Mendota Heights City Zoning Code
CHAPTER 5
ADMINISTRATION AND CONFORMANCE
12-5A-1: ADMINISTRATION AND ENFORCEMENT OFFICIALS:
This Chapter shall be administered and enforced by the Zoning Administrator, Public Works Director, City Attorney, Planning Commission and City Council as described herein. (Ord. 592, 9-17-2024)
12-5A-2: DUTIES OF A ZONING ADMINISTRATOR:
The Zoning Administrator shall enforce this Zoning Ordinance and require that:
A. All Building Permits are reviewed by the Building Official, and as necessary the Zoning Administrator, to determine compliance with the terms of this Zoning Ordinance.
B. Inspections of buildings and use of land are conducted by the Building Official, and as necessary Zoning Administrator, to determine compliance with the terms of this Zoning Ordinance.
C. Permanent and current records of this Zoning Ordinance are maintained, including, but not limited to, all maps, amendments, Conditional Uses, Variances, and any Appeals and Land Use Applications.
D. All applications for Appeals, Variances, Conditional Uses, or other matters are received, dated, filed and forwarded to the designated City Officials.
E. The Zoning Administrator or the City Attorney shall institute in the name of the City appropriate actions or proceedings against a violator of this Zoning Ordinance as provided by law. (Ord. 592, 9-17-2024)
12-5A-3: APPEAL OF ZONING ADMINISTRATOR DECISION:
A. Board of Appeals to Zoning Administrator Decision. The Planning Commission is designated as the Board of Zoning Appeals for any appeal of a decision made by the Zoning Administrator. The Board of Zoning Appeals must make a determination that is consistent with this Zoning Ordinance and the adopted Comprehensive Plan. Such appeals are limited to final decisions authorized to be made by the Zoning Administrator, such as: appeal the location of the boundary of a Zoning District as shown on the Zoning Map, an order, a permit, specific requirements or zoning related decisions.
B. Time For Filing Appeal. An appeal to a decision made by the Zoning Administrator must be filed within 90 days. The Applicant, Owner, other interested person, or officer of the City affected by the decision may appeal to the Planning Commission by filing a written notice stating the action and the specific grounds upon which the appeal is made. Such time limit does not apply to any prosecution for violation of this Zoning Ordinance.
C. Hearings. The Planning Commission, as the Board of Zoning Appeals, may conduct a hearing as it determines is necessary and will determine what notice, if any, shall be given of such hearing.
D. City Council Action.
1. The City Council may review and revise any decision of the Board of Zoning Appeals. In reviewing such decisions, the City Council shall set a date for hearing no earlier than seven (7) days or more than 30 days after the decision is made by the Board of Zoning Appeals.
2. Notice of the hearing before the City Council shall be mailed to all appellants. Any appeals that involve a Zoning District boundary lines determination or interpretation of the text of this Zoning Ordinance, must follow the procedure for a public hearing that requires a minimum of 10-day notice to be published in the official newspaper and individual notification to property owners within 350-feet of the property. (Ord. 592, 9-17-2024)
12-5B-1: PURPOSE AND APPLICABILITY:
A. Purpose. The purpose of this Section is to establish the general process and procedures for all Land Use Applications that are contained within this Zoning Ordinance.
B. Applicability. This Section shall apply to all Land Use Applications in the City. Table [12-5B-1.1] Land Use Application Review Procedures provides the requirements and standards for each type of application. The table provides a reference to the subdivision and/or platting requirements for reference because certain land use applications such as Planned Unit Development may include a request to plat.
Procedure | Public Hearing | 15.99 | 462.358 (Plat) | If City Council is checked, they are the final decision-making body. | ||
Land Use Application | Staff | Planning Commission
| City Council | |||
Procedure | Public Hearing | 15.99 | 462.358 (Plat) | If City Council is checked, they are the final decision-making body. | ||
Land Use Application | Staff | Planning Commission
| City Council | |||
Administrative Permit | X | X | ||||
Appeal to Administrative Decision | X | X | ||||
Comprehensive Plan Amendment (Text or Map) | X | X | X | X | X | |
Conditional Use Permit | X | X | X | X | X | |
Interim Use Permit | X | X | X | X | X | |
MRRCA Permit | ||||||
Administrative | X | X | X | |||
Full Review | X | X | X | X | X | |
Planned Unit Development | ||||||
Concept Plan | X | X | X | X | ||
Preliminary Development | X | X | X | X | X | X |
Final Development | X | X | X | X | X | |
Site Plan | ||||||
Minor | X | X | ||||
Major | X | X | X | X | ||
Variance | X | X | X | X | X | |
Zoning Amendment (Text or Map) | X | X | X | X | X | |
Subdivision Application | ||||||
Lot Consolidation/Lot Line Adjustment | X | X | X | X | X | |
Minor Subdivision (if plat) | X | X | X | X | X | |
Major Subdivision (if plat) | X | X | X | X | X | |
Other Applications | ||||||
Environmental Review | X | X | X
| |||
C. Minnesota State Statutory Review Procedures for Land Use Applications and Subdivision. As identified in Table [12-5B-1.1]. Land Use Application Review Procedures, certain land use applications are subject to the rules of procedure and deadlines for action as established within Minnesota State Statutes. The City Council shall follow the rules and requirements as established by the Minnesota State Statute which may be updated from time to time. The following summary of current statutory requirements is provided.
1. Minnesota State Statute 15.99. Pursuant to Minnesota Statutes 15.99, a land use application shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statues 15.99, the City staff is hereby authorized to extend the 60-day time limit by one time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60-day period. Extensions may also be requested by the applicant.
2. Minnesota State Statute 462.358. An application for preliminary plat shall be approved or denied within 120 days from the date of a complete submission unless a time waiver is granted by the applicant. A preliminary plat may be approved with conditions or denied with written findings. An application for final plat, shall be approved or denied within 60 days from the date of the complete submission unless a time waiver is granted by the applicant.
D. Common Procedures for Land Use Applications. The following common procedures are established for any Land Use Application that is subject to Minnesota State Statute 15.99 that requires the action of the City Council.
1. The Applicant may request a pre-application with the Zoning Administrator to discuss the proposed project or application.
2. The Applicant must submit the Land Use Application using the official forms provided by the City, the materials as required on the specific Land Use Application checklist and the appropriate fees and escrow must accompany the submission.
3. The Zoning Administrator, and other City Staff, will perform a review of all submitted materials to determine the completeness of the application. Once an application has been deemed complete, the staff will prepare a review and analysis of the application for consistency with the City’s ordinances.
4. If a public hearing is required, notice of the public hearing will include a description of the request. Notice must be published in the official newspaper at least 10 days prior to the hearing and written notification of said hearing must be mailed at least 10 days prior to all owners of land within 350-feet of the property boundary of the proposed application. Failure of a property owner to receive said notice(s) shall not invalidate any proceedings as set forth in this Section.
5. The Zoning Administrator shall instruct the appropriate City Staff to prepare technical reports where appropriate, and to provide general assistance in preparing the staff report and recommendation of the action to the Planning Commission and City Council.
6. The City Staff, Planning Commission and City Council have the authority to request additional information from the applicant or two obtain expert testimony with the consent, and at the expense, of the Applicant if additional information is necessary to establish compatibility with the Comprehensive Plan and applicable sections of this Zoning Ordinance.
7. The applicant or a representative may appear before the Planning Commission to present information and answer questions concerning the proposed request.
8. The Planning Commission shall hold the official Public Hearing, if required as indicated on Table [12-5B-1.1
]
9. The Planning Commission shall make a recommendation stating its findings and any conditions of the application to the City Council.
10. The City Council shall consider the recommendation of the Planning Commission, and the City Staff report and by resolution, make its decision. (Ord. 592, 9-17-2024)
12-5B-2: COMPREHENSIVE PLAN AMENDMENT:
A. Purpose of Comprehensive Plan. The Comprehensive Plan for the City contains objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and waters within the City. The Land Use Plan designates the existing and proposed location, intensity and extent of use of land for agricultural, residential, commercial, industrial and other public and private uses.
B. Vote Required for Approval. The City Council may, by an affirmative vote of four-fifths (4/5) of all members thereof, adopt amendments to the Comprehensive Plan.
C. Initiation of Amendment. Proceedings for Comprehensive Plan Amendment shall be initiated by a petition of the Owner(s) of the actual property. The petition must describe the proposed change of use or proposed modification to the Comprehensive Plan. The Planning Commission or the City Council may also initiate a proposed change to the Comprehensive Plan, and the purpose for such proposed change must also be identified.
D. Application for Amendment.
1. Filing Of Application. All applications for a Comprehensive Plan Amendment which are initiated by the petition of the Owner(s) of a property must be filed in the Office of the City Clerk.
2. Sketch Plan.
a. An application for Comprehensive Plan Amendment must include a Sketch Plan, as described in Subsection [b.] if the proposed amendment addresses the potential development of a specific parcel of land.
(1) Copies: The Sketch Plan must be drawn to-scale and must be scalable. One electronic copy and one (1) half-scale 11"x17" hard copy must be submitted along with the official Planning Application form.
b. The maps which are part of the Sketch Plan may be in general schematic form, and must contain the following information:
(1) The existing topography of the land.
(2) Existing and proposed land uses and the approximate location of buildings, utilities, and unique development features of the site.
(3) The location of roads and major thoroughfares and proposed access location.
(4) Public uses, including schools, parks, playgrounds, and other open spaces, if applicable.
(5) Map with all adjacent parcels or lots that demonstrates how the proposed amendment is compatible with adjoining uses (both existing and proposed).
c. A narrative must be submitted with the Sketch Plan. The narrative must contain the following information:
(1) An explanation of the character of the proposed use of the property.
(2) A statement of proposed financing for development of the property.
(3) A statement of the present ownership of all of the property in question.
(4) A general indication of the expected schedule of development including progressive phasing and time schedules, if applicable.
(5) The character and density of dwelling units, if residential development is proposed.
(6) Estimated industrial acreage and projected employment, if industrial development is proposed.
(7) Estimated square footage of commercial development, if commercial development is proposed.
(8) Estimated amount of open space, if proposed.
E. Referral to Planning Commission by City Council. A request for a Comprehensive Plan Amendment may be initiated by Resolution of the City Council by referring such request to the Planning Commission.
F. Planning Commission Hearing and Recommendation. The Planning Commission shall make a written report to the City Council stating its findings and recommendations. The City Council may request further information and report from the Planning Commission.
G. Action By City Council.
1. The City Council shall not amend the Comprehensive Plan without having first referred it to the Planning Commission.
2. If the Planning Commission fails to make a report and recommendation to the City Council within 60 days after referral of the application, the City Council may take action without further awaiting such recommendation.
3. The City Council may, by resolution adopted by an affirmative vote of four-fifths (4/5) of its members, adopt and amend the Comprehensive Plan or portion thereof so recommended.
4. The City Council may not officially enact any Comprehensive Plan Amendment until the official review of the Metropolitan Council is complete and authorization is provided to enact the Amendment.
H. Comprehensive Plan Supersedes Zoning Ordinance. Until such time as this Zoning Ordinance is amended to conform to the Comprehensive Plan, the Comprehensive Plan shall supersede the provision herein if there is a conflict between the adopted Future Land Use Plan contained in the Comprehensive Plan and the Official Zoning Map. The City Council shall take no action in amending this Zoning Ordinance in a manner inconsistent with the Comprehensive Plan. (Ord. 592, 9-17-2024)
12-5B-3: ZONING AMENDMENT (TEXT OR MAP):
A. Purpose of Zoning Amendment (Text of Map). An application to amend this Zoning Ordinance or official Zoning Map allows an Owner or the City to request consideration to modify or change the language or map related to specific property within the City. All requests must be accompanied by a purpose or reason that such request is made and how such request is consistent with the Comprehensive Plan.
B. Vote Required for Approval. The City Council may, by a simple majority vote of all members, adopt amendments to the Zoning Ordinance; except, that where an amendment changes all or part of an existing Zoning District classification from residential to either commercial or industrial, a four-fifths (4/5) majority vote of all City Council members is required.
C. Initiation of Amendment. An application to amend this Zoning Ordinance may be initiated by either a petition of the Owner(s) of property, or by a recommendation of the Planning Commission, or by resolution of the City Council.
D. Application for Amendment. All applications for amendment that are initiated by the Owner(s) of property must be filed with the Zoning Administrator and must state the reason for the proposed amendment. All applications for a Zoning Amendment must follow the process as established in Section [12-5B-1D].
E. Planning Commission Hearing and Recommendation. The Planning Commission shall submit a written report to the City Council stating its findings and recommendations.
F. Action By City Council.
1. Failure of the Planning Commission to submit a report as described shall not invalidate the proceedings or action of the City Council.
2. At the time of consideration, the City Council may take final action upon the application, or it may continue the discussion for further investigation provided such action complies with subsection [12-5B-1
C] regarding the applicable State Statutes and ordinances.
3. The City Council may also request further information and a report from the Planning Commission. (Ord. 592, 9-17-2024)
12-5B-4: SITE PLAN:
A. Purpose. Most of the Land Use Applications described in this Chapter propose to alter, use, or develop property, lots or land in the City. The Site Plan Review process will ensure that the proposed use and development of land complies with the standards and regulations established in this Zoning Ordinance.
B. Applicability. The Site Plan review process shall apply to any development of land located within an Overlay District, or that is proposed for commercial, industrial or multi-family uses. The Site Plan review process may be required and/or submitted as part of another Land Use Application process, and in such cases shall follow the primary land use application process. All applications for Site Plan will be classified as a Minor Site Plan review or a Major Site Plan review as follows:
1. Minor Site Plan. The Minor Site Plan process applies to any application that complies with the applicable Base Zoning District and does not require a Primary Land Use Application or Special Permit. A Minor Site Plan can be reviewed and approved administratively by the Zoning Administrator.
2. Major Site Plan. The Major Site Plan Review process applies to any application that requires a primary Land Use Application, such as a Conditional Use Permit or Variance, or a special permit such as a MRCCA permit (Section [12-6A-4]). The Major Site Plan shall be reviewed concurrently to the Primary Land Use Application or Special Permit procedures.
3. All Site Plan Review applications, both Minor and Major, must include the following submission materials:
a. Site development plan, which must include:
(1) Location of all buildings on the subject property including both existing and proposed structures.
(2) Location of all adjacent buildings located within 350-feet of the exterior boundaries of the property in question.
(3) Location and number of existing and proposed parking spaces (if commercial, industrial, or multi-family use).
(4) Vehicular circulation (if commercial, industrial, or multi-family use).
(5) Architectural elevations, including type and materials used of all external surfaces (if commercial, industrial, or multi-family use).
(6) Sewer and water alignment, existing and proposed (if commercial, industrial, or multi-family use).
(7) Location and candlepower of all luminaries (if commercial, industrial, or multi-family use).
(8) Location of all existing easements.
(9) Location and size of any proposed permanent signs (if commercial, industrial, or multi-family use).
b. Dimension Plan, which must include:
(1) Lot dimensions and area.
(2) Dimensions of proposed and existing structures.
(3) Typical floor plan and typical room plan.
(4) Setbacks on all buildings located on property in question.
(5) Proposed setbacks.
(6) All impervious surface areas including driveways, parking lots, patios, etc.
(7) Impervious surface calculation with all proposed improvements.
c. Grading Plan, if any site work is proposed, must include:
(1) Existing contour.
(2) Proposed grading elevations.
(3) Drainage configuration.
(4) Storm sewer catch basins and invert elevations.
(5) Spot elevations.
(6) Proposed road profile.
d. Landscape plan, if any site work is proposed, must include:
(1) Location, species identification, and diameter of all existing trees, and which trees will be removed.
(2) Location, type and diameter of all proposed plantings.
(3) Location and material used of all screening devices. (Ord. 592, 9-17-2024)
12-5B-5: CONDITIONAL USES:
A. Purpose. This Zoning Ordinance classifies and divides land into Zoning Districts that regulate dimensional standards and use of land. The purpose of the Conditional Use Permit is to provide the City with the discretion and flexibility to achieve the goals and objectives of the Comprehensive Plan and to determine what, if any, uses other than those specifically permitted in the Zoning Ordinance may be suitable. The Conditional Use must be in harmony with and identified on the Table of Uses for the Zoning District in which the property it is located, and reasonable conditions may be established to protect the general welfare, public health and safety of the surrounding area.
C. Referral To Planning Commission. The Zoning Administrator shall refer all applications for a Conditional Use Permit to the Planning Commission. The City Council may, of its own motion, initiate the request for a Conditional Use Permit and refer the same to the Planning Commission.
D. Planning Commission Hearing and Recommendations. The Planning Commission shall make a written report to the City Council stating its findings and recommendations.
E. Action by City Council.
1. Grant of Permit. In considering an application for a Conditional Use Permit under this Zoning Ordinance, the City Council shall consider the advice and recommendations of the Planning Commission. If the City Council determines that the proposed use will not be detrimental to the health, safety or general welfare of the community, will not cause serious traffic congestion or hazards, will not seriously depreciate surrounding property value, and that the same is in harmony with the general purpose and intent of this Zoning Ordinance and the Comprehensive Plan, the City Council may grant the Conditional Use Permit imposing reasonable conditions. The City Council may, by an affirmative vote of the majority of all members, approve a Conditional Use Permit.
2. Denial of Permit. Conditional uses may be denied by resolution of the City Council, and such resolution must include a finding and determination that the conditions required for approval do not exist.
a. No application for a Conditional Use that has been denied wholly or in part may be resubmitted for a period of six (6) months from the date of said Order of Denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission.
F. Revocation of Permit. A violation of any condition set forth in a Conditional Use Permit may be determined to be a violation of this Zoning Ordinance and may result in the termination of the Conditional Use Permit. (Ord. 592, 9-17-2024)
12-5B-6: INTERIM USES:
A. Purpose. The purposes for allowing interim uses are to:
1. Allow a use for an identified period of time until a permanent location is obtained or while the permanent location is under construction.
2. Allow a use for an identified period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner otherwise provided in the Comprehensive Plan or this Zoning Ordinance.
3. Allow a use that is presently acceptable 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 Zoning District.
4. Allow a use that is seasonal in nature.
C. Referral to Planning Commission. The Zoning Administrator shall refer all applications for an Interim Use Permit to the Planning Commission. The City Council may, of its own motion, initiate the request for an Interim Use Permit and refer the same to the Planning Commission.
D. Public Hearing and Planning Commission Recommendations. The Planning Commission shall make a written report to the City Council stating its findings and recommendations.
E. Action by City Council.
1. Grant of Permit. In considering an application for an Interim Use Permit under this Zoning Ordinance, the City Council shall consider the advice and recommendations of the Planning Commission. The City Council may, by an affirmative vote of the majority of all members, grant the Interim Use Permit imposing reasonable conditions and safeguards if it finds that:
a. The proposed use will not be detrimental to the health, safety or general welfare of the community, will not cause serious traffic congestion or hazards, will not seriously depreciate surrounding property value.
b. The proposed use conforms to the general purpose and intent of this Zoning Ordinance and Comprehensive Plan, including all applicable performance standards.
c. The date or event that will terminate the use can be identified with certainty.
d. Permission of the use will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future.
e. The user agrees to any reasonable conditions that the City deems appropriate for permission of the use, including a condition that the Owner will provide an appropriate financial surety to cover the cost of removing an Interim Use and any structures upon expiration or revocation of the Interim Use Permit.
f. The use will not delay anticipated development or redevelopment of the site.
g. The property on which the use will be located is currently in compliance with all applicable City Code standards.
h. The use is allowed as an Interim or Conditional Use in the applicable Zoning District.
2. Denial of Permit. Interim uses may be denied by resolution of the City Council, and such resolution shall include a finding and determination that the reasonable conditions required for approval do not exist.
a. No application for an Interim Use which has been denied wholly or in part may be resubmitted for a period of six (6) months from the date of said Order of Denial, except on grounds of new evidence or proof of change of conditions found to be valid upon recommendation of the Planning Commission to the City Council.
F. Revocation of Permit. An Interim Use Permit may be revoked by any of the following: whichever occurs first:
1. A violation of any condition set forth in an Interim Use Permit, which may also be considered a violation of this Zoning Ordinance.
2. A violation of laws of the United States or the State of Minnesota, or this Zoning Ordinance.
3. If after approval it is discovered, the Permit was issued based on false, misleading, or fraudulent information.
4. An amendment to this Zoning Ordinance that prohibits the use, which is applicable upon the termination date of the Interim Use Permit.
5. The use becomes in conflict with the Comprehensive Plan.
6. The expiration date or occurrence of any event(s) stated in the Interim Use Permit for termination of the use.
7. The use has ceased for a continuous period of at least twelve (12) months.
8. The use has not commenced or a Building Permit for a structure to support the use has not been issued within one year after approval of the Interim Use Permit.
G. Notice of Revocation. Upon occurrence of the date or event for termination of the Interim Use Permit, the City shall notify the permittee in writing that the Interim Use Permit shall terminate not later than six (6) months after the date of such notice.
H. Effect of Permit. An Interim Use Permit is effective only for the location specified in the application. The issuance of an Interim Use Permit does not confer on the property any vested right.
I. Permit Review. An Interim Use Permit may be reviewed at any time if the City Council is of the opinion that the terms and conditions of the Interim Use Permit have been violated, or if one of the criteria for termination has been met, or any other unintended consequences arise as a result of the operation.
J. Permit Extension. The City Council shall have the right to extend the termination date for such additional periods as are consistent with the terms and conditions of the original Interim Use Permit. (Ord. 592, 9-17-2024)
12-5B-7: VARIANCES:
A. Purpose. The City Council may grant variances from the strict application of the provisions of this Zoning Ordinance in cases where there are Practical Difficulties in carrying out the strict application of its standards and regulations. When the City Council determines that Practical Difficulties exist they may impose conditions and safeguards to protect the health, safety and welfare of adjacent properties and the community. The City Council must determine that all of the following conditions that establish Practical Difficulties are met:
1. The Owner proposes to use the property in a reasonable manner not permitted by this Zoning Ordinance; and
2. The plight of the Owner is due to circumstances unique to the property not created by the Owner; and
3. The Variance, if granted, will not alter the essential character of the neighborhood; and
4. Economic considerations alone do not constitute Practical Difficulties; but may be considered provided all other conditions are met.
1. A written narrative must be submitted that identifies the Practical Difficulties claimed as the basis for the Variance request.
2. A written consent and waiver of Public Hearing may be submitted, and if deemed valid, shall waive the Public Hearing requirements. The consent and waiver must be in a form prescribed by the City and must be signed by the property owners within 100-feet of the boundaries of the property for which the Variance is requested. The consent and waiver must be accompanied by a map indicating the location of the property in question and the location of the property owners who have given consent must be identified. If the consent and waiver is not obtained, a list of names and addresses of the property owners within 100-feet of the boundaries of the property for which the variance is requested must be submitted.
C. Referral to Planning Commission. The Zoning Administrator shall refer all applications for a Variance to the Planning Commission.
D. Public Hearing and Planning Commission Recommendations. The Planning Commission shall make a written report to the City Council stating its findings and recommendations. Such report shall recommend any conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable.
E. Action by City Council.
1. Grant Of Variance. In considering applications for a Variance under this Zoning Ordinance, the City Council shall consider the advice and recommendations of the Planning Commission. By resolution, the City Council must find that:
a. Practical Difficulties exist that apply to the structure or land in question that are unique to such property or immediately adjoining property; and
b. Such Practical Difficulties do not apply generally to other land or structures in the Zoning District in which said land is located; and
c. That the granting of the Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant; and
d. That granting the proposed Variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area; or
e. That granting the proposed Variance will not in any other way impair health, safety, comfort, or in any other respect be contrary to the intent of this Zoning Ordinance; and
f. That the granting of such Variance will not merely serve as a convenience to the Applicant but is necessary to alleviate a Practical Difficulty.
g. If all the conditions are met, then the City Council may grant such Variance and impose conditions and safeguards therein.
2. Denial of Variance. Variances may be denied by resolution of the City Council, and such resolution shall include a finding and determination by the City Council that the conditions required for approval do not exist.
F. Revocation Of Variance. A violation of any conditions set forth in granting a Variance may be a violation of this Zoning Ordinance and may be cause for termination of the Variance. A Variance shall become void one year after it was granted unless a longer period is approved by the City Council. (Ord. 592, 9-17-2024)
12-5B-8: PLANNED UNIT DEVELOPMENT:
A. Purpose. The purpose of this Section is to establish provisions for a Planned Unit Development project. The purpose of the Planned Unit Development is to encourage flexibility in the design and development of land while limiting development to a scale that is appropriate to the physical characteristics of the land and surrounding land uses. Such flexibility shall achieve, at a minimum, two of the following objectives:
1. Preserve the natural and scenic quality of open areas; or,
2. To facilitate adequate and economical provision of streets and utilities; or
3. To encourage a diversity of housing types within a given development; or
4. To permit a mixture of several Zoning District uses within a development project or
5. To permit modification and flexibility from of the strict Zoning District requirements so that a more efficient use of land or design may be employed.
B. Applicability.
1. A Planned Unit Development shall be established by rezoning the full extent of the Project area with a PUD Overlay District.
a. All PUD Overlay Districts shall identify a Base Zoning District designation which shall set the basis from which the areas of flexibility from the standards and uses are established.
2. Rezoning property to “Planned Unit Development Overlay” requires the development project to contain a minimum of 10 contiguous acres of land (the Project Area) and must meet the following criteria:
a. The proposed uses in the Project Area consist of some use or uses which would not otherwise be permitted in the Base Zoning District; or if the Project Area includes two (2) or more Base Zoning Districts, then the Planned Unit Development may be permitted only if a proposed use or uses in each of the Base Zoning Districts would not otherwise be a permitted use therein; or
b. The Project Area consists of property located in one or more Residential Base Zoning Districts, and the proposed Planned Unit Development consists entirely of residential housing that is proposed to be clustered.
(1) To qualify under this Subsection [b.] the ratio of impervious surface to the total Project Area may not be more than 25:100, e.g. 2,500 square feet of impervious surface to 10,000 square feet of Project Area and must meet all other applicable conditions of this Chapter. For purposes of calculating the impervious surface calculation the following shall be excluded from within the Project Area:
(A) All wetlands and all land below the bluff line in any part of a critical area (as defined in Title 15: Environmental Standards); and
(B) The square foot area of swimming pools, tennis courts and other detached recreational structures shall not be considered; however, such structures shall be calculated as part of the impervious surface calculation of each lot.
c. Project Area consists of property located in one or more Business or Industrial Base Zoning Districts. The proposed Planned Unit Development shall consist entirely of facilities and uses that are either permitted or permitted through a Conditional Use Permit in the underlying Base Zoning District. Zero lot lines, shared parking, pedestrian connections between structures, common building materials and treatments, signage, and architectural styles, as well as extensive landscaping shall be encouraged in the Planned Unit Development to create a campus atmosphere development.
(1) The percentage of impervious surface in the Project Area shall be no more than 70 percent. For purpose of calculating the impervious surface calculation the following shall be excluded:
(A) Wetlands and all land below the bluff line in any part of a critical area (Title 15: Environmental Standards).
3. Exception to 10 Acre Requirement.
a. The City Council may reduce the ten (10) acre requirement for a Planned Unit Development, but such Project Area must be a minimum of five (5) acres, only if it finds that the Planned Unit Development, in addition to meeting all of the standards and objectives of Section [12-2C-2], meets the following:
(1) Is determined by the City Council to be “infill type development” that would be difficult to develop under the strict application of the Base Zoning District(s) comprising the Project Area;
(2) Will not require any wetlands permit;
(3) Will not require any variance from the critical area standards and regulations;
(4) Will not increase traffic or parking estimates for the Project Area above the level reasonably estimated for a permitted use for the Project Area’s size in the Base Zoning District in which it is situated; and
(5) Provides a landscaped buffer around the perimeter of the entire Project Area unless expressly waived by the City Council.
b. The City Council shall be conservative in exercising its discretion to permit a Planned Unit Development of less than ten (10) acres.
C. Planned Unit Development Overlay District Types. The PUD Overlay Districts shall be categorized as the following types:
1. HR-PUD High Density Residential Planned Unit Development Overlay District. The HR-PUD is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the R-3 Base Zoning District. The permitted, conditional, and accessory uses in this District are the same as those for the R-3 district. The Base Zoning District for all HR-PUD shall be R-3.
2. MR-PUD Medium Density Residential Planned Unit Development Overlay District. The MR-PUD is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the R-2 Base Zoning District. The permitted, conditional, and accessory uses in this district are the same as those for the R-2 district. The Base Zoning District for all MR-PUD shall be R-2.
3. LB-PUD Limited Business Planned Unit Development Overlay District. The LB-PUD is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the B-1, limited business Zoning District. The permitted, conditional, and accessory uses in this district are the same as those for the B-1 district. The Base Zoning District for all LB-PUD shall be B-1.
4. MU-PUD Mixed Use Planned Unit Development District. The MU-PUD district is intended to provide the opportunity to develop a Planned Unit Development with a mix of residential and nonresidential uses. All permitted, conditional, and accessory uses contained in the R-2, R-3, B-1, and B-2 Zoning Districts shall be treated as potentially allowed within the MU-PUD District, provided they are consistent with the Comprehensive Plan. The City Council shall have the authority to approve other uses in the MU-PUD district by Conditional Use Permit. The Base Zoning District for all MU-PUD shall be R-3.
D. Rights to rezone to a Planned Unit Development Overlay District. The use of more flexible regulations in the development of land under this Section may be approved if all of the conditions of this Section are found to exist and if it is determined that it is in the overall community interest to do so. The rezoning is not an assumed right but is a discretionary privilege which may be granted by the City Council. All Planned Unit Development Overlay Districts shall follow the procedures of other provisions of this Chapter, and the areas of flexibility, including from uses or dimensional standards must be clearly established within the established Planned Unit Development Overlay District.
E. Approval and Administration.
1. All Planned Unit Developments must be rezoned to an Overlay District and must include a Planned Unit Development Agreement that defines and describes the uses, any areas of flexibility from the Base Zoning District, and the development terms and conditions. The application for rezoning shall follow the process established in Section [12-5B-3
] and the Planned Unit Development application shall be processed concurrently.
2. Standards for Approval. The Planned Unit Development may be approved only if it satisfies all of the following standards:
a. The Planned Unit Development is an effective and unified treatment of the development possibilities on the project site and the development plan includes provisions for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas.
b. The Planned Unit Development has been planned and is proposed to be developed to harmonize with adjacent projects or proposals.
c. Financing is available to the Applicant on conditions and in an amount which is sufficient to assure completion of the Planned Unit Development and evidence to support those facts is presented to and deemed satisfactory by the City Council.
d. The Planned Unit Development is consistent with the Comprehensive Plan of the community.
e. The Planned Unit Development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site.
3. Number of Dwelling Units.
a. In a residential Planned Unit Development, the number of dwelling units proposed for the entire site shall not exceed the total number permitted by the Base Zoning District(s) and the Comprehensive Plan in which the land is located. If the residential Planned Unit Development is in more than one Base Zoning District, the number of allowable dwelling units must be calculated separately for each portion of the Planned Unit Development that is in a separate Zoning District and must then be combined to determine the number of dwelling units allowable in the entire Planned Unit Development. The density of individual uses in the MU-PUD District may be guided by the standard established by the Base Zoning District for each use. The City Council shall have the authority to determine the allowed density based on the quality and components of the Planned Unit Development. Said density may be lesser or greater than that prescribed by the Base Zoning District(s) at the discretion of the City Council, but in all cases must comply with the density ranges established in the Comprehensive Plan.
b. The Planning Commission shall determine the number of dwelling units which may be constructed within the Planned Unit Development by dividing the net acreage of the Project Area by the required lot area per dwelling unit which is required in the Base Zoning District. The net acreage shall be defined as the Project Area less the land area dedicated for public arterial and collector streets and delineated wetlands. The net acreage shall include all lands to be conveyed to the City for public parks and local roads in the calculation.
F. Procedure for Planned Unit Development.
1. Concept Plan.
a. Preapplication Conference. Before submitting an application for a Concept Plan or Preliminary Development Plan the Applicant must meet with the Zoning Administrator to discuss the proposed Planned Unit Development. After the meeting, if the Applicant wishes to move forward the Applicant must submit a Concept Plan to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.
b. Concept Plan. The Concept Plan must be accompanied by the information specified herein, which shall be reviewed by the Planning Commission and the City Council. The Zoning Administrator shall not place a Concept Plan on the Planning Commission agenda until all of the information specified in this Section has been provided by the Applicant. The information must be submitted to the Zoning Administrator at least 21 days before the Planning Commission meeting so that a Staff report can be prepared for presentation.
c. A Concept Plan must include both maps and a written statement and must show enough of the area surrounding the proposed Planned Unit Development to demonstrate the relationship of the Planned Unit Development to adjoining uses, both existing and proposed. The maps which are part of the Concept Plan may be in general schematic form, and must contain the following information:
(1) The existing topography of the land.
(2) Existing and proposed land uses and the approximate location of buildings, utilities, and unique development features of the site.
(3) The location of major thoroughfares and roadways, included proposed access locations.
(4) Public uses, including schools, parks, playgrounds, and other open spaces.
d. A written statement shall accompany the Concept Plan, which must contain the following information.
(1) An explanation of the character of the Planned Unit Development and how it is consistent with and has been planned to comply with the Planned Unit Development provisions contained in this Section.
(2) A statement of proposed financing.
(3) A statement of the present ownership and all existing or contingent interests in the land included within the Planned Unit Development.
(4) A general indication of the expected schedule of development including progressive phasing and time schedules which shall not exceed five (5) years from the date of approval of the Final Development Plan for the Planned Unit Development to the completion of all construction.
(5) The character and approximate density of dwelling units, if applicable.
(6) Estimated industrial or commercial acreage and projected employment, if applicable.
(7) Estimated square footage of any commercial development, if applicable.
(8) Estimated amount of open space and a computation showing the percent of impervious surface in the Project Area.
(9) Projected traffic.
e. Action Following Concept Plan review. The Planning Commission and the City Council shall make recommendations regarding the Concept Plan and give reasons for their recommendations. Such discussion and recommendations are not binding on the city in any way, and is intended only to be advisory to the Applicant.
2. Preliminary Development Plan.
a. If a Preliminary Development Plan has not been submitted to the Planning Commission within six (6) months following the date of the City Council meeting at which the Concept Plan was discussed, then the Applicant shall repeat the Concept Plan process specified by this Section. In its discretion and for good cause, the City Council may extend for three (3) months the period for the filing of the Preliminary Development Plan and waive the resubmission for Concept Plan.
b. Every Preliminary Development Plan must include all of the following information:
(1) A map showing street systems, plot lines and plot designs.
(2) Areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, play ways, school sites, public buildings, and similar public and semipublic uses.
(3) A Plat or Site Plan that shows every building site and common open area, the proposed location of all buildings, structures and improvements and identifies the open spaces around buildings and structures. The Plat or Site Plan shall include an analysis and report of the area devoted to each proposed parcel, building, and use.
(4) Elevation and perspective drawings of all proposed structures and improvements and any accessory structures. The drawings must indicate the general design character and proposed materials and must be to-scale.
(5) A development schedule indicating:
(A) The approximate date when construction of the project can be expected to begin;
(B) The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;
(C) The anticipated rate of development;
(D) The approximate dates when the development of each of the stages in the development will be completed; and
(D) The area and location of common open space that will be provided at each stage.
(6) Copies of proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development and any of its common open areas, for information purposes only.
(7) The following plans and diagrams:
(B) An off-street parking and loading plan.
(C) A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the Planned Unit Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.
(D) A landscaping and tree planting plan.
(E) An economic feasibility report or market analysis.
(8) The Applicant may, instead of filing a Preliminary Development Plan, file a Final Development Plan at the time specified in this Subsection, and such Final Development Plan shall contain all of the information required in this Subsection and all information required for the Final Development Plan as specified in this Section.
3. Approval of Preliminary Development Plan or Final Development Plan Submitted in Lieu Thereof.
a. Time for Filing; Hearing and Notice. The Applicant shall file the Preliminary Development Plan (or in lieu thereof a Final Development Plan) with the Zoning Administrator a minimum of 21 days before the Planning Commission meeting at which the application will be considered. The Planning Commission shall give notice of a Public Hearing in conformance with Section [12-5B-1
D.4] of this Chapter.
b. Recommendation of Planning Commission. The Planning Commission shall review the Preliminary or Final Development Plan and, after the Public Hearing, submit a written report recommending that the rezoning and development plan be approved, approved with modifications, or denied and give the reasons for these recommendations.
c. Action by City Council.
(1) After receipt of the report and recommendations of the Planning Commission, the City Council shall consider the Plan and the report transmitted to them by the Planning Commission. At the time of consideration, the City Council may take action to approve, approve with modifications, deny with findings, or continue the discussion for further information and report from the Planning Commission as it may direct.
(2) Upon approval of the Development Plan the City Council shall conditionally approve the rezoning and Planned Unit Development Agreement with appropriate findings consistent with this Section. If the approval is of the Preliminary Development Plan, such approval shall be subject to the filing of a Final Development Plan and the approval of the Final Development Plan shall cause the rezoning to become valid by the affirmative vote of the majority of all City Council Members.
4. Final Development Plan.
a. Time for Filing. Within six (6) weeks following the approval of the Preliminary Development Plan by the City Council, the Applicant shall file with the Zoning Administrator a Final Development Plan containing the information conditioned in the Preliminary Development Plan approval. In its discretion and for good cause, the City Council may extend for six (6) weeks the period for the filing of the Final Development Plan.
b. Development Agreement. All agreements, covenants and conditions relating to the Planned Unit Development, including, without limitation:
(1) Those which relate to the use, maintenance and continued protection of any common open areas;
(2) All areas of flexibility from the Base Zoning District granted; and
(3) All conditional uses which are inconsistent with the requirements and uses otherwise permitted in the Zoning District or the districts which comprise the Planned Unit Development as approved by the City Council shall be set forth in a development agreement mutually agreed to and entered into between the Applicant and the City.
(4) Approval of the Development Agreement by the City Council and the Applicant shall be a condition for approval of the Final Development Plan.
c. Action By City Council.
(1) The City Council will review the Final Development Plan to determine that all conditions to the approval of the Preliminary Development Plan have been satisfied and that the standards set forth in [Subsection 12-1K-5A] of this Section continue to be met, the City Council shall approve the Final Development Plan and the rezoning to a Planned Unit Development Overlay District.
(2) No Building Permits will be issued until the Applicant provides evidence to the City of the recording of the Final Development Plan and the Development Agreement.
(3) If the Final Development Plan is not in substantial conformity with the Preliminary Development Plan and the Applicant wishes to proceed with the Final Development Plan, the Final Development Plan shall be considered pursuant to the procedures provided for by this Chapter for Rezoning, and the Applicant shall be referred back to the Planning Commission to begin that process.
5. Amendments to Final Development Plan. No changes may be made in the approved Final Development Plan after its approval by the City Council, except upon application to the Council under the procedures provided below:
a. Minor changes in the location, siting, and height of buildings and structures may be authorized by the City Council if required by engineering or other circumstances not foreseen at the time the Final Development Plan was approved. Such approval shall require the affirmative vote of a majority of all members of the City Council.
b. All other changes in use, or rearrangements of lots, blocks and building tracts, any changes in the provision of common open spaces, and all other changes in the approved Final Development Plan must be made by the City Council under the procedures authorized by this Chapter for the approval of a Zoning Amendment. No amendments may be required by the City Council because of changes in conditions that have occurred since the Final Development Plan was approved or by changes in the development policy of the community.
G. Failure to begin Planned Unit Development. If no construction has begun of the Planned Unit Development within one year from the approval of the Final Development Plan, the Final Development Plan shall lapse and be of no further effect and the Base Zoning District standards shall govern. In its discretion and for good cause, the City Council may extend for up to one additional year the period for the beginning of construction.
H. Enforcing Development Schedule. The 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 the primary structural units. At least once every three (3) 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 site. If the Zoning Administrator finds that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, they shall forward this information to the City Council, who shall identify appropriate penalties and violations.
I. Open Spaces.
1. Conveyance and Maintenance of Common Open Space.
a. Options. All land shown on the Final Development Plan as common open space must be conveyed under one of the following options:
(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 a homeowners’ association or similar organization for the maintenance of the common spaces of the Planned Unit Development, subject to and in a manner consistent with the covenants, duties and obligations of the developer set forth in the development agreement.
b. Final Development Plan Controls. No common open space may be put to any use not specified in the Final Development Plan unless the Final Development Plan has been amended to permit that use under this Zoning Ordinance. However, no change of use authorized under this Chapter may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted under this Chapter are expressly reserved.
c. Enforcement. If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided:
(1) The legal right to develop the common open space for the uses specified in the Final Development Plan must be conveyed to a public agency in the event the completion of such improvements is not completed.
(2) The restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open space; the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions.
d. City to Enforce Covenants. If the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space shall authorize the City to enforce their provisions.
2. Standards for Common or Public Open Space.
a. Location and Design. The location, shape, size and character of the common open space must be suitable for the Planned Unit Development.
b. Use Requirements. Common open space must be used for amenities or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the Planned Unit Development, considering its size, density, expected population, topography and the number and type of principal units to be provided.
c. Improvement Requirements.
(1) Common open space must be suitably improved for its intended use, but 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 conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition.
(2) If the Final Development Plan provides for buildings or structure improvements in the common open space, the developer must provide a bond or other adequate assurance that the buildings, structures, and improvements will be completed. The Planning Commission shall release the bond or other assurance when the buildings, structures, or improvements have been completed according to the development plan.
d. Development Schedule. The development schedule which is part of the Final Development Plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the Planned Unit Development.
e. Other Requirements. In the development of the common open space, the requirements of other City Ordinances must be met unless otherwise provided in the development agreement, e.g., wetlands permit requirements, etc.
3. Guarantee of Provision of Common Open Space. The City Council may require adequate assurance, in a form and manner which it approves, that the common open space shown in the Final Development Plan will be provided. The following methods of assurance are intended as illustrative, and they may be used singly or in combination:
a. Bond, Surety, Financial Guarantee. The City Council will accept a bond, corporate surety, or other acceptable financial guarantee, in a form which complies with the provisions of the subdivision control ordinance, and in an amount sufficient to purchase at its then current market value the common open space shown in the Final Development Plan.
b. Escrow. The land shown as common open space may be put in escrow, the escrow agreement to provide that the land is to be held in escrow until the City Council has certified to the escrow agent that the Planned Unit Development has been completed, at which time, the common open space is to be conveyed as provided by City Ordinance. The escrow agreement may provide for the release of the common open space by the escrow agent in stages, the City Council to certify the completion of each stage of the Planned Unit Development to the escrow agent. The escrow agreement must provide that a portion of the open space is to be conveyed in the manner provided by City Ordinance, if the Planned Unit Development is not completed. In this event, the open space which is conveyed is to bear the same proportion to the open space provided on the Final Development Plan as the dwelling units that have been built bear to the total number of dwelling units which are allowable by the Final Development Plan.
c. Exercise Option. If any of the Planned Unit Development which includes common open space is held by the Owner on option, the Owner may assign to the City Council the right to exercise the option to acquire the common open space and shall simultaneously provide the City Council with the sum necessary, if any, to exercise the option and acquire the property.
d. Withholding Certificate of Occupancy. If for any reason the common open space shall not be provided for before the completion and occupancy of the project, the City Council may withhold the Certificate of Occupancy until the common open space has been provided and improved in accordance with the Final Development Plan. The Development Agreement controlling the PUD shall specify the Applicant’s agreement to this remedy.
J. Control of Planned Unit Development Following Completion.
1. Issuance of Certificate of Completion. The City Council shall issue a certificate certifying the completion of each phase of the Planned Unit Development, and the City Clerk shall note the issuance of the certificate on the recorded Final Development Plan.
2. Final Development Plan and Development Agreement to Govern. After the Certificate of Completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the Planned Unit Development will be governed by the approved Final Development Plan and the Development Agreement to the extent that they may be inconsistent with the provisions of this Zoning Ordinance.
3. Changes To Final Development Plan.
a. After the Certificate of Completion has been issued, no changes may be made in the approved Final Development Plan except upon application to the City Council under the procedures provided below:
(1) Minor Changes. Any minor extensions, alterations, or modifications within the building envelope of existing commercial and industrial buildings or structures may be authorized by the City Council if they are consistent with the purposes and intent of the Final Development Plan, and such authorization shall be by the affirmative vote of a majority of all members of the City Council. No change authorized hereby may increase the cubic feet of any building or structure by more than ten percent (10%).
(2) Unauthorized Uses. Any uses not authorized by the approved Final Development Plan, but allowable in the Project Area as a permitted use under the provisions of this Chapter or permitted as a Conditional Use in the Base Zoning District in which the Planned Unit Development is located, may be added to the Final Development Plan under the procedures provided by this Chapter for the approval of conditional uses.
(3) Destroyed Structures. A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the Final Development Plan unless an amendment to the Final Development Plan is approved pursuant to the procedures for approval of a Zoning Amendment under this Chapter.
(4) Common Open Space Changes. Changes in the use of common open space may be authorized by an amendment to the Final Development Plan pursuant to the procedures for approval of a Zoning Amendment under this Chapter.
(5) All Other Changes. All other changes in the Final Development Plan must be approved by the City Council under the procedures authorized by this Chapter. No changes may be made in the Final Development Plan unless they are required for the continued successful functioning of the Planned Unit Development, or unless they are required by changes in conditions that have occurred since the Final Development Plan was approved or by changes in the development policy of the community.
b. No changes in the Final Development Plan which are approved under this Section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures, and improvements within the area of the Planned Unit Development, and all rights to enforce these covenants against any changes permitted by this Section are expressly reserved. (Ord. 592, 9-17-2024)
12-5C-1: BUILDING PERMITS:
A. Required. No structure may be erected or structurally altered until it has been determined that a Building Permit is required. If required, the Building Permit must be issued, indicating that the existing or proposed structure and the use of the land complies with this Zoning Ordinance and the building code prior to any construction or site work.
1. Building Permits that do not comply with all the requirements of the building code will not be issued.
2. No site preparation work, including rough grading, driveway construction, footing excavation, tree removal or other physical changes to the site may occur prior to the issuance of a Building Permit and other required land use or zoning permits.
B. Application. Applications for Building Permits required by this Section shall be made to the City Clerk or Building Official on the official forms. The City Clerk or Building Official shall maintain a record of all applications and all permits issued under this Section.
C. Site Plan. Applications for a Building Permit must be accompanied by a Site Plan (Minor) to determine compliance with this Zoning Ordinance. In some cases, the Zoning Administrator may require a Certificate of Survey be completed.
D. Issuance. No Building Permit shall be issued for any improvement that would result in a use, building or structure that is in violation of this Zoning Ordinance, or the subdivision, shoreland management, floodplain, MRCCA, or any other city regulations.
E. Expiration. Building Permits issued under the provisions of this Section and the Building Code shall expire and be null and void if the work authorized by a Building Permit is abandoned or suspended for a period of 120 days, or in the event that work is not commenced or completed within the time period to start work as established in the permit conditions.
F. Suspension or Revocation. The Building Official may, in writing, suspend or revoke a Building Permit issued under the provisions of this Section and the Building Code whenever such Building Permit is issued in error or on the basis of incorrect information supplied, or in violation of any city ordinance, regulation or code. (Ord. 592, 9-17-2024)
12-5C-2: CERTIFICATE OF OCCUPANCY:
A. Certificate Required. Certificates of Occupancy shall be required for occupancy and use of any buildings hereinafter erected or structurally altered; for new occupancy and use of an existing building when the new use is of a different zoning classification; for occupancy and use of vacant land, new use of vacant land when new use is of a different zoning classification, and for any change in the use of a nonconforming use.
B. Application for Certificate. Every application for a Building Permit shall be deemed to be an application for Certificate of Occupancy. Every application for a Certificate of Occupancy for the use of land where no Building Permit is required shall be made directly to the Zoning Administrator.
C. Issuance of Certificate. The Certificate of Occupancy shall be issued within three (3) days after construction has been completed and the premises inspected and certified to be in conformance with the provisions of this Chapter. Where vacant land or change in the use of an existing building, or for change in a nonconforming use is involved, the Certificate of Occupancy shall be issued as soon as the Code Enforcement Officer has examined the premises and determined that the requirements of this Chapter have been met.
D. Certificates for Nonconforming Uses. Application for such Certificate of Occupancy for all lawful nonconforming uses or buildings created by the adoption of this Chapter shall be filed with the Zoning Administrator by the Owner to issue a Certificate of Occupancy for a lawful nonconforming use.
Failure to apply for such Certificate of Occupancy, or refusal of the Zoning Administrator to issue the Certificate of Occupancy shall be prima facie evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of this Chapter.
E. Violations.
1. It shall constitute a violation of this Chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in this Section without having first obtained a Certificate of Occupancy.
2. Any Certificate of Occupancy issued upon a false statement of fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Zoning Administrator, he/she shall revoke the Certificate of Occupancy, by notice in writing to the holder. Any person who shall proceed thereafter with such work or use without having obtained a new certificate shall be deemed guilty of violation of this Chapter. (Ord. 592, 9-17-2024)
12-5C-3: TRAFFIC STUDIES:
A. Purpose and Applicability. Any application for a proposed development or redevelopment project that results in the change or intensification of the existing or planned land use may be required to conduct or submit a recently completed traffic study
B. Application. A Traffic Study may be requested by either the Zoning Administrator or Public Works Director, and such study shall accompany the primary Land Use Application. The study shall be prepared in compliance with the most current version of the Dakota County Traffic Impact Analysis Guidelines.
C. Information to be Submitted. The Study shall be prepared at the cost of the Applicant and prepared by a licensed engineer. The Study must analyze existing and proposed traffic patterns of the surrounding area for review and comment as part of the primary Land Use Application or any plat.
1. Other Agency Review. When potentially impacted roadways included in the traffic study are under county, state, or adjacent City jurisdiction, the City reserves the right to request additional review and comment from those jurisdictions for consideration in evaluating the permit application. (Ord. 592, 9-17-2024)
12-5C-4: ADMINISTRATIVE PERMIT:
A. Purpose. The purpose of the Administrative Permit is to verify and check compliance of certain activities and improvements with the standards and regulations established within this Zoning Ordinance.
B. Applicability. An Administrative Permit must be obtained for all activities and uses as identified on Table [12-3B-1.1
] Table of Uses and as required throughout this Zoning Ordinance.
1. Issuance. The Zoning Administrator shall issue an Administrative Permit which may include reasonable conditions. Periodic review or renewal of the Administrative Permit may be required as stated within this Zoning Ordinance, or as noted in the Conditions of the Administrative Permit.
C. Application. Whenever this Zoning Ordinance requires an Administrative Permit, an application in writing must be filed with the Zoning Administrator prior to the commencement of the proposed use or activity.
D. Information to be submitted. The application must be accompanied by development plans for the proposed use. The plans must contain adequate information to determine that the proposed development or use meets the standards of this Zoning Ordinance. The Zoning Administrator will determine what information is necessary to issue the Administrative Permit. Development plans may include:
1. Site Plan (Minor).
3. Grading and Drainage plan.
4. Description of use/activity.
E. Action. The Zoning Administrator will issue or deny the Administrative Permit within 15 days after the receipt of a complete application.
F. Lack of Action. If no such action on the Administrative Permit is taken, the request for Administrative Permit is deemed approved, unless the Zoning Administrator determines otherwise.
G. Appeal. If the request for Administrative Permit is denied or if conditions are imposed, the Applicant may appeal the decision to the Board of Zoning Appeals. Such appeal shall follow the appeal procedures as established in Section [12-5A-3
]. (Ord. 592, 9-17-2024)
12-5D-1: ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW):
A. Environmental Review Program. The provisions of the rules for the Environmental Review Program, [6MCAR 3.021 to 3.047], one copy of which is on file in the Office of the Clerk, are hereby adopted, together with the other provisions of this Section, as a basis for the environmental review operating procedures the City will follow in implementing the provisions of Minnesota Statutes, [Chapter 116D] relating to the Environmental Review Program and any rules adopted thereunder by the Minnesota Environmental Quality Board. All terms used in this Chapter shall have the same meaning as the terms used in Chapter 116D and the rules adopted thereunder.
B. Cost of Preparation and Review.
1. Information To Be Provided. The Applicant for a permit for any action for which environmental documents are required either by state law or rules or by the City Council shall supply in the manner prescribed by the administrator all unprivileged data or information reasonably requested by the City that the Applicant has in his possession or to which he has reasonable access.
2. Environmental Assessment Worksheets. The Applicant for a permit for any action for which an Environmental Assessment Worksheet (EAW) is required either by state law or rules or by the City Council, shall pay all costs of preparation and review of the EAW, and upon the request of and in the manner prescribed by the administrator shall prepare a draft EAW and supply all information necessary to complete that document.
3. Environmental Impact Statement. The City and the Applicant for a permit for any action for which an Environmental Impact Statement (EIS) is required shall comply with the provisions of the rules governing assessment of costs for Environmental Impact Statements, one copy of which is on file in the Office of the Clerk, unless the Applicant and the City Council provide otherwise by a written agreement.
4. Payment Of Costs. No permit for an action for which an EAW or an EIS is required shall be issued until all costs of preparation and review which are to be paid by the Applicant are paid, and all information required is supplied, and until the environmental review process has been completed as provided in this Section and the rules adopted by reference by this Section, and pursuant to any written agreement entered into by the Applicant for the permit or permits and the City Council under the provision of Subsection [E] of this Section.
5. Agreements Concerning Cost of Preparation and Review. The Applicant for a permit for any action for which an EAW or EIS is required, and the City Council may, in writing agree as to a different division of the costs of preparation and review of any EAW or EIS as provided in [6MCAR 3.042].
C. Administration.
1. Duty Of Administrator. The Zoning Administrator is responsible for the administration of the Environmental Review program, and the rules adopted by reference by this Chapter.
2. Action Required. The Zoning Administrator is responsible for determining whether an action for which a permit is required is an action for which an EAW is mandatory under 6MCAR 3.024. The Zoning Administrator shall also determine those proposed actions for which an optional EAW may be required under the provisions of the Section and shall notify the City Council of these proposed actions.
3. Preparation. All EAWs and EISs shall be prepared under the supervision of the Zoning Administrator and reviewed and approved by the City Council.
4. Alterations. When reviewing an EAW or EIS, the Zoning Administrator may suggest design alterations which would lessen the environmental impact of the action. The City Council may require these design alterations to be made as a condition for issuing the permit when it finds that the design alterations are necessary to lessen the environmental impact of the action.
D. Optional EAW. The City Council may, upon recommendation by the Zoning Administrator, require that an optional EAW be prepared on any proposed action if the action may be a major action and appears to have the potential for significant environmental effects. The following guidelines shall also be considered in determining whether an optional EAW shall be required:
1. Is the action to be in or near an area that is considered to be environmentally sensitive or aesthetically pleasing?
2. Is the action likely to have disruptive effects such as generating traffic and noise?
3. Are there public questions or controversy concerning the environmental effects of the proposed actions?
E. Enforcement and Penalty.
1. General Rule. No permit shall be issued for a project for which environmental documents are required until the entire environmental review procedures established by this Chapter are completed.
2. Compliance. No work shall commence and any work in progress on any project for which environment documents are required shall cease until the environmental review procedures established by this Chapter are fully complied with.
3. Violations. Each day that the violation of this Chapter is permitted to exist constitutes a separate offense. (Ord. 592, 9-17-2024)
12-5E-1: FEES AND DEPOSITS:
A. Base Fees. The Base Fees to be paid for each application shall be established by ordinance. Base Fees shall be payable at the time applications are filed with the City Clerk and shall not be refundable unless said application is withdrawn prior to referral to the Planning Commission. In addition to any other remedies available to the City, a double fee or $250.00, whichever is greater, shall be charged if action requiring any permit required by this Ordinance is undertaken without first obtaining a permit for such action.
B. Escrow Deposits. Escrow deposits, in amounts established by Ordinance, will be required to be submitted with planning applications to defray anticipated City expenses incurred in connection with the Application. Any expenses incurred by the City in excess of the escrow shall be billed to the Applicant after all city costs have been determined. Failure of the Applicant to reimburse billed expenses within 30 days may be cause for revocation of approval action taken by the City Council. Any unused escrow deposit amount shall be returned to the Applicant. (Ord. 592, 9-17-2024)
12-5E-2: VIOLATIONS; PENALTIES:
A. Issuance Of Citations. The City Code Enforcement Officer is hereby authorized to issue citations for violations of or refusal to comply with the provisions of this Chapter.
B. Violation; Penalty. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in [Section 1-4-1
]. (Ord. 592, 9-17-2024)