional information deemed necessary by the Zoning Administrator to determine the suitability of the particular site for the proposed use.

         (a)   When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).

         (b)   The Planning and Zoning Commission shall hold the public hearing and may table the application if necessary to study the application to determine possible adverse effects of the proposed zoning amendment and determine what additional requirements may be necessary to reduce any adverse effects.

         (a)   Upon the conclusion of the public hearing, the Planning and Zoning Commission shall recommend to the City Council either approval of the Rezoning/Zoning Amendment or denial of the Zoning Amendment.

         (b)   The Council shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.

            1.   A copy of the proposed ordinance shall be available for public view at the City Hall and posted online for public view at least ten days prior to the City Council meeting.

            2.   Amendments to this chapter shall be by passage upon a simple majority vote of the City Council.

         (c)   The city shall take action to approve or deny the application within 60 days of receiving a completed application, as detailed within § 154.065(I).

         (d)   No resubmittal of an application for a zoning amendment shall be considered by the city within a one-year period following a denial of the request, except as provided within § 154.065(L).

         (a)   In making the determination, whether or not the zoning ordinance is to be amended, the City Council shall consider:

            1.   The compliance of the zoning amendment with the overall guidance of the comprehensive plan; and

            2.   The effect the zoning district as a whole would have on the site and adjacent sites.

         (b)   In making its determination, the City Council shall not utilize the preliminary building and site plan as reasoning to approve or deny the zoning amendment; furthermore, the approval or denial of a zoning amendment shall not be considered action taken nor approval given of a preliminary building and site plan.

         (a)   A copy of the amended ordinance, or a summary publication as may be approved, shall be published in the local newspaper.

         (b)   The City Clerk shall maintain a record of all ordinances and amended ordinances related to this Title.

            1.   The ordinances shall be reflected in online codification, which may be updated periodically.

            2.   Copies of ordinances which have been adopted but not yet reflected in online codification shall be listed on the city’s website and available at City Hall for public viewing.

         (c)   The Zoning Administrator shall record any changes to the Official Zoning Map, which may be updated online periodically.

            1.   A list of properties approved for rezoning but not yet reflected in the online copy of the Official Zoning Map shall be maintained by the Zoning Administrator and available at City Hall for public viewing.

            2.   The city shall maintain a record of all amendments to the zoning map for specific properties within a file for that specific property. A record of applications which were not approved shall also be maintained for record keeping purposes.

(Ord. 879, passed 10-28-2020)

      (1)   A pre-application meeting pursuant to § 154.065(D) is required prior to submitting a preliminary PUD plan application.

      (2)   During the pre-application meeting, the Zoning Administrator will determine if the proposed project is eligible for concurrent review of the preliminary and final PUD plans.

      (3)   Applicants may choose to use the concept plan process identified in § 154.065 through 153.067 to solicit input from the Planning and Zoning Commission and City Council prior to submitting a preliminary PUD plan.

         (a)   For applications that involve the subdivision of land, requiring a preliminary plat, the two applications of a preliminary plat and a preliminary PUD plan may be combined; a complete submittal shall consist of all materials listed within § 153.082(C) and also shall include the following:

            1.   Preliminary PUD plan showing layout of entire proposed PUD, including any proposed phasing;

            2.   Building plan showing proposed building locations, lot area, building setbacks, building height; and

            3.   Description of any additional flexibility, including but not limited to: private streets and other common areas, uses and development standards.

         (b)   For applications that do not require a concurrent preliminary plat, the preliminary PUD plan submittal shall include the following:

            1.   Preliminary PUD plan showing layout of entire proposed PUD, including any proposed phasing;

            2.   Building plan showing proposed building locations, lot area, building setbacks, building height;

            3.   Description of any additional flexibility, including but not limited to: private streets and other common areas, uses and development standards; and

            4.   Preliminary civil plans:

               a.   Grading plan and details, erosion control plan and seeding plan;

               b.   Sanitary and watermain plan;

               c.   Storm sewer schedule and construction plan;

               d.   Draintile plan (if applicable);

               e.   Street construction plan;

               f.   Lighting and signage plan;

               g.   Street and utility details; and

               h.   Landscaping and open space plan.

            1.   When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J); and

            2.   The Planning and Zoning Commission shall hold the public hearing and may table the application if necessary to study the application to determine possible adverse effects of the proposed PUD and determine what additional requirements may be necessary to reduce any adverse effects.

            1.   Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the preliminary PUD plan and shall transmit the plan and application along with its recommendations to the City Council;

            2.   Upon receiving a recommendation from the Planning and Zoning Commission, the City Council shall review and approve, approve conditionally or deny the preliminary PUD plan application.

            3.   The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval;

            4.   Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof; and

            5.   Criteria for review. The City Council shall base its actions regarding a Preliminary PUD Plan upon the following criteria:

               a.   Compatibility of the PUD with the standards, purposes and intent of this chapter;

               b.   Consistency of the PUD with the comprehensive plan’s vision, mission, values and policies;

               c.   The impact of the plan on the neighborhood in which it is to be located;

               d.   The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, sidewalks, trails, buffering and landscaping; and

               e.   Other factors as the city deems relevant.

            1.   Approval of the preliminary PUD plan by the Council shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. While approval of the preliminary PUD plan shall establish the basic right of use for the area in conformity with the plan as approved, such plan shall be conditioned upon approval of a final PUD plan and shall not make permissible any of the uses as proposed until a final PUD plan is submitted and approved for all or a portion of the preliminary PUD plan; and

            2.   The applicant shall submit the final PUD plan to the City Council within one year after the approval of the preliminary PUD plan or approval of the preliminary PUD plan shall be considered void unless an extension is requested in writing by the applicant and granted by the City Council.

            1.   A copy of the amended ordinance, or a summary publication as may be approved, shall be published in the local newspaper;

            2.   The City Clerk shall maintain a record of all ordinances and amended ordinances related to this Title;

               a.   The ordinances shall be reflected in online codification, which may be updated periodically;

               b.   Copies of ordinances which have been adopted but not yet reflected in online codification shall be listed on the city’s website and available at City Hall for public viewing.

            3.   The Zoning Administrator shall record any changes to the Official Zoning Map, which may be updated online periodically.

               a.   A list of properties approved for rezoning but not yet reflected in the online copy of the Official Zoning Map shall be maintained by the Zoning Administrator and available at City Hall for public viewing; and

               b.   The city shall maintain a record of all amendments to the zoning map for specific properties within a file for that specific property. A record of applications which were not approved shall also be maintained for record keeping purposes.

         (a)   An approved preliminary PUD plan shall be on file with the city prior to applying for a final PUD plan that substantially conforms to the preliminary PUD plan. Substantial conformance means:

            1.   The buildings, parking areas and roads are in essentially the same location as previously approved;

            2.   Open space has not been decreased or altered significantly from its original design or use;

            3.   The number of dwelling units, if any, has not increased or decreased by more than five percent;

            4.   The floor area of nonresidential areas has not been increased or decreased by more than five percent;

            5.   No building has been increased in the number of floors; and

            6.   Lot coverage of any individual building has not been increased or decreased by more than ten percent.

         (b)   Any final PUD plan that does not meet the criteria of substantial conformance with the preliminary PUD plan listed in § 154.070(D)(1)(a) shall be considered a major amendment and shall require the resubmittal of a preliminary PUD plan application, following the procedures of § 154.070(C).

         (c)   The final PUD plan may, if permitted by the City Council, constitute only that portion of the approved preliminary PUD plan which the applicant proposes to record at the time.

            1.   The City Council shall review and approve, approve conditionally or deny the final plan application;

            2.   The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval; and

            3.   Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

            1.   No building permit shall be issued or development shall occur on land for which a PUD district has been approved which does not conform to the approved final PUD plan;

            2.   After the final PUD plan has been approved by the City Council, all conditions of approval have been met, and required improvements are either installed or a contract and sureties ensuring their installation is filed, the applicant shall file the final PUD plan with the County Recorder. Recording of the final PUD pan and all associated conditions of approval must be completed within one year of final approval. Failure to do so shall result in the requiring of a new preliminary PUD plan which must be reviewed in accordance with the procedure set out in this subchapter to ensure compliance with any new requirements;

            3.   If, within one year following City Council approval of the final PUD plan, no building permits have been obtained or, if within one year after the issuance of building permits, no construction has commenced on the subject property approved for the PUD District, the zoning for the parcel(s) shall revert back to the original zoning and the PUD designation shall be declared null and void; and

            4.   Prior to the expiration of the initial one year period, the City Council may upon request of the property owner and by resolution and findings of fact, extend the above noted time frame for a period not to exceed an additional one year.

      (1)   Any major amendment, as described in § 154.070(D)(1)(b), shall require the resubmittal of a preliminary PUD plan and require the same notice and hearing procedures specified in § 154.070(C).

      (2)   Minor amendments meeting the substantial conformance of § 154.070(D)(1)(a) may be reviewed and approved by the City Council.

(Ord. 879, passed 10-28-2020)

      (1)   To allow a use for a temporary period of time until a permanent location is obtained, the use terminates, or while the permanent location is under construction;

      (2)   To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district;

      (3)   To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan, provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

         (a)   The city shall maintain a record of all interim use permits issued including information on the use, location and conditions imposed by the city, time limits, review dates and such other information as may be appropriate. A record of applications which were not approved shall also be maintained for record keeping purposes.

         (a)   If an interim use permit is approved or approved with additional conditions, all future use of the land up until the termination of the interim use permit shall comply with the terms of the permit and conditions.

            1.   A property owner or applicant may request an amendment to the conditions of an existing interim use permit by submitting a full application for an interim use permit and going through the full procedure described in this section.

            2.   In their review, the Planning and Zoning Commission and the City Council shall consider the original conditions of the approved IUP and find that the amended condition(s) are no longer relevant, are in need of updating, or need to be removed.

      (1)   The date or event stated in the permit;

      (2)   The approval of the permit was obtained by fraud;

      (3)   Upon violation of the conditions under which the permit was issued;

      (4)   The interim use permit, over a 12 consecutive month period, is not used, discontinued, or abandoned; or

      (5)   The property is redeveloped to a permitted or conditional use allowed in the respective zoning district.

(Ord. 7.2-22, passed 7-13-2022)