A conditional use is development which would not generally be appropriate within a district but might be allowed in certain locations within the district if specific requirements are met. The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions before development or occupancy is permitted. The intent is to allow a reasonable degree of discretion in determining the suitability of a particular development at a specific location.

('69 Code, § 7-26.01)

   The City Council is empowered to grant a special development permit for a conditional land use in all cases if the below requirements are met. The Planning Commission shall have advisory power to the Council and the Council shall act on the conditional use request as if it were an ordinance change (see § 155.223). Other uses which require a permit are identified on the table, SCHEDULE OF USE REGULATIONS. (See Appendix E following this chapter.)

   (A)   Procedure. The requests for permit for a conditional use shall be filed with the Administrator on an official application form and shall be accompanied by the required fee and detailed written and graphic materials fully explaining the proposed development (see § 155.162(A)). A hearing shall be conducted by the Commission as provided in § 155.164. Before acting on the request, the City Council shall receive a report and recommendation from the Planning Commission. The Council shall make the final decision upon each proposal to grant a permit.

   (B)   Conditions. The Commission shall consider possible adverse effects of the proposed conditioned use and what additional requirements may be necessary to reduce such adverse effects, (see § 155.167(B)). The Commission may recommend that the permit be denied. The Council may then accept, reject, or modify the Commission's recommendation.

   (C)   Issuance and safeguards. The permit for a conditional use shall amend the development permit and shall be attached thereto. In granting any conditional use the Council may prescribe appropriate conditions and safeguards in conformity with this title. The Commission may request that the city be provided with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to issuance of the conditional use permit. Said security shall be used to guarantee compliance with the conditions of the permit and shall be returned to the developer when an occupancy permit is issued.

   (D)   Certain existing uses. All existing commercial uses may be allowed as a conditional use in any commercial or industrial district. An existing industrial use may be allowed as a conditional use in the B-3 District and any industrial district when the applicant can demonstrate to the satisfaction of the Commission that the use will be harmonious with other uses subject to this section.

('69 Code, § 7-26.02) (Am. Ord. 1102, passed 12-12-16; Am. Ord. 1125, passed 11-13-18)

   The Board of Zoning Appeals is empowered to grant a special development permit for a conditional use in accord with the provisions of the Flood Hazard District and provisions of this section.

   (A)   Factors upon which the recommendation of the Board shall be based. In passing upon conditional use applications, the Board shall consider all relevant factors specified in other sections of this title;

      (1)   The danger to life and property due to increased flood heights or velocities caused by encroachments.

      (2)   The danger that materials may be swept onto other lands or downstream to the injury of others.

      (3)   The proposed water supply and sanitation system and the ability of these systems to prevent disease, contamination and unsanitary conditions.

      (4)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

      (5)   The importance of the services provided by the proposed facility to the community.

      (6)   The requirements of the facility for a waterfront location.

      (7)   The availability of alternative locations not subject to flooding for the proposed use.

      (8)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

      (9)   The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

      (10) The safety of access to the property in times of flood for ordinary and emergency vehicles.

      (11) The expected heights, velocity, duration rate of rise and sediment transport of the flood waters expected at the site.

      (12) Such other factors which are relevant to the purposes of this title.

   (B)   Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purposes of this title, the Board may attach such conditions to the granting of conditional use permits or variances as it deems necessary to further the purposes of this title. Among such conditions without limitation because of specific enumeration may be included:

      (1)   Modification of waste disposal and water supply facilities.

      (2)   Limitations on period of use and operation.

      (3)   Imposition of operational controls, sureties, and deed restrictions.

      (4)   Requirements for construction of channel modifications, dikes, levees and other protective measures.

      (5)   Flood proofing measures, in accordance with the State Building Code. The Board shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

      (6)   Inspection requirements stated in § 155.168 of this chapter.

      (7)   The unsafe buildings provisions of § 150.02.

      (8)   The Uniform Housing Code as adopted by reference in § 150.04.

('69 Code, § 7-26.03)

   (A)   Intent. The Council may permit development in specially planned areas only in accordance with a precise plan. The planned unit development (PUD) provisions are intended to encourage more efficient use of land and public services and greater amenity by allowing under certain circumstances, a more flexible means of land development and redevelopment than is otherwise permissible under the lot-by-lot restrictions of each use district. The uniqueness of a planned unit development may necessitate Council action modifying or waiving certain provisions of the zoning code and subdivision regulations. However, any Planned Unit Development District must be found to agree with the intent of the Comprehensive Guide Plan. Planned unit development is conceived for use primarily in two basic situations.

      (1)   Vacant land. Areas of substantial open land where strict preregulation may limit good urban planning, may restrict the full achievement of the Comprehensive Guide Plan or may not meet those changes in technology and demand that would be consistent with the best interests of the entire city; and in

      (2)   Built-up and aged areas. Areas of the city needing rehabilitation and redevelopment, including areas which may be deficient in public facilities and services, where it is believed that private investment should be encouraged to contribute to that redevelopment; and in recognition that such necessary redevelopment cannot be expected to take place in strict accordance with those uniform regulations appropriate to more viable and established areas of the city.

   (B)   Application.

      (1)   Ownership. A tract of land to be developed as a planned unit development shall be under the control of:

         (a)   A single owner; or

         (b)   A group of land owners, acting through a corporation, where each owner agrees in advance to be bound by the conditions and regulations which will be effective within the district and to record such covenants, easements, and other provisions with the County Registrar of Deeds.

      (2)   Designation. All planned unit development districts shall be so designated and numbered in sequence.

      (3)   Size. In open land areas, no planned unit development district shall be less than three acres. In built-up areas (areas that are occupied by buildings or areas that are vacant or undeveloped but are surrounded to a major extent by lands occupied by buildings) no planned unit development district shall be less than 32,000 square feet.

      (4)   Permitted uses. A planned unit development may include a mixture of residential, commercial, industrial, and institutional uses, or any combination thereof, the extent of each use being determined by the type of PUD district proposed and as hereinafter provided. Uses other than the principle type of use by area permitted in the existing zone district or districts in which the land proposed for such unit is located shall not occupy more than 33% of the land area in the proposed PUD district, shall not result in undue adverse effect on surrounding areas, and shall be consistent with the intent of this chapter and the concept of the proposed PUD district.

      (5)   Objectives. The following objectives are sought.

         (a)   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements;

         (b)   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services;

         (c)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns;

         (d)   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;

         (e)   A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive guide plan.

         (f)   Nonresidential developments planned as groups, developed in park like surroundings with common ingress points and common parking, screened loading, storage and parking areas, with areas for expansion and buffer areas to adjacent lands which are fully landscaped.

   (C)   Procedures.

      (1)   Concept statement. The applicant shall submit a written statement and sketch to the Administrator for preliminary approval in principal by the Commission and the Council by resolution prior to the submission of a PUD district rezoning application. The concept statement shall identify the boundaries and be in sufficient detail to identify specific land uses, population densities and building intensity; to suggest a compatible relationship with surrounding uses, proposed circulation patterns (pedestrian and vehicular), proposed parks, school sites and other open space: and the tentative development schedule. The tentative written consent of all property owners within the proposed PUD district shall be on file with the Administrator before the staff shall commence review. Approval of the concept statement in writing by the city shall be limited to the general acceptability of the land uses proposed and their inter-relationships and shall not be construed to endorse the precise location of uses, arrangement of structures or site improvements or the economic or engineering feasibility of the proposal. The final acceptance of land uses is subject to the following procedures.

      (2)   Preliminary plan, initiation and fee. After receiving approval of the concept statement, the applicant shall submit to the Administrator an application for a zoning amendment. The application shall be accompanied by a plan showing the location and dimensions of the area, and information relating to topography, access, surrounding land uses and if requested by the Administrator, the applicant shall provide documents showing ownership. In the case of projects to be executed in increments, a schedule showing the time within which application for approval of the various parts are intended to be filed shall be attached. The application shall be accompanied by the required fee.

         (a)   Preparation of plans. The applicant is encouraged to have the required documents and supporting evidence prepared and endorsed by a qualified professional team consisting of a planner, qualified as a planner-in-charge by the Minnesota Planning Agency, or a registered landscape architect, a registered architect and if the planned unit development requires the subdivision of land and the installation of public site improvements, a registered land surveyor and registered civil engineer.

         (b)   Preliminary plat. The application and plan shall be accompanied by a preliminary plan of any subdivision or addition included in the planned unit development. He shall submit three copies of any such plat to the Administrator. The preliminary plat shall contain the information and data, as follows: The plat shall be drawn to scale and show:

            1.   The official description of the property to be platted.

            2.   Contour intervals of not more than two feet, and profile of street grades.

            3.   The location of such surface features as property lines, buildings, railroads, utilities, water courses, and similar items affecting the development.

            4.   The location and size of such subsurface features as proposed and existing or nearest available sanitary and storm sewers, water mains, culverts, drain pipes or ditches, road surfacing and similar items.

            5.   A vicinity sketch or key map at a scale of not more than 200 feet to the inch, showing all existing subdivisions, streets, and tract lines of acreage parcels, together with parcels of land within 300 feet of the outer boundaries of the proposed subdivision. It shall also show how streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or undeveloped property to produce the most advantageous development of the entire neighboring area.

            6.   The title under which the proposed subdivision is to be recorded, with the name of the owner and the subdivider; the north point, scale, date, and name of landscape architect, surveyor or engineer. The scale shall be 100' to the inch.

            7.   Any sites proposed for schools, parks, playgrounds; provisions for major thoroughfares, etc., so that the time and manner of their dedication to the city or school district may be considered or determined.

            8.   The zoning district in which the proposed subdivision is to be placed.

            9.   Streets and thoroughfares, related to those adjacent.

      (3)   Preliminary plan and preliminary plat; Administrator. Upon receipt of the application, plan and plat, the Administrator shall refer it to other departments and agencies for review as to compliance with pertinent city standards and regulations. Within 25 days the Administrator shall recommend to the Commission approval of the proposal in the form submitted, or approval with modifications or disapproval of the proposal. The recommendation of the Administrator shall include findings of fact and shall set forth the reasons for the recommendation specifying with particularity in what respect the plan would or would not be in the public interest, including but not limited to the following:

         (a)   The extent to which the plan or plat departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest;

         (b)   The manner in which the plan or plat does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment;

         (c)   The nature and extent of open space, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities proposed in the plan;

         (d)   The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established;

         (e)   In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan;

         (f)   In built-up areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area;

         (g)   Conformity with all applicable provisions of this section and the comprehensive guide plan.

      (4)   Preliminary plan, Commission. Within 30 days after the filing of the application and after receiving the Administrator's report, the Commission shall hold a public hearing on the application, (See § 155.164), ten days notice of which shall be published in the local newspaper. Within 30 days after such hearing, the Commission shall submit its recommendations to the Council. The Commission may recommend tentative approval in whole or in part, with or without modification, or recommend disapproval.

      (5)   Preliminary plan, Council. The Council shall either grant tentative approval of the application, with or without modification, or deny such application. The approval of the preliminary plan and, or, plat does not constitute planned unit development, but is merely an authorization to proceed with preparation of the final plan and, or, final plat or plats.

      (6)   Final plan. Upon tentative approval of the preliminary plan the applicant shall submit a final plan with required modifications to the Administrator within the time specified by the Council but in any case not more than six months from the date of tentative approval. If the final plan is not submitted within the allowed time, the tentative approval shall automatically become void and the applicant must pay the fee and start the proceedings again.

      (7)   Final plat. Upon tentative approval of the preliminary plan and preliminary plat or plats, the applicant shall submit a final plat of any subdivision or addition included in the planned unit development. He shall submit three copies of any such final plat to the Administrator within the time specified by the Council, but in any case, not more than six months from the date of tentative approval. If the final plat or plats are not submitted within the allowed time, the tentative approval shall automatically become void and the applicant must pay the fee and start the proceedings again.

         (a)   The applicant shall also submit four copies of a utility map, properly locating water mains, telephone and electrical cables and lines. The utility map shall be properly signed by the Manager of Utilities, Manager of Gas Company, Manager of Telephone Company and City Engineer, or their properly authorized agents.

         (b)   This final plat or plats is also subject to the provisions found in § 154.24(B) of the subdivision regulations.

      (8)   Final approval. If the Administrator finds the final plan and plat to be in substantial agreement with the actions of the Council he shall submit the documents directly to the Council for final action; if not, he shall identify such discrepancies in a letter of transmittal to the Council. The Council shall consider the final plan and plat at a public hearing. If approved by the Council, the area of land involved shall be redesignated as a Planned Unit Development District by ordinance and such ordinance shall incorporate the plan, including any conditions or restrictions that may be imposed by the Council. Such approval and the date thereof shall be noted on any final plat or plats and utility maps submitted, over the signature of the Council. The Council may condition its approval of the Planned Unit Development District upon the conditions stated in § 155.167(A) and (B).

   (D)   Effect of approval. The final plan as approved together with the conditions and restrictions imposed, shall constitute the zoning and subdivision control for the district; provided that general zoning regulations which were applicable to the land involved prior to approval of the plan and which are not inconsistent with the plan shall continue to be applicable.

   (E)   Building permit restricted. No building permit shall be issued for any structure within the district unless and until the Administrator certifies that it conforms to the provisions of the plan and other applicable zoning requirements including the issuance of a development permit.

('69 Code, § 7-26.04)

   (A)   Conformance required. When the Administrator finds the primary purpose of the PUD is to provide for a multiple occupancy retail sales and/or service facility or provide for a multiple building industrial or institutional group, the 33% limitation of § 155.188(B)(4) shall not apply. However, the development shall be found to agree with the intent of the Comprehensive Guide Plan.

   (B)   Required information. Such development shall be accompanied by information concerning ownership of lands involved, proposals for financing and such other material as may be necessary to demonstrate that the proposal is a bona fide move for actual development and not merely to secure special advantage.

   (C)   Required plans. The developer shall provide the city with a full set of dimensional plans locating buildings, parking areas, loading areas, landscaping provisions, auto and pedestrian ingress and circulation, exterior lighting, traffic signals, fencing, drainage, utilities and signs (see § 155.188(C)(2)). A perspective rendering may be required.

   (D)   Edge requirement. Indication of the site planning relationships at edges of the PUD must show how mutual protection of the PUD and its surroundings is to be made. Matters to be covered include access point, yards, screening and buffering, height limitations and nuisance avoidance.

   (E)   Completion time. The proposal shall indicate that development of a major portion of the PUD shall be completed within the first building season. If the indicated first stage is not completed by the second building season, the Administrator may cancel all permits and require demolition of buildings or work partially completed.

   (F)   Estimated administrative costs escrowed. The developer shall establish an escrow account with the city to defray administrative costs. The costs of the planner, City Engineer and Attorney relating to the administration of this section shall be paid from this escrow account before the development permit is issued. The administrative costs shall be estimated by the administration and shall be in addition to the fee required under § 155.224. Any excess remaining in the account on issuance of a occupancy permit shall be returned to the developer.

   (G)   Required reports. Before the Commission shall make its recommendation to the Council, the following activities shall be required:

      (1)   The Administrator shall review and submit a written report on the proposed development as shown on their rendering and plans,

      (2)   The City Engineer shall review the development in respect to drainage and traffic and he shall submit a written report.

      (3)   The City Attorney shall find that the proposed development complies with the city code.

      (4)   The Fire Department shall review the proposed development and report if fire protection would require amendments to the plans.

   (H)   Performance bond. A performance bond may be required by the city.

('69 Code, § 7-26.05)

      (1)   Conforms to all other applicable zoning regulations and meets the standards of a conditional use permit set forth in other sections of this subchapter.

      (2)   Will terminate upon a date or event that can be identified with certainty.

      (3)   Will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

      (4)   The owner agrees to any conditions that the City Council has deemed appropriate for permission of the use, including, but not limited to a condition that the owner will provide a financial surety, in an amount determined by the City Council, to cover the cost of removing the interim use and any interim structures upon expiration of the interim use permit.

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

      (2)   A violation of conditions under which the permit was issued, or

      (3)   A change in the city's zoning regulations which renders the use nonconforming,

      (4)   The use has been discontinued for a minimum of six months.

(Ord. 824, passed 7-8-96; Am. Ord. 1044, passed 7-11-11)