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HomeMy WebLinkAboutOrdinance 502.07 Conditional, Interim Use, Rezoning ORDINANCE 502 – ZONING ORDINANCE Section 502.07: CONDITIONAL USE PERMITS, INTERIM USES, AMENDMENTS AND REZONINGS Subd. 1: Conditional Use Permit. a) Purpose and Scope. The purpose of this Section is to provide the Planning Commission and City Council with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety. This is accomplished through a Conditional Use Permit, which may be granted by the City Council for uses designated within a district as permitted Conditional Use Permits when such uses are in harmony with both the zoning district in which it will be located and the objectives of the comprehensive plan. b) Procedure. Application for a Conditional Use Permit shall be made to the Zoning Administrator three (3) weeks prior to the next regularly scheduled Planning Commission meeting in order to be considered at that meeting, and shall be accompanied by the required fees as set by the City Council. 1. Information Required. The Zoning Administrator or Planning Commission may, at their option, require all or part of the following information prior to the public hearing on a Conditional Use Permit request: A. Description of site (legal description). B. Site plan drawn at scale showing parcel and building dimensions. C. Location of all buildings and their square footage. D. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks. E. Landscaping and screening plans. F. Drainage plan. G. Sanitary sewer and water plans with estimated use per day. H. Soil type. I. Any additional data reasonably required by the Zoning Administrator or Planning Commission. 502.07-1 ORDINANCE 502 – ZONING ORDINANCE 2. Completeness. The Zoning Administrator will determine whether the application is complete, if the application is not complete, the Zoning Administrator will notify the applicant of any deficiencies, and take no steps to process the application until the deficiencies are remedied. Once the Zoning Administrator determines that the application is complete, the application will be scheduled for consideration and for a public hearing. 3. Fees. Every application must be accompanied by the required filing fee as established and modified, from time to time, by the City Council. The failure to pay such fee when due is grounds for refusal to process the application, and for denying or revoking any permit or approval for the subject property. 4. Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the decision on the application by a City Official, commission or board. Such withdrawal must be in writing and the fee will not be refundable. 5. Planning Commission Review. The Zoning Administrator shall forward the request to the Planning Commission who will conduct a public hearing on the Conditional Use Permit request and make a recommendation to the City Council by adopting Findings of Fact. 6. Public Hearing and Notice Requirements. Written notices for the public hearing shall be mailed not less than ten (10) days or more than thirty (30) days to property owners within 350 feet of the affected parcel. Such notice shall also be published in the official newspaper within the above time period. Failure of a property owner to receive said notice shall not invalidate any such proceedings. 7. Voting By City Council. The City Council shall act upon the report and recommendation from the Planning Commission within the guidelines as mandated by State Law. Upon receiving the report and recommendation from the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary to protect the public health, safety and welfare of the community. Approval of a Conditional Use Permit shall require passage by a majority vote of the full City Council 8. Written Findings. The City Council will issue written findings stating the reasons for its decision and any conditions imposed, and serve a copy of its decision upon the applicant by mail within ten (10) days after its decision. 9. Recording. A certified copy of every Conditional Use Permit to abstract or registered property, including the property’s legal description, must be filed with the Stearns County Recorder or Registrar of Titles 502.07-2 ORDINANCE 502 – ZONING ORDINANCE c) Findings. The City Council must make the following findings when granting a Conditional Use Permit: 1. Will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan of the City and this Ordinance. 3. Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 4. Will not be hazardous or disturbing to existing of future neighboring uses. 5. Will be served adequately by essential public facilities and services, including utilities, streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, schools, and other necessary facilities. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. 9. Will have adequate facilities to provide sufficient off-street parking and loading space to serve the proposed use. 10. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. 11. That soil conditions are adequate to accommodate the proposed use. d) Denial for Non-Compliance. If the Planning Commission recommends denial of a Conditional Use Permit or the Council orders such denial, it shall include in its recommendations or determination findings as to the ways in which the proposed use does not comply with the findings required by this Ordinance. 502.07-3 ORDINANCE 502 – ZONING ORDINANCE e) Appeals. All decisions by the Council involving a Conditional Use Permit shall be final except that an aggrieved person or persons shall have the right to file an appeal within thirty (30) days of the decision with the Stearns County District Court. f) Conditions. In the granting of its approval, City Council may impose conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of this Ordinance. Violation of any such condition is a violation of this Ordinance. These conditions may include but are not limited to the following: 1. Controlling the location and number of access points thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe. 2. Requiring diking, berming, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. 3. Limiting the number, size, location or lighting of signs, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. 4. Designating sites for open space. 5. Increasing the required lot size or yard dimensions. 6. Limiting the height, size, number or location of buildings. 7. Designating operating hours and noise levels. 8. Any other condition the Planning Commission or City Council deems necessary to protect the public interest. g) Successive Applications. Whenever an application for a Conditional Use Permit has been considered and denied by the City Council, a similar application for a Conditional Use Permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial. The City Council may permit a new application; if in the opinion of the City Council, new evidence or a change of circumstances warrant reconsideration. h) Expiration. If within one (l) year after issuance of granting a Conditional Use permit the use permitted has not started, then the permit is null and void, unless the City Council has approved a petition for an extension. Conditional Use Permit Permits expire if the authorized use ceases for any reason for more than one (1) year. 502.07-4 ORDINANCE 502 – ZONING ORDINANCE Subd. 2. Interim Use Permit. a) Purpose. The purpose and intent of allowing interim uses is: 1. To allow a use for a limited period of time that reasonably utilizes the property in the manner not permitted in the applicable zoning district. 2. To allow a use that is presently acceptable but that, with anticipated development, may not be acceptable in the future. b) Application, Public Hearing, Notice and Procedure. The application, public notice and procedure requirements for Interim Use Permits shall be the same as those for Conditional Use Permits as provided in this Ordinance. c) Findings. The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permits only if it finds that such use at the proposed location: 1. Meets this Ordinance. 2. Conforms to the zoning regulations, performance standards and other requirements of this Ordinance. 3. Is allowed as an interim use in the applicable zoning district. 4. Will terminate upon a tangible date or event specified in the resolution approving said interim use permit. 5. Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future. 6. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. d) Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs: 1. The date specified in the permit; 2. A violation of the conditions under which the permit was issued; or 3. A change in the City’s zoning regulations which render the use nonconforming. 502.07-5 ORDINANCE 502 – ZONING ORDINANCE 4. The permit is not utilized for a period of one (1) year from the date issued. e) Successive Applications. Whenever an application for an interim use permit has been considered and denied by the City Council, a similar application for an interim use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial. f) Appeals. All decisions by the Council involving an interim use permit request shall be final except that an aggrieved person or persons shall have the right to file an appeal within thirty (30) days of the decision with the Stearns County District Court. g) Conditions. In granting approval of the interim use, the City Council may impose such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of this Ordinance. Subd. 3. Amendments and Rezoning of Parcels Depicted on the Official Zoning Map. a) General. This Ordinance, which includes the official zoning map, may be amended by following the procedure specified in this section. b) Initiation/Application. An amendment may be initiated by the following procedures: 1. Upon the initiative of the City Council or the Planning Commission, or 2. By petition of fifty percent (50%) or greater of the property owners affected by the proposed amendment and fifty percent (50%) of those property owners within three hundred fifty (350) feet of the proposed change. If a property owner initiates a rezoning request the owner shall provide a boundary survey and preliminary building and site development plans prior to consideration of the request. 3. If the proposed rezoning request is consistent with the proposed future land use identified in the City’s Comprehensive Plan, an owner may petition for the rezoning without signature of 50% of the affected property owners within 350 feet. If a property owner initiates a rezoning request the owner shall provide a boundary survey and preliminary building and site development plans prior to consideration of the request. 4. A petition, when filed with the Zoning Administrator, shall be accompanied by the fee established by the City Council in order to defray the expenses incurred by advertising, public hearing, etc. In order for the complete petition to be heard at the next regularly scheduled Planning Commission meeting, it must be received by the Zoning Administrator 502.07-6 ORDINANCE 502 – ZONING ORDINANCE three (3) weeks before that meeting. c) Action by Planning Commission. 1. An amendment not initiated by the Planning Commission shall be referred to the Commission for study and report, and may not be acted upon by the City Council prior to the recommendation of the Planning Commission. The Zoning Administrator will review the proposed amendment and provide the Planning Commission with a staff report. 2. The Planning Commission shall hold at least one (l) public hearing on any petition for an amendment or rezoning after notice of the time and place of such hearing has been published in accordance with State Law. The City will publish notice of the public hearing in the City’s official newspaper at least ten (10) days before the public hearing and not more than thirty (30) days. The City will also mail notice of the public hearing to individual property owners within three hundred fifty (350) feet of the parcel included in the request at least ten (10) days before the public hearing and not more than thirty (30) days. 3. The City Council shall not rezone any land or area in any zoning district without having first referred it to the Planning Commission for recommendation. Any other proposed amendment to this Ordinance shall be referred to the Planning Commission. d) Action by City Council. The City Council shall hold public hearings as it deems advisable. The City Council shall review the Planning Commission’s recommendation and any other additional testimony and material and shall adopt or deny the proposed rezoning or amendment or any part of it as the City Council deems advisable. e) Successive Applications. No application of a property owner for an amendment or rezoning will be considered within the one (1) year period following a denial of such request. The City Council may permit a new application, if in the opinion of the City Council, new evidence or a change or circumstances warrant it. f) Appeal. A petitioner may appeal the City Council’s decision within 30 days of the decision to the Stearns County District Court as provided by law. g) Recording. The City will record all Ordinances amending the Zoning Ordinance or rezoning any property. The Zoning Administrator will revise the City’s Official Zoning Map when property within the City is rezoned. 502.07-7