(A)   The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts the use of the land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

   (B)   Such special uses fall into two categories:

      (1)   Uses publicly operated or traditionally affected with a public interest.

      (2)   Uses entirely private in character but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Ord. passed 8-4-86)

   Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is situated.

(Ord. passed 8-4-86)

   An application for a special use or extension of special use shall be filed with the City Clerk on a form prescribed by the City Clerk. The application shall be accompanied by such plans or data prescribed and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in § 152.175.

(Ord. passed 8-4-86)

   (A)   Upon receipt of an application for special use, the Buildings and Grounds Committee shall review such application to determine that it contains all and sufficient information, as required by this chapter. Thereafter, the Building and Grounds Committee shall refer such application to the Zoning Board of Appeals.

   (B)   The Zoning Board of Appeals shall hold a public hearing in regard to the application for special use. Notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the city at least 15 days in advance of such hearing, but not more than 30 days in advance of such hearing. The cost of publication for such notice shall be borne by the petitioner.

(Ord. passed 8-4-86)

   For each application for a special use, the Building and Grounds Committee shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20% of the frontage adjacent thereto, or across any alley, or directly opposite therefrom, such special use shall not be granted, except by the favorable vote of two-thirds of all the members of the City Council. Any proposed special use which fails to receive the approval of the Board of Appeals shall not be passed by the corporate authorities, except by the favorable vote of two-thirds of all aldermen then holding office.

(Ord. passed 8-4-86)

   No special use shall be recommended by the Building and Grounds Committee unless the Committee shall find:

   (A)   That the establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort or general welfare.

   (B)   That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair values within the neighborhood.

   (C)   That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

   (D)   That adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.

   (E)   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

   (F)   That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council, pursuant to the recommendation of the Building and Grounds Committee.

(Ord. passed 8-4-86)

   (A)   Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the Building and Grounds Committee and the action of the City Council.

   (B)   The Building and Grounds Committee may recommend, and the City Council may authorize that there be in part of the area of a planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which the development is located, provided that the Building and Grounds Committee shall find that:

      (1)   The uses permitted by such exceptions as are necessary or desirable and are appropriate with respect to the primary purpose of the development.

      (2)   The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

      (3)   Not more than 30% of the ground area, or of the gross floor area, of such development shall be devoted to the uses permitted by the exception.

      (4)   In an industrial planned developments such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located.

      (5)   That the use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.

(Ord. passed 8-4-86)

   The formal petition shall contain, in addition to all other requirements, the following:

   (A)   An outline plan of the planned development.  

      (1)   This plan will be at a scale of not less than one inch equals 100 feet, which shall show all proposed streets (public and private) street classifications, rights-of-way, all principal and accessory buildings and their use, lot size, building lines, easements for utility services, off-street parking, service areas, open space, recreation facilities and any other information necessary to clearly show the proposed elements of the planned development.

      (2)   Based on the plan requirements outlined in division (A)(1), the Zoning Board of Appeals may hold a public hearing and make a decision to either disprove the plan or indicate approval of the planned development, based upon the applicant's preparation of the plan containing all the information listed herein. The applicant and the Zoning Board of Appeals shall set a date for the final public hearing. If the final plan is approved, the Building and Grounds Committee will then recommend their approval to the City Council, who shall make the final decision.

   (B)   Preliminary architectural plans.

      (1)   Preliminary architectural plans for all residential buildings shall be submitted in sufficient detail to show the basic building planning, the number of units per building and the number of bedrooms per dwelling unit.

      (2)   Preliminary architectural plans are not required for a business or other nonresidential buildings at the time of this application, but must be submitted to the Building and Grounds Committee for its approval prior to filing an application for a building permit.

   (C)   Boundary survey. A boundary survey of the subject area, prepared and certified by a registered state surveyor.

   (D)   Rendered plan. A rendered plan of the planned unit development area, showing in contrasting colors or by other means, the respective location of all categories of land use.

   (E)   Map. A map of the city showing the planned unit development area and its relation to the existing roads and streets and use districts within and immediately adjacent to the proposed project.

   (F)   Preliminary plans and outline specifications. Preliminary plans and outline specifications of the following improvements:

      (1)   Roads, streets and alleys, including classifications, width of right-of-ways width of paved surfaces and construction details.

      (2)   Sidewalks, including widths of paved surfaces and construction details.

      (3)   Sanitary and storm sewer systems.

      (4)   Water supply system.

      (5)   Street lighting and public area lighting system.

      (6)   Recommended installations for electric, gas and telephone facilities and distribution.

      (7)   Sequence of phases or stages of development of the planned unit development.

      (8)   General landscape planting plan shall be prepared by a landscape architect and shall meet the approval of the Building and Grounds Committee.

   (G)   Estimates of cost. Estimates of cost of installation of all proposed improvements, confirmed by a registered state engineer.

   (H)   Proposed covenants, restrictions and conditions. Petitioner's proposed covenants, restrictions and conditions to be established as part of the planned unit development.

   (I)   Construction time limit. The planned development must be under construction within one year from the date of approval; if it is not, the planned development authorization shall be null and void without further action by the Building and Grounds Committee or the City Council.

(Ord. passed 8-4-86)

   The Building and Grounds Committee may recommend, and the City Council may authorize, that there be in a planned development, exceptions to the bulk regulations set forth herein in the district regulations applicable to the district in which the planned development is located, provided that the Building and Grounds Committee shall find:

   (A)   That such exception shall be solely for the purpose of promoting a unified site plan no less beneficial to the residents or occupants of such development, as well as the neighboring property than would be obtained by the bulk regulations of this chapter for buildings developed on separate lots.

   (B)   That the overall floor area ratio, when applicable, would not exceed by more than 15% of the floor area ratio regulations of this chapter for the district in which it is located.

   (C)   That in the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be less than required by the district regulations applicable to the district in which the planned development is located, provided there is contained within the planned development permanent open spaces, the area and location of this shall meet with the approval of the Building and Grounds Committee.

   (D)   That such open spaces, as described above, shall be perpetuated, by properly recorded covenants extending over the life of the planned development, for use only by the residents of the planned development or dedicated to the city for school, park, playground or other public uses.

   (E)   That in part of a planned development devoted to residential uses, the Building and Grounds Committee may recommend, and the City Council may approve:

      (1)   Access to a dwelling by a driveway or pedestrian walk easement.

      (2)   Off-street parking facilities for such dwelling when located not more than 200 feet from the dwelling served.

      (3)   Spacing between buildings of lesser width or depths than required by district regulations for the district in which the planned development is located, provided:

         (a)   That protective covenants are recorded which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwelling served.

         (b)   The spacing between buildings shall be approved by the Building and Grounds Committee and shall be consistent with the application of recognized site planning principles for securing unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys. Spacing between principal buildings within a part of a planned development where subsequent transfer of ownership is contemplated, shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.

         (c)   The yards along the periphery of the development shall not be less in width or depth than required for permitted uses in the district regulations applicable to the district in which planned development is located, and the plan is developed to afford adequate protection to neighboring properties.

(Ord. passed 8-4-86)

   Prior to the granting of any special use, the Building and Grounds Committee may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with standards and requirements specified in § 152.174. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith, are being and will be complied with.

(Ord. passed 8-4-86)

   No application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Building and Grounds Committee.

(Ord. passed 8-4-86)

   In any case where a special use has not been established within one year after the date of granting, thereof, then without further action by the Building and Grounds Committee or the City Council, the special use authorization shall be null and void.

(Ord. passed 8-4-86)

   (A)   No permit for the installation of ground mounted solar panels shall be issued unless the City Council of the City of Polo has granted a permit for such.

   (B)   Any property owner or other authorized person or entity (“applicant”) who desires to place ground mounted solar panels in the City of Polo, must petition the Zoning Board of Appeals and request a special use permit. This section applies to all zoning classifications in the city.

   (C)   The “use” of ground mounted solar panels shall be classified as an “accessory use”.

   (D)   The following shall be required considerations for the ZBA and the City Council when deciding whether to grant or deny an applicant’s petition:

      (1)   Ground mounted solar panels should only be permitted when roof mounting is not feasible.

      (2)   The height of the panels must not exceed ten feet from the ground.

      (3)   The panels must meet setback requirements as established elsewhere in the Code of Ordinances and must be located in the rear yard only and must be located at least ten feet from any residence.

      (4)   The Board should consider whether the panels will create a reflective glare which may be objectionable to neighboring properties.

      (5)   At the public hearing on a petition for a special use permit, the Board may consider such other factors as deemed relevant to the Board.

      (6)   The property owner must present a plan acceptable to the Board and the City Council for decommissioning the ground mounted solar panels when their useful life ends and in the event that the special use permit is terminated as provided in the Code of Ordinances. If the solar service is out of service or not producing electrical energy for a period of 12 months, it will be deemed nonoperational and decommissioning and removal of that service will need to commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the service and restoration of the land shall be prepared by a professional engineer or contractor who has expertise in the removal of the solar panels and service with said cost to be the property owner’s responsibility. The decommissioning cost shall be made by cash, surety bond, escrow account, or irrevocable letter of credit before installation commences. Further, a restoration plan shall be provided for the site with the application. The decommissioning plan shall have the following provided:

         (a)   Removal of the following within six months:

            1.   All solar panels/collectors and components, above ground solar-related improvements, and outside storage related to the solar system.

            2.   Foundations, pads and underground electrical wires; reclaim site to a depth of not less than five feet below the surface of the ground.

            3.   Hazardous material from the property and dispose of same in accordance with federal and state law.

         (b)   The decommissioning and restoration plan shall also recite an agreement between the applicant and the city that:

            1.   The financial resources for decommissioning shall be in the form of a surety bond, escrow account, or other acceptable form of funds approved by the Mayor following consultation with the City Council, the City Clerk and the City Treasurer.

            2.   A written agreement will be prepared which establishes upon what conditions the funds will be disbursed.

            3.   The city shall have access to the account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within six months of the end of project life or facility abandonment.

            4.   If the property owner does not complete the decommissioning and restoration plan, the city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.

            5.   The city is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the city's right to seek reimbursement from applicant or applicant successor for decommissioning costs in excess of the amount deposited in the account and to file a lien against any real estate owned by the applicant or applicant’s successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce said lien.

            6.   The terms of the decommissioning plan shall be binding upon the owner/operator and any of their successors, assigns, or heirs.

            7.   Financial provisions are not intended to be so onerous as to make solar power projects unfeasible.

         (c)   The owner shall provide the city with a new estimate of the cost of decommissioning the solar energy project every five years. Salvage value of structures, electrical wire, and other appurtenances shall be considered within the cost estimate calculations. Upon receipt of the new estimate, the city will have the right to require a new financial plan for decommissioning acceptable to the city. Failure to provide an acceptable financial plan shall be considered a cessation of operations.

   (E)   For all solar energy projects for the generation of electricity (i.e., not limited to ground mounted solar panels) in the City of Polo, the service must comply with all applicable codes adopted by the City of Polo.

(Ord. 22-03, passed 4-18-22)