The city council shall appoint a zoning administrator. The zoning administrator shall enforce this chapter and shall perform the following duties:

(1)

Review and approve building permits for compliance with this chapter, approve other permits, make and maintain records thereof.

(2)

Determine compliance of land use with the terms of this chapter.

(3)

Maintain permanent and current records of this chapter, including but not limited to, maps, amendments, conditional uses, variances, appeals and applications.

(4)

Review, file and forward all applications for appeals, variances, conditional uses or other matters to the designated official bodies.

(5)

Institute in the name of the city any appropriate actions for proceedings against a violator as provided for in this chapter.

(Prior Code, § 5.6.04(a))

(a)

There is hereby created a board of adjustments and appeals, which shall consist of three members appointed by the city council as follows: one member of the planning commission (other than the city council representative), one citizen at large and one member selected by the council from its own membership. Two members of the board constitute a quorum, and all action by the board requires the affirmative vote of the quorum. The board shall serve without compensation. Its members shall serve a term of one year beginning on January 1 and until their successors are appointed. The board shall elect one of its members as chairperson and appoint a secretary who may, but need not, be one of its members. Staff services for the board shall be furnished by the council.

(b)

The board shall elect a chairperson and vice-chairperson from among its members and shall adopt rules for the transaction of its business. The board shall provide a public record of its proceedings which shall include the minutes of its meetings, its findings, and action taken on each matter heard by it, including the final recommendation. The meetings of the board shall be held at the call of the chairperson and at such other times as the board in its rules of procedure may specify.

(c)

The board shall review all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear appeals from and review any order, requirement, decision, or determination made by the administrative officer charged with enforcing this chapter. Such appeal may be taken by any person, firm or corporation aggrieved or by any officer, department, board or bureau of the city. The board shall also have the authority to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are indicated in section 109-37.

(d)

Meetings by the board shall be held within such times and upon such notice to interested parties as is provided in this chapter and in accordance with its adopted rules for the transaction of business. The board shall, within 60 days make a determination concerning any matter brought before it.

(Prior Code, § 5.6.04(b))

State Law reference— Board of adjustments and appeals, Minn. Stats. §§ 462.354, subd. 2, 462.357, subd. 6.

The planning and zoning commission shall provide assistance to the city council and zoning administrator in the administration of this chapter, and the recommendation of the commission shall review, hold public hearings, and make recommendations to the city council on all applications for zoning amendments and conditional use permits using the criteria in sections 109-35 and 109-36.

(Prior Code, § 5.6.04(c))

(a)

Criteria for granting zoning amendments. The city council may adopt by a majority vote of all members present (except as in subsection (b)(4) of this section), amendments to this chapter and zoning map in relation both to land uses within a particular district or to the location of the district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan or changes in conditions in the city.

(b)

Kinds of amendments.

(1)

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

(2)

A change in a district's regulations.

(3)

A change in any other provision of this chapter.

(4)

A change in classification of land from residential to commercial or industrial requires a two-thirds vote for approval.

(c)

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

(1)

By property owners.

(2)

By recommendation of the planning and zoning commission.

(3)

By action of the city council.

(d)

Required exhibits for rezoning or district regulation changes initiated by property owners.

(1)

An accurate listing showing property owners' names and addresses within the affected zone and within 350 feet of the outer boundaries of the property in question.

(2)

An accurate boundary survey and preliminary development plan may be required by the planning commission.

(e)

Procedure for initiating an amendment based upon application by a property owner. The procedure for a property owner to initiate a rezoning or district regulation change applying to his property is as follows:

(1)

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

(2)

Evidence of ownership or enforceable option on the property.

(3)

The planning and zoning commission shall set the date for a public hearing. The zoning administrator shall prepare notices of such hearing for publication in the legal newspaper at least once, not less than ten days and not more than 30 days prior to said hearing. A similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. Failure of a property owner to receive such notification shall not invalidate the proceedings, provided a bona fide attempt to comply with these provisions have been made.

(4)

The city council may waive the mailed notice requirements for a citywide amendment to this chapter.

(5)

Prior to the scheduled public hearing, the zoning administrator shall prepare the appropriate exhibits for distribution to the planning and zoning commission and to interested parties.

(6)

The planning and zoning commission shall hold the public hearing, adopt findings based upon the evidence established during the hearing, and recommend and transmit to the city council, one of three actions: approval, denial or conditional approval.

(7)

The city council shall act upon the application after receiving the recommendation of the planning and zoning commission.

(8)

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

(9)

Completed application shall be acted upon within 60 days of receipt unless properly extended.

(f)

Procedure for initiating an amendment based upon a recommendation by the planning and zoning commission.

(1)

The planning and zoning commission shall pass a motion recommending an amendment to this chapter.

(2)

The planning and zoning commission shall submit the proposed amendment to the city council for review and comment.

(3)

The planning and zoning commission shall set the date for a public hearing. The zoning administrator shall prepare notices of such hearing for publication in the legal newspaper at least once, not less than ten days and not more than 30 days prior to said hearing. A similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. Failure of a property owner to receive such notification shall not invalidate the proceedings, provided a bona fide attempt to comply with these provisions has been made.

(4)

The city council may waive the mailed notice requirements for a citywide amendment to this chapter.

(5)

Prior to the scheduled public hearing, the zoning administrator shall prepare the appropriate exhibits for distribution to the planning and zoning commission and to interested parties.

(6)

The planning and zoning commission shall hold the public hearing, adopt findings based upon the evidence established during the hearing, and shall make and transmit a recommendation to the city council within 60 days from the close of the public hearing.

(7)

The city council shall adopt findings and shall act upon the application within 60 days after receiving the recommendation of the planning and zoning commission.

(g)

Procedure for initiating an amendment based upon a recommendation by the city council.

(1)

The city council shall pass a resolution of intent to amend this chapter.

(2)

The city council shall submit the proposed amendment to the planning and zoning commission for review and comment.

(3)

The planning and zoning commission shall set the date for a public hearing. The zoning administrator shall prepare notices of such hearing for publication in the legal newspaper at least once, not less than ten days and not more than 30 days prior to said hearing. A similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. Failure of a property owner to receive such notification shall not invalidate the proceedings, provided a bona fide attempt to comply with these provisions has been made.

(4)

The city council may waive the mailed notice requirements for a citywide amendment to this chapter.

(5)

Prior to the scheduled public hearing, the zoning administrator shall prepare the appropriate exhibits for distribution to the planning and zoning commission and to interested parties.

(6)

The planning and zoning commission shall hold the public hearing, adopt findings based upon the evidence established during the hearing, and shall make and transmit a recommendation to the city council within 60 days from the close of the public hearing.

(7)

The city council shall adopt findings and shall act upon the application within 60 days after receiving the recommendation of the commission.

(Prior Code, § 5.6.04(d))

State Law reference— Zoning amendments, Minn. Stats. § 462.357, subds. 3, 4.

(a)

Criteria for approval of conditional use permit applications. To approve a conditional use permit application, the city council shall consider the advice and recommendations of the planning and zoning commission. Each application shall be reviewed to determine the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. At a minimum, the city council shall consider the following, where applicable:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

The use will not cause traffic hazard or congestion.

(7)

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

(b)

Additional conditions.

(1)

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

a.

Increasing the required lot size or yard distance.

b.

Limiting the height, size or location of buildings.

c.

Controlling the location and number of vehicle access points.

d.

Increasing the street width.

e.

Increasing the number of required off-street parking spaces.

f.

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

g.

Designating sites for open space.

(2)

The zoning administrator shall maintain a record of all conditional use permits issued including information on the use, location, and conditions imposed by the city council; dates for review of time limits (section 109-36(d)), and such other information as may be appropriate.

(c)

Required exhibits for conditional use permits.

(1)

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

(2)

Evidence of ownership or enforceable option on the property.

(3)

Evidence of current real estate taxes paid.

(d)

Procedure. The procedure for applying for a conditional use permit is as follows:

(1)

The property owner or his agent shall meet with the zoning administrator to explain his situation, learn the procedures and obtain an application form.

(2)

The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council.

(3)

The planning and zoning commission shall set a date for a public hearing. The zoning administrator shall prepare notices of such hearing for publication in the legal newspaper at least once, not less than ten days and not more than 30 days prior to the scheduled hearing. A similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. Failure of a property owner to receive such notification shall not invalidate the proceedings, provided a bona fide attempt to comply with these provisions has been made.

(4)

Prior to the scheduled public hearing, the zoning administrator shall prepare the appropriate exhibits for distribution to the planning and zoning commission and to interested parties.

(5)

The planning and zoning commission shall hold the public hearing, study the application to determine possible adverse effects of the proposed conditional use and determine what additional requirements may be necessary to reduce such adverse effects, adopt findings based upon the evidence established during the hearing and shall recommend one of three actions: approval, denial, or conditional approval.

(6)

The city council shall adopt findings and shall take appropriate action on the request for a conditional use permit after receiving the recommendation from the commission. If it grants the conditional use permit, the city council may impose conditions it considers necessary to protect the public health, safety, and welfare.

(7)

Where a conditional use permit has been issued pursuant to the provisions of this chapter, such permit shall become null and void without further action by the planning and zoning commission or the city council unless work on the property by the applicant commences within 60 days of the date of granting such conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(8)

In the event that the applicant violates any of the conditions set forth in this permit, the conditional use permit may be revoked by the city council.

(Prior Code, § 5.6.04(e))

State Law reference— Conditional uses, Minn. Stats. § 462.357, subd. 1b.

(a)

Pursuant to Minn. Stats. § 462.357, subd. 6, the board of adjustments and appeals may issue variances from the provisions of this zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property.

(b)

Criteria for granting variances.

(1)

Variances shall only be permitted:

a.

When they are in harmony with the general purposes and intent of the ordinance; and

b.

When the variances are consistent with the comprehensive plan.

(2)

Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter.

(c)

The term "practical difficulties," as used in connection with the granting of a variance, means that:

(1)

The property owner proposes to use the property in a reasonable manner not permitted by this chapter.

(2)

The plight of the landowner is due to circumstances unique to the property not created by the landowner.

(3)

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

(4)

Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(5)

Economic considerations alone do not constitute practical difficulties.

(d)

Variances shall be granted for earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter.

(e)

The board of adjustments and appeals may not permit as a variance any use that is not allowed under this chapter for property in the zone where the affected person's land is located.

(f)

The board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.

(g)

The board 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.

(Prior Code, § 5.6.04(f); Ord. No. 519, § 1, 6-26-2018)

(a)

Enforcing officer. It shall be the duty of the zoning administrator to cause the provisions of this chapter to be enforced through the proper legal channels.

(b)

Building permit. Hereafter, no person, firm, or corporation shall erect, construct, enlarge, convert, or demolish any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure issued by the building official.

(c)

Procedure.

(1)

Persons requesting a building permit shall fill out a building permit application. In those cases where a contractor is used, the contractor shall not commence construction until the building permit is displayed on the construction site.

(2)

If the proposed construction conforms in all respects to this chapter, state building code, all applicable codes, and upon payment of proper fees, a building permit shall be issued within a period of 60 days of application. The owner shall be responsible to complete the permitted construction in its entirety as specified in the permit within 12 months of the date of the permit.

(3)

If the proposed construction involves a zoning amendment, variance, or conditional use permit, the request shall be submitted either to the planning and zoning commission or zoning board of adjustment and appeals for review and appropriate action and according to the procedures set forth in sections 109-35 through 109-37.

(d)

Violations and penalties.

(1)

Any person who shall violate or refuse to comply with any of the provisions of this chapter shall be subject, upon conviction thereof, to the provisions of section 1-6. Each day that the violation is permitted to exist shall constitute a separate offense.

(2)

Violation of a condition imposed by any conditional use permit may result in the termination of said permit. The city council shall have the authority to terminate a conditional use permit only after a public hearing has occurred.

(3)

Prior to the public hearing, the city shall notify the interested party or parties that termination proceedings concerning the nonconforming, conditional, incompatible, accessory, or home occupational use have been scheduled. Said notice shall be issued by certified mail to the party in violation and by publication of one legal notice at least ten days prior to the hearing date.

(Prior Code, § 5.6.04(g))

(a)

Purpose. The purposes of this section are:

(1)

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

(2)

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

(3)

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

(4)

To facilitate the economical provision of streets and public utilities.

(b)

Permitted uses. Dwelling units in detached, clustered, semi-detached, attached or multi-storied structures or combinations thereof and customary accessory uses.

(c)

General requirements. A conditional use permit (CUP) shall be required of all planned unit developments. The city may approve the planned unit development only if it is found that the development satisfies all the following standards:

(1)

The proposed planned unit development is in conformance with the comprehensive plan. At a minimum, the city shall find that the planned unit development does not conflict with the comprehensive plan with regards to the following:

a.

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

b.

The use is reasonably related to the overall needs of the city and is compatible with the surrounding land use.

c.

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

d.

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

(2)

The planned unit development meets or exceeds the following development criteria:

a.

A minimum of two principal structures is proposed.

b.

The tract is at least two acres in size.

(3)

The use is consistent with the requirements of this chapter.

(4)

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

(5)

Each phase of the proposed development is of sufficient size, composition and arrangement so that its construction, marketing and operation are feasible as to complete the unit, and that provision for and construction of dwelling units and common open space are balanced and coordinated. In addition, the total development is designed in such a manner as to form a desirable and unified environment within its own boundaries.

(6)

Financing is available to the applicant on conditions and in an amount that is sufficient to ensure completion of the planned unit development. To evidence this finding, a written statement of financial feasibility that is accepted by the city shall be submitted by the applicant.

(7)

One individual has been designated by the property owner to be in control of the development.

(8)

It is reasonable to anticipate that the entire planned unit development will be fully platted in final form within five years of approving the preliminary development plan.

(d)

Density transfer.

(1)

In order to encourage the protection of natural resources, to allow limited development in an area with unusual building characteristics due to subsoil characteristics or to encourage creative land use, a density transfer system may be allowed whereby lot sizes smaller than normally required in a district will be allowed on the developable land in return for leaving the natural resource areas open from development. The number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density indicated in the comprehensive plan where the land is located.

If the planned unit development is in more than one density area, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development that is in a separate area, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.

(2)

The zoning administrator shall determine the number of dwelling units that may be constructed within the planned unit development by dividing the gross acreage of the project area that can be developed by the maximum allowable density as set forth by zoning district.

(e)

Coordination with subdivision ordinance.

(1)

It is the intent of this chapter that subdivision review under the subdivisions chapter be carried out simultaneously with the review of a planned unit development under this section.

(2)

The plans required under this section must be submitted in a form that will satisfy the requirements of the subdivision chapter for the preliminary and final plats required under the subdivision chapter.

(f)

Pre-application meeting. Prior to the submission of any plan to the planning commission, the applicant shall meet with the zoning administrator and, if necessary, with the planning and zoning commission to discuss the contemplated project relative to community development objectives for this area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a conditional use permit and a preliminary plat. The applicant may submit the simple sketch plat at this stage for informal review and discussion. The applicant is urged to avail himself of the advice and assistance of the planning staff to facilitate the review of the preliminary development plan and preliminary plat.

(g)

Preliminary development plan.

(1)

An applicant shall make an application for a conditional use permit following the procedural steps as set forth in section 109-36(d).

(2)

In order to grant approval to a conditional use permit as required by this section, or to grant approval to a preliminary development plan, the city council shall find that the planned unit development complies with the requirements as established in section 109-39(c).

(3)

Preliminary development plan documentation. The following exhibits shall be submitted by the developer as part of the application for a conditional use permit, as required by the zoning administrator and the planning commission:

a.

An explanation of the character and need for the planned development and the manner in which it has been planned to take advantage of the planned development regulations.

b.

A statement of proposed financing of the planned unit development.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

i.

An engineering report presenting results of a soil review of the site. If conditions warrant, soil borings of the site may also be required.

j.

Any additional information requested by the planning and zoning commission and city council that may be required for clarification of the proposed project.

(4)

Preliminary plat. The applicant shall also submit a preliminary plat and all the necessary documentation of all or that portion of the project to be platted as required under the subdivisions chapter. For purposes of administrative simplification, the public hearings required for the conditional use permit and preliminary plat may be combined into one hearing or may be held concurrently.

(h)

Final development plan.

(1)

Within 120 days of city council approval of the preliminary development plan and the preliminary plat, the applicant shall file with the zoning administrator a final development plan, and the final plat shall contain those changes as recommended by the planning and zoning commission and approved by the city council during the preliminary review process.

(2)

The zoning administrator shall submit the final development plan and the final plat to the planning and zoning commission for review.

(3)

The commission shall review the final development plan and the final plat and make its recommendation to the city council within 60 days of receiving the final development plan and the final plat.

(4)

The city council shall review the final development plan and act on the final plat within 60 days of receiving the recommendation of the planning commission. The city council shall give notice and provide opportunity to be heard on the final development plan to any person who has indicated to the city council in writing that he wishes to be notified.

(5)

If the final development plan is approved by the city council, the zoning administrator shall issue a conditional use permit for the total development to the applicant. Said permit to include any and all conditions as required by the preliminary development plan and the final development plan.

(6)

Once the final development plan and the final plat have been approved, the final plat shall be filed with the county recorder's office.

(7)

A building permit may thereafter be issued for the area that is in compliance with the approved plans without further review of the plans by the city.

(i)

Enforcing development schedule.

(1)

The construction and provision of all the common open spaces and public and recreational facilities that are shown on the final development plan must proceed at the same rate as the construction of dwelling units. At least once every six months following the approval of the final development, the zoning administrator shall review all the building permits issued for the planned development and examine the construction that has taken place on the site.

(2)

If he finds the rate of construction of dwelling units is faster than the rate at which common open space and public and recreational facilities have been constructed and provided, he shall forward this information to the city council, which may revoke the conditional use permit. If the developer or landowners fail to complete the open spaces and recreation areas within 60 days after the completion of the remainder of the project, the city may finish the open space area and assess the cost back to the developer or landowner.

(j)

Conveyance and maintenance of common open space.

(1)

All land shown on the final development plan as common open space must be conveyed under one of the following methods at the discretion of the city.

a.

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

b.

It may be conveyed to a corporation, developer, homeowners' association (incorporated or non-incorporated) or trustee provided in an indenture establishing association or similar organization for the maintenance of the planned development. The common open space must be conveyed to the party involved, subject to covenants approved by the city council, which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner that ensures its continuing use for its intended space.

(2)

If the common open space is conveyed to a private party and is not maintained properly to standards established by the city, the city shall have the authority to maintain the property and assess the costs incurred back to the land benefitted by the improvement.

(k)

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

(1)

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

(2)

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

(3)

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 that are permitted in the common open space must be appropriate to the uses that are authorized for the common open space and must conserve and enhance the amenities of the common open space, with high regard for its topography and unimproved condition.

(l)

PUD review and amendments.

(1)

Annual review. The zoning administrator and planning and zoning commission shall review all PUDs within the city by March 1 of each year and shall make a report to the city council on the status of the development in each of the PUD districts. If the commission finds that development has not occurred within the one year after the original approval of the conditional use of the PUD, the commission may recommend that the city council revoke the conditional use permit as set forth in section 109-36.

(2)

Revision to the PUD.

a.

Changes in the location, placement and heights of buildings or structures may be authorized by the zoning administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved.

b.

Approval of the planning and zoning commission and the city council shall be required for the other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the improved final development plan.

(3)

Amendments to the PUD. Any amendment to the PUD shall require the same procedures as for the application for a conditional use permit as set forth in section 109-36.

(Prior Code, § 5.6.04(h))

No building permit shall be issued for any construction, enlargement, alteration, demolition or moving of any building or structure on any lot or parcel until all requirements of these regulations have been fully met.

(Prior Code, § 5.6.07)