(a)

Purpose. Administrative deviations are intended to encourage owners of residential properties in LDR and LMDR districts to modernize and improve their properties while maintaining the overall character of the community. This is accomplished by allowing limited encroachments into certain required building and driveway setbacks and/or limited increases in fence height.

(b)

Exceptions. If any part of a proposal does not meet the requirements for administrative deviation as established in this section, the entire proposal shall be ineligible for administrative deviation approval; all deviations greater than what is described in this section shall adhere to the variance procedure established in section 1009.04. If the entrance to a driveway with a nonconforming setback is reconstructed as part of a public improvement project or any other public action but is not closer than two feet from an interior side property line, the community development department may approve a driveway setback deviation without adhering to the procedure described in subsection (d) of this section.

(c)

Limitations by category of administrative deviation.

(1)

Building setback deviation. A building setback deviation is a reduction of the required front, rear, interior side, and/or reverse-corner side yard setbacks for principal and/or accessory buildings. A building setback deviation shall not allow the encroachment of a building into public easements or required standard-corner side yard setbacks.

a.

A building setback deviation shall not be allowed for a principal building less than 20 years old. Age of a principal building is calculated by subtracting the year in which the building was constructed from the year of application for administrative deviation. Notwithstanding this age limitation, building setback deviations may be considered for newer homes which cannot be practically used by mobility-impaired occupants.

b.

A building setback deviation shall not allow principal building setbacks of less than 24 feet from front or rear property lines

c.

A building setback deviation shall not allow a principal building setback of less than three feet from an interior side property line.

d.

A building setback deviation may allow principal buildings to extend toward a reverse-corner side property line as far as 70 feet from the opposite, interior side property line, provided that the reverse-corner side setback shall not be less than 15 feet. A building setback deviation from a reverse-corner side property line shall not be allowed on parcels created/subdivided after January 1, 2011.

e.

A building setback deviation shall not allow an accessory building to be closer than three feet to a rear or interior side property line nor closer to a reverse-corner side property line than the principal building.

(2)

Driveway setback deviation. A driveway setback deviation is a reduction of the required interior side yard setback for driveways and parking/turnaround areas.

a.

A driveway setback deviation shall not allow encroachments into the required setback of a driveway at the property line from corner side property lines established in chapter 703.

b.

A driveway setback deviation shall not allow a driveway or parking area/turnaround setback less than two feet from an interior side property line.

c.

A driveway setback deviation shall not allow a driveway or parking area/turnaround setback less than ten feet from a corner side property line.

(3)

Fence height deviation. A fence height deviation is an increase of the required fence height limit to allow for better screening and/or noise reduction adjacent to highway rights-of-way, busy commercial areas, or other unusual properties. A fence height deviation shall not allow fences in excess of eight feet in height.

(d)

Administrative deviation approval process. The owner of property on which an administrative deviation is proposed shall file an application for approval of the administrative deviation by paying the fee set forth in the city fee schedule and submitting a completed application form and supporting documents as set forth on the application form. Complete applications shall be reviewed according to the process established in this section.

(1)

Hearing and notification. The community development department shall schedule an administrative hearing with the administrative deviation committee (ADC) to consider the application. The applicant and contiguous property owners shall be notified in writing by the community development department of the time and place of the administrative hearing not less than five days prior to such hearing. All property owners receiving notification of the administrative hearing shall be invited to comment on the proposed project and to attend the hearing.

(2)

Review of application. During the administrative hearing described in subsection (d)(1) of this section, the ADC shall review applications for administrative deviation and provide recommendations pertaining to the approval or denial of the request; the community development department may request additional review of applications from other city departments or public agencies.

(3)

Decision. After considering any public input and the recommendations of the above parties, the community development department shall have the authority to approve or deny administrative deviation applications.

(4)

Appeal. No permits shall be issued for a project requiring an administrative deviation before the expiration of a mandatory ten-day appeal period beginning on the date of the decision of the community development department; notwithstanding the following provisions, appeals of this decision shall adhere to the process established in section 1009.08.

a.

Appeals may be made by the original applicant or those property owners notified of the administrative hearing pursuant to subsection (d)(1) of this section.

b.

If all of those property owners notified of the administrative hearing pursuant to subsection (d)(1) of this section indicate to the community development department that they will not appeal the decision, the appeal period may be waived.

(e)

Considerations for approval.

(1)

Building setback deviation. In addition to other requirements of this section, the ADC shall consider the following factors prior to recommending approval or denial of a building setback deviation:

a.

The effect of the proposed project on the functional use of the property;

b.

The effect of the proposed project on the enclosed storage on the property;

c.

The propensity of the proposed project to create or exacerbate a drainage problem;

d.

Whether the proposed building mass would be consistent with that on contiguous properties;

e.

The proper scaling and integration of a new roof with the existing roof of the principal building on the property;

f.

The effect of the proposed project on the aesthetic quality of the property;

g.

Whether the existing garage space on the property accommodates more than one vehicle; and

h.

Whether the proposed project places more vehicles adjacent to first floor bedrooms on contiguous properties.

(2)

Driveway setback deviation. In addition to other requirements of this section, the ADC shall consider the following factors prior to recommending approval or denial of a driveway setback deviation:

a.

The intended use of the proposed driveway or driveway expansion;

b.

The proximity of the proposed driveway to bedrooms on adjacent properties;

c.

The potential for the proposed driveway to cause stormwater problems on adjacent properties;

d.

The aesthetic impact of the proposed driveway; and

e.

The incorporation of landscaping and/or fencing to screen the proposed driveway from adjacent properties.

(3)

Fence height deviation. In addition to other requirements of this section, the ADC shall consider the unique circumstances surrounding an applicant's property prior to recommending approval or denial of a fence height deviation.

(f)

Additional conditions of approval. The community development department may add conditions to an administrative deviation approval in order to mitigate the impact of a reduced building or driveway setback on adjacent properties. The administrative deviation review committee may recommend such conditions but such conditions shall be imposed or remitted at the discretion of the community development department.

(Ord. No. 1606, § 1009.01, 11-8-2021)

(a)

Purpose. Several land uses and structures have been designated as conditional uses in certain zoning districts; the purpose of the conditional use review process is to ensure that proposed conditional uses will satisfy applicable standards and criteria established for the protection of the public health, safety, and general welfare. Particular conditional uses may be subject to specific requirements in addition to the general standards and criteria pertaining to all conditional uses, and any conditional uses may be approved with conditions considered reasonable and necessary to enhance compatibility with surrounding uses.

(b)

Applications. The owner of property on which a conditional use is proposed shall file an application for approval of the conditional use by paying the fee set forth in the city fee schedule and submitting a completed application form and supporting documents as set forth on the application form. In addition, for applications pertaining to city-owned land in a park and recreation district, the proposed conditional use shall be reviewed for recommendation by the parks and recreation commission prior to submission of an application for approval. Complete applications shall be reviewed in a public hearing before the planning commission and acted upon by the city council according to the process set forth in chapter 107. If a proposed conditional use is denied, an application for substantially the same conditional use on the same property shall not be accepted within one year of the date of the denial.

(c)

General standards and criteria. When approving a proposed conditional use, the planning commission and city council shall make the following findings:

(1)

The proposed use is not in conflict with the comprehensive plan;

(2)

The proposed use is not in conflict with any regulating maps or other adopted plans;

(3)

The proposed use is not in conflict with any requirements of this Code;

(4)

The proposed use will not create an excessive burden on parks, streets, and other public facilities; and

(5)

The proposed use will not be injurious to the surrounding neighborhood, will not negatively impact traffic or property values, and will not otherwise harm the public health, safety, and general welfare.

(d)

Specific standards and criteria. When approving the conditional uses identified below, all of the additional, specific standards and criteria shall apply:

(1)

Animal boarding, animal day care, kennel. If outside exercise runs or other outdoor activities are contemplated, the following standards shall be met:

a.

Outdoor dog runs or exercise areas shall be located at least 100 feet from a residentially zoned property or property in residential use or shall have, at the time of application for conditional use approval, the written support of all owners of such properties within 100 feet; and

b.

Any portion of an outdoor kennel facing an adjacent property shall be screened from view by a solid fence, hedge or similar plant material.

(2)

Bank, financial institution. There are no specific standards for this use.

(3)

Bed and breakfast establishment.

a.

The use shall only be conducted in a one-family dwelling and shall be limited to a maximum of four sleeping rooms.

b.

Breakfast is the only meal that may be served, and it shall be limited to registered guests.

c.

Length of stay shall not exceed 21 consecutive days for each registered guest.

(4)

Building height increase. There are no specific standards for increased building height where allowed by the applicable zoning district requirements

(5)

Caretakers dwelling. There are no specific standards for this use.

(6)

College, or post-secondary school, campus.

a.

A facility established after the effective date of the ordinance from which this title is derived shall have vehicular access to a collector or higher classification street.

b.

A campus master plan shall be required to address the management of pedestrian, bicycle and vehicular circulation, relationship to surrounding land uses, and buffering and screening of adjacent uses to mitigate any impacts of a new or expanded/intensified campus.

(7)

Communications equipment, shortwave radio and TV antennas. There are no specific standards for this use.

(8)

Community residential facility, state licensed, serving seven to 16 persons. There are no specific standards for this use.

(9)

Day care center. There are no specific standards for this use.

(10)

Day care facility, group family. There are no specific standards for this use.

(11)

Dormitory. There are no specific standards for this use.

(12)

Drive-through facilities.

a.

Drive-through lanes and service windows shall be located to the side or rear of buildings and shall not be located between the principal structure and a public street, except when the parcel and/or structure lies adjacent to more than one public street and the placement is approved by the community development department.

b.

Points of vehicular ingress and egress shall be located at least 60 feet from the street right-of-way lines of the nearest intersection.

c.

The applicant shall submit a circulation plan that demonstrates that the use will not interfere with or reduce the safety of pedestrian and bicyclist movements. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern. Queuing lane space shall be provided, sufficient to accommodate demand, without interfering with primary driving, entrance, exit, pedestrian walkways, or parking facilities on site. The circulation plan shall be made a condition of approval and shall survive any and all users of the drive-through and may need to be amended from time to time to ensure continued compliance with this condition. Said amendments to the circulation plan will require an amendment to the conditional use

d.

Speaker box sounds from the drive-through lane shall not be loud enough to constitute a nuisance on an abutting residentially zoned property or property in residential use. Notwithstanding this requirement, such speaker boxes shall not be located less than 100 feet from an existing residentially zoned property or property in residential use.

e.

Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing.

f.

A ten-foot buffer area with screen planting and/or an opaque wall or fence between six and eight feet in height shall be required between the drive-through lane and any property line adjoining a public street or residentially zoned property or property in residential use and approved by the community development department.

(13)

Garden, public or community (flower or vegetable), greater than 10,000 square feet. There are no specific standards for this use.

(14)

Grocery store. There are no specific standards for this use.

(15)

Health club, fitness center. There are no specific standards for this use.

(16)

Hospital. There are no specific standards for this use.

(17)

Learning studio. There are no specific standards for this use.

(18)

Limited warehousing and distribution: nine or greater pickup, cargo, and/or cube variety fleet delivery/distribution trucks. There are no specific standards for this use.

(19)

Liquor store. There are no specific standards for this use.

(20)

Live-work unit.

a.

The work space component shall be located on the first floor or basement of the building, and shall have an entrance facing the primary abutting public street.

b.

The dwelling unit component shall be located above or behind the work space, and shall maintain a separate entrance which is located on the front or side façade and accessible from the primary abutting public street.

c.

The work space component of the unit shall not exceed 50 percent of the total gross floor area of the unit.

d.

The size and nature of the work space shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit which would require the building to be classified as a mixed-use building shall not be allowed.

e.

The business component of the building may include offices, small service establishments, homecrafts which are typically considered accessory to a dwelling unit, or limited retailing associated with fine arts, crafts, or personal services. The business component shall be limited to those uses otherwise permitted in the district which do not require a separation from residentially zoned or occupied property, or other protected use. It shall not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business, or auto service or repair for any vehicles other than those registered to residents of the property.

(21)

Maintenance facility. There are no specific standards for this use.

(22)

Manufactured home park.

a.

Minimum dimensional standards.

Table 1009.02

b.

Sidewalks. A concrete sidewalk at least three feet six inches wide shall be built and maintained by the owner or operator providing access to all mobile home sites, recreational areas, common use buildings, storage areas, and the primary abutting public street.

c.

Lighting. Artificial lights shall be maintained during all hours of darkness in all buildings provided for common facilities of occupants' use. The manufactured home park grounds, street and pedestrian areas shall be lighted from sunset to sunrise in accordance with a lighting plan approved by the community development department.

d.

Recreation areas. All manufactured home parks shall have one or more recreational areas which shall be easily accessible to all park residents. Recreational areas shall be so located so as to be free of traffic hazards and should, where the topography permits, be centrally located. The size of such recreational area shall be a minimum of ten percent of the land area of the manufactured home park. All equipment installed in such area shall be owned and maintained by the owner or operator of the manufactured home park at the owner or operator's expense.

e.

Landscaping. All areas shall be landscaped in accordance with a landscaping plan approved by the community development department. The following minimum landscaping requirements shall be maintained in all manufactured home parks:

1.

Each lot shall be properly landscaped with at least one tree and hedge. All yards shall be sodded or planted in grass. There shall be a minimum of 20 trees per gross acre in all areas of a manufactured home park. Trees, grass, and landscape materials shall be properly maintained and replaced, as necessary, to conform to the approved landscape plans and specifications.

2.

A visual screen, consisting of a compact hedge, redwood fence, coniferous trees or other landscape or fencing materials approved by the community development department shall be installed and maintained around the periphery of the manufactured home park to substantially inhibit eye level vision from the exterior and shall be kept free of rubbish, debris, and weeds.

f.

Storm shelter. A storm shelter structure capable of housing all of the occupants of the manufactured home park shall be constructed in a central location. Such structure shall be of an all masonry construction capable of withstanding 75-mile-per hour winds. Such structure may also house other common facilities such as vending machines, laundry equipment, and ancillary utilities. The design of such structure shall be approved by the community development department.

g.

Manufactured home stands. Each lot for a manufactured home shall have an area of reinforced concrete four inches in depth, of adequate size to accommodate each manufactured home unit. The stand shall not heave, shift, or settle unevenly under the weight of a manufactured home due to frost action, inadequate drainage, vibration, or other forces acting on the structure. Anchors or tie downs shall be cast in place at a maximum separation of 12 feet on center and be capable of sustaining a minimum pull of 4,800 pounds per anchor.

h.

Skirting. All manufactured home units shall have skirts around the entire manufactured home made of plastic, fiberglass, or other comparable, noncombustible material approved by the community development department and shall be of a permanent color or painted to match the skirted manufactured home so as to enhance the general appearance of the home.

i.

Storage Building. A structure shall be provided on the premises to accommodate storable items of manufactured home occupants providing at least fifteen square feet of storage area per manufactured home unit in the manufactured home court. Such storage spaces shall be designed and maintained to provide secure storage for each manufactured home unit; the design shall be subject to approval of the community development department.

(23)

Manufacturing and processing, outdoor activities/storage.

a.

Areas of outdoor activity or storage shall not be located between the principal use and the primary public street.

b.

Areas of outdoor activities or storage shall be screened by a solid opaque wall or fence at least eight feet in height.

c.

Aggregates and other granular materials shall be stored in such a way that prevents erosion.

d.

The planning commission and the city council shall give special consideration to the height of equipment and materials stored outside and its visibility from nearby properties and roadways.

(24)

Motor fuel sales, motor vehicle repair, body shop.

a.

Pump islands and canopies. The centerline of pump islands (or the outer edge of a pump island canopy, if present) shall be a minimum of 25 feet from a property line.

b.

Driveways. Driveways shall be located a minimum of 50 feet from the street right-of-way lines of the nearest intersection.

c.

Outdoor display sales area. All outdoor display sales areas shall be limited to 250 square feet, shall not be located in pump area, and shall require an outdoor display sales permit and site plan to be approved by the community development department.

(25)

Motor vehicle rental/leasing. In commercial and mixed-use districts, motor vehicle rental and leasing businesses may be allowed as tenants in office and office service buildings, meeting the following requirements:

a.

Storage of vehicles on the premises shall be purely an accessory use, and shall not function as display or advertising, and shall not be allowed to alter the appearance and character of the property.

b.

If located in an office building, rental or leasing shall be limited to small vehicles and the parking spaces, signage, and other visible evidence of the rental or leasing business shall be compatible with the office setting.

1.

Small vehicles. For rental and leasing businesses, a small vehicle is defined as a motor vehicle intended primarily for passenger use and no taller than seven feet in height and no longer than 20 feet in length.

2.

Parking spaces. One on-site parking space shall be required for each rental vehicle in addition to the number of parking spaces required in chapter 1013 for employees of the rental or leasing business and for other uses on the site or in the same building.

3.

Maintenance and cleaning. All maintenance and cleaning of vehicles, all equipment for maintenance and cleaning of vehicles, and all trailers or other equipment or devices used for transporting vehicles shall be completely within the principal building or completely screened from eye level of adjacent public streets, residential areas, and from other tenant spaces if the use is in a multi-tenant building.

4.

Storage of vehicles. Storage of vehicles shall not interfere with the safe and efficient access and circulation of vehicles and pedestrians on site.

(26)

Motor vehicle dealer. The sale of new motor vehicles shall be permitted only by a licensed motor vehicle dealer with a new vehicle franchise. The sale of used motor vehicles by a licensed motor vehicle dealer is permitted, but shall only occur in conjunction with on-site new vehicle franchises and the sales of new motor vehicles.

(27)

Multifamily, dwellings with eight or more units per building. There are no specific standards for this use.

(28)

Nursing home/assisted living facility.

a.

The yard requirements for multifamily use in the district apply.

b.

A facility established after the effective date of the ordinance from which this title is derived within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

c.

The site shall contain a minimum of 150 square feet of usable open space per resident, consisting of outdoor seating areas, gardens and/or recreational facilities. Public parks or plazas within 300 feet of the site may be used to meet this requirement.

d.

An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(29)

Off-site parking.

a.

Paved pedestrian access shall be provided and maintained between the off-site parking facility and the principal structure.

b.

The off-site parking facility shall be located no further than 300 feet from a residential structure and no further than 500 feet from a nonresidential structure. Shuttle service may be provided as an alternative means of access for non-residential uses.

c.

Off-site parking facilities shall be protected by a covenant running with the land and recorded with the county in a form approved by the city attorney. Such a covenant shall not be revoked without consent of the city. A recorded document shall be provided to the community development department prior to the use of the off -site parking area.

(30)

One-family attached dwelling (townhome, rowhouse). There are no specific standards for this use.

(31)

Outdoor storage. All outdoor storage shall occur on paved surfaces consistent with the parking area requirements of section 1013.11 and shall adhere to the parking area setback requirements in the applicable zoning district except that no outdoor storage shall be allowed between a principal building and the front property line. Areas of outdoor storage shall not obstruct required drive aisles or parking stalls. Due consideration shall be given to the aesthetic impacts of the nature of outdoor storage and necessary screening on the surrounding properties.

a.

Equipment and goods. Greater setbacks shall be considered for pressurized canisters or potentially explosive goods. Equipment and goods shall be screened by screen wall or fence at least six feet in height and at least 95 percent opaque. Equipment available for rent may be displayed without screening in an area not exceeding ten percent of the screened outdoor storage area.

b.

Inoperable/out of service vehicles or equipment. All vehicles or equipment which are inoperable or unused for more than 72 hours shall be screened by screen wall or fence at least six feet in height and at least 95 percent opaque.

c.

Loose materials. All materials shall be screened by screen wall or fence at least six feet in height and at least 95 percent opaque. Special attention shall be given to the need to control erosion and prevent pollution. Small amounts of materials stored outdoors and available for sale may be displayed in an area without screening.

(32)

Park and ride facility. There are no specific standards for this use.

(33)

Pawnshop. There are no specific standards for this use.

(34)

Place of assembly. A facility established after the effective date of the ordinance from which this title is derived within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.

(35)

Renewable energy systems. There are no specific standards for this use.

(36)

Transit center. There are no specific standards for this use.

(37)

Fleet vehicles. All outdoor storage shall occur on paved surfaces consistent with the parking area requirements of section 1013.11 and shall adhere to the parking area setback requirements in the applicable zoning district. Fleet vehicles in active use need not be screened, but inoperable or otherwise out-of-service vehicles (e.g., snow plows in the summer, or "retired" vehicles) shall adhere to the requirements for outdoor storage of inoperable/out-of-service vehicles or equipment.

(38)

Motor freight terminal.

a.

All outdoor semi-trailer storage shall occur on paved surfaces consistent with the parking area requirements of section 1013.11 and shall adhere to the parking area setback requirements in the applicable zoning district except that no outdoor semi-trailer storage shall be allowed between a principal building and the primary public street as determined by city staff. Areas of outdoor semi-trailer storage shall not obstruct required drive aisles or parking stalls.

b.

All trailer shall be parked/stored a minimum of ten feet from a side- or rear-yard property line.

c.

Semi-trailers stored adjacent to employment, employment center, or core mixed-use zoned property shall provide a ten-foot buffer area complete with screen planting and an opaque wall or fence a minimum of eight feet in height as approved by the community development department.

d.

The property owner/applicant shall submit a circulation plan that demonstrates that the outdoor semi-trailer storage use does not conflict with other operations on the site, customer parking, and pedestrian access through the site.

e.

Outdoor storage of semi-trailers shall include a minimum of 80 percent of such trailers being licensed and operational. Those semi-trailers that are not licensed and/or operational shall be stored at the rear of the premises.

(39)

Taproom.

a.

Where appropriate and applicable, an outdoor patio shall be permitted in a location which is the furthest away from any adjacent residential zone or use. In no instance shall an outdoor patio be located closer than 25 feet from a residentially zoned or used property.

b.

Site screening (including outdoor patio areas), shall be required for all new or changes in use buildings/sites. Screening requirement shall be satisfied through the use of berms, solid board-on-board fences, walls, planting screens, evergreen trees, hedges, or some combination thereof. Any screen wall shall be constructed of permanent finished materials approved by the community development department. Such screens shall be 100 percent opaque and at least six feet in height.

c.

Hours of operation of an outdoor patio that lies adjacent to a residentially zoned or used property shall be limited to no later than 9:00 p.m. weekdays and 10:00 p.m. weekends.

(40)

Cannabis cultivation business, cannabis or hemp industrial business, cannabis combination business. An odor mitigation plan shall be submitted that outlines all odor emitting aspects of the business and mitigations to be implemented to ensure compliance with section 1011.02(c)(4), ensuring odor is not readily detectable beyond the boundaries of the immediate site upon establishment of the business and for the full duration of the business.

(41)

Cannabis delivery/transportation business. These shall be regulated consistent with limited warehousing and distribution uses, such that uses utilizing nine or greater pickup, cargo, and/or cube variety fleet delivery/distribution trucks require approval as a conditional use. There are no specific standards for this use.

(e)

Validation. A conditional use approval shall be validated by the applicant through the commencement of the authorized use or of any necessary construction (subject to the permit requirements of title 9) in support of the conditional use within one year of the date of the approval. Notwithstanding this time limitation, the city council may approve extensions of the time allowed for validation of the conditional use approval if requested in writing by the applicant; extension requests shall be submitted to the community development department and shall identify the reasons why the extension is necessary along with an anticipated timeline for validation of the conditional use approval.

(f)

Expiration. A conditional use approval shall automatically expire if:

(1)

The approval is not validated pursuant to subsection (e) of this section; or

(2)

A validated conditional use which has become nonconforming ceases operation for a continuous period of one year or longer.

(g)

Recording. A certified copy of a city council resolution approving a conditional use shall be filed with the county recorder upon validation.

(Ord. No. 1606, § 1009.02, 11-8-2021; Ord. No. 1682, § 4, 11-25-2024)

(a)

Purpose. Certain land uses might not be consistent with the land uses designated in the comprehensive land use plan, and they might also fail to meet all of the zoning standards established for the district within which they are proposed; some such land uses may, however, be acceptable or even beneficial if reviewed and provisionally approved for a limited period of time. The purpose of the interim use review process is to allow the approval of interim uses on a case-by-case basis; approved interim uses shall have a definite end date and may be subject to specific conditions considered reasonable and/or necessary for the protection of the public health, safety, and general welfare.

(b)

Open house meeting. Prior to submitting an application for a proposed interim use, an applicant shall hold a community open house meeting as described in section 1009.07.

(c)

Applications. The owner of property on which an interim use is proposed shall file an application for approval of the interim use by paying the fee set forth in the city fee schedule and submitting a completed application form and supporting documents as set forth on the application form. Complete applications shall be reviewed in a public hearing before the planning commission and acted upon by the city council according to the process set forth in chapter 107. If a proposed interim use is denied, an application for substantially the same interim use on the same property shall not be accepted within one year of the date of the denial.

(d)

General standards and criteria. When approving a proposed interim use, the planning commission and city council shall make the following findings:

(1)

The proposed use will not impose additional costs on the public if it is necessary for the public to take the property in the future;

(2)

The proposed use will not create an excessive burden on parks, streets, and other public facilities; and

(3)

The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare.

(e)

Expiration. An interim use approval shall expire and an approved interim use shall cease at the earliest of:

(1)

Five years from the date of the approval;

(2)

Upon the expiration date established in the approval; or

(3)

Upon reaching some other expiration threshold established as a condition of approval.

(f)

Renewals.

(1)

If an approved interim use is to be continued beyond the date of its expiration or if an expired interim use is to be reinstated, an applicant shall follow the process set forth in subsection (c) of this section for seeking a new interim use approval.

(2)

Notwithstanding the requirement set forth in subsection (f)(1) of this section, the city council may approve extensions to the expiration of an approved interim use when:

a.

The approved interim use has not yet commenced; and

b.

The duration of the approved interim use is not to exceed three months.

(3)

To request an extension under the circumstances set forth in subsection (f)(2) of this section, applicants shall submit to the community development department a written request including an explanation of the factors which necessitate the extension. Within 30 days of receipt of such a request, the matter shall be brought to the city council for action.

(Ord. No. 1606, § 1009.03, 11-8-2021)

(a)

Purpose. Each zoning classification indicates specific development standards such as setback and height restrictions. There are occasions, however, when the strict application of such standards may be inappropriate because of unique circumstances to the property. The variance procedure is authorized by Minn. Stat. § 462.357, subd. 6 and is designed to permit adjustment to the zoning regulations where there are practical difficulties applying to a parcel of land or building that prevent the property from being used to the extent intended by the zoning. Unique circumstances may include factors such as the size, shape, topography, vegetation, wetlands, or other such characteristics of the land. Variances should not be granted to residential density standards or type of use.

(b)

Applications. The owner of property on which a variance is proposed shall file an application for approval of the variance by paying the fee set forth in the city fee schedule and submitting a completed application form and supporting documents as set forth on the application form. Complete applications shall be reviewed in a public hearing according to the process set forth in chapter 107. If a proposed variance is denied, an application for substantially the same variance on the same property shall not be accepted within one year of the date of the denial.

(c)

Approval. The city may impose conditions in the granting of variances. A condition must be directly related to, and must bear a rough proportionality to, the impact created by the variance. In order to approve a variance request, the variance board shall find based on the application submitted:

(1)

The proposal is consistent with the comprehensive plan;

(2)

The proposal is in harmony with the purposes and intent of the zoning ordinances;

(3)

The proposal puts the subject property to use in a reasonable manner;

(4)

There are unique circumstances to the property which were not created by the landowner; and

(5)

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

(d)

Validation and expiration. A variance approval shall be validated by the applicant through the commencement of any necessary construction (subject to the permit requirements of title 9) authorized by the variance within one year of the date of the approval. A variance approval shall automatically expire if the approval is not validated pursuant to this section. Notwithstanding this time limitation, the variance board may approve extensions of the time allowed for validation of the variance approval if requested in writing by the applicant; extension requests shall be submitted to the community development department and shall identify the reason why the extension is necessary along with an anticipated timeline for validation of the variance approval.

(Ord. No. 1606, § 1009.04, 11-8-2021)

(a)

Purpose. To provide flexibility in responding to development constraints which were unanticipated during the review of proposals requiring development approval (e.g., conditional use, variance, etc.) by allowing administrative approval of minor changes to the approved location, size, and/or type of site improvements.

(b)

Minor changes. The community development department may approve such minor changes upon review by the development review committee to ensure that the proposed changes neither cause any aspect of the project to fail to comply with applicable Code requirements nor materially change any important representations made to the city and surrounding residents during the original review and approval process.

(c)

Major changes. If the development review committee determines that a proposed change cannot be considered as a minor change, such change may be considered either as an amendment to the original plan or as a new proposal; in either case, the applicant shall follow the process established in this title for seeking a new approval of the appropriate type.

(Ord. No. 1606, § 1009.05, 11-8-2021)

(a)

Amendment. An amendment to a zoning ordinance or map (official zoning map) may be initiated by the city council, the planning agency (including the community development department), a property owner, or by petition of affected property owners as defined in the city's zoning ordinance. The purpose of the zoning change review process is to consider such changes for approval where they would be consistent with the guidance and intent of the comprehensive plan and would not be injurious to the public health, safety, and general welfare.

(b)

Open house meeting. Prior to submitting an application for a proposed zoning map change, an applicant shall hold a community open house meeting as described in section 1009.07.

(c)

Applications. The owner of property on which a zoning change is proposed shall file an application for approval of the zoning change by paying the fee set forth in the city fee schedule and submitting a completed application form and supporting documents as set forth on the application form. Complete applications shall be reviewed in a public hearing before the planning commission and acted upon by the city council according to the process set forth in chapter 107. If a proposed zoning change is denied, an application for substantially the same zoning change on the same property shall not be accepted within one year of the date of the denial.

(d)

Petitions. A petition containing the signatures of at least 50 percent of the property owners within the public hearing notification area for a particular piece of property may be submitted as an application for approval of a zoning change when none of the petitioners is the owner of said property.

(e)

Such an application-by-petition, along with a letter detailing the reasons for the requested zoning change, and the fee set forth in the city fee schedule, shall be submitted to the community development department and shall be reviewed according the same process as established in subsection (c) of this section, including a petitioner-sponsored open house meeting for a proposed zoning map change as required in subsection (b) of this section.

(Ord. No. 1606, § 1009.06, 11-8-2021)

(a)

Purpose. Certain proposals or applications for development may constitute significant departures from the present or historical use and/or zoning of a property. Prior to submitting an application for a comprehensive plan map change, a zoning map change, an interim use, a subdivision plat, or a planned unit development an applicant shall hold an open house meeting with property owners and renters in the vicinity of the potential development location in order to provide a convenient forum for engaging community members in the development process, to describe the proposal in detail, and to answer questions and solicit feedback.

(b)

Applicant responsibility. The applicant shall be responsible for the following items:

(1)

Completed open house form (application).

(2)

Payment of fee and escrow.

(3)

Provision of applicable information regarding the project/request.

(4)

Provision of the open house location, date, and time.

(5)

Required submittal of open house summary upon conclusion of meeting.

(c)

Generally. Applicant shall refer to the open house meeting policy that is a component of the open house form (application) or contact the community development department for additional information regarding the process.

(d)

No later than the date of submission of the application the applicant/developer shall be responsible for mailing a copy of the meeting summary of all attendees who provided their names and addresses on the sign-in sheet.

(Ord. No. 1606, § 1009.07, 11-8-2021)

(a)

An appeal pertaining to a decision of the variance board or an administrative ruling of the community development department regarding any interpretation of the intent of this title, or any administrative action approving or denying an application or request related to any matter addressed in this title may be filed by any property owner or their agent.

(1)

The appeal shall be submitted to the city manager within ten calendar days after the making of the order or decision being appealed.

(2)

The appeal shall state the specific grounds upon which the appeal is made.

(3)

The appeal shall be accompanied by the fee set forth in the city fee schedule.

(b)

When an appeal is filed, a public meeting regarding the matter shall be held before the city council, acting as the board of adjustments and appeals, at a regular meeting held within 30 days of the receipt of the appeal. The board of adjustments and appeals will reconsider only the evidence that had previously been considered as part of the formal action that is the subject of the appeal. New or additional information from the appeals applicant may be considered by the board of adjustments and appeals at its sole discretion, if that information serves to clarify information previously considered by the variance board and/or staff.

(1)

Variance appeals. A mailed notice of the public meeting at which the appeal is to be considered will be sent to the appeals applicant, members of the variance board, and to all of those property owners within the public hearing notification area established in chapter 107, as well as the owner of the subject property.

(2)

Administrative deviation appeals. A mailed notice of the public meeting at which the appeal is to be considered will be sent to the appeals applicant and all of those property owners who received notice of the original administrative deviation hearing, as well as the owner of the subject property.

(3)

Appeals of administrative decisions. A mailed notice of the public meeting at which the appeal is to be considered will be sent to the appeals applicant as well as the owner of the subject property.

(Ord. No. 1606, § 1009.08, 11-8-2021)