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ITEM 1I �r EE M1 3601 Thurston Avenue N,, Suite 100 Anoka, MN 55303 Phone: 763.23 .6840 Facsimile: 763. 7. 520 TPC@PlanningCo.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 1November 2013 RE: Otsego — Zoning Ordinance; Administrative Provisions TPC FILE: 101.01 BACKGROUND The City has initiated an update of the Zoning Ordinance and Subdivision Ordinance following adoption of the 2012 Comprehensive Plan. This memorandum forwards Sections 1 and 3 to 15 of the Zoning Ordinance for Planning Commission review and discussion. These chapters generally comprise the administrative provisions of the Zoning Ordinance as to the processing and criteria for various land use applications established by the Zoning Ordinance. We have provided the complete section so that the changes can be reviewed in context and also to allow for additional discussion by the Planning Commission as to hoer certain applications are processed and evaluated. Exhibits: A. Draft Zoning Ordinance Sections `fi, 3-1 ANALYSIS The Zoning Ordinance establishes in Section I that uses existing upon adoption of the Zoning Ordinance that are thus classified as conditional uses are considered to have approved conditional use permits and can continue in a life manner. The intent of this provision is to avoid creating non -conforming uses when a permitted use is changed to a conditional use. The sane concept would apply to interim uses, which must also be referenced. The procedures for zoning applications are subject to the timelines established by Minnesota Statutes 15.99 commonly known as the 60 day rule. The procedures outlined in the Zoning Ordinance for amendments, conditional use permits, interim use permits, administrative permits, variances and site and building plan review make reference to this statute. Language applicable to the process for public hearings has been standardized for amendments, conditional use permits, interim use permits and variances. Note that Minnesota Statutes 462.357 requires railed notice for properties within 350 feet of a property raking application for one of these approvals. The City has established a greater 500 foot notification distance for rural properties based n platted and unplatted status. The language in the draft {Zoning Ordinance amendment is clarified to reference the urban and rural service area designations established by the Comprehensive Plan for greater clarity. However, the Planning Commission is asked to consider if the two separate notice requirements should be maintained or if a single standard should be adopted for consistency. Provisions requiring an applicant to certify that the property taxes and special assessments applicable to a property are paid prior to the City giving any approval are proposed to be added throughout the administrative sections. X Conditional Use Permits: Additional criteria are provided as to when an amendment of an existing CUP may be approved administratively r require Planning Commission review and Cit} Council approval. Provisions making the CUP an agreement with the property owner and allowing the City to initiate revocation of a CLAP are added as an additional enforcement mechanism. The interim use permit administration section is expanded to mirror the requirements of the CUP section. The variance section is reprised to simplify the procedural requirements. Additional provisions are also added to this section this section making the approvals an agreement with the City for enforcement purposes. No changes to the procedures for appeal of administrative decisions are proposed in Section 7. The administrative permft provisions in chapter 8 are expanded to include more detailed procedures, added language regarding enforcement of the administrative permit and address non -permit approvals where identified by the Zoning Ordinance. ® The site and building plan review provisions in Chapter g are expanded t include more detailed procedures, added language regarding enforcement of the approval. A detailed listing of information required to be submitted with applications (cross referenced from other sections) is also included, which is based on the application checklist the city utilized but has not been detailed in ordinance form. The city has also required performance agreements for commercial and industrial developments and this requirement is proposed to b added to the Zoning ordinance as well. Chapter 10 establishes provisions for a certificate of Zoning compliance to be issued prior to occupancy or any change of occupancy for buildings with the City. This process has not been followed and the language is proposed to be deleted. Chapter 11 addressing administration and enforcement of the Zoning Ordinance is proposed to add a provision referencing administrative and civil means of enforcement. Chapter 15 of the Zoning Ordinance regulates non --conforming lots and uses within the city. The provisions are proposed to be reprised to reflect current statutory requirements regarding the termination of rights to a legal non- conforming use and provide more specific definition as to the allowed maintenance of a non -conforming use or building. a Note that Chapters 12, 13, and 14 are currently reserved for future use. CONCLUSION The Planning Commission will review the proposed Zoning ordinance amendments for Sections 3 to 15 at a work session on 18 November 2013. C. Lori Johnson, City Administrator Ta m i Loff$ City Clerk Andy MacArthur, city Attorney 3 SECTION I TITLE AND APPLICATION Section 20-1-1: Short Title 20-1-2: Chapter Purpose 20--1-3: Relation to Comprehensive Municipal Plan 2-1--: Standard Requirements 20-1-: lyses Not Provided within Zoning Districts 20-1-6: Conditional Uses 20-1-7: Separability 20-1-8: S hdl s of Fees, Charges and Expenses 20-1-9: Authority 20-1-1: SHO T TITLE: This Chapter shall be known and may be cited as the Zoning Ordinance of the city of Otsego. 20-1-2: CHAPTER PURPOSE. This is a regulation for the purpose of promoting and protecting the public health, safety and general weifare, by regulating the location, size of buildings and other structures; the percentage of lot which may e occupied; the size of yards and other open spaces; the density and distribution of population; the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes; and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, flood control and other purposes and establishing standards and procedures regulating such uses. 20-1-3: RELATION TO COMPREHENSIVE E MUNICIPAL PLAN: It is the policy of the City. of Otsego that the enforcement, amendment, and administration of this Chapter be accomplished with due consideration of the recommendations contained in the city Comprehensive Plan as developed and amended from time to time y the Planning Commission and City Council of the City. The City Council recognizes the City Comprehensive Plan as the policy for guiding land use and development in accordance with the policies and purpose herein set forth. 20-1-4: STANDARD E UI EMENTS: A. More Restrictive Provisions to Govern: Where the conditions imposed by any provisions of this Chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, code, statute, resolution or regulation, the regulations which are more restrictive or imposed higher standards or requirements shall prevail. B. Minimum Requirements- The standards set forth In this Chapter are minimum um requirements. The City may impose additional or more stringent zoning requirements as deemed appropriate to promote and protect the public health, safety and general welfare of the community. C. Conformity with this Chapter; No building or structure shall he erected, converted, enlarged, constructed, reconstructed, moved or altered, and no building, structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this Chapter and without a building permit being issued when required by the City Code. D. Building Occupancy: Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this Chapter. E. [Non -reduction of Yards or Lots: No yard or lot existing at the time of passage of this Chapter shall he reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter. F. Regulation Application: In their application, these regulations shall not abrogate any easement, covenant, or any other private agreement where such is legally enforceable, provided, that inhere the regulations of this Chapter are more restrictive, or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Chapter shall be controlling. 20-1-5: ,.USES NOT PROVIDED WITHIN ZONING DISTRICTS: Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases, the City Council or the Planning Commission, on their own initiative or upon application by a property owner, may conduct a study to determine if the use is acceptable and if so what zoning district would e most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Manning Commission, or property owner, upon receipt of the staff study shall, if appropriate, initiate an amendment to this Chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the City. 20-1--6: CONDITIONAL USES: Any established use or building legally existing prior to the establishment of this Chapter and which is now classified as a conditional use may be continued in lie fashion and activity and shall automatically be -2 considered as having received conditional use permit approval. Any change to such a use, or any other subsequently approved conditional use, shall, however, require a neer conditional use permit be processed according to this Chapter. 20-1-7: SEPARABILITY: It is hereby declared to be the intention of the City that the several provisions of this Chapter are separable in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. 20-1-8: SCHED LES of ADMINISTRATIVE FEES, CHARGES AND EXPENSES: A. Fees and charges, as well as expenses incurred by the City for engineering, planning, attorney, and other services related to the processing of applications shall be established by resolution of the Council and collected by the Zoning Administrator for deposit in the City's accounts. Fees shall be established for building permits, conditional use permits, zoning amendments, variances, planned unit developments, appeals, issuance of a certificate of occupancy, building relocations, hone occupations, day care nursery facilities, land filling operations, land excavation/grading, essential services, grind enemy systems, communication devices, review of site/building plans, parking plans, loading plans, and such other land use related procedures as the Council may from time to time establish. The Council may also establish charges for public hearings, special meetings, or other such Council or Planning Commission actions as are necessary to process applications. E. Such fees, charges and estimated expenses as well as a deposit, if so required y the Zoning Administrator shall be collected prior to City action on any application. All such applications shall be accompanied by a written statement between the City and the applicant/landowner when the applicant is not the sane person or entity as the landowner, both the landowner and the applicant must sign the agreement whereby the applicant landowner agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided above, and which allows the City to assess the above fees, charges and expenses against the landowner if such monies are not paid within thirty(30) days after a bill is sent to the applicant/landowner. 12 C. These fees shall be in addition to building permit fees, inspection fees, trunk storm water facility costs, subdivision fees, charges, expenses and other such 1-3 fees, charges and expenses currently required by the City or which may be established in the future. 20-1-9: AUT[ ITY: This Chapter is enacted pursuant to the authority granted by the Municipal ipal Planning act, Minnesota Statutes, Section 462.351 to 462,363. 1-4 SECTION 3 ADMINISTRATION -AMENDMENTS (TEXT AND MAP) Section 20-3-1: Amendments to Zoning Ordinance 20-3-2: Procedure 20-3-3: ren net — Initiation 20-3-4: Certification of Taxes Paid 20-3-1: AMENDMENTS To ZONING ORDINANCE: The regulations, restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or repealed -f ` h gaT fp m err#'r fnr-_-r-tr_lh1i� ri _Fr, rpIpti f hero n- -._... f � t IWF %.FAf 1496# f Ir # r r r+e#izerr ;Pil hye-a _r- n �r FII IRoILIhI in h 19�rr*�I■ ....c�r�__ '"�_ _r' V A Inj t ea nnf 'nim of f �sz Pnd oLintz ref !Qi rr�I� a rinri- h rl ir-r -- P nP1ArQr) r� Qr ()f s s s + t + + nonomi n hPil ■ . 5..!. a ■ ■ s of the t x ! rrr rr+..11l[ t-Yrca nnnitIL. 20-3-2: 2: PROCEDURE; 619A. Requests forreze ars amendament to the Zoning Ordinance (text or reap) shall be filed with the City on an official application form form= r -d jxocessed in accordance with this Section and Minnesota Statutes 15.99. 1 # ,.,,.,c -An application shall be accompaniedby a fee as provided for by r-ifll r- n' r r,a l�_j�Se tion 2- -2 of the _City--Qo e. 2. Such application shall alio accompanied ��}fes r 1�r-r1 , 1%.r .5). r� �#�h7r` ' re- it a can la (nnt fcaQQ t .'[..'�_��._... .._1 ��1�� � detailed written and graphic materials fully explaining the proposed change, development, or use including the information required_-bV Section 20-9y_6. of this �h l tert If $ in sr i .. ,f......fha rnr inn A,-,fi#-a &n0str �r ""� � f cn Ia #ari fct cthprr n� ii � 1hp Qnlin ef a # r rr r fT It I ri� #h m;ninrrn aGe ensu �i#' IQ rw � # chil ha n[ ngzr l . n._..# c %SSWaand n n f_ � ■ r", r 'r r r ...._ r- g 9 t'�nil i r-+ m ee%f t El Inn. r+r r rr*i r-, r f ftO 1Z n....... I �rnr iM 0 Ci nV, IP la, fm m #ham I1 rr�i iar+ .- I 1 3. The request shall be considered as being officially submitted when the Zoning Administrator etermine that all the information requirements ents acre complied with. 3-1 . The City Council, the Planning Commission, and the City staff shall have the authoritv..--to reouest additional information from the _applicant or to retain expert to timon at the exDense of the applicant, said information is to be declared necessary to establish erf rmanoe conditions in relation to all pertinent sections of this Cha ter, 5. Failure on the art of thea lioant to su 1 all neesar s ortie information may be arounds for denial of the re uest# B. Proof of Ownership or Authorization: The applicant shall supply proof of title of the property for which the rezoning is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest and as applicable le supply documented authorization from the owners of the property in question to proceed with the requested rezoning. C. Upon receipt of said application, the City Clerk -shall set a public hearing to be conducted by the Planning Commission follo inq proper hearing notification as Pk4ni t___,� 'rTI rr-rr rrt_rapplicable. r�fl t _1 - Notice of said hearing shall consist of a legal property description and description of request, and be published in the official newspaper at least ten days prior to the hearing. 2. Written notification of said hearing shall be mailed to surrounding area property owners at least ten days prior to the hearing. Requests affecting and located within ,nranc W the Urban Service Area designated rn the Comprehensive Pian shall be noticed to all property owners within three hundred fifty (350) feet of the property in question. bequests affecting and located within n , 'I a f cd nropcWnft4e A L �Fural Service Area designated by the Comprehensive Plan shall be noticed to all property owners within fire hundred {500} feet of the property in question. 3. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding. D4. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Section provided a bona fide attempt has been made to comply with the notice requirements of this Section. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the Planning Commission and -City Council. 3-2 E. The applicant or a designated representative thereof shall appear before the Planning Commission and City Council in order to _answer _ uestions concerning the proposed request. F# The Planning Commission and City Council shall consider possible adverse effects of the proposed amendment. Their judgment shall be based upon (but not limited to) the following factors: 1. The proposed auction's consistency with the specific policies and provisions of the Otsego Comprehensive Plain. Z The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. . Traffic generation of the proposed use in relation to capabilities of streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. � M YNAh 7 • s w w w w w r w •r s t w 111 w # w w r AL 11111110! a is -Ame'RI i w iiijl @"A AM meW AL w INA # A + i • � #w i w wiw k # f Aw + is r f i A. 91F 4F 1434FAwAIIIIIII14111MILW21011 JLLwxwjl 14 Moo' iA 11101, # : w w AkW-L"M T .' Y f 9Fa F1 f MAIN M11 w s w ww wMts w w rt w w + # i i< #111111 11111# * * wt w► J4 1 i i i f II -AIM F9LX.%JII-AI WIM hI YJ JFWAi I IN# # i * + a M* # iM -# w w w r w w w w s w w w s Aft AL w � 1Gs The Planning Commission shall rerOMmend ef the mcluesst make a finding -of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the Chapter. Fi. The City Council shall not acct upon an amendment until they have received a report and recommendation from the Planning Commission or until sixty(60) days after the first regular Planning Commission meeting at which the request was considered. -K]. Upon completion of the report and recommendation the Planning Commission, the request shall be placed on the agenda of the City Council* Such reports and 3-3 recommendations sh ll be entered in and made part of the permanent rritt n record of the City Council r ting. LJ. Upon receiving the report and recommendation of the Planning Commission and the City staff , the City Council shall have the option to sot and hold a public hearing if deemed necessary, 4K. If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before tarring final action, refer the ratter back to the Planning Commission for further consideration. ` � Cni innil Qh ll rr-���irkofh�pnnimr-f CnMrr i nM1 h _ WTI r � � � r+tfir+ reasoW11 1W 9 ns fnr......roferrn,r �' i�� i -PHI'm bpEir f ,11rPWA,%riow 0 rn111one f — - - r - ,n a sir al 11ar anti r 41 NL.. Approval of a proposed amendment shall require a majority vote of the City Council. Approval of a proposed Zoning Map amendment which changes all or part of the existing classification of ar zoning district from agriculture or residential to business, industrial, or planned unit development that allows for commercial or industrial uses shall require ar four -fifth's 5's vote of the City Council. M. The Zoning Administrator shawl provide the applicant and.p.rope.fty owner with written notice of the Pit Council's findino of fact and decision regardina the application. N. The amendment shall not become effective until such time ars the City Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. The City r at the app.11ar#is_ expense, shall. record the ordinance with the appropriate Wright County office* No buildin permits for the nropeay in question will be granted until recording of the action has been completed. r Whenever an application for an amendment has been considered and denied by the Cit} Council, a similar application and proposal for an amendment affecting the sane property or Ordinance ' change shall not be considered again by the Planning Commission ission or City Council for at learnt one year from the date of its denial except as follows: 1 r Applications are withdrawn prior to the City Council taking action on the matter. 2. if the City Council determines that the circumstances surrounding previous application have changed significantly. 3. if the Cit} Council decides to reconsider such ,natter by ar four -fifth's 5's vote of the entire City Council. 3-4 20.3-3: AMENDMENTS - INITIATION: The City Council or Planning Commission may, y, upon their own motion, initiate a request to amend the tet or the district boundaries of this Chapter. The procedural requirements of Sections 20-3.2. and 20-3-2,B of this Section shall not apply to such proposed amendments except to the extent required by State Statute; Any person owning real estate or having documented interest therein, within the City may y Initiate a request to amend the district and reap boundaries or text of this Chapter, so as to affect the said real estate. 20-3-4. CERTIFICATION of TAXES PAID: Prier to auDroving an application for an amendment, ent, the applicant shall provide certification to the City that there are no delin cent r ert taxes ectal assessments, interest or City utllit fees due upon the parcel of land to which the awli ation relates. 3-5 SECTION ADMINISTRATION - CONDITIONAL USE PERMITS Section 20-4-1: Purpose 20-4-2: Procedure 2-4-3: �reennent � y a ■ i 20-4--5 ■ Amended Conditional Use Permits 20-4-65: Expiration of Conditional Use Permits 2-4-6: Revocation of Conditional Use Permits 20-4-7: Performance Security 2-4~0 Certification of Taxes 'aid 20-4-89: Initiation 20-4-1: PURPOSE: The purpose of a conditional use permit is to provide the City of Otsego with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. 20-4.2:PROCEDURE: A. Request ues for a conditional use permit r �i;clo fir 1A1d f,.its h�,-�, z S shall be filed with the City on an official application form and processed in accordance with this Section and Minnesota Statutes 15.99. 1 �# application shall be accompanied by a fee as provided for by ni In it Res�flonSe tion 2-4-2 of theC bode. 2. Such application shall also be accompanied bar IIV%0 k � ;�; � J ,4 nrl f h ireducedrfoo (nntthnn"r%r%plc I %.A i[ed written and graphic materials fuller explaining the proposed change, development, or usen lu it the information required by Section 20-9-6 dlin of this ChaA€t ri If ■ i i 3• aY A+* ■aa � � 1■ 4- 3 The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information ation requirements are complied with. . The City Council the Planning -Commission, and the City staff shall have the authority to request additional information from the applicant ._ r to retain expert testimonv at the expense of the applicant* said information is to be declared neessary to establish performance conditions in relation to II pertinent sections.. of this Chapter. 5. Failure on the art of the anplicant to supall neessa su ortive information may be grounds for denial of the re nest, B. Proof of Ownership or Authorization: The applicant shall supply proof of title and the legal description of the property for which the conditional use permit is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest and as applicable supply documented authorization from the owner(s) of the property In question to proceed with the requested conditional use permit. C. Upon receipt of said application, the City Clerk shall set a public hearing to be conducted by the Planning Commission following proper hearing notification as ap l able Th I j t%., IPian J%Aj jijilitnnI"J C'r,r,r,r is-cdr- a 3twowln cWt I -.{ ��l�epronct nmd rannd ifs. . . s 1. Notice of said hearing shall consist of a legal property description and description of request, and be published In the official newspaper at least ten 10 days prior to the hearing. 2. Written notification of said hearing shall be railed to surrounding area property owners at least ten 10 days prior to the hearing. Requests affecting and located within the Jrban Seric Area designated by the Comprehensive Plan shall he noticed to all property owners within three hundred fifty 350 feet of the property in question. Requests affecting and located within n-ro1 E 44Ltleft' r. gra f the M ural Service Area designated by the Comprehensive :_-Flan shall be noticed to all property owners within five hundred (500) feet of the property In question. 3. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding. DA. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Section provided a bona fide attempt has been made to comply with the notice requirements of this Section. HKA D. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the Planning Commission and City Council. E. The applicant or a designated representative thereof shall anvear before the Planning Commission and City Council in order to answer_ estlons concernln the proposed request. F. The Planning Commission and City Council shall consider possible adverse effects of the proposed conditional use. Their judgment shall he based upon (but not limited to) the following factors: 58 . The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. 5. The proposed use can he accommodated by existing public services and facilities and will not overburden the City's service capacity. � it * 1 + � * i 1;5 * i ii i i Q C # # * i< #i i # Si + # + w1 # i **++ • if iw w # ie # C� + # * # # i # # i A A w A it i# i i if M i �! f�O %.F L 1'%�F I i i i +* i it *# i i # i4� i w I %Ir it *r r• r s f # # A # w i i< i! ) i iif i + i: i1% A i i i i # e0 - +.0 # T If * i * *+ # i#* * A Ai, i i Q i i A Isr �+ r �► W i i i # i ii i■ I im %so s � ! # � # � � * � # � � * � i � i i # # w # # A A � # Va wgljzf 4G. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to para out the intent and purpose of the Chapter. JH. The City Council shall not consider or act upon a conditional use permit until they have received a report and recommendation from the Planning Commission or until sixty 6 days after the first regular Planning Commission meeting at which the request was considered. 4-3 Ki. Upon completion of the report and recommendation of the Planning Commission, the request shall placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. LTJ. Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety and welfare. MK If, upon receiving said reports and recommendations of the Planning Commission and City staff, the Cita, Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking final action, refer the matter ac to the Planning Commission for further .econsiderartion. The i#.. Cn,lnrml h 1I nrnyirlo + o 3"1 At tiino9tJ Cr -naI Itml-cc' th ;x 1# ,6 r c -IJ J%. ri i � �r-9tfir+ r.as ns f r- mfnrr 1, T � r rr-�r�och Ira Qh f #fi x*r r# r qtrrOC11 r of86 t 41 NIL. Approval of a request shall require passage by a majority vote of the City Council. M. The Zoning Administrator sharp provide the-apr.).licant and property owner with written notice of the City Council"s findings of fact and decision regarding the application, N. if a request for conditional use permit receives approval of the Citv Council the City at the li nt's enc ense sharp record such with the apprQpriate Wriaht County office. No buildinq permits for the pronerty in auestion will be granted until recording of the action has been completed. O. Whenever an application for a conditional use permit has been considered and denied by the City Council, ar similar application for the 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, except as follows: 'l. If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous conditional use permit application have changed significantly.- 2. ignificantly._ 2. if the Cit} Council determines that the circumstances surrounding a previous application has changed significantly. 3. if the Cit} Council decides to reconsider such ratter by a four -fifth's 5's vote of the entire City Council. Iip A +'+ A i i i # + i< * * i #+ A A Ill A &AS # i 9 Mina. A w w Ip 91F 14F Jill P. iiA i * i Al #ANONYM # �A AL-ATA� r + -! - � 20-4-3: Gr CIJ 1T: The conditional use permit and the stipulations, limitations and conditions therein shall be applied to the property in question. All written ndria. �`ic materials officials abr itt d to the Cit shall be treated a a formai agreement b t �r n the applicant and the Citv. Once approved, no changes, modifications or alterations shall be made to any Qlan detail standard oL-specifications without prior submission o plan modification rpau.ps.t to the Zoning Administrator for review and angravaj. vit 0k + ■ ',,ALI • A A rAllA ill iL i islZal Al+ + + ■r InI*■ � �i#111�i�►�J■���■��i�'a�1�i�J�R�i��#��J�l�l�l�l�i�l��ti�■��Ji��#!■li#J7 i i i w A #1 w i # + + ! ! ! 1 � s s � �3�■■��iC�J��J��iC��!!7 # U 9 1 ra-12 i i i i i# f 4-5 i i i it *# 11 ■ A w A i ! ��� 4 +rt r s 0 MA #i w A # w w a. ii IS +r •r it i 1 i # A o vit 0k + ■ ',,ALI • A A rAllA ill iL i islZal Al+ + + ■r InI*■ � �i#111�i�►�J■���■��i�'a�1�i�J�R�i��#��J�l�l�l�l�i�l��ti�■��Ji��#!■li#J7 i i i w A #1 w i # + + ! ! ! 1 � s s � �3�■■��iC�J��J��iC��!!7 # U 9 1 ra-12 i i i i i# f 4-5 s A � s A A �QAmtq A-961 go i i ot Lq LOA, r M 1 1R17�� ■r�i :III ■Lilt 10■L-X%L-3�-AAL.?IImrdam 1�� 1�!1■l9�# �� 9wr w 01 IME■■[f1MM7■[#ffEIE[#ILW309 E ���#1#]� 1#7019 20"4"5■ AMENDED CONDITIONAL USE PERMITS: 4rw %P.AmenCAI GodFI,rAiattit, Ing 11 1",mnit bo i 1 ■ ■ F * t ro- cl fe F a 'Y %e %AVVll%.oF%A IWJ %All'II %.Fil%All 1wF%.F "%4J I tit ltWIIAr%A 319 4twt W144414%.All 16W %L§%.A "Im #�y ++ ! i emll lucto ■ fcond.. Ill i OF In al i !fcz i IL L1 J7 ■ Amanclod r r I ir- tit .---...fns_._ arenit that have keen � ��i r „ tc fnr Qi iI �,fipl nh nra� s The owner ._ f a propertywith a conditional use permit may re se an amendment to modify the conditional use at any time. No changes in theavoroved plans,intensitv or see of the conditional use shall freer, be undertaken without prior apmoval of those chary es the fit . Reguests for permit modifications shall be processed accordin to section 20-4-2 of this Chapter and shall - a su 'ect to all requirements and standards of this Chapter, exciapt that those perr it modifications meeting the following -criteria,,,-as determined by the Zoning Administrator, mav be approved administratively ire accordance with Section f this Chapter: F Only applications for preexisting uses or uses explicitly classified as allowed uses, including accessory uses, by the approved conditional u rm t governinu the use of the property are eligible le for administrative -approval. B. The ermlt modification shall not result in an increase in hours of o eration traffic; employees, or number of dwelling -units, e d a prin i l it inn r otherwise Increase the intensity of the use of the site.: C. The permit modification shall comply.with all requirements of the applicable zoning district and all other performance standards of this title or this code. D. All applications for permit modification shall be coni rete and in furl accordance with the requirements of section 20-9-6 f this Cht r. 20125 2 R --6: %OF K-Sr.r A-9 5-M91 I e rr9 %mor EX P IR ATI of CONDITIONAL USE PERMITS: A. Unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall be null and void and expire if the applicant fails to utilize such conditional use permit and fulfill each and eery condition attached thereto within one 1 year from the date of Its authorization unless a petition for an extension of time In which to complete or utilize the permit has been granted y the Zoning Administrator provided that: I . The extension Is requested In writing and filed with the City at least thirty (30) days prior to the expiration of the initial conditional use permit request. 2. The request for extension states facts demonstrating that a good faith attempt has been rade to complete or utilize the use or activity permitted in the conditional use permit. 3. A maximum of one 1administrative extension shall he granted. . The extension shall not exceed ninety 9 days from the initial conditional use permit expiration date. 5. There shall be no charge for the filing of a petition for an administrative extension. B. Upon receiving recommendation from the Planning Commission and City staff, the City Council may grant an extension of the conditional use permit of greater than ninety 90days provided that: 1. The conditions described in subsection A.1-3 above are satisfied, 2. The extension shall not exceed one year from the initial conditional use permit expiration date. 3. The firing of a petition for extension is subject to fee requirements established by City Council resolution. C1 20-4-6: REVOCATION of CONDITIONAL USE PERMITS: A. The Planning Commission may recommend,and the City Council may direct the revocation of any conditional use -permit for cause upon determination that the authorized conditional use is not in conformance ance ith the conditions of the permit or is in continued violation of this Chapter, cit codes or other applicable re ulations# B. The City Council or Planning Commission shall initiate an app.l.ication and the Zoning Administrator shall notify the responsible person that they have an woortunity to show cause why the permit should not be revoked. C. The application shall he processed and considered -pursuant to Section 20-4-2 of phishater., 20-4-7: PERFORMANCE SECURITY: A. Except in the case of non -income producing residential property (excluding relocated structures), upon approval of a conditional use permit the City shall be provided, where deemed necessary by the Council, with a performance security as approved by the City Attorney prior to the issuing of building permits or initiation of work on the proposed improvements or development. ent. said security shall be non -cancelable and. shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the City. B. The security shall be in the amount equal to the Zoning Administrator's estimated costs of labor and materials for the proposed improvements or development. Said project may he handled in stages upon the discretion of the Zoning Administrator. C. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance e Frith the conditional use permit and ordinances of the City has been issued by the City Building official. D. Failure to comply with the conditions of the conditional use permit or the ordinances of the City shall result in forfeiture of the security in whole or in part depending upon the degree of non-compliance and at the discretion of the City Council. E. Whenever a performance guarantee is unposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney. 4-8 20-4-8: CE TIFIC TI F TAXES PAID: Prior to-armovina an application for an conditional use permit, theIl ant shall_pjovide certification to the City that there no delinguent.nror)erty taxes special assessments interest or City utilityfees due.upon the parcel of land to which theapplication relates. 20-4-99: I ITT TI !* The City Council or the Planning Commission may, upon their own motion, initiate a request for a conditional use permit in conformance with the provisions of this Section. Any person owning real estate or having documented Interest therein, may Initiate a request for a conditional use permit for said real estate in conformance with the provisions of this Section. SECTION ADMINISTRATION " INTERIM USES Section 20-5-1: Purpose and Intent 20-5-2: Procedures MCA 20-5-4: Termination 20---: Amended Interim Use Permits 20-5-6: Expiration of Interim Use PermitApproval_ 20-5-7: Revocation of Interim use Permits 20-5-._ Performance Security 20-5-9: Initiation 20-5-1: PURPOSE AND INTENT: T: The purpose and intent of allowing interim uses is: A. To alloy a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. B. To allover a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. �. To allover a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development, 20-5-2: PROCEDURE: WWjL'V"14ffWWhkW& KftlwX�&�'WA%BJL%rX'&A&'RLw3MBSLw3L4111111 IrIb'JIMILWIS IWAIIII A 0 a 14 WM&MI Vib"iffi! IIIIIIIIIIIIII, III, IIIIIIr!IIJz GI BMW &W E-Mr--X*JffiA'III' i i i # s A A w IF - TA MIi A +'► i JoyiIII, I I Mi f + i .+. 0 � ]ROPA MUNI w w V w ' f w W w w w f w rILv .r +rI 10 LWWE61 O # # w wr # r A + 1 i i i *# + i i i i+ i A i# s +*' s : # : ""Ll"Wo w i w i i . i * * # A. Request for an interim use permit shall be filed with the City on an official apRlication form and pLocessed in accordance with this Section and Minnesota Statutes 1.5_._99. 5-1 . An application shall be accompanied b a fee as provided for by Section 2--2 of the City Code. 2. Such application shall also be accompanied detailed_ written and graphic materials fully exlainino the or000sed change, development, or use including the information remired b Section 20-9-6 of this Chapter. 3. The request shall be considered aso_ na off fall submitted when the Zoning Administrator determines that all the information requirements are complied with. . The Citv Council. the Planninc commission. and the City staff shall have the authority to request additional information from the applicant or to retain em ert testimony at the em ense of the applicant, said information is to be declared necessary to establlsh..PQrformance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the art of the applicant to sup"[ all necessary sumortive information may be grounds for denial of the request. B. Proof of Ownership or Authorization; The applicant shall suDply proof of title and the legal description of the property for which the interim use emit is re uested consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners ac uire a legal ownership or eauitable ownership interest and as licable su I documented authorization from the owner(s) of the property in question to proceed with the requested interim use permit. C. Upon receipt of said application, the Cit r Clerk shall set a r)ublic hearing to be conducted by the Planning Commission following ro er hearing notification as applicable. Notice of said hearin-gLshall consist of a le al property description and description of request, and be published In the official news a er at least ten 1. ....d.ays. ri r to the hearing. 2. Written notification of said hearing shall be mailed to surrounding area propertyowners at least ten days prior to the hearing. Fie uests affecting -and located within the Urban Service Area designated by the Comprehensive Plan shall be noticed to all property owners within three hundred fifty (3 50) feet of the property in question. Requests affecting and located within Rural Service Area designated by the Comixehensive Plan shall be noticed to all ro ert q hers within five hundred Soo feet of the property in question. 5-2 3. A copyof the notice and a list of the propedy owners and addresses to which the notice was sent shall be attested and rade art of the records f the proceeding. . Failure of..a. property owner to receive said notice shall not invalidate am such proceedings as set forth within this Section provided a bona fide atter has been made to comply with the notice re uirements of this Section. D. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and rovide enerai assistance in vreparia a recommendation on the action to the Planning Commission and City Council. E. The applicant or a designated representative thereof shall appear before the Planning Commission and City Council in order to answer questions concerning the proposed request. F. The Planning commission and City Council shall consider possible adverse effects of the pr000sed interim use. Their Audgment shall be based upon but no limited to the following.. factors: The imposed action's consistency with the specific policies and provisions of the Otsego Comi2rehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the Citv Code. . Traffic generation of the moposed use in relation to capabilities of streets serving the propertL. 5. The proposed use can be accommodated by existing blic services and facilities and will not overburden the City's servicecapacity. G. The Planning Commission shall make a findir� of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the Chapter., H. The City Council shall not consider or act ul2on an interim use permit until thinval have received a re ort and recommendation from the Planning Commission or until sit 60days after the first regular Planning Commission meeting at which the reuuest was_considered, I. Jon completion of the report and recommendation of the Planning Commission,. the request shall placed on the a ends of the City Council. Such reports and 5-3 recommendations shall be entered in and made vart of the permanent written record of the City Council meeting. J. .......UlDon re eivin the re ort and re ommendation of the Plannin Cor mission and City staff, the City Council shall have the option to set and } old...a public hearin _ if in deemed necessaryand shall make a recorded findingof fact and may ins aS- any condition it considers necessary to protect the public health* safety and welfare. .................._ .. . K. If, upon receiving said reports and recommendations of the Planning Commission and City staff= the City Council finds that specific inconsistencies exist in the review voess. and thus the final recommendation of the City Council ill differ from that of the Planning Commission, _ the pity Council may before --------------- taking final action, refer the matter back to the Planning Commission for further consideration. L. Approval of a request shall require passage by a majority vote of theCity Council. M. The Zoning Administrator shall provide the applicant and prope.ft_ owner with written notice of the City Council's findings of fact and decision regarding the ar)Oication. N. If a re uest for an interim use permit receives approval of the City Council the C.ily at the applicant's expense, shall record such with thea ro riate Wright ht County office. No building permits for the pop rty...M... nest on will be granted until recording of the action has been coni letedt . Whenever an aD ri ation for an interim use r ermit has been considered and denied by the City Council* a similar application for the interim use perm it affectingubstantid[ the carne propertv shall not be considered main by the Planning. -Commission or City Council for at least one year from the date of its denial, except as follows: If the applicant or property owner can learE demonstrate that the circumstances therevious. interim use permit application have changed significantiv.. 2. If the City Council determines that the circumstances surrounding a previous application has and_s_inifantl. 3. if the City Council decides to reconsider such natter by a four-fifth's(4/5's) vote of the entire City Council. rCTT 1'�, Thi &zfe # IPf WHI for tr V %.# 1 1 46 Lt I IIII III VT 16111 16%.f 1 S I 19 9 9 "f�f e � se ca�-► � �� . In s t * # s f tqTLI W f MA MAJI AGREEMENT: The interim use permit and the stipulations, limitations and conditions therein shall be applied to the... property in question. All written and graphic materials officially submitted to the City shall be treated as a formal agreement ent etween the app.licant and the -City. Once apQroved, no than es modifications or alterations shall be made to any plan detail standard or snecifications itho t rior submission of a plan modification re est to the Zoning -Administrator for review and ao ro al. 20-5-4: TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever first occurs; A. The date or event stated in the it- rim use permit, B. Upon violation of conditions under which the interim use permit was issued. C. Upon change in the City's zoning regulations that renders the use non- conforming. D. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. 20-5-5: AMENDED INTERIM USE PERMITS; The owner of a Propedywith an interim use permit may ro ose an amendment to rodif the interim use at -any at-anytime. No changes in the auvroved i2lans, intensitv or scope of the interim use shall howeverbe 5-5 undertaken without -prior approval of those changes by the City. Requests for permit modifications shall be processed according to section 20-4-2 of this Cha.T,ter and shall be subiec to all re irements and standards of this Chapter, except that those permit modifications meeting....the following criteria* as determined by the Zoning Administrator,, trator,, may be roved administrative[ in accordance with Section 8 of this Chapter. A. Only applications for reexistin uses or uses expli.citly classified as allowed uses includingaccessory uses, by the approved interim use permit governing the use of the property are eligible for administrative approval. B. The Dermit. modification shall not result in an increase in hours of operation,, traffic employees, or number of dwelling units, expand any principal building or otherwise increase the intensity of the use of the site. CM The permit modification shall co,MPIY with all re ui ements of the applicable tonin district and all other perfo.mance standards of this title or this code. D. A.I.I.A.pplications f r permit modification shall be con3gLete and in full accordance with the requirements of section 20-9-6 ofthis Chapter. 20-5-6- EXPIRATION of INTERIM USE PERMIT APPROVAL A. Unless otherwise specified by the City Council at the time it is authorized. an interim use err it shall be null and void and enc ire if the applicant fails to utilize such interim use permit and fulfill each and eveu condition attached thereto within one year from the date of its authorization unless a petition for an extension of time in which to compLete or utilize the permit has been granted the Zoning Administrator provided that: The extension is reqU=e =ptedinwriting-and filed with the City at least thirty (30).days, prior to the expiration of the initial interim use permit request. 2. The request for extension states facts demonstrating that a uood faith atterr t has been made to complete or utilize the use or activity permitted in the interim use permit. 3. A maximum of one 1 administrative extension shall be granted. . The extension shall not exceed ninety 90days from the initial interim use errmit expiration date. 5. There shall be no charge for the filing of a petition for an administrative extension. B. UROn receiving a recommendation from the Planning Commission ion and City staff, o � _ the Cit may grant an extension the interim rnnit greater than ninety(90) days provided that: T�. � ......................_._.._ ._. I . The conditions described in subsection A.1-3 acre are satisfied. 2# The extension shall not exceed ne I ear from the initial interim use permit expiration date. 3. The filing -of a petition for extension is suet to fee re uirer ents established.by City Council resolution. 20-4-7: REVOCATION F INTERIM s PERMITS: At The Plannine Commission may recommend, and t . _ C.-i-tv Council may direct _the revocation of any interim use permit for cause -upon determination that the authorized interim use 1s not in conformance with the conditions of the permit or is in continued violation of this Chapter, ...City_codes r other applicable reaulations. B. The City Council or Planning Commission shall initiate an application and the Zoning.Administrator r shall r t the res n ible ors n that the have an opportunityto show cause why the -permit should not be revoked. C. TheApplLication shall be processed and considered ursuant to Section 2--2 of this Chapter. 20-4-8: PERFORMANCE SECURITY: A. Except in the case of non -income producing residential property (excludina relocated structures), uori r ural of an interim use permit the.city shall be ro lded, where deemed necessary b the Council, with a oerformance securlt as roped by the fitAttorne prior t the iss ire ofbuilding—pp.,nits r initiation of work n the proposed improvements or development Said security shall be non -cancelable and shall guarantee conformance and compliance with the conditions of the interim use permit and the ordinances of the City, B. The security shall be 1n the amount egual to the Zoning Administrator's inistrator's estimated costs of labor and materials for the...-.p=Coposed improvements or development. Said proiect may e handled in stages.......upon the discretion of the Z niffl Administrator. C. The City shall hold the security until comoletion of the proposed improvements or development and a certificate of occupancy indi atin compliance with the interim use permit and ordinances of the City has been issued by the C Building Official. D. Failure to comply with the conditions of the interim use emit or the ordinances f the City shall result in forfeiture of the security in wholer in part depending upon the degree of non-compliance and _ t the_discretion of the City Council. E. Whenever a r)erformance auaranteeis immsed by the City, the aDDli ant shall be required to enter Into a performancer nm nt with the City. This agreement to provide authorization to the City to utilize the -posted security -and complete.. stipulated work should the applicant fall to meet the tetras and conditions_of the permit. Said agreement shall bold harmless the Cit for corms [tin of the work and address other matters as may be determined by the City Attorney._ 20-5-9: INITIATION: The City Council or the Plannl a Commission mavr upon their own motion initiate a request, for an interim use i)ermit in conformance with the provisions of this Section, Any person owning real estate or having documented Interest therein, may initiate a request for an interim use...permit it for said real estate In conformance with the provisions of this S tl n. SECTION 6 ADMINISTRATION -Y IAC s Section 20-6-1: Purpose 20-6-2i Board of Adjustments and Appeals 20-6-2: General Provisions and Standards 20-6-3: _ _...i...A A. 3 Procedures 1111;Y' nr l In r*�i n ' e ■ ■ 2o--6 ■ i t nr pnnas Agreement 20-6-45: of Variance Approval 20-6--56# Performance Security 20-6-7: Certification of Takes Paid 6720-6--1: PURPOSE: The purpose of this Section is to provide for deviations from the literal provisions of this Chapter in instances where their strict enforcement would cause practical difficulties because of physical circumstances unique to the individual property under consideration, and to grant such variances only when It is demonstrated that such actions will be In keeping with the spirit and intent of this Chapter and the Comprehensive Plan. 20-6-2: BOARD of ADJUSTMENT AND APPEALS:. The Cily Council shall serge as the Board of Adjustment and Appeals. .._... ........_..-----% }.;�;� A variance request (major or minor) shall not be approved unless a finding is made by the City Council that failure to grant the variance will result in practical difficulties. 1. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter and include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 2. The applicant for variance shall also demonstrate that the request satisfies the following criteria: ai That the variance would ld be consistent with the Comprehensive Plan. Lem . That the variance would he in harmony with the general purposes and inert of this Chapter. G. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. d. That the purpose of the variance is not exclusively economic consideration. e. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. f* That the requested variance is the minimum action required to eliminate the practical difficulty. 3. Variances may not be approved for any use that is not allowed under this Chapter for property in the Zoning District where the land is located. 4. The Planning Commission, in the case of a major variance, and based upon a report and recommendation by the City staff, shall have the poorer to advise and recommend such conditions related to the variance regarding the location, structure, or use as it may deem advisable in the interest of the intent and purpose of this Chapter. The City Council shall in granting any variance under the provisions of this Section designate any conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. 20-6-3: PROCEDURES: At Minor Variances: `l Purpose, The purpose of this Section is to provide for an expeditious ,method of processing variance requests. 2. Qualifications. Requests qualifying as minor variances must meet one of the following criteria: 67 a. Cases where practical difficulties to existing buildings or platted property are created as a result of public action or charge in City Code standards other than those amendments affectina floodplain, shorelandt wetland, and/or gild and scenic river regulations). 6-2 . Structure or setback deviations which are characteristic of and common to neighboring uses and which do net exceed five 5 feet r more than a ten 1 percent departure from a standard established by this Chapter. M i ■ PFeG86 t Not i iG + + i�1■[ T+T a + IrL*i1�� � ; a MARa W"i-piffi,Mfill 0.11 wr w�LL ol i i i# M A4,�� A * : OF i<I ri hh-1 I • n a X11 A 40L A a iw # i i + A + A w s w w w w - m& * W w w I II M,Arn 9 0 VINI w w LW2 kW2 a 0 0 a I M LWi IIIIIIIIIIIng 11 LWi M l!*A i i i< A i - t i A .w P.r. AA A AA AI< A +• w A + + & A w f i �► A 11 A A � # i ! it a i � ! � # A # # � W LULMkz w w w w •r ;am wR r # + a rw A # + A + + # i A a # i # !*10 f w� i i i + i< i i #F i i ! w A A A # f f # # #ji III III ! i i f + i# i i A 1I LF Y + # #91F W it i< A w h- * pars i a i 414A & I AA A AT --I A l + a• r a A all MEN MMOWWJ�iilj MMW w �r • wr !r r wr flill Ei A # A## +* �!WA IIIIIII.MPAWAWAIWILUPWIFwI IN K w 2 IN LW]OWTOit w a1z w IF m wiIii, IIIIIIw IR 9k • i a * + _ rA 2 '_ + i i4pq IEP MILVOMIFIXIII" i i i■ i<i -- wd-40—=4r--=k J�Jiwii A * A A## + Ir W qr W EF : Ills A A A w w � a A + Rafter A w w - wr +r r w r �rt M A# # i i * i4 "11111110 i I A i i i- A A A # A w A # A w w . # ii i i i i i i +"w i► i it * a + a+ T M I Kf A A # * + + A A. * + A T R # ELM= LW IY Y i/ + •+ iAt IL MILIMENOWil M it not 10 mom M III WI a A 11�111 M i kill## A A* + • iw A # A# ra # A i i 01,1 w w w w w4 •• A i* 40A + i4 * + # i + A � � f i T i1F Y i/ �' ♦ A* * A i A A! i i a41! 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Major Variances: q . Classification. All variances which are not classified as "minor" shall be deemed "major" variances! - a _air _ a s a- ■Ron a _ a s a_ -§ VIEW "d4m, OLIS _ $ _ Pl 'oWNU$ ® _ _ $ $ _ -Ldl III $ $ ® _ _ _ ■ $ _ _ $ - _ e j _ _ a _ _ _ - _M ■ ■ . _ 0$� $ $ ■ - ■ $ �_ - a a a $ Z ■ 11111 WIN ill $ $ � I -- -Il ® _ A *it_ $ _ _ @ _ V ■ $ _ a ffill 1 � I _ _ ■■ a a @ $ ■ - $ $ - _ $ - � $ $ _ i _ _ "na _s- _ - a$ @ a $ - & 9i - _ _ a - _ __ a - _ _ _ �. $ _ a _ - - ■ $ _ ® A 15 & _ N _ PATO $ _fma & --plas �- $$$� -lllil 1 1 _ ® $ $ - - - - • I a - $ ® Miii $ __ ii $ $ $ $ $ &__$$ __ All - a ■ _ 11. $ 4a Not _ _$ ■a $ a$ - ftIffl!@11 __ _ - - _$ _ a - ■■ - e - a __ _ _ a aAl liq ■ $ $ W �� � $ $ � _ � $ _ $ � - - _ w 11 & $"i�' imno $ $0 $ $ $ $ - _ - $ _ - _ $ $ A $% a -a $ $ TA - A_ _ _ _ $--■ __ $ _ - $ All am a I®■ - - - - - m @$$ $ a - ■ a a - _ ■ $ _ _ $@_ HIM $- _ & $ $$ @ - - $ _ $ $ ■_ _ - $ - - Ah, $ $ - a . $ _ - $ - $ ... a do - "Al - W -M - - 11111 - $@ @ $ $ ® -Within - - _ a _ _ a . - _ . _ ■ $ $ the $ @ ' $ $ $ $ a _ _ Vii a $ a■ $ th - - - a r nf h I n f rn I P I @ - - - $ ■ - $ _ _ $ a $ $ $ $ $ - $ . _ 1. _ - _ _ . _ _ ■ . ■ _ $ _ _ _gal - $ _ _ ■ _ I at$ a ® „ - _ -_ - _ a @ @ %_ . $ %oF- @ 9 16 4 9® - _ � _ a _ _ �� n o $ - $ $ - _ ■ $ a _ ,. a a ■ ® & & gand _ ■ _ $ a I C. Is, ■afill. a a _ C�nmn-I:*nnor nf NipfilrPI_ _ Comil■ - _ $ $ _ - 6-5 1mrW 9:1 ®� . as as - _ _ 111h a ■ @ $ a - $ _ - _ -- ® - a -- - -a LWI 9 ft$ _I I _ $1 1 _ $ $ $ , @ � @ I- _ . - _ $ J VW$ ® - _ - $ | - _ ■ _ %_ - _ _ _ - - $%wq a _ _ $ a a ,. ■ a ■ _ - $ a $ $ u $ - & _ $ $ -II _ $ - _ - -IL I- -.1 11 _ - - a _a _ d - l�IIII`111.q6A%A%­P II _ $ a■ $ .. ■ a _ _- a■ ■ a & a as a a a ■ a_ a s a■ : UWANNEWA-EI W 0 8 0 U- VIII 10 0 5 IN 0 6 IftAIIII ELOURLWA- - LWAIIIII ad - - - fflawdoly-drAAW"ra $ _ _ _ _ -Ill a - - _ $ _ . ■ - -- � ■ $ 01 $ _ ■ & _ - $Iff _ a_ _ _ $ _ $ _ a a _ _ S $ $ ■ - $ ■_ - : IT ME dob a00- 'UWAW3 _ _ _a ■ ■ _ ■ a 40 4a a■ __ _ a a III$ - 11 All anU $ - $ a@ $ _ $ _ _ m"T Al e$ ■ ® $ $ ® PAN. ®_ $ _ ■ t @ $ _ - _ do$ _ V! $ ffi _$$wiwg,m�ijiij'ia_ __ - AL_ $ _ __ _$ _ llolli a _ IIIIII IN INN F, _ I IN $ $ _ _ ■ $ _ $ _ $ a _ _ $ _ $ _ _ a IILW_ , _ a _ _ $ ■ _ _ $ $ _ ijllj�j $ - $ - _ - 1114111 NNINNIN [Min _ _ _ a _ ■ _ $ _ _ J1. 14 $ a _ $ ■ _ a ■ $ - $ ■ ■ $ $ . _ _ orqML - a - � _ _ _ _ a ■_ _a IW a 0 L4I I|��IN IN N L%I I 1111 a $ $ � a $ ■■ ■ ■ $ _ $ $ $ _ $ $ - _ $ - - - & _ - ■ - _ ■ ■ a Al _ $ ■a ■a $ a ■ _ _ _ _ a _ $ -COT $ ■III e ■ . - _ _ ■a _ _ a § _. a iR _ ■ "-NMI JEMIII.__ a $ _ .�. _ $ @ _ MI $ $ ■ - _ $ __ a_ $ - - - _ $ __ __ ■ - _ a_ as _ a ILWI IF 0 1111 of II N § _ t VI $ ■ _ a 10 III a _ ■ a ■ a a A - ■ Abm."LIKELVIP.r.wam_ a ' ��■■ � �LOU ■■1EFA0!w-Al ■ IEGIM%L-AR R a L-A&I I ALWA99 5 0 LWA _ - AIL 11L $ _ _ _| a _ a § ONOL$ - - - $ � 111111 I'l - ' - 4121 C All _ ■ ■ - . ■ _ -a AL - - - $ _ $ $ - _ _ $ - _ $ __ _a - a _ l ■ $ a■ a - a It it LWA M a a $ $ as a ■ @111111111 EBXOA $ ® - $ $ An - 41a a ■ § _ $ as ■a $ ■ as 1111, 111111, 111 a $ _ ■ ■ ■ AL - $ _ _ _ Le- I_ $ $ ■ _ $ ■ $ _ $ a $ a _ _ $ $ IL ■ _ ■ $ - $ e■ ■■ - ■ $ _ $ a $ _ - _ a _ _ _ as ■a a PI _ $ _ - ■ _ $ _ - $ $ ■ a _ _ $ _ a $ _ $ ■ -k_(' .l _¢ %Orw- - - - a - $ _ _ _ - _ _t 1■ as _ a _ ■ a _ $ _ _ ■ _ - $ ■ _ ■ ®® _ $ ®JN.AW $ _ V%I® $ - - $ ® _ - - - -- - B G $ $ $ -c� rihi a a ■ - jmf 1I III$ ■■ _ 9FILWA awXiiiiiii . ■ $ _ $ _ $ $ ■ IN $ - _ & ANEIEWLVFII $ _ ON a __ _a a _ a _ $ a ■ $ aI ffllllj�j� .11 w I $ ■ _ $ a _ ■ _ _ _ A _ . & _111 11111.111 111 _ § a _ & Am _ _ a as ■■ - a ■ a a a a - ■ ■ . _ _a _ a a _ _ $ ■a ■m MOSOMIM t a a _ $ a ■■ $ - $ _ NEL$ ■ 0"i I _ $ ■ _ $ vi_ ■ _ _ a a a $ _ $ as a■ $ a $ _ff ■ a _ 11111 ON liill 1111111 lliffi N MW 1wIRRE $ _ _ - _ $ $ . - _ ■ ■ ■ $ _ $ a ■ ■ a $ ■. a _ ■ _ ■ ■ ■ $ _ &En q a$1 IN Lw iiiiiii � _AL III, - Awt 6 9$ $ @ _ a di III I 113 @ $ $ .�� $ $ . $0 Lw3EKNE W= - -� ■��■���:- ■ ■ _ , _ $ _ _ _4Id�_ - _ $ $ $ _ _ - ■ _ $ & $'El $ WI ■ - Tr $, joctt -$ - - afr a IIII■ , nn\WWI $ _ . _ - - $ $ ® - ■11 ll_ a _ a G,�rOPAR116640R G PBG0PRRR8R%dA1nLA t I GW■ a a a _ a a a a_ a a_ a a ■■ � ■-_ _- 11 11 1111111 � 11111i a a - 11; -| ' -0,111 jl $ - _ _ $ _ _ - _ $ - $ $ @ @AL @ _ 0 N $ ® ® _ - - - - _ $ $ _ $ - _ .. ft $ $ � $ $ $ ¢ _ a III � *i'k.vd`w "4FIF- � -N __$,_. O ,_ ■ $ _ - - . - _ $ $ $ - - - -d § $ $ $ ■ $ t - ■ $ ® $' _ $ - $ $ - '"I$ __ __ @ $ - @ - - ■ _ $ a @ - a AL $$ - Lai I'll_ $ _ ® _ ®® _ _ & ■ _ _ $ - III- $ $ _ - , di_ _ 4p Ila- _ $ _� $ $ $ , _ $ $ - $ ® $ I $ _ - _ _ a _ _ $ as a■ ■ M - s ■■ _ - _ - _ a - s - aqWliIIIIIII agLqFj a a _ _ $ _ _ $ @ @ @ , $ - S. ■ _ � - ■■ $ A =" -- - - - - - ■ ■ a' - ' - - ■ - ■ s $ ■ ■ _ _ fad - - ■■■■■� I-■■� _ _ 111 @ @ - WOqFAll - @ a a _ _ _ _._�_- _ a ■■ _ - $ . _ _ to 112111111111111 _ - $ _ - OF , _ _ ■ _ - - - , Ill $IN $ @ , _ $ _ _ $ _ _ _ _ _ - $ _ - _ $ $ _ _ Al _ & $ $ $ _ - &. $ _ _ $ _ _ - _ $ as $ a _ WA a a _ ■ ■ a ■ ■ . a _ _ a _ _ _ - _ a _ _ _ _ - A a _ � _ _ a _ � ■a $ _ _ $ 110MA C. Processing. A Request for a minor r major variance shall b filed with the Citi Processing. on an official application form and processed in accordance with this Section and Minnesota Statutes 15.99. ' . n application shall be accomnanied by a ee as provided for by Section 2-4-2 of the City. Coal. 2. Such application shall also be accompanied detailed written and graphic materials fully explaining the go used change, development, r_ use including the information re uired by Section 20-9-6 of this Chapter._ 3. The ro uost shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with._ . The City Council. the Planning Commission. and the City staff shall have the authority to request additional information from the applicant or to ,retain expert testimony at the exK)ense : f_the _apOicant, said information is to be declared necessary to establish erforman a conditions in relation to all pertinent sections of this Chapter. 5. Failure on the art of the applicant to supply all necessary su ortiv information may be grounds for denial of the reguest. E. Proof of OwnershiR or Authorization: The applicant shall supply roof of title and the legal sri tion of the property for which the interim use permit is requested consisting of an abstract of title or rg.jt==property abstract currently certified together with any unrecorded documents whereby the pet.itio.ners acquire a legal ownership or equitable ownership interest and as applicable supply documented authorization from the owner(-p)--..of_.._the property in guestion to proceed with the rested interim use permit. C. Upon receipt of said kation for a major variance the Cit Clore shall set a ., uli hearinu to conducted thePlanning-Commission following proper hearing notification as applicable. Notice of said h arir shall consist of a legal propeftdescription and description of reuuest# and be nublished in the official newspaper at .least ton (10) days prior to the hearing 2. Written notification of said hearing shall be mailed to surrounding area property owners at lust ten (l..O).... a s.... rl rto the hearing. Reguests ffo ti and located within the Urban Service Area designated_ _by the Comprehensive Plan shall be noticed to all property owners within three hundred.fifty...(3§=Oj fejt of the property in uostion.uosts affctin and located within Rural Service Area designat .d _by the C mr her si o Plan shall be noticed to all propert owners within five hundred (5 00) feet of the property in question. 3. A copvf the notice and a list of the promft owners and addresses to which the notice was sent shall he attested and made aart the records of the pro eedin . . Failure of a property owner to receive said notice shall not _ invalidate any such proceedings as set forth within this Section vovided a bona fide attempthas been made to cora I with the notice re uirer encs of this Section. D. The Zoning Administrator shall instruct the appropriate staff,persons to vrepare technical ro orts where applicable, and orovide general assistance in....P.reparing a recommendation on the action to the Planning Commission and City Council, Et The applicant or a designated representative thereof shall appear before the -Planning Commission and City Council in order to answer uestionson ernin the proposed rawest, F. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the re nest as the deem necessary to carry out the intent and purpose of the C_hator. G. The City Council shall not consider or act upon an variance until they have received a report and recommendation from the Planning -Commission or until sit(60).davs after the first regular Planning Commission meeting atwhi h the request was considered. H. Upon corp letion of the re ort and r ommendation of the Plannin Com ission the request shall placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the .ermanent written record of the City Council meetin . U n re eivino the report and recommendation of th -Piannin Commission and C.lt --staff, the City Council shall have the option to set and hold..a.-public hearing i deemed necesaam and shall make a recorded finding of fact and may impose anv condition it considers necessary to protect the public health safety and welfare. J. if, upon receivino said reports and recommendations of the PlannLn Commission and Cftv staff, the Ciw Council finds that snecific inconsistencies ------------- e ist in the review ro ess and thus the final recommendation of the City Council will differ from that of the Plannin Commission the City Council may before taking final action refer the matter back to the Plannrn Commission for further consideration. K. App.oval of a re nest shall require.. passage by a four-fifths 5maiplity Grote of the City Council, L. The Zoning Administrator shall provide the applicant and Droperty owner with mitten notice of the City Council's findings of fact and decision re ardin the application. M. if a re nest for variance receives awroval of the City Council the Cit at the Ii ant's expense, shall record such with the appropriate Wright County office. No building permits for the property in question will be granted until recording -of the action has been completed. NWhenever an application for variance has been considered and denied by the City Council a similar application for the variance affecting -Substantially the same Droperty shall not be considered again the Planning Commission or Cit Council for at least one year from the date of its denial except as follows: If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous variance application have changed significantly. 2. If the City Council determines that the circumstances surrounding a revious application has than ed si nifl antr 3. If the City Council decides to reconsider such natter by a four -fifth's L415 s Grote of the entire City Council. 20-6-4: AGREEMENT: The variance_ ....... the sti ulations limitations and conditions therein shall be appl.ied to the property in question. All written and -graphic. materials officially submitted to the City shall be treated as a formal a re meat between the applicant and the City. Once approved, no changes, modifications or alterations shall e made to any p.l.an detail standard or s ecif[cations. without prior submission of a plan modification request to the Zoning Administrator for review and approval. roval. 0 20-6-45: EXPIRATION of VARIANCE APPROVAL: A. Unless otherwise specified by the City, if within one 1 year after granting a variance the use as allowed her the variance shall not have been initiated or utilized, then such a variance shall become null and void unless a petition for an extension of time in which to complete or utilize the variance has been granted by the Zoning Administrator provided that: The extension is requested in writing and filed with the City at least thirty (30) days prior to the expiration of the initial variance request. 2. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the variance that has been granted.. 6-1 3. A maximum of one 1 extension shall be granted. . The extension shall not exceed sift' 60days from the initial variance expiration date. B. There shall be no charge for the filing of a petition for the extension described in Subsection A$ above. 20-6-,56: PE FO I ANCE SECURITY: A. Upon approval of a variance, the City shall he provided, where deemed necessary by the City Council, with a performance security as approved by the City Attorney prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall guarantee conformance and compliance with the conditions of the variance and City ordinance provisions. B. The security shall be in the amount equal to the Zoning Administrator's estimated costs of labor and materials for the proposed improvements or development. C. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and City Code provisions has been issued by the Building Official. D. Failure to comply with the conditions of the variance or appeal and City Code provisions shall result in forfeiture of the security in whole or in part depending upon the degree of non-compliance and at the discretion of the City Council. E. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the variance. said agreement shall bold harmless the City for completion of the work and address other natters as may be determined by the City Attorney. 20--6-7: CERTIFICATION of TAXES PAID: Prior to awroving an application for variance the applicant shall provide certification to the Cit drat there are no delinquent proDertv taxes s ec[al assessments.......interest,,.. r City utility fees due n the parcel of land to which thea [[cation relates. 6-11 SECTION 7 ADMINISTRATION ATIO[ , APPEALS Section 20-7-1: Board Designation nation 20-7-2: Applicability 20-7-3: Pr edures 20-7-4; Star of Proceedings 20-7-5: Appeal 20-7-1: BOARD DESIGNATION: The City Council shall serve as the Board of Adjustment and Appeals. 20-7-2: APPLICA ILITY: An appeal shall only be applicable to ars Interpretation of legislative intent of provisions of this Chapter. City Staff opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. 20-7-3*9 PROCEDURES: AF An appeal from the ruling of an administrative officer of the City shall be rade b the property owner or their agent within thirty 30days after the making of the order being appealed. B. The property owner or their agent shall file with the City a notice of appeal stating the specific grounds upon which the appeal is made. C. Any appeal filed shall be comprehensive and include all matters subject to question. Subsequent appeals filed by the sane individual or group which are intended to cause unjustifiable delay in the decision making process shall not be accepted by the City. D. The filing of an appeal shall be accompanied by a fee as provided for by City Council resolution. E. The Board of Adjustment and Appeals shall rale a Finding of Fact and its decision by resolution within sit 60days from the date at which the City Council fiat considered the appeal. 20-7-4: STAY of PROCEEDINGS: An appeal stars all proceedings in furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the --1 certificate a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, on notice to the City. 20-7-5: A PEALS FROM DECISIONS of THE BOARD of ADJUSTMENT AND APPEALS: Any person or persons or any board, taxpayer, del arty ent, board or bureau of the City aggrieved by any decision of the Board of Adjustment and Appeals, shall have the right to seek review within thirty 3 days of the decision with a court of record of such decision in the manner provided by the lags of the State of Minnesota, and particularly Minnesota Statutes, Section 462 as such statute may be from time to time amended, supplemented or replaced. 7-2 SECTION 8 0 ASD TMST ACTIO - ADMINISTRATIVE PERMITS Section 20-8-1: Purpose 20-8-2: Procedure R-2. 1nfGrn-wn+;nn Rao, OwQmanf .. ,.. 20-8-43: Performance Standards 20---: Agreement 20 —8-5: — � 1"Y a n 00 1 1 F'l 11 T' '+Ie I rig Y1 N i r 1f 20-8-6: E iration of Administrative Permit co al 2--7: certification of Taxes Paid 20-8-1: PURPOSE: The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, with the goal of protecting the health, safety, and welfare of the citizens of the City. 20-8-2: PROCEDURE: i< * i4 i i * w i4 w AN&A&h 1w mF Ij!Iiiji I i I �i�j� I I� t bij i i +# #- i A *+ i* * it I i! A w7ow'ar + ism ArAR%TAi- i = 1 i C s s s � # i III, a I 10 VW . i< .1111M Am ALi * • A i i +•• 1 W at 10LYFA1 A. Request for an administrative permit shall be filed with the City on an official application form and orocessed in accordance with this Section and Minnesota ota Statutes 15.99. An application shall be accompanied by a ee as Drovided for by Section 2-4-2 of the City Code. 2. Such app.l.ication shall also be accorr anied detailed written andra hic ,materials fully explaininq the proposed charge, development, or use including the information required.. Section_ 20-9-6 - f this Chapter. 3, The reauest shall be considered as being official[ submitted when the Zoning Administrator determines that all the information r uirements are complied with. 4. The on[r Administrator shall have the authority to re uest additional information from the gMlicant or to retain expert testimon at the expense of the (r ant said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. . Failure on the part of the a licant to supply all necessarv-supportive information rnay grounds for denial of the re uest. B. Proof of Ownership or Authorization: The applicant shall supplY Proof of title and the legal description of tinero erty for which the administrativepermit is ............ . requested, cons istin of an abstract of title or registered property abstract currently certified to ether with any_unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownershiD interest and as applicable su piy documented authorization from the owner(s) of the. property. In uestion to proceed with the requested interim use permit. C. The Zoning Administrator shall review the application and related materials and shall determine In consultation with other City staff as may a appropriate, that the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards, D. The Zoning Administrator shall consider possible adverse effects of the proposed events or activity. Judgment shall be base upon (but not limited to) the following factors; 111111 11im M Ah i All 11111111110ILi ■ + + iw ■ ia4 w R AA A 1 i i i + + + + ■ 9 !WA NOW1 a U i i I I I N i► a�i t AL i a ■ + # + * i + i + i i ii A # # ■ i • r A A A +� i i< i- i i - ■i 1krWjLW3�W3R'Pillllli' 1 1111111 1 .11 1! f w r i # t # s * i ■ ii # i ■ i ■ w A A w w # # ii A _a IL'gFjr r PON w 9W qF 9W 0 A ii i � � 1 •i A A i i A s R Ali■■i■�Cif��!ir�w!Irr1?*1l�l • w72 1-50 d w A A A A +� #it # i i i i i i + i+■ i< ■<NoMAW A ik #■ A + iAN W A6ii � A A A +, #ban 111111111 ill 11 1 11 + A + + A ■r A A w -GF lilli # w # 'a i i■ ii - # a i a jil 0JKWJO * * # iV A A W R g #40Pj%jL4W]Naq -V .,& WdLqPl1LW2 A M1 W Will + +■ ■r i ! A -dr. -F -4A w i Wi A A # A i< * # i< i * i A # Aim � w► � � + i i< � i4 �+ a i i< i i it � i i � A � � it R R 7! R V R R R R R T T jzf:PndnrdQiw fhicti2h:infor vIIIIIIiP R 9 9%4R R R The proposed auction's consistency with the e ifl policies and rovlslons. f the Otsego Com reh nslve Plan. 2. The ro osed use's compatibility with resent and future rand uses of the area. 3. The oroposed use's conformit with all performance standards contained within the Zoning Ordinance and other Provisions of the City Code. t Traffic generation of the proposed use in relation to abilities, of streets serving the property. 5. The Droposed use can be accommodated by e istinpublic services and facilities and will not overburden the City's service capacitv. administrativeE. The Zoning Administrator shall make a determination on approval or denial of th...... permit i i # ivNi waw i- a a r •r � R T # f 1 n # o # i i i# Q + # * # Aill i i ii *# # # w i J rhit ++ ifil i # �# + iw ii i # #iI * iAif %.4 IL +� R YI %L1 I No R R # wl► # 7R R PwFR J 1 9 1 1&# F A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter shall be attached to the permit. G. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant In writing and the application for the permit shall be considered denied, -s u6thon—fon 11CI VV dnuz nf 'math r r r'+ t .._.._ t_i [ i# ro vi ed n I � _ d a and the Zoning Administrator shall provide the applicant and Droperty owner with written notice of the City Council's findings of fact and decision reaardina the application. H. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section of this Chapter. i R !WJ FA I 112MVIIII INIM11MkWALIRVIR 0 III :* i AJ i # *+ v 11q:11;2Y # i i i # ik + # Ah + i4 �► MUM i i i< + i # i i a i i i d 091, AL A A #F i i i • # i4 i i i i< # A oto o iY e i all` i i i i i< i i it ! *# * i4 A A i (1. i, a G� M R R # 7 Y ! # !ZI # franGesR # innknnn i< + mpridinct Anti -drivinn areas iMihm * aGIGuratcaht i w ifj=i i # i i4 i 1 t i i i, i # # ! # 7 ! •R Y # ! ! ! # 7 R T' iAlso rI dFAA A i + All i i i i it ii + i it !+ A i# iA A i 1 'r ! ! ! R i+ ■ A * A A w i+ i* A i# # + iW- M! A A w T R ! # # 7 # f R# V1111 w w i i + +* i # i A ++ # # *r ! # 10 ILWs owl # rmo .JL.I + i A i * #► it III1 NA Il w ++ ++w i # 1,111111 i .. ON i#A III i111111 i A A 1 i i i + i A i A i # # 1111,111 f 7 ! R f WtIff R # ! # # 7 # ! # i + •• * i # R i w i i i< -IV i � T W # # MT # # i A � A i A �'► A � � i � A i � � � A i i � � iA i � i< � � � 20-8-43: F MA CE STANDARDS; All uses, events or activities all w d by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. 20-8-4: AGREEME Ti The administrative oermit and the stb lati ns.! limitations and conditions therein shall be appl.ied to the property In question. All written and graphic materials rialsoff lciall ub itt d to the City shall be treated as a formal Lqreement between the applicant and the City. Once approved, no changes, modifications or alterations shall be rade to anv plan detail standard ..... ...r specifications without prior submission f c lan modification request t the Zoning A. .dministrator for review and arival, i it +�► i+ i i< i iti< i it iV iG R # A it i i #1/ 7 # • Y ! R R ! R # R #I ! LI I I %drillIIIIIIIp + A i91)-11 A A i a N/ii< i* i, #* *+ �� it A A i i i # i \I 7! ! T R ! F # # M Y ! 7 # # # # i i A i Is, it + z A r -Aga i & n I i n it in rrn 1 onloulwaptA i # %0 L 1,1 %J,S,! # #EsJLV€ -=AL-- MIE#7■1EE�� J�l�li#�iL J■ 1 1E!■lR-WrIr:W! # NON -PERMIT APPROVALS: In cases where the Zoning Administrator is given a r val authority without a reauirement for an administrative permit determinations shall be based upon the criteria outlined in Section 20-8-2.D this Chapter. 20-8-6: E PIRATI N OF ADMINST ATIVE PERMIT APPROVAL: Unless otherwise specified by the Zoning Administrator at the time it is authorized ars administrative permit shall be null and void and expire if the applicant fails to utilize such administrative ermit and fulfill each and every condition attached thereto within one vear from the date of its authorization unless a petition for an extension of time in which to cora lete r utilize the permit has been ranted bthe Zoning Administrat r i2rovided that: A. The extension is re nested in writing and filed with the City of least thirty� days p.rio.r to the a nlrati n of the initial administrative permit request. B. The re nest for extension states facts demonstrating that a good faith attempt has been made to corp Tete or utilize the use or activitv Permitted in the administrative permit. C. A maximum of one (1) administrative extension shall be granted* D. The extension shall not exceed ninety days from the initial administrative permit expiration date. E. There shall be no charge for the filing f petition for an administrative extension, 20-8-7. CERTIFICATION OF TAXES PAID: Prior to awroving an application_ for an ar endment the li ant shall 12rovide certification to the City that there are n delinquent property takes, special assessments, interest, or C.ity.... tility.. fees _ due uon the parcel of land to which the application relates, SECTION 9 ADMINISTRATION - SITE/ rLDING PLAN REVIEW Section 20-9--1: Purpose 20-9-2: lir Application 20-9-3: ! 1 l 1 1 T l LS f S e 20-9-4: Pkain. -Agreements 20-9--5. Expiration of Site and uil [n Plan Approval 20-9-6: : Information Requirement 2--: Performance Su& 20-9-8: Certification of Taxes Paid 20-9-1: PURPOSE The purpose of this Section is to establish a formal plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards as agreed to by the contractor through officially submitted plan documents. P1 Ahl 12P(711 1[Prmr)- in t ■ s s i s 20-9-2: f +t s a - d nnd izh�fl te nnd Qh:�%[] ha rg + a ■ a anon r ■ ■ Irl eF in the WI "ICY %41i faI er ,;t.AP LICATIo : Except in the case of minor projects,. additions or alterations or accessory uses, as determined by the Zoning Arninistrtor, all building and site plans for........tornhousernult* farnity, commercial, or industrial construction shall be subject to review by the Planning Commission and ..a p rova l by the City Council. A #I i jillj�jIlip i * *libil . .. #i * i + � + i a ii •• ii me J�h FA A f� ti i i i IL MIMIILW�l i i +� la * i i i 41�rqJ # # A 20-9-3: PROCEDURE: 9-1 A. Request for site and building plan a Dr val shall bfiled with the City on an official application form and processed in accordance with this _ Section and Minnesota Statutes 15.99. An application shall be accompanied by a fee as provided for by Section 2--2 of the City Code. 2. Such application shall also be accompanied detailed written and graphic materials fully explainingthe r used chanw.,--develonment, or use including the information required bar Section 2--6 of this Chapter. 3. The reauest shall be considered as being officiallysubmitted when the Zonina Administrator determines that all the information requirements are complied with. . The Citv Council. the Plannina Commission. and the City staff shall have the authority to request additional information from the aEiat- r to retain expert testimonvat the emense of the applicant, said information is to be declared necessary to establish i)ecformance conditions in r iati n t all pertinent sections of this Chapter. 5. Failure n the part f the applicant t _ _sjyall necessary :s:- �: rtiv information may be orounds for denial of the reauest. B. Proof of Ownership or Authorization: The applicant shall supply roof of title and the l al d s ri tion of the property or which the site and build in ian angroval is reauested, consisting of an abstract of title or registered r rt abstract currently certified together with an unrecorded documents _- the petitioners acQuire a legal ownership or equitable rnershi interest and as applicable supr)lv documented authorization from the owner(s) the propertyin question to proceed with the requested sit_and building plans. C. The Zoning Administrator shall instruct the appropriate staff persons t prepare technical reports wherewplicable, and provide oeneral assistance in preparing a recommendation n the action to the Plan nin Com mission and Citv Council. D. The applicant or a designated reDresentative thereof shall aDpear before the PlanningCommisson n and City Council in order to answer aultestions concerninn the proposed request-. E. The Planning Commission and City Council shall the proposed site plan based Mpon compliancervith the COQ rhensire Planprovisions of this Chapter and other applicable chapters of the City Code. F The Planning Commission shall make a findin fact and recommend such actions or conditions r latin t the request as they deem necessary to carry out the intent and Dumose of the Chapter. G. The Cit Council shall not consider r act upon an li ati n until the have received a r ort and recommendation from the Planning Commission or until sixty days after the first r ular Plannin Com issi n meetina at which the reguest was considered. K Upon completion of the report and recommendation f the Planning Commissi n the reauest shall placed on the a na of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the Cily Council meeting-, lF if, receiving said reports and recommendations f the Planning Commission and City staff, the fit Council finds that specific inconsistencies exist in the review r ss and thus the final recommendation f the CLty Council will differ from that of the Planning Commission, the City Council may before taking final action refer the ratter back to the Planning -Commission for further consideration. F Approval of a request shall require assa a majo.ritv vote of the Cit Council. K The Zoning Administrator shall provide the applicant and property owner with written notice of the City Council's findings of fact and decision regarding the application. L. if a request for site and build in lan aopjoval receives approval of the Cit Pouncil,- the City at the applicant's expense,.. shall record such with the awropriate Wright Count office. No uildin rmits for the Droperty in question will be granted until recording of the action has been completed. 20-9-4. AGREEMENTS Ami to pn c+nnQ�f in ,inns effinialit1 i r ig ad f f, f ii�r`_-C'ohi chnil a � finci � nfnr n ���t � ...� y {{ R mneF i k nniz nr i nnQ Qh�ll ha mncl^ fn Pny * 7 { n[ n rl iI cfprtr1�rc1 r r+ifir+n#Orin �hfi� rpt tt... rinr__.... r �r+i—of a nlIan mod if aafi rt"isVJ 9%.19%.41 po11act fn fha fr, revopw unci Pn r The site and building plan approval and the sti ulatlens limitations and conditions therein shall be applied to the ormerty in auestion. All written and graphic materials officially submitted to the Cit shall he treated as formal agreement between the applicant and the City. Once approved,no chanaes, modifications r alterations shall be made to any plan detail standard. or specifications without prior submission of a. lan modification request to the Zoning Administrator for review and approval. MINOR 11111111 -118 IL IN �-A � *k WWWAM III Ir 91F AW1 I iII MA i iL 1 4 + 10& A MAL + an * ^ i i Wi # i A A A # i< i A 1■1 *■ i i A i W * # ■ W r� 20-9-5: EXPIRATION of SITE AND BUILDING PLAN APPROVAL: Unless otherwise specified by the City Council at the time it is authorized, approval of site and buildina dans shall be null and void and exire if the applicant fails to utilize such approvals and fulfill each and every condition attached thereto within one 1) year from the date of its authorization unless a petitionfor an extension of time in which to complete or utilizebe e permit has been ranted the Zoning Administrator provided that: A. The extension is requested in writin and filed with the CiLV at least thirt a prior to the expiration of the initial site and building plan aporoval re use t* B. The request for extension states facts demonstrating that a gLQod faith atteM t has been made to complete or utilize the use or activity ermitted site and building lar. C. A maximum of one 'i administrative extension shall be granted., D. The extension shall not exceed ninety days from the initial administrative permit expiration date, E. There shall be no charge for the filing of a petition for --n administrative extension., 20-9-6: INFORMATION RELel I T; The information required for all site plan applications shall consist of the following iters, and shall be_ submitted unless waived by the Zoning Administrator; A. Site boundaries, buildiftgs structures and other irr rover ent shall identified on site .- with a current certificate of survey, oreparedand si ned by a Minnesota licensed land srveyort depicting the folly: Scale of Ian (engineering scale only),.at one inch oafs fifty feet 1" 5Q or Cess. 2. North point indication. 3. Existing boundaries with lot dimension and area. . Existing site ire rover ent t 5. All encroachments. . Easements ents of record. 7. Legal description of the rerty: 8. Ponds, lies, springs, rivers or other waterwaygi-borderino on or running through the subject Droperty. site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the follow n . I. Name and addressof eveio er/owner. 2# Cane and address of arhitectdesi ner. 3. Date. of.. pl.an...prepa _rtin. 4. Dates and description of all revisions. t flame of oroiect orevelo r ent. 6. All proposed improvements, incluM F a# Required and proposed setbacks. b. Location setback and dimensions of all ro osed buildings and structures. C. Location of all ad`acent buildings located within one hundred feet loo of the exterior boundaries of the roe_t _estion. d. Location number, dimensions and setbacks of proposed parking spaces and drive aisles. e. Location number, and dimensions of pigposed loading aces. f. Location width and setbacks of all curb cuts and drivewa �. Vehicular circulation. h. Sidewalks s and trails trails. i. Location a,,n,d,..---yp.e of all proposed lighting, including details of all voposed fixtures and photometric illumination. i. Location of recreation and service areas. k. Location of rooftop equipment and ro osed screening., I. Provisions for storage and disposal of waste garbage, and reg clakles including details for screening exterior trash/recycling enclosures. W M. Location, sizing, and th e of water and severer system mains and proposed service connections. C. Gradin drama and erosion control plan, utilizing a copy of the current certificate of survev as a base for the site in question, prepared and si n d...y_...a_Minnesota licensed en Lineer,depiding the folloWinE. Existing contours at two foot intervals (may be prepared by a Minnesota licensed surveyor. 2. Proposed grade elevations at two foot 2) maximum intervals. I Drainaqe plan, ncluding the configuration of draina a areas and calculations. . Storm sewer catch basins invert elevations lype of castings, and type of materials. 5. Spot elevations (may be preDared by a Minnesota licensed surve or . . Proposed driveway grades. . Surface grater pondinctand treatment areas. . Erosion control measures. D. Landscaping plar utilizing a copv of the current certificate of surge as a base for the site in question, depicting the folloWn . 1. Planting schedule (table) containing: . ............Symbols. b. Quantities. C. Common names. d. Botanical names. e. Sizes of plant material. f. Root s ecifi atlon (bare root, balled and burlapped, potted, etc. . Special planting instructions. 2. Location, type and size of all existing significant trees to be removed or m ms ry d . 3. Planting detail shover all wecies to scale at normal mature crown diameter or spread for local hardiness zonel. 4. Typical sections with details of fences tie walls, planter boxes tot iota ionic areas, beans and the like. . Typical sections with details of lndaislan"tarter beds, and foundation plantings with identification of materials used. 6. tote indicating hover disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. . Delineation of both sodded and seeded areas with respective areas insuare feet. . Covera e i2lan for underground irrigation system, if any. . Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross -through section shall _h _ r vided ho rin the erg e tive of the site from the neighboring pro ert at the ro ert line elevation. 10. Other existing -or proposed conditions which could be exa ted to affect lan soaping, E. Otherplans and information as required by the ZoniM.Administrator in lu Ln but not limited to: Architectural elevations of all principal and accessory buildings color, and materials used in all eternal surfaces . 2. "T i l" floor plan and "t i aiIT room=plan drawn to scale with a umma of square footage for each use or atiyit. 3. Fire protection plan. 4. Extent of and any,promsed modifications to land within the environmental protection districts as established by chatro of this _aer: 5. Type, location and size area and height) of all signs to be erected upon the property in gue tion. 6. Vicinity map showing the subject property in reference to nearby hi h a s or major street intersections. '. Sound source control plan. . �T� Wetland delineation r WA 20-9-7: PERFORMANCE SECURITY: A. Except in the case of non -income producing residentialro ert excluding relocated structures), upof site and building plansthe City shall be ro ided. where deemed necessary by the Council, with a performance a "rit as appOpved by the CitV Attorney prior to the issuing- f uildin errnits or initiation of work on the prQposed improvements or development. Said security shall be non -cancelable and shall uarantee conformance and compliance with the conditions of the interim use ermit and the ordinances of the City. B. The security shall be in the amount equal to the Zoning Administrator's estimated costs of labor and materials for the ro oS-ed iMprovements or development. Said project may r e handled in stages upon the discretion -of the Zoning Administrator. C. The qt shall hold the security until completion of_the proposed improvements or development and a certificate of occupancv indicati%L corms Ilane with the interim use permit and ordinances of the Cit has been issued by the Cit Building Official., D. Failure to complv with the conditions of the site and building plan approval or the ordinances of the City shall result in forfeiture of the security in whole or in part d.epending upon the degree of non-compliance and at the discretion of the Cit Council. E. Whenever a wrformance guarantee is im o ed by the Citv. the a lieant shall e required to enter into a performance agreement with the CitThis a reement is to provide authorization to the Citto utilize the osted securityand complete sti ulated work should the.applicant fail to meet the teras and conditions of the hermit. Said agreement shall hold harmless the CAty for completion of the work and address other matters as may a determined the City Attorrter. .� - - 20-9- . CERTIFICATION of TAXES 'AID: Prior to approvinganapplication for a site and building plan review, the applicant shall ro ide certification to the city that there are no delin went ro ert taxes eeial a sessment� interest or cit unlit fees due Won the parcel of land to which the site lan and building review apNication relates. :', �� @ $ $ $ _ _ $ Am OF 11 W _ $ $ _ & - ■ $ - - - kr__M - - _ _ a - Well _ a _ _ ■ ■ ■ _ - _ _ a ■ a ■ a - m - ■ a ■■ ■ -Iiia ■ s _ a I I I � $ _ - $ ■ ■ $ $ ® $ _ @ _ , ■ _ @ @ J� _ $ . - � � @ @ $ _ $ ■■ $ _ ■ _ _ a 1116 !IHIM1111191 _.a - a ■ _ - $ � ij § _ § _kr-IM_ __ _ - _ _ _ - _ _ - - - _ a s - MTA _ a a - _ ® P"M$ _ a $ $ OIS&@MV! - $ 0 Em■ ��� � a � � a � ! ■ - ■ � ■ ■ - a ■ - a s a ■ a _ a . ■ ■ - ■ e a ■ AL @ _ $ _ @ @ $ - a ■ @ $ $ - - @ ■ ■ ■ _ a ■ - EvPXWM 31110 0 � it 2 - @ FAJ - I a FL - - I$ A - $ $ -NO - ■ - - - - - ■ I b $ _ $ ® $ $ - - - - $ _ $ _ ®ill _ _ @ $ _ _ $ _ ■ ■ _ $ $ 11i j� ■a $ _ @ $ . _ - _ _ $ $ = 5kPAL'AML%PA, _ $ _ I N Ll $ $ 10-1 SECTION 4.10 ADMINISTRATION -ENFORCEMENT AND PENALTIES Section 20- 10-1: Administration and Enforcement 20 -2+ Penalties 111Wr tien R.C.I. 20 10-1: ADMINISTRATION AND ENFORCEMENT: A. This Chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the City of Otsego any appropriate actions or proceedings against a violator as provided by statute, ordinance, or code. B. If the provisions of this Chapter are being violated, the City shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural charges thereto; discontinuance of any illegal work being done; or shall tale any other action authorized by this Section to insure compliance with or to prevent violation of its provisions. C. The City reserves all rights to enforce violations of this Chapter throw h administrative, civil rr_mi _l__. ro eedin 1# 20 -2: PENALTIES; VIC)l ATIC I AK Pr►I�rUP ,TS Any person I o violates any of the provisions of this Chapter shall, upon conviction thereof, be fired not more than the maximum penalty for a misdemeanor prescribed under state laver. Each day that a violation is permitted to exist shall constitute a separate offense. SECTIONS 12 - 1 RESERVED 2-1 SECTION 1 NON -CONFORMING LOTS, BUILDINGS, STRUCTURES AND USES Section 2-15--: Purpose 20-15-2: Ion -Conforming Lots of Record 20-15-3: General Provisions 20-15-1: PURPOSE: It is the purpose of this Section to provide for the regulation of legal non -conforming lots, buildings, structure, and uses and to specify those requirements, circumstances and conditions under which legal non -conforming lots, buildings, structures, and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in. that district. It is necessary and consistent with the establishment of these districts that non -conforming lots, buildings, structures, and uses not be permitted to continua without restriction. 20-15-2: NON -CONFORMING LOTS OF RECORD: 13 A. Vacant Lots. 1 For the purposes of orderly development, a single family dwelling and customary accessory buildings may be erected on non -conforming lots of record at the effective date of this Chapter, provided: a. The lot fronts on an improved public right -of -gray. b. The use of the lot is consistent with its current zoning designation. C. Frontage, depth and area requirements are at least seventy-five (75) percent of the minimum requirements of the district where the use is permitted. d. Unsewer d lots have a lot area and soil conditions judged by the City Engineer to satisfactorily provide for private on-site sewage treatment. 2. If the owner has an interest in more than one lot of record contiguous to other lots of record, all such lots must be combined to meet the requirements of this section or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any 5- proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district. 3. The preceding subsection I is not intended to permit a reduction in setbacks or required cards. 4. In the event that the measurements of such lot's area and width do not comply with subsection I above, then approval for the construction of a single family dwelling may be requested as a conditional use permit, subject ars regulated by Section 4 of this Chapter. B. Developed Lots. An existing conforming single family use on a lot of substandard size may e expanded or enlarged if such expansion or enlargement meets all other provisions of this Chapter. 20-15-3: GENERAL PROVISIONS: A. Except as provided below, any non -conforming structure or use lawfully existing upon the effective date of this Chatter shall not be expanded, _enlarged, intensified or reconstructed, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. For the purposes -of this section, the following teras shall be defined as follows; 1. Expansion. enlargement. or intensification: Anv increase in a dimension size, area, volume* or height, a.....ir in the area of use, anv Oacement of a structure or part thereof where none existed before, ariy addition of a site feature such as a deckpatio, fence driveway, arkin area or swimming pool, any.irn rovement that would allow the land to b more intensely developed, anv move of op-grations to a new location on the propor an increase in intensit of use based on a review of the original nature function or purpose of the nonconformiRg use the hours of r eratlon. traffic; parking* noise, exterior st g , 3i- gns3 exterior lightinj tvDes of pperations, typesf goods or services offered odors area of eration number of employees, and other factors deemed relevant by thefit t 2. improvement'. Making.. the nonconforming use better, more efficient r more aesthetioall leasin ----inol d ing any change that does not replicate what preexisted, but does not include anexpansion, ----- - ............. . en arern or intensification. 3. replacement, reconstruction or restoration; Construction that exa tl matches preexisting conditions. 152 B. Anv to al nonconformity. inoludina the lawful use or 000uoation of land or premises existina at the time of the adoption of an additional control under this ha ter arra be continued includ ing through repair, replacement, restoration maintenance, or Ln rover rent, but not includi.nq expansion, except._ ifi ly provided in this Section, unless: The non onforrrnit or occupancy is discontinued for a period of more than one 1 year; or 2. Any nonconforming use is destroyed. -by fire or other oeril to the extent of neater than fifty percent of its market value as determined by the City, and no building—permit has been applied for within one hundred eighty (1 80) days of when the property is damaged. In this case the Cty may im ose reasonable conditions upon a building vermit in order to mitigate any newly created impact on adjacent,property. 3. Any cube uet use or occupancy of the land or vremises. shall be a conforming use or o ou anoy. C. Any proposed structure which will, under this Chapter, become non -conforming but for which a building permit has been lawfully granted prior to the effective date of this Chapter, may be completed in accordance with the approved pians; provided construction is started within sixty 6 darn of the effective date of this Chapter, is not abandoned for a period of more than one hundred twenty `I 20 days, and continues to completion within two 2 gears* Such structures and use shall thereafter be a legally non -conforming structure or use. GD. Except as herein provided, normal maintenance of a building or other structure containing or related to a lawful non -conforming structure or use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non -conforming use or structure, DE. Except as herein provided, alterations may be rine to a building containing lawful non -conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units, or size or volume of the building. A dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this Chapter. F. A legal non -conforming, single family dwelling unit may be expanded to improve livability as a conditional use, as regulated by Section 4 of this Chapter, provided that the non -conformity is not increased. M MIL LWAR me I M Lmtmqr w W r w f w w • W w -%JEW F_ in At IM* .+ A AT-A-1,1111WPI 0, f --=t i i a i i i 'r 'W � f ISO -PA MNMP lall Ah dL Ah & w w wa MI MA V -w w w . R -AM aws - && "F w w w 15-3 Ri 9 r% i i ii k tji i i< i A � i Am ii � M* Z * A f+ A A i :3 i A# A * A A * i< A A f i ii i IIIII 7 # f # ! # 1.0 # # / # I.F # f # # Y ! # # f f f a # + A i ii + i i i i i Avs.nr%'&:.ii # # #* A# * A # A # 7 ! ! 7R # Y f # # T 7 # 7 !1 9 9 1 U=:*1-41% 11 ! ! + i< i i RE it i A A A i + i + * + I Y -K -O -F -F[ %W Iii + i T f ! ! f f ! �/ ! ! !I %L %J a i A A + � f -HG. When any lawful non -conforming use of any structure or lard in any district has been chanced to a conforming use, it shall not thereafter be changed to any non- conforming n - c of rming use. 1H. A lawful non -conforming use of a structure or parcel of lard may be chanced t lessen the non -conformity of use. Dace a non -conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non- conformity. o- confcr nit . sa- Aim A as A— . — i i.. +. A ►w j • R f R 7 # w # ! ! ! �r +� *mlljr f w R # ! ! # ! # me w A 'J���A A i##*v IN AMi 111MAT ! 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