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ITEM 5.2 Zoning Ordinance
:W CITY F 0 Ot MINNESOTA DEPARTMENT INFORMATION Request for City Council Action r. _ .:.._.. ...... .... ........ :............. ORIGINATING DEPARTMENT: ..... _._ _ ..._.... .._:....', REQUESTOR: __. _, ._ ........:... MEETING DATE: Planning City Planner Licht 13 January 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 5.2 -- Zoning ordinance AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of amendments to the Zoning ordinance related to administration and implementation. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. Held by Planning Commission 16 December 2013 BACKGROUND/JUSTIFICATION: 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, 3 to 15 and 96 of the Zoning Ordinance, which generally comprise the administrative provisions of the Zoning ordinance. Subsequent updates for chapters addressing general performance standards and zoning districts continue to be reviewed by the Planning Commission. The amendments proposed with this phase of work are summarized below: ■ The Zoning ordinance establishes in Section 1 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 like manner. The intent of this provision is to avoid creating non --conforming uses when a permitted use is changed to a conditional use. The same 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 mailed notice for properties within 350 feet of a property making application for one of these approvals. The City has established a greater 500 foot notification distance for rural properties based on platted and unplatted status. The Planning Commission discussed this issue and decided that a single standard distance should be adopted for consistency and that it should be that which is required by Statute. 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. ■ Conditional Use Permits: o Additional criteria are provided as to when an amendment of an existing CUP may be approved administratively or require Planning Commission review and City Council approval. o Provisions making the CUP an agreement with the property owner and allowing the City to initiate revocation of a CUP 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 revised to simplify the procedural requirements. Additional provisions are also added to 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 permit provisions in Chapter S 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 9 are expanded to 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 be 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 revised 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. ■ Note that Chapters 11, 12, 13, and 14 are to be reserved for future use. ■ The City Council at their meeting on 9 December 2013 amended the bylaws for the Heritage Preservation Commission to allow for up to two people who are not residents and/or property owners of the City to be appointed to the advisory commission. The HPC is established in Section 96 of the Zoning ordinance which also must be amended to allow for the change in membership eligibility and City staff has revised the language to require that a majority of the appointed members be residents of the City. The language in this section would allow for residents of rental properties other than the owner to be appointed. All appointments are subject to the process and criteria determined at the discretion of the City Council. The Planning Commission held a work session on 4 November 2013 to review the proposed amendments in detail. Based on the discussion and direction of the Planning Commission at that work session a public hearing was held on 16 December 2013 to consider the proposed amendments formally. There were no public comments and the Planning Commission had no additional discussion. The public hearing was closed and the Planning Commission voted 5--0 to recommend approval of the proposed Zoning Ordinance amendments as presented. SUPPORTING DOCUMENTS; ❑ ATTACHED ❑ NONE A. Draft Zoning ordinance amendment B. ordinance 2014-01 C. Summary of ordinance 201401 POSSIBLE MOTION - ........... ._._... .............. ................. .................................. Please word motion as you would like it to appear in the minutes. Motion to approve the ordinance 2014-01 amending the Zoning ordinance and publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: ORDINANCE NO.: 2014-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-1-6 of the Zoning Ordinance (Title and Application) is hereby amended to read as follows: 20-1-6: CONDITIONAL AND INTERIM USES: Any established use or building legally existing prior to the establishment of this Chapter and which is now classified as a conditional or interim use may be continued in like fashion and activity and shall automatically be considered as having received conditional or interim use permit approval. Any change to such a use, or any other subsequently approved conditional or interim use, shall, however, require a new conditional or interim use permit be processed according to this Chapter. Section 2. Section 20--3-1 of the Zoning ordinance (Administration - Amendments) is hereby amended to read as follows: 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; , RE) SLIa-h , • r . i ■ a ...► v v wn a v ... v , �r rrr. r v v ■ ■ r . ■ . ■ . ..... r r rr. � ..... ..... r. . �+ � �. � . �_ . ....... � � � � � �.. . �.� Section 3. Section 20-3-2 of the Zoning ordinance (Administration -- Amendments) is hereby amended to read as follows: 20-3-2: PROCEDURE= A. Requests for rezenipqan amendment to the Zoning ordinance (text or ma shall be filed with the Cit on an official application form and p� v processed in accordance with this Section and Minnesota Statutes 15.99. 1.—,,An application shall be accompanied by a fee as provided for by Section 2-4-2 of the Cit Code. 2. Such application shall ► ■ be accompanied +i + + (5,) r r r 1 i +A i ■ ■ + w ■(12) w i w ! r + ! i1 +�+ i ! rr w r r s : r r r r 3 eo nr I ef Ws Nr. %# f detailed written and graphic materials fully explaining the proposed change, development, or use including the information + r If in thp ! if f required by Section 20-9-6 of this Char)t,-. 1111 111 w■* 7nminrf Adminuctrntnr rodwaad + i w i(11" + r r r r r r %A r w• r 17") w i + + i him + i ! + ! + w ii i ■ C)f i + + ii fpre:41iz rr rr r r r r r r r r w I r w r r w i i + i ■ ww ! ii + ! 11 ! ■ + r rr r rr r r r r r r r i■ ! iifnr iA !+ w %.1 %�% Ir i w i w w Z:j i Pwf I I I FLY 0i w ""� += r .w r r 1.r r r r%1 nn tho d A ^f fl�& ta-fir-� rr err r r rr . r nnncilfanni 1 ljzp ermit Qhnll hn r . rnszd r r r r r r �I rr fr Ing1:1 w'h1a Pl�nnin w w i &.0 r wr r . r r wr r) R M r r G G r r r r it ! i d2im frnm w a i + i i i■ A R 3. The request shall be considered as being officially submitted when the Zonina Administrator determines that all the information requirements are complied with. 4. The City Counci-L _the Planning Commission and the City staff shall have the authorit to re nest additional information from the applicant or to retain expert testimony at the expense of the a licant and said information is to be declared necessa to establish performance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the part of the app.l.icant to supply_all necesaary supportive information may be rounds for denial of the re nest. 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 supply documented authorization from the owner(s) 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 following proper hearing notification as applicable. ' s �. 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 (1o) days prior to the hearing. 2. Written notification of said hearing shall be mailed to surrounding area property owners within three hundred fifty feet of the propert in guestonat least ten (10) days prior to the hearing. • a 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. -ED. 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 aoolicant or a designated representative thereof shall appear before the Planning commission and Citcouncil in order to answer uestions concerning the proposed request. Failure b == thea licant to attend meetin s at which the application is to be considered bv the Plannin Commission or City council may be grounds for denial of the 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: 91 �. 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 be accommodated by existing public services and facilities and will not overburden the city's service capacity. ■ + A ■ / + A ■ / ■ ii'FlaqVali,1,11 11,11i iB-114,12 r r r r r r ■ ■ i iA i / ■ + ■�■A + r r r / ■i ■ +rW �1111 i7pa + A �+ ■ + ■i i ■ i + + / + ■ + i ■ + A A rr� s r s NMIM.M411111 ►111 ■ / + w A i i ■ r� rr r r r rd! r 901, lift r r A ■ i A �► +� ■ ATI ■ + ■ A A i i■ ■■ s r �r �► r r r r w r i ■ + ..w A + � r w W ■ A ■ ii A i .w � + Al ■ i NNAM"AMMINOWNWIM s r r r W r r r r r A A ■ i ■ A i i+ i r r r r wr r r tG. The Planning Commission shall roGnmmend :rmnrniml er denial offhe make a findin of fact and recommend such actions or conditions relatinq to the request as they deem necessarylo carry out the intent and purpose of the chapter. JH. The city council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission or until sixty (00) days after the first regular Planning Commission meeting at which the request was considered. I. Upon completion of the report and recommendation the Planning commission, the request shall be scheduled for consideration on the agenda of the city council. Such reports and recommendations shall n be entered in and made part of the permanent written record of the City Council meeting. �J. Upon receiving the report and recommendation of the Planning Commission and the City staff, the city Council shall have the option to set and hold a public hearing if deemed necessary. MK. 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 taking final action, refer the matter back to the Planning Commission for further consideration. Tho C'1*fw mi lI N.0 %_0 J %.Y 1-.0 %�F " Ima-H chAl �••€.lo the IQ nrex 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 a Zoning district from agriculture or residential to business, industrial, or planned unit development that allows for commercial or industrial uses shall require a four -fifth's (415's) vote of the City Council, M. The Zonin Administrator shall -provide the applicant and property owner with written notice of the Cit Council's findin s of fact and decision regarding the application. 0N. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. The Cit Clerk at the applicant's expense, shall record the ordinance with the appro nate Wright County office, No building permits for the propertv in question will be granted until recording of the action has been completed. -Po. Whenever an application for an amendment has been considered and denied by the City Council, a similar application and proposal for an amendment affecting the same property or ordinance change 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: �. Applications are withdrawn prior to the City Council taking action on the matter. 6 2. If the City Council determines that the circumstances surrounding a previous application have changed significantly. 3. If the City Council decides to reconsider such matter by a four -fifth's (415's) vote of the entire City Council. Section 4. Section 3 of the Zoning Ordinance (Administration - Amendments) is hereby amended to include the following provisions: 20-3-4: CERTIFICATION of TAXES PAID: Prior to ap provian an aanlication for an amendment the applicant shallrovide certification to the City that -— there are no delinquent propeffiLtaxes, s ecial assessments interest or City utilit fees due upon the parcel of land to which the application relates. Section 5. Section 20-4-2 of the Zoning Ordinance (Administration - Conditional Use Permits) is hereby amended to read as follows: 20-4-2: PROCEDURE: A. Request for a conditional use perm ita lJ+ham+%A a1w r c��f��,ri y shall be filed with the City on an official application form and processed in accordance with this Section and Minnesota Statutes 1 5.99. 21 1rh application shall be accompanied by a fee as provided for by Gi+.. �� �nr��1 oar -.1. +��nSection 2--4-2 of the Cit Code. 2. Such application shall also be accompanied by filAe - ■ ■ ■ ■ - - ■ - i - A - i i .... %.R - detailedwritten and graphic -fully explaining proposed change, development, or use including the information -r -■ i - •20-9-6 ■ . r - A- - a■ .� i - i - i ■ i(1111 111 - = . ■ r ■. ■ / i r %r r / r / v / nShnll A w ro i - i ■ - A ■ AA - A 11 i- 1 ■ ■ ■. .. ■ eww / lA w ■ r - w� A ■ ■ - req, - A r r �w it A A A A■1 miz i- AA i i +� i - iA A ■- i-■ A A ■- %r : / r r% / r r / r r w r r. . ahliz �ffizr fiffinpn (I mmosslen meet' w r r r,czerr r r r / r GF in A ■ ■ i Al AA . - . fin A i ■■ A ■ r r w/ r r r. r Lon 3. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. 4. The City council the Plan nin commission and the City staff shall have the authority to re -quest additional information from the appl.icant or to retain ex ert testimony at the ex ense of the a licant and said information is to be declared necessa to establish -performance conditions in relation to all pertinent sections of this chapter. 5. Failure on the part of the applicant to supply all necessary supportive information may be arounds for denial of the request. 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 Planni-ng ommission following proper hearing notification as applicable. �. Notice of said hearing shall consist of a legal property description and description of request, and be published in the official newspaper at [east ten (1o) days prior to the hearing. 2. Written notification of said hearing shall be mailed to surrounding area property owners within three hundred fifty 350feet of the property....in question at least ten (10) days prior to the hearing. 3. A copy of the notice and a list of the property owners and 7 addresses to which the notice was sent shall be attested and made a part of the records of the proceeding. -84. 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. -ED. 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 Plannin_a Commission and City council. E. The aoalicant or a designated representative thereof shall appear before the Planning commission and City Council in order to answer questions concerning the proposed request. Failure by the app.l.icant to attend meetings at which thea [ication is to be considered by the Plannin Commission or City council ma be arounds for denial of the request. F. The Planning Commission and city council shall consider possible adverse effects of the proposed conditional use. Their judgment shall be based upon (but not [invited to) the following factors: 'l. 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 be accommodated by existing public services and facilities and will not overburden the city's service capacity. i � A A ■ � � ■ A i i ■< ■■ ■■ � i ■ i � � s w r r r r w ■r w w i i i w A ■■ A A 1 ■ ■■ A i r r +r I Lj ILI s r w r w w% r s a J I ■ � ■��I■�itlTl�l i !■ ■ i i ■ a i A i r rr w s %I n► ■ i ■ I A i■ i■ A i i■ a i+ ■■ �1�7t��' r1�1�■■L�Jts' r a 9 r !WA A i ■ A AA S■ 1r w +err 8 tG. The Planning commission shall 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. 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 (6o) days after the first regular Planning Commission meeting at which the request was considered. -KI. Upon completion of the report and recommendation of the Planning Commission, the request shall be scheduled for consideration 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. -LJ. 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. -N4K. 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 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 back to the Planning Commission for further consideration, T -e r --L. Approval of a request shall require passage by a majority vote of the City Council. X M. The Zonina Administrator shall rovide thea licant and property owner with written notice of the City Council's findings of fact and decision regarding the application. N. If a reauest for conditional use permit receives approval _ of the Cit Council, the City clerk at theapplicant's expense, shall record such with the appropriate wri ht County office. No build in ermits for the property in auestion will be granted until recording of the action has been completed. 0. Whenever an application for a conditional use permit has been considered and denied by the city council, a 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: �. If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous conditional use permit application have changed significantly. Z. If the city council determines that the circumstances surrounding a previous application has changed significantly. 3. If the city council decides to reconsider such matter by a four -fifth's (415's) vote of the entire city council. r r r r r r r MAN im is 4M r r r wr ' r %W i i A r r A i i i - 1 a s r r r r r r r i . i■ - ■ i i i EMKIMILVIRMULWWW r r r r i all ir +�► .. i i a ■- wr . i r +—.�►� r r r r r r Section 6. section 20-4-3 of the Zoning ordinance (Administration — conditional Use Permits) is hereby amended to read as follows: 20-4-3: The approval of a conditional use permit and the stipulations, limitations and conditions therein shall be applied to the property in question. Al[ written andra hic materials officially submitted to the Citv shall be treated as a forma[ agreement bb_etween the applicant and the C.i. Once approved, no changes, modifications or alterations shall be made to an [an detail standard or s ecifications without prior submission of a plan modification re nest to the Zoning Administrator for review and a royal. 10 Section 7. Section 20-4-4 of the Zoning Ordinance (Administration — conditional Use Permits) is hereby repealed in its entirety and subsequent sections renumbered accordingly. .r v r r r w r r r lliI �I t■ i i■ � i+ i■ i i �■ A r r a r r •r r r r r r r �r r M r rr r + ■■ ■ i ■ A i i■ + A ■ a + + ■! A + i i ■ IN +A Wells i i r r r r r r r rr w w r r r i ■■ ■ i 1111111 i i + ■ ■ ■ • + i A ■ / i + ■ A. Mqc TiMr.". r r ■+^ 111 + I or r r r r r rr r r r A r a i A ■ i i i t ■■ i A 11 i i A i � ■ i a i. i AA w ■/ W ■ Al a N r N w ENEMIAIMVl!XV&q1!'12FMK-W 10 LM SO LW -A, W4402M i i■ i ■ i A ■■ i i i s i - i N i ■T1 I ■ i MONSOON W1 N N w = w tialwhifillim Section 8. Section 20-4-5 of the Zonin0 Ordinance (Administration - Conditional Use Permits) is hereby amended to read as follows: 20-4-54: AMENDED CONDITIONAL USE PERMITS: Il In •7i99©n`'"�o%d r'^neditinrmaI i ice© • •finip a • • , • a a h,ndire +h;QI I w C%.If 1hnn1%.4 r The owner of a propert with a conditional use—permit %-0, %-F w 9 1 1., %..w %A Ismay ro ose an amendment to modify the conditional use at any time. No changes in the approvedplans', intensity or scO e of the conditional use shall however be undertaken without riot a roval of those chan es b the QRY-- Requests for permit modifications shall be processed according to section 20-4-2 of this Chapter and shall be subject to all re urements and standards of this 12 Cha ter except that those permit modifications meetinci the following criteria as determined b the Zoning Administrator, may be approved administrativelv in accordance with section 8 of this Cha ter: A. Only applications for preexistina uses or uses explicitly..classified as allowed uses including accessory uses by the approved conditional use permit governing the use of the property are eligible for administrative approval. B. The permit modification shall not result in an increase in hours of o eration, traffic employees, or number of dwelling units expand an principal building or otherwise increase the intensitv of the use of the site. C. The permit modification shall comply with all re uirements of the applicable zoninq district and all other performance standards of this Chapter or the City Code. D. All applications for permit modification shall be complete and in full accordance with the re uirements of section 20-9-5 of this Chapter. Section 9. Section 20-4-5 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to read as follows: 20-4-65: GA"'r�L L ..._._EXPIRATION 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 every 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 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 conditional use permit request. 2. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the conditional use permit. 13 3. A maximum of one (1) administrative extension shall be granted. 4. The extension shall not exceed ninety (90) 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 a recommendation from the Planning Commission and City staff, the City Council may grant an extension of the conditional use permit of greater than ninety (90) days provided that: The conditions described in subsection 20-4-5.A.1-3 above are satisfied. 2. The extension shall not exceed one (1) year from the initial conditional use permit expiration date. 3. The filing of a petition for extension is subject to fee requirements established by City Council resolution. Section 10. Section 4 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to add the following provisions: 20-4-0: REVOCATION OF CONDITIONAL USE PERMITS: A. The Plannina Commission may recommend and the CitCouncil ma direct the revocation of any conditional use oermit for cause Upon determination that the authorized conditional use is not in conformance with the conditions of the -permit or is in continued violation of this Cha ter cit codes or other applicable re ulations. B. The City Council or Planning Commission shall initiate an application and the Zonin Administrator shall notify.the responsible person that thev have an o ortunit to show cause wh the oermit should not be revoked. C. Thea lication shall be processed and considered -pursuant to Section 20-4-2 of this Chapter. Section 11. Section 4 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to add the following provisions: 14 20-4-8: CERTIFICATION OF TAXES PAID: Prior to approving an application for an conditional use -permit, the applicant shall provide certification to the Cit that there are no delinquent property taxes special assessments interest or Cit utility fees due upon the parcel of land to which the application relates. Section 12. Section 20-5-2 of the Zoning Ordinance (Administration - Interim Use Permits) is hereby amended to read as follows: 20-5-2: PROCEDURE: A. Re nest for an interim use permit shall be filed with the Cily on an official a lication form and rocessed in accordance with this Section and Minnesota Statutes 15.99. An aoplication shall be accompanied bv a fee as provided for b Section 2--4-2 of the City Code. 2. Such application shall also be accompanied by detailed written and graphic materials fully explaining the prQposed change development, or use includina the information re uired by Section 20-9-5 of this Chapter. 3. The re nest shall be considered as being officially submitted when the Zoning Administrator determines that all the information re uirements are complied with. 4. The Citv Council, the Planning Com.missiont and the City staff shall have the authority to rec Luest additional information from the applicant or to retain expert testimonv at the expense of the applicant and said information is to be declared necessa to establish -performance conditions in relation to allertinent sections 15 of this Chapter. 5. Failure on the part of the applicant to supply all necesaary supportive information may be rounds for denial of the re uest. B. Proof of Ownership or Authorization: The applicant shall supp.lv r)roof of title and the legal description of the pror)ertv for which the interim use permit is requested, consisting of an abstract of title or registered property abstract currently certified to ether with anv unrecorded documents whereby the petitioners ac uire a le al ownership ore uitable ownersh[ interest and as appli.cable sur)r)[v documented authorization from the owners of the p.ror)erty in auestion to pLoceed with the reguested interim use permit. C. Upon recei t of said a lication the Cit Clerk shall seta public hearin to =7-- be conducted by the Planning Commission following proper hearin notification as applicable. 1. Notice of said hearing shall.....consist of a legal oropertv description and description of re -quest, and be ublished in the official newspaper at least ten 10 da s prior to the hearin . 2. Written notification of said hearing shall be mailed to surroundin area propertv owners within three hundred fifty 35o feet of the propertv in guestion at least ten 10da s rior to the hearin . 3. A copy of the notice and a list of the propertv owners and addresses to which the notice was sent shall be attested and made a part of the records of the roceed[n . 4. Failure of aproperty_owner to receive said notice shall not invalidate anv 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. D. The ZoULng= Administrator shall instruct thea ro riate staff persons to prepare technical reports where applicable, and provide general assistance inpreparing-a recommendation on the action to the Planning Commission and Citv Council. E. The -applicant or a designated re resentative thereof shall a ear before the Planning Commission and City Council in order to answer questions concernin the proposed request. Failure by the applicant to attend W meetings at which the application is to be considered bv the Planning Commission or City council may be grounds for denial of the re nest. F, The Planning commission and City council shall consider --possible adverse effects of the ro osed interim use. Their judgment shall be based upon but not limited tol the following factors: 'l. The prop=osed action's consistenGy with the s ecific olicies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's com atibilit with present and future land uses of the area. 3. The proposed use's conformit with all erformance standards contained within the Zonina 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 be accommodated by existing public services and facilities and will not overburden the City's service ccppa_city.. G. The Planning Commission shall 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 Chanter. H. The City Council shall not consider or act upon an interim use permit until they have received a report and recommendation from the Planning Commission or until sixty days after the first regular._ Plannin Commission meeting at which the re uest was considered. 1. Upon completion of the re ort and recommendation of the Planning Commission, the request shall be scheduled for consideration 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 cit Council meeting. J. Upon receiving the re ort and recommendation of the Planning Commission and City staff the Cay council shall have the option to set and hold a public hearing if deemed necessa and shall make a recorded finding of fact and may impose any condition it considers necessa to 17 protect the public health, safety and welfare. K. if, upon receiving said re arts and recommendations of the Plannin Commission and City staff, the City council finds that s ecific inconsistencies exist in the review =pro.. cess and thus the final recommendation of the cit Council will differ from that of the Plannin Commission, the Ci.tv Council ma before taking -final action refer the matter back to the Plan nin Commission for further consideration. L, .....,,Approval of a request shall require passage by a majority vote of the cit Council. M. The Zoning Administrator shall rovide the apdicant and propertyowner with written notice of the City council's findin s of fact and decision regarding the application. N. If a re uest for an interim use permit receives approval of the City council the City clerk at theapplicant's expense, shall record such with the appropriate Wri ht Countv office. No building=permits for thero ert in uestion will be granted until recording of the action has been completed. o. Whenever an amAcation fgr.....an interim use ermit has been considered and denied by the cit Council a similar a lication for the interim use permit affectinq substantially the same propertv shall not be considered again b the Planninq commission or City council for at least one 1) year from the date of its denial except as follows: 1. If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous interim use permit application have chanced sianificantly. 2. If the City council determines that the circumstances surrounding a previous application has changed si nificantl . 3. If the Cit council decides to reconsider such matter b a four -fifth's 415's vote of the entire City council. Section 13. Section 20-5-3 of the Zoning Ordinance (Administration - Interim Use Permits) is hereby amended to read as follows: 18 AGREEMENT: The a roval of an interim use permit and the stipulations, limitations and conditions therein shall be applied to the ro ert in uestion. All written and gLa hic materials officially submitted to the CiW shall be treated as a formal agreement between thea licant and the Cit . once armroved, no changes, modifications or alterations shall be made to any plan detail standard or s ecifications without prior submission of a Ian modification re nest to the Zoning -Administrator for review and approval. Section 14= Section 20-5-4 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to read as follows: 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 interim use permit. B. Upon violation of conditions under which the interim use permit was issued. 19 C. Upon change in the City's zoning regulations whoahthat 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. Section 15. Section 5 of the Zoning Ordinance (Administration - Interim Use Permits) is hereby amended to add the following provisions: 29-5-5; AMENDED INTERIM USE PERMITS: The owner of a_ -Property= with an interim use permit may ro ose an amendment to modify the interim use at an time. No chap es in the approved plans, intensity or scope of the interim use shall however, be undertaken without Prior approval of those changes by the Cit Re nests for permit modifications shall be processed accord in to section 20-4-2 of this Chapter and shall be subject to all re uirements and standards of this Chapter, except that those permit modifications meetinq the following criteria as determined by the Zoning Administrator, may be approved administrative) in accordance with Section 8 of this Chapter, A. Only applications for preexisting uses or uses expligitly classified as allowed uses including accessory uses by thea raved interim use permit governing the use of the property are eligible for administrative approval. B. The ermit modification shall not result in an increase in hours of operation, traffic employees, or number of dwelling units expand an principal buildin or otherwise increase the intensity of the use of the site. C. The permit modification shall com 1 with all requirements of the a licable zoninq district and all other performance standards of this title or this code. D. All applications far ermit modification shall be cam lete and in full accordance with the re uirements of section 20--9-5 of this Cha ter. 20-5-5: EXPIRATION OF INTERIM USE PERMIT APPROVAL: A. Unless otherwise s ecified by the Cit Council at the time it is authorized an interim use ermit shall be null and void and expire if the apolicant fails to utilize such interim use -permit and fulfill each and ever condition attached thereto within one year from the date of its 20 authorization unless a petition for an extension of time in which to complete or utilize the ermit has been ranted bv the Zonin Administrator provided that: I . The extension is requested in writin and filed with the CLty at least thin 30 days prior to the ex iration of the initial interim use permit re nest. 2. The re nest for extension states facts demonstratina that a ood faith attempt has been made to complete... or utilize the use or activity ermitted in the interim use permit. 3. A maximum of one administrative extension shall be granted. 4. The extension shall not exceed ninety....days.... from the initial interim use permit expiration date. 5. There shall be no char e for the filing of -a petition for an administrative extension. B. U on receiving a recommendation from the Planning -Commission and City staff, the City Council may rant an extension of the interim use permit of reater than ninety 90 da s rovided that: The conditions described in subsection A. 1-3 above are satisfied. 2. The extension shall not exceed one ear from the initial interim use permit expiration date. 3. The filing of tition for extension is sub'ect to fee re uirements established by Cit Council resolution. 20-4--7: REVOCATION OF INTERIM USE PERMITS: A. The Plannina commission may recommend and the City council ma direct the revocation of any interim use ermit for cause up on determination that the authorized interim use is not in conformance with the conditions of the ermit or is in continued violation of this Cha ter cit codes, or other applicable regulations. B. The City Council or Plan nin Commission shall initiate an application and the Zonin Administrator shat[ notifthe responsible person that the -v have 21 an opportunily opportunityto show cause wh the ermit should not be revoked. C. The application shall be processed and considered -pursuant to Section 20-5-2 of this Chapter. 20-4-8: PERFORMANCE SECURITY= A. Except in the case of non --income -producinq residential ro ert (exclud.ing...-...relocated structures upon approval of an interim use permit the City shall be provided, where deemed necessa bv the Council with a performance security as approved by the City Attornev prior to the issuin of building permits or initiation of work on the prmosed improvements or development. Said security.shall be non -cancelable and shall uarantee conformance and com fiance with the conditions of the interim 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 ro'ect ma be handled in stages uon the discretion of the Zoning Administrator. C. The City shall hold the security until com letion of the ro osed improvements or development and a certificate of occupancy indicatin com fiance with the interim use ermit and ordinances of the Citv has been issued by the City Building official. D. Failure to comply with the conditions of the interim use -permit or the ordinances of the City shall result in forfeiture of the securit in whole or in art depending upon the degree of non-com fiance and at the discretion of the Cltv Council. E. Whenever a performance guarantee is imposed by the City, the applicant shall be re uired to enter into a performance a reement with the City, This a reement is to provide authorization to the Citv to utilize the posted security and comlete stipulated work should thea licant fail to meet the terms and conditions of the permit, Saidagreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney, 20-5-9: CERTIFICATION OF TAXES PAID: Prior to ar)provinq an application for an interim use permit, thea applicant shall provide certification to the Cit that there are no delinquent property taxes special assessments interest or Cit PIN utility fees_due upon the parcel of land to which the application relates. 20-6-10: INITIATION: The City Council or the Planning Commission may, upon their oven motion initiate a re nest for an interim use -permit in conformance with the provisions of this Section. Any person owning..real estate or having documented interest therein mav initiate a request for an interim use permit for said real estate in conformance with the=provisions of this Section. Section 16. Section 6 of the Zoning ordinance (Administration -- Variances) is hereby amended to add the following provision: 20-6-2: BOARD OF ADJUSTMENT AND APPEALS: The City council shall serve as the Board of Adjustment and A eats, Section 17. Section 20-6-2 of the Zoning Ordinance (Administration - Variances) is hereby amended to read as follows: 20-6-20: nmmmuIow L REVIEW CRITERIA: r ` 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. 4A. "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-B. The applicant for variance shall also demonstrate that the request satisfies the following criteria: al. That the variance would be consistent with the Comprehensive Plan. -132, That the variance would be in harmony with the general purposes and intent of this chapter. 23 G3. That the plight of the landowner is due to circumstances unique to the property not created by the current or any previous landowner. d4. That the purpose of the variance is not exclusively economic consideration. e5. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. f5. That the requested variance is the minimum action required to eliminate the practical difficulty. -C. 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. 4D. The Planning commission, in the case of a major variance, and based upon a report and recommendation by the City staff, shall have the power 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. 5E. 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. Section 18. Section 20-0-3 of the Zoning ordinance (Administration - Variances) is hereby amended to read as follows: 20--5-34: PROCEDURES: A. Minor Variances: Purpose. The purpose of this Section is to provide for an expeditious method of processing variance requests. Z. Qualifications. Requests qualifying as minor variances must meet one of the following criteria: F a. cases where practical difficulties to existing buildings or platted property are created as a result of public action or change in city code standards other than those amendments affecting floodplain, shoreland, wetland, and/or wild and scenic river regulations). b. 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Such a lication shall also be accompanied by detailed written and graphic materials fully explaining the proposed chane develo ment or use including the information required by Section 20-9-0 of this Chapter. b. The re uest shall be considered as being -officially submitted when the Zonina Administrator determines that all the information re uirements are com lied with. C. The CitbL council the Plannina commission and the cit staff shall have the authority to re uest additional information from thea licant or to retain ex=pert testimony at the expense of the applicant and said information is to be declared necessa to establish performance conditions in relation to all ertinent sections of this Cha ter. d. Failure on the part of the armlicant to supr)lv all necessa supportive information may be grounds for denial of the re uest. 2. Proof of Ownership or Authorization: The applicant shall su 1 oroof of title and the legal description of the prope.rtv for which the variance is requested, consisting of an abstract of title or registered property abstract cu rrentl certified together with any unrecorded documents whereby theetitioners acquire a le al ownershi or equitable ownership interest and as a licab[e supr)lv documented authorization from the owner s of the pror)erty in question to proceed with the re uested interim use permit. 3. Upon receipt of said application for a ma`or variance the City Clerk shall set a -public hearing to be conducted bv the Planning Commission following proper hearing notification as a licab[e. 31 a. Notice of said hearing shall consist of a legal vo ert descri tion and description of re nest and be published in the official newspaper at least te=n==(10) da s rior to the hearin . b. Written notification of said hearing shall be mailed to surrounding area propertv owners within three hundred fift (350)feet of the propertin auestion at least ten -(10) days prior to the hearin . C. A co of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a art of the records of the proceedina. d. Failure of a Property owner to receive said notice shall not invalidate any such roceedin s as set forth within this Section -provided a bona fide attem t has been made to comply with the notice requirements of this Section. 4. The Zoning Administrator shall instruct the appropriate staff ersons to prapare technical re orts where a licable and provide gene al assistance in preparina a recommendation on the action to the Planning Commission and City council. 5. The nolicant or a designated representative thereof shall app ear before the Planning commission and Citv Council in order to answer -questions concerning the ro osed request. Failure by the applicant to attend meetin s at which the application is to be considered b the Planning Commission or City council ma be rounds for denial of the re uest, 6. The Planning -Commission shall make a finding -of fact and recommend such actions or conditions relating to the request as the deem necessa to car out the intent and ur ose of the Chapter. 7. The Cj=ty council shall not consider or act upon an variance until they have received a re ort and recommendation from the Planning Commission or until sixty 60days_ after the first regular Planning Commission meeting at. which the re nest was considered. 8. Upon com letion of the report and recommendation of the Plannin 32 Commission the re nest shall be scheduled for consideration on the a enda of the City==,:::::Council. such -mports and recommendations shall be entered in and made part of the permanent written record of the Citv Council meeting. 9. UP on receiving the report and recommendation of the Plannin Commission and City staff, the Citv Council shall have thea tion to set and hold a ublic hearina 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. 10. if u on receivina said reports and recommendations of the Plan nin Commission and Cit staff 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 CRV Council may before taking final action refer the matter back to the Planning Commission for further consideration. 11. Approval of a reguest shall reqL uire passaqe by a four-fifths 415 majority vote of the City Council. 12. The Zoninq Administrator shall rovide thea Iicant and property owner with written notice of the CiW Council's findings of fact and decision regarding thea lication. 13. If a re nest for variance receives apDLoval of the City council the City Clerk at theapplicant's ex ense shall record such with the appropriate '111Jri ht Count office. No building permits for the propertv in question will be granted until record-[gg of the action has been completed. 14. All decisiona-by decisions-bythe City council involvincLa variance re uest shall be final except that an aggrieved per..son or persons shall have the ri ht to a eal within thirty.. -L30) days of the decision to the Wright Countv District Court. 15. Whenever an g1prAcation for variance has been considered and denied by -the City Council a similar application for the variance affectinsubstantial) the same ro ert shall not be considered again b the Planning Commission or City Council for at least one (1) near from the date of its denial exce t as follows: 33 a, If the applicant or property owner can clearlv demonstrate that the circumstances surrounding the revious variance a lication have changed significantly.. b. If the Cit Council determines that the circumstances surrounding a previous app.lication has changed si nificantl . C. If the cit council decides to reconsider such matter b a four -fifth's 416's vote of the entire City council. Section 19. Section 6 of the Zoning ordinance (Administration -- Variances) is hereby amended to include the following provisions: 20-6-6: AGREEMENT: The a roval of a variance and the sti ulations limitations and conditions therein shall be aonlied to the ro ert in uestion. All written and graphic materials officially submitted to the City shall be treated as a formal a reement between the applicant and the Cit . once approved, no changes modifications or alterations shall be made to any plan detail standard or specifications without prior submission of a Oan modification re nest to the Zonin Administrator for review and approval. Section 20. Section 20-6-4 of the Zoning ordinance (Administration - Variances) is hereby amended to read as follows: 20-6-46!I AP : MMEM1413 P% EXPIRATION of VARIANCE APPROVAL: Unless otherwise specified by the city, if within one (1) year after granting a variance the use as allowed by 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: 4-A. 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. 2B. 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. 3C. A maximum of one (1) extension shall be granted. 34 4D. The extension shall not exceed sixty (60) days from the initial variance expiration date. BE. There shall be no charge for the filing of a petition for the extension Section 21. Section 0 of the Zoning Ordinance (Administration - Variances) is hereby amended to include the following provisions: 20-6-8: CERTIFICATION of TAXES PAID; Prior to approving an application for a variance the applicant shall provide certification to the City that there are no delinquent vopBrty taxes special assessments interest or City utility fees due u on the parcel of land to which the application relates. 20--0-9: INITIATION: The cit Council or the PlanningCommission may, u on their own motion initiate a request for a variance in conformance with the rovisions of this Section. Any person owning real estate or havin documented interest therein m..av initiate a request for a variance nolicable to said real estate in conformance with the provisio.ns of this Section. Section 22= Section 20-8.2 of the Zoning Ordinance (Administration -- Administrative Permits) is hereby amended to read as follows: 20--8-2: PROCEDURE: A. Re nest for an administrative ermit shall be filed with the cit on an official appl..ication form and processed in accordance with this Section and Minnesota Statutes 15.99 . 'l. An application shall be accompanied by a fee as provided for b Section 2-4-2 of the City Code. 35 2. Such a lication shall also be accompanied by detailed written and ra hic materials fully.explaining.the prQposed change development-, or use -including-the information re oared b Section 20-9-6 of this Cha ter. 3. The re nest shall be considered as being offiQWI=ly submitted when the Zonin Administrator determines that all the information requirements are com lied with. 4. The Zoninq Administrator shall have the authority to request additional information from the armlicant or to retain ex ert testimony at the expense of thea licant said information is to be declared necessa to establish performance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the art of the ap licant to supply all necessa supportive information may be mounds for denial of the re nest. B. Proof of Ownershi or Authorization: Thea gicant shall suppjy voof of title and the legal description of the propertv for which the administrative permit is requested.&onsistinq of an abstract of title or registered voperty abstract currently certified to ether with any unrecorded documents whereby the petitioners acquire a le al ownershi ore uitable ownershi interest and as app.licable suPPI documented authorization from the owners of the property in question 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 CitV staff as may be approoriate, 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 based upon (but not limited to) the following factors: ■ + + ■ ■ ■ 1 + A ■ 1 A + ■ A + rw r ■ A ■■ t + ■ ■ ■ r "'w IS r r a + ■ i ■ + M-11.1131MV. r r IMODw Jkr- w r r s r •Go ■ r S + INC C72 'Nor a Fwwzmwllt r ■r s r. a ILP, MA ■ +■ Am 9 r r= r r We ai i i i a■ i s � w .. + Z2 .. ■ i r i r s w + a i is ••• w i A i+ MKWA w i AT- w a1 i A .* w w w w s a ti w w w M lll i i w+ w w w +�+ ii iA + + ■ i a+ til► 'w + � w w+ �-. ■ v w w a a wa + w w i w ■ w as w w r w i■ w wIII LLWA Emorqw ALIN. w1111111,41t w !tu IIIwffEEMI-Angs l V LA LJ V 1 1%-4 " 1 Y M l W r l H V %04 16%.0 %o% v v v[ It A A 1 i Y M %d+ ti v us i Y ►.+ r+ �.. } -+ --_-- --- whir+h ie_prnnnc+� , 1. The proposed action's consistent with the specific olicies and rovisions of the Otsego Comprehensive Plan. 2. Thermosed use's tom atibilit with resent and future land uses of the area, 3. The proposed use's confornaftT with all erformance standards contained within the Zoning ordinance and other provisions of the City code. 4. Traffic =gg=neration of the propo.sed use in relation to capabilities of streets serving the property. 5. The ro osed use can be accommodated bv existin-public services and facilities and will not overburden the cit 's service ca acit . E. The Zoning Administrator shall male a determination on approval or denial of the administrative permit a Inn i Y 37 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. The Zoning Administrator shall rovide th.e-applicant and propertyowner with written notice of a determination of non-compliance with applicable codes, ordinances, and the standards in this Section%.of IIII GGM. F %.4 %. %.f %A V6 %_F lill 1%.101 %olfrVilwIlli 1% If I W If a 1 9. 1` and that the application for the permit shall be considered denied; , H. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section X0-7 of this chapter. Section 23. Section 20-8-3 of the Zoning Ordinance (Administration Administrative •+ hereby r + ■+■ to read r ■ ■ w � r .. .,,. - r r r r► r r r r r N�J , A i■ ■ r ■ + nelk/ ■ i R ■ ■ ■ + r r r w r r r r 1W r r r L 1 A■ + + Ask + i /+ i ■ A i+ i i A i + i nw + Ak! i MIELWILIWA 0r r A r r r r r Win w + + ■ + i ■wAllM ol, I'll aft in is's I i Lill of—T-MELm I i t ! � r rR � • r r r r rr � r r r � / / + / R ■-------- i■ / + A + ■! ■ A + + / A + i ! A "Rim + r r r r - r rr r r � � r r r r l r / i A ! i i ■ + i ■ i R ■ i ■ + A + i ■ w w ■ / w! A ■ + / + i i r r• • Wr r r r r r r r +r r r s r i + / ■ / A / ■■ ffAL A + + ■ + ■ i A i r �► r r r r s + r r r r r r r rr R , A / i ■ + i / A + / + / ■ A ■ + / A A + ■ i i Ra •ir r s: r r r r r �w r r r r r r onioLot r r r W ' ILWxWrAll a Ill 18111 W,1111111N KI r r W r M +AllA ! / + / A ! i + A ■ / R ■ i ■ A ! ■ ■ r� ■ on W�ilr w r r r s r r r r r r r w r r r r �► + � •+ i i ■w w, A + ■iiiiiiiZ d5lill isTAiKqA=P11 A i / / r r ra 111 W1111110i PRIORI ■ i A i ■ ■ i A ■ r ii i■ i+WA All waa* m no Lij+S i i A i+ + + ■ 'r A r r ■r r r r r0 IlLotWAIIIIIIIIIIIIr r r r r rILS1040911i 0■r r r r ! s w r� ! r ■ = For -RIM -NIM, w + ■ + r r Dal ifil r + ■ r l dill& -1 i + r ■ r + 7■LZvia, wa i i ■ ��� liLissir��'+►]tr�rllw_����r►�!r�i���t����ll��f + ! i ■ A A i i + ■ + ■ + w ■■ + i ■ + ■w rr r r r� r r w► w r 1111AWWULIMwiiiiiir w + i i■ i + i + ■■ 1;4 i + + A + ■ A ■ ■ + A N+ i . ■ M ■ rr a ■ + ■ �w r ■ ■ A i i ■ ■+ ■ i ■ i ■ i wa i i ■■ i i .4 ipj + i • r r r r rr r r 943p,1111111::11i r i ■ +�► + ■ ■ i "MaA i + ■ rr r r ro uL-imAr r rr r + r a r i r.TrU 20-8-43: PERFORMANCE STAN DARDS: All uses, events or activities allowed by administrativep ermit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. Section 24. Section 8 of the Zoning Ordinance (Administration — Administrative Permits) is hereby amended to include the following provision: 20--8-4: AGREEMENT: The administrative perm..it and the stipulations, limitations and conditions therein shall be applied to the vop.erty in auestion. All written and ra hic materials officially submitted to the cit shall be treated as a formal a regiment between the a licant and the City. Once a roved no char es modifications or alterations shall be made to any—plan detail standard or s ecifications without onor submission of a plan modification reQuest to the Zonin Administrator for review and approval. Section 25. Section 8 of the Zoning Ordinance (Administration — Administrative Permits) is hereby amended to read as follows: �i �r '" ■if rlil Wa -Am 11L IN it 1ti W x r r nnct r NON -PERMIT APPROVALS: In cases where the Zonin Administrator is given a roval authority without a requirement for an administrative -permit, determinations shall be based upon the criteria outlined in Section 20-8-2.D this Cha ter. Section 26. Section 8 of the Zoning Ordinance (Administration — Administrative Permits) is hereby amended to include the following provisions: 20-8-8: EXPIRATION OF ADMINISTRATIVE PERMIT APPROVAL: Unless otherwise specified ky the Zonin Administrator at the time it is authorized an administrative ermit shall be null and void and ex ire if thea licant fails to utilize such administrative-ermit and fulfill each and eve condition attached thereto within one ear from the date of its authorization unless a patition for an extension of time in which to cam lete or utilize the ermit has been ranted bv the Zoninq Administrator provided that: A. The extension is requested in writing and filed with the Ctty at least thin (30.)days prior to the ex iration of the initial administrative permit request B. The request for extension states facts demonstrating that a good. faith attempt has been made to complete or utilize the use or activitv permitted in the administrative permit. C. A maximum of one administrative extension shall be ranted. D. The extension shall not exceed ninet 90 da s from the initial administrative permit expiration date. E. There shall be no charge for the filing of a etition for an administrative extension. 20-8-7: CERTIFICATION OF TAXES PAID: Prior to approving an application for an amendment the applicant shall provide certification to the City that there are no delinquent ro ert taxes s ecial assessments interest or cit utilit fees due upon the arcel of land to which thea lication relates. 20--8-8: INITIATION: The ity Council or the Plannina commission may, upon their own motion initiate a request for an administrative permit in conformance ►I with the provisions of this Section. Any person ownin real estate or havin documented interest therein ma initiate a re nest for an administrative -permit aoDlicable to said real estate in conformance with the rovisions of this Section. Section 27. Section 20-9-2 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to include the following provisions: 20-9-2: a ,APPLICATION: All building -and site Tans for 'Y V%.01jaill townhouse multiple family,commercial or industrial construction shall be subject to review by the Planning Commission and approval b the City Council. except that those [an modifications meeting the followina criteria as determined by the Zoning Administrator, ma be nproved administratiyely in accordance with Section 8 of this Cha ter: A. Only a lications for preexisting uses or uses explicitly classified as allowed uses including. -accessory including.—accessoryuses by veviou.slya roved site and building fans aoverning the use of thearoperty are eli ible for administrative approval. B. The site and buildin [an modification shall not result in an increase in hours of o pe ratio n traffic employees, or number of dwelling units expand any principal build.inq or otherwise increase the intensity of the use of the site. C. The permit modification shall co=lv with all re uirements of the a licable zoninq district and all other performance standards of this Chapter or the Citv Code. D. All applications for site and building -plan modification shall be complete and in full accordance with the requirements of section 20-9-6 of this Chapter. Section 28. Section 20-9-3 of the Zoning Ordinance (Administration — Site and Building Plan Review) is hereby repealed in its entirety and amended to include the following provisions: ►:i i i * ■ ri i A■ ■ i ■ i iw Ar i.r + r 11 A r rA N w� rw ■■ i i i i ww III, A ■ i ■■ r r r r r w w 111"'S ifm "" ■ ■ r r w r m i ww i■ i ■w ii N r w MW Ar N i A R ■ r N w A ■ i r i i R■ A■ i A i■ ■ A ■ i A i i i ■ r N r r r r r �r i A f i N i ■ r r w rri i ■i ■■ i �+ r r r mwmw ■ ■ i i �' N r r i i ■■ � w i i s i A i w i + i ■ i A i w i r N r A i i i■ i ■■ i■ i■ ■■r r w w r rNA 20-9-3: PROCEDURE: A. Re uest for site and buildino plan ap al shall be filed with the -City on an official-ag official-alication form and processed in accordance with this Section and Minnesota Statutes 15.99. 1. An amlication shall be accompanied by a fee as provided for b Section 2-4-2 of the City Code. 2. Such application shall also be accom anied detailed written and ra hic materials full exiolaining the pLo=p o s e d change-, development, or use including the information re uired bv Section 20-9-5 of this Chapter. 3. The re uest shall be considered as being offi.qA1=1y submitted when the Zoninc L Administrator determines that all the information requirements are cora lied with. 4. The City Council the Planning Commission and the City staff shall have the authority to re uest additional information from the applicant or to retain ex ert testimony at the expense of the applicant, said information is to be declared necessary to establish erformance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the part of the applicant to supp1y all necessa supportive information may.be rounds for denial_of the re uest. B. Proof of Ownershi or Authorization: The applicant shall supply roof of title and the legal description of the r)ror)erty for which the site and buildin plan arwoval is re uested consistin of an abstract of title or re istered pro.wrtv abstract currentl certified to ether with anv unrecorded documents whereb the petitioners acquire a le al ownership ore uitable FIN ownershiD interest and as applicable "ur)lv documented authorization from the owners of the property in question to nroceed with the re uested site and building -plans. C. The Zonin Administrator shall instruct thea ro riate staff persons to re are technical re or=s where a licable and rovide eneral assistance in preparLng a recommendation on the action to the Planning Commission and City Council. D. Thea licant or a designated representative thereof shall armear before the Planning Commission and Cify Council in order to answer uestions concernin the proposed re uest. E. The Planning Commission and City council shall review the proposed site [an based upon com [iance with the Comprehensive Plan,provisions of this Cha terand other a [icable chapters of the Cit code. F, The Planning commission shall make a findin of fact and recommend such actions or conditions relating -to the request as they deem necessa to carry out the intent and purpose of this Chapter. G. The Cit Council shall not consider or act u on an application until the have received a --Le ort and recommendation from the Plannin Commission or until six= 60davs after the first re ular Plannin Commission meeting at which the re uest was considered. H. Upon completion of the==re ort and recommendation of the Planning Commission, the re nest shall be scheduled for consideration on the agenda of the Citv Council. Such reports and recommendations shall be entered in and made art of the permanent written record of the Cit Council meeting. I. if, upon receivina said reports and recommendations of the Plannin Commission and City staff, the Citv council finds that specific inconsistencies exist in the review process and thus the final recommendation of the cit=y Council will differ from that of the Plannin Commission the cit council may before takin final action refer the matter back to the Plan nin Commission for further consideration. J. Approval of a re uest shall require passage by a maiorLtv vote of the Cit Council. K. The Zoning Administrator shall -provide thea licant and ro er= owner with written notice of the City Council's findings of fact and decision regardina the application. L. If a re West for site and building Ian a rova[ receives approval of the City Council the City at the applic.ant's expense, shall record such with the appropriate Wri ht County office. No buildinq permits for the r)ropertv in question will be aranted until recording of the action has been com feted. Section 29. Section 20-9-4 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to read as follows: 20-9-4: AGREEMENTS: Ge,nt,na..a.-ter and, fhln C�ntw nna 6 E)F altarnfinaQI Y s cgiihm % R 1 fi fi The site and buildin lana roval and the sti ulations [imitations and conditions therein shall be a lied to the ro ert in question. All written and ra hic materials officially submitted to the City shall be treated as a forma[ agreement between thea licant and the Citv. once approved, no change modifications or alterations shall be made to an fan detail standard or s ecifications without rior submission of a plan modification request to the Zoning Administrator for review and approval. Section 30. Section 20-9-5 of the Zoning ordinance (Administration -- Site and Building Plan Review) is hereby repealed in its entirety and amended to read as follows: w A A A wff gWAhj'.lw w ■ + A N A ■ i i ■ ■ i A i i _ AA - ■ A err ■ ■ i ■ ar wrri■ A ■ i A i■ A ■ i■ A i A i■MIN i i AA w w w w w w w www rr w r w 20-9-5: EXPIRATION OF SITE AND BUILDING PLAN APPROVAL: Unless otherwise specified by the Citv council at the time it is authorized approval of site and buildina dans shall be null and void and expire if the awflicant fails to utilize such a rovals and fulfill each and evew condition attached thereto within one year from the date of its authorization unless a etition for an extension of time in which to com lete or utilize the permit has been granted by the Zonis Administrator provided that: A. The extension is requested in writina and filed with the Citv at [east thirt MA (30)days prior to the expiration of the initial site and buildin lan approval re uest. B. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted_ site and building glans. C. A maximum of one kILadministrative extension shall be gran,ed. D. The extension shall not exceed ninety davs- from the initial administrative permit expiration date. E. There shall be no charge for the filing... -of a petition for an administrative extension. Section 31. Section 9 of the zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to include the following provisions: 20--9-6: INFORMATION RE UIREMENT: The information re uired for all site lana lications shall consist of the followin items and shall be submitted unless waived by the Zoning Administrator: A. Site boundariesbuildin s structures and other im rovements on the site shall be identified with a current certificate of survey, prepared and signed bv a Minnesota licensed land surve or de ictin the followin Scale of Ian en ineerin scale only),at one inch equals fift LV� = 50` feet or less. 2. Northoint indication. 3. Existing boundaries with lot dimension and area. 4. Existing site improvements. 5. All encroachments. 6. Easements of record. 7. Legal description of the rope . 8. Ponds lakes s rin s rivers or other waterwa s bordering on or runnin CiJ through the subject property. B. A site plan utilizing a copy of the current certificate of survey as a base for the site in question depicting the following= 1. Name and address of developer/owner. 2. Name and address of architect/desianer. 3. Date of plan --preparation. 4. Dates and description of all revisions. 5. Name of p.roiect or develo meet. 5. All proposed im rovements includin a. Required and proposed setbacks. b. Location setback and dimensions of all proposed buildin s and structures. C. Location of all adjacent buildings located within one hundred (100 feet of the exterior boundaries of the property in -question . d. Location number, dimensions and setbacks of proposed parking spaces and drive aisles. e. Location number, and dimensions of ro osed loading spaces. f. Location width and setbacks of all curb cuts and drivewa s, a. Vehicular circulation. h. Sidewalks and trails. i. Location and type of all ro osed lighting,including details of all proposed fixtures and photometric illumination. Location of recreation and service areas. k. Location of rooftop e ui ment and proposed screening=. LU I. Provisions for storage and disposal of waste garbaqe, and rec clables includin details for screening exterior trash/recvclingn enclosures. M. Location sizino, and tvpe of water and sewers stem mains and ro osed service connections. C. Grading,drainaa and erosion control plan, utilizin a co of the current certificate of survey as a base for the site istion prepared and signed b a Minnesota licensed en ineer depicting the foliowin Existing contours at twoM—fo..ot intervals (may be re ared by a Minnesota licensed surve or . 2. Proposed grade elevations at two foot maximum intervals. 3. Drainage plan, includinu the confi uration of draina e areas and calculations. 4. Storm sewer, catch basinS3 invert elevations t e of castings, and tvpe of materials. 5. Sot elevations (may be prepared by a Minnesota licensed survey -or . 6. Proposed driveway grades. 7 Surface water ponding and treatment areas. 8. Erosion control measures. D. Landscaping Ian utilizin a copy of the current certificate of survev as a base for the site in question, d.epictina the followin 1. Planting schedule (table) containina: a. Symbols. b. Quantities. C. Common names. d. Botanical names. 47 e. Sizes of plant material. f. Rootspecification (ba e rootballed and burls ed otted etc.L. -Special pLanting.instructions. 2. Location t e and size of all existing significant trees to be removed or preserved. 3. Planting detail show a[1 species to scale at normal mature crown diameter ors read for local hardiness zone). 4. T ical sections with details of fences tie walls lanter boxes tot lots picnic areas berms and the like, 5. T ical sections with details of landscape islands [anter beds and foundation plantings with identification of materials used. 6. Note indicating how disturbed soil areas will be restored throu h the use of sodding, seedina, or other techniques 7. Delineation of both sodded and seeded areas with res ective areas in square feet. S. Covera e plan for underground irrig=ation system, if an 9. Where landsca e or manmade materials are used to rovide screening from adjacent and neigh.borinq properties a cross-throu h section shall be provided showing the-perspective of the site from the neighboring ro ert at theproperty line elevation. 10. other existing or prQposed conditions which could be expected to affect landscaping. E. Otherlans and information as required by the Zoning Administrator includin but not limited to: 1, Architectural elevations of all rinci al and accessory buildin s t e color and materials used in all external surfacesl. 2. "T ical" floor lan and "t ical" room lan drawn to scale with a summaLry of square foots e for each use or activit . CF.i 3. Fire protection plan. 4. Extent of and anv plgposed modifications to land within the environmental protection districts, as established by chapter 50 of this Cha ter, 5. Tvpe, location and size area and height) of all signs to be erected upon the property in question. 6. Vicinity map showing the subject ro ert in reference to nearb ht=hways or major street intersections. 7. Sound source control oLan. 8. Wetland delineation report. 20-9-7: PERFORMANCE SECURITY: A. Exce t in the case of non -income _nroducing residential propert (excludingrelocated structures. -mon arwroval of site and buildinci plans the Citv shall be provided,, where deemed necessary bv the Council with a performance security as a roved b the Cit Attorneyprior to the issuinof build'rn ermits or initiation of work on the ro osed improvements or development. Said securit shall be non --cancelable and shall uarantee conformance and compliance with the conditions of the interim use permit and the ordinances of the Cily=. B. The security -shall be in the amount equal to the Zoni%L Administrator's estimated costs of labor and materials for the xoposed im rovements or develo ment. Said rg ect may be handled in stages uon 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 occupao=cy occupan=cyindicating compliance with the interim use ermit and ordinances of the Cit has been issued by the City Building official. D. Failure to com l with the conditions of the site and building lana roval or the ordinances of the City shall result in forfeiture of the securitv in whole or in art depending upon the degree of non-compliance and at the discretion of the City Council. E. Whenever a performance guarantee is imposed by the Cit thea licant shall be required to enter into a erformance areement with the Cit . This agreement is to provide authorization to the City to utilize the Osted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Saida reement shall hold harmless the City for completion of the work and address other matters as mav be determined by the...City Attorney. 20-9-8; CERTIFICATION OF TAXES PAID: Prior to approving.an application for a site and building—plan review, the a licant shall provide certification to the cit that there are no Jelin vent ro ert taxes s ecial assessments interest or cit utility fees due upon the parcel of land to which the site plan and building review application relates. Section 32. Section 10 of the Zoning ordinance (Administration — Certificate of Zoning Compliance) is hereby repealed in its entirety, Section 11 (Administration -- Enforcement and Penalties to be renumbered as Section 10 and Section 11 to be reserved. Section 33. Section 20-15-3 of the Zoning ordinance (Administration — Non - Conforming Lots, Buildings, Structures and Uses) is hereby amended to read as follows: 20-15-3: GENERAL PROVISIONS: A. Except as provided below, any non -conforming structure or use lawfully existing upon the effective date of this Chapter shall not be expanded, enlarged, intensified or reconstructed, but may be continued at the size ga v and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. For the purposes of this section the fol lowin terms shall be defined as follows: Expansion enlargement, or intensification: Ariy increase in a dimension sizearea volume or hei ht an increase in the area of use any placement of a structure or part thereof where none existed before anv addition of a site feature such as a deck patio, fence dri.vewav, parkingarea or swimminq pool, any imrovement that would allow the land to be more intensel develo ed an move of o erations to a new location on the property, or an increase in intensit of use based on a review of the ori incl nature function or pumose of the nonconforming use the hours of 50 operation., traffic parking,noise exterior stora e sl ns exterior lighting,t types of or services offered odors area of operation, number of employees,_, and other factors deemed relevant by the City.. 2. Improvement: Making the nonconforming,use better, more efficient or more aesthetically. pleasing,Lincludingany chan e that does not replicate what reexisted but does not include an expansion,- enlargement, x ansionenlar ement or intensification. 3. Replacement, reconstruction or restoration: Construction that exactiv matchespreexisting conditions. B. An le al nonconformity,includin the lawful use or occupation of land or oremises existing at the time of the ado tion of an additional control under this chapter, ma be continued including th rou h re air replacement restoration maintenance or improvement but not includi.Rg expansion, except asspecifically provided in this Section unless: The nonconformit or occupancy is discontinued fora pe.iod of more than one 1 ear- or 2. Anv nonconforming._.._ use is destroyed by fire or other peril to the extent of greater thanfift 50 ercent of its market value as determined by the Citv3 and no building ermit has been applied for within one hundred eighty (1 80) da s of when the prope,Oy is damacied.. In this case the City mgy impose reasonable conditions upon a building -Permit in order to miti ate anv newiv created impact on adiacent property. 3 Any subsequent use or occupancy of the land or premises shall be a conforming -use or occupancy. -BC. 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 plans; provided construction is started within sixty (50) days of the effective date of this Chapter, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. 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 51 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. -QE. Except as herein provided, alterations may be made 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. r11 111 1%INA IIIIF W1. Wo-j"WI.IIII All %J • w • ] a • + a • -s-L ah movement QhP11 y r s HG. when any lawful non -conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non --conforming use. 1H. A lawful non -conforming use of a structure or parcel of land may be changed to lessen the non -conformity of use. Once a non -conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non -conformity. Ill rr a 11111111111�411t10r ■ + i — ■ ! A + + + r s rr r r r w r r w / i ■■ i + ■ ■ i + + ■ i r r r r r r = r w r AA + r a 'a r r rIll Vr r s r fiL'Im�lkdklgis INS I W.Mt a All r r r Mal NANA r r rr ■ w w. i ■ r r r r r r r ■ A'S / in ■ !WAV! r r Ill i + i A ■■ / ■ + i rr w r r r IQ 0 1 / w i I KI AM= + / r I r'L-AMr r ■ i ■■ i i ■ + A + / + A! / r r r r r r r P4 i All■ + + i / / i ■ ■ i + i r r r r r r r r r r + / + i w ■ + r r i ■ i ■ + r r s r 52 ■ ■ � i Aw ■ + i r r + i + i ■ i i a r r r ■ w ■ r + + i i aA "� r i ! S slIt ■ ■ ■ A w r r r A + r + + ■ aa ■■ ■ soos�11it / w r i ■ ■ ■ r. . rOAKS". ■ a r + = ■ + ■■ lfp + i r A + r r r r = + i ! r +r i i A r r r + ■ i r ■ ■ + IT + I W-1 a ■ ■ • A ■ . r + a■111110W r r ! r + AA i i ■ 00TW am. pm r r/ ! r r i+ iA iw ■■ / it a 0 All rr ir ■ a 11 WAIMLIO! A r. ■� ■■ 1400. • i �'►! i ■+�r ■� ■ A+ A lilts r■ ! i+ r i ■■ A M. i si■ r WIwtmL-vvaq FA L ■ ■ + i w r r r + A A is ilillillW rr ■* r IW ��l r &"— For—ATI-1 r IIIpLit! ii A ilip r / r lilt LqmpaLqmPr m 11 r 111 A i+ OF . ! + ■■ A r r i i .s w - wit MLr "� ■ i i A . r r A ■■ ■ i r r A■ • 3 ■ ! ■+ A i r r r r / r w i s i ■ r r A ■ r r *'A / r r r i s + mw w r NNAR& + a r! 2 EiiiiiiiiE + i a A a r! i i i W lLwAr i i i r r i s i r AA a■ r AA a s + r / + a i r r A ■ a a a / r ■ i A r ! . i a i r I Jill a i s i r as + + i A ■ • a ■■ + i i r r •i . r r r a i i i■A dal"I A A i / r r i + r I A i i+ a A A■ w + w + ■ r/ i+ A r r i + + ww A ■ r s■ . r r ppl a A + s r i r + + ■ ari RRW ■ ar i r / + + A A a ■ r r r r 1 i A i i i ■a A i ■ ■ A A �* a s A Is + i a A + r r r r r r i i ■a + A i . a r. r a■ + A a. . r a + i i + i A + ■ ■ A r r Ash r r ■r ia■11■ it -A r i / s i A i+ ■ s A+ i mw !WALWAN r r r i A A i ■ �► r .IFr s A a■ 1.00 + i ■■ + rR,W-&WXIlt r ■ a i+■■ s r w ! r . i+ i � ■+ w w► AM ff+ ■■ A i i r r 1111111 1 iia A+ i M■ r rN r A a / i+ r r r r a■ + ilI s+U' ■ i ■ A +■ r r = mrLRIS i A+ r r i+ ■ A i i + i as A + ■■ + ■ . ■ ■ a ! kWj w7sillWilli Ca"11■■ i s a A i ■ + r 1 + i A + + i ■ ■ s ■■ A s a i A i r r i + ape i ■ + v r r ■+ f—'IidisAlilis orONE AAi i A i Y, 6 R 3 ■ w► i+■ s ■ A + i a ■■ A ■■ a i i ++ i ■ + A A i■+ 11111011r + ■ ++i + ■ ■ ■ AT—N.. r r A i+ A +a r r/ KoA + a■ i r Section 34. Section 20--90-3 of the Zoning ordinance (Heritage Preservation Sites) is hereby amended to read as follows: 53 20-95-3; ESTABLISHMENT OF HERITAGE PRESERVATION COMMISSION: The City council shall appoint an advisory commission to be known as the Otsego Heritage Preservation Commission. Membership qualification, terms and bylaws of such commission shall be established by city Council resolution. commission members must be persons with demonstrated interest and expertise in historic preservation and a majority of the members must reside within the City of Otsego. The Heritage Preservation commission shall include, if available, a member of the Wright county Historical Society. Section 35. This ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY; ALL IN FAVOR: THOSE OPPOSED: ADOPTED by y the cit Council of the city of Otsego this '13th day of January, 2014. ATTEST; Tami Loff, city clerk 54 CITY OF OTSEOO am Jessica L. Stockamp, Mayor ORDINANCE NO.: 2014-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-1-0 of the Zoning ordinance (Title and Application) is hereby amended to read as follows: 20-1-5: CONDITIONAL AND INTERIM USES: Any established use or building legally existing prior to the establishment of this Chapter and which is now classified as a conditional or interim use may be continued in like fashion and activity and shall automatically be considered as having received conditional or interim use permit approval. Any change to such a use, or any other subsequently approved conditional or interim use, shall, however, require a new conditional or interim use permit be processed according to this Chapter. Section 2. Section 20-3-1 of the Zoning Ordinance (Administration - Amendments) is hereby amended to read as follows: 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. Section 3= Section 20-3-2 of the Zoning ordinance (Administration - Amendments) is hereby amended to read as follows: 20-3-2: PROCEDURE: A. Request -s for an amendment to the Zoning Ordinance (text or map) shall be filed 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 2-4-2 of the City Code. 1 2. such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use including the information required by Section 20-0.6 of this Chapter. 3. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. 4. 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 expense of the applicant and said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. 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 supply documented authorization from the owner(s) 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 following proper hearing notification as applicable. 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 mailed to surrounding area property owners within three hundred fifty (350) feet of the property in question at least ten (10) days prior to the hearing. 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. 2 4. 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. 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 appear before the Planning Commission and City Council in order to answer questions concerning the proposed request. Failure by the applicant to attend meetings at which the application is to be considered by the Planning Commission or City Council may be grounds for denial of the 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 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 be accommodated by existing public services and facilities and will not overburden the City's service capacity. O. The Planning Commission shall 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. H. The City Council shall not act upon an amendment until they have 3 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. 1. Upon completion of the report and recommendation the Planning Commission, the request shall be scheduled for consideration 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. J. Upon receiving the report and recommendation of the Planning Commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary. K. 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 taking final action, refer the matter back to the Planning Commission for further consideration. L. 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 a Zoning district from agriculture or residential to business, industrial, or planned unit development that allows for commercial or industrial uses shall require a four --fifth's (415's) vote of the city Council. M. 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. N. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. The city clerk, at the applicant's expense, shall record the ordinance 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. o. Whenever an application for an amendment has been considered and denied by the city council, a similar application and proposal for an amendment affecting the same property or ordinance change shall not be considered again by the Planning Commission or city Council for at least E one (1) year from the date of its denial except as follows: Applications are withdrawn prior to the City council taking action on the matter. 2. If the City council determines that the circumstances surrounding a previous application have changed significantly. 3. If the City Council decides to reconsider such matter by a four -fifth's (415's) vote of the entire city Council. Section 4. Section 3 of the Zoning ordinance (Administration - Amendments) is hereby amended to include the following provisions: 20-3-4: CERTIFICATION OF TAXES PAID= Prior to approving an application for an amendment, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates. Section 5. Section 20-4--2 of the Zoning ordinance (Administration - conditional Use Permits) is hereby amended to read as follows; 20-4-2: PROCEDURE: A. Request for a conditional use permit shall be filed 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 2-4-2 of the city code. 2. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use including the information required by Section 20-9-0 of this Chapter. 3. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. 4. 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 expense of the applicant and said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. 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 applicable. '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 (1o) days prior to the hearing. 2. Written notification of said hearing shall be mailed to surrounding area property owners within three hundred fifty (350) feet of the property in question at least ten (10) days prior to the hearing. 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. 4. 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. 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 appear before the Planning commission and City council in order to answer questions concerning the proposed request. Failure by the applicant to attend meetings at which the application is to be considered by the Planning Commission or city council may be grounds for denial of the request. F. The Planning commission and City council shall consider possible adverse effects of the proposed conditional use. Their judgment shall be based upon (but not limited to) the following factors: �. 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 be accommodated by existing public services and facilities and will not overburden the City's service capacity. G. The Planning Commission shall 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. H. 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 (6o) days after the first regular Planning Commission meeting at which the request was considered. 1. Upon completion of the report and recommendation of the Planning Commission, the request shall be scheduled for consideration 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. 7 J. 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. 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 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 back to the Planning Commission for further consideration. L. Approval of a request shall require passage by a majority vote of the city Council. M. 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. N. If a request for conditional use permit receives approval of the City Council, the City Clerk, at the applicant'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. o. Whenever an application for a conditional use permit has been considered and denied by the city Council, a 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: if the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous conditional use permit application have changed significantly. 2. If the city Council determines that the circumstances surrounding a previous application has changed significantly. 3. If the City Council decides to reconsider such matter by a four --fifth's (4/5's) vote of the entire City Council. E'? Section 8. section 20-4-3 of the Zoning ordinance (Administration -- conditional Use Permits) is hereby amended to read as follows: 20-4-3: AGREEMENT: The approval of a conditional 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 between the applicant and the City. once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval. Section 7. section 20-4--4 of the Zoning ordinance (Administration — Conditional Use Permits) is hereby repealed in its entirety and subsequent sections renumbered accordingly. Section 8. Section 20-4-5 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to read as follows: 20-4--4: AMENDED CONDITIONAL USE PERMITS: The owner of a property with a conditional use permit may propose an amendment to modify the conditional use at any time. No changes in the approved plans, intensity or scope of the conditional use shall, however, be 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 Chapter and shall be subject to all requirements and standards of this Chapter, except that those permit modifications meeting the following criteria, as determined by the Zoning Administrator, may be approved administratively in accordance with section 8 of this Chapter: A. only applications for preexisting uses or uses explicitly classified as allowed uses, including accessory uses, by the approved conditional use permit governing the use of the property are eligible for administrative approval. B. The permit 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. C. The permit modification shall comply with all requirements of the applicable Zoning district and all other performance standards of this Chapter or the City Code. 9 D. All applications for permit modification shall be complete and in full accordance with the requirements of section 20-9-0 of this chapter. Section 9. section 20-4-5 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to read as follows: 20-4-5: EXPIRATION 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 every 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 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 conditional use permit request. 2. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the conditional use permit. 3. A maximum of one (1) administrative extension shall be granted. 4. The extension shall not exceed ninety (90) 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 a recommendation from the Planning Commission and City staff, the City Council may grant an extension of the conditional use permit of greater than ninety (90) days provided that: '1. The conditions described in subsection 20-4-5.A.1-3 above are satisfied. 2. The extension shall not exceed one (1) year from the initial conditional use permit expiration date. 10 8. The filing of a petition for extension is subject to fee requirements established by City Council resolution. Section 10. Section 4 of the Zoning Ordinance (Administration - Conditional Use Permits) is hereby amended to add the following provisions: 20-4-0: 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 with the conditions of the permit or is in continued violation of this Chapter, city codes, or other applicable regulations. B. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. C. The application shall be processed and considered pursuant to Section 20-4-2 of this Chapter. Section 11. Section 4 of the Zoning Ordinance (Administration -- Conditional Use Permits) is hereby amended to add the following provisions: 20-4-8: CERTIFICATION of TAXES PAID: Prior to approving an application for an conditional use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates. Section 12. Section 20-5--2 of the Zoning Ordinance (Administration -- interim Use Permits) is hereby amended to read as follows: 20-5-2: PROCEDURE: A. Request for an interim use permit shall be filed with the City on an official application form and processed in accordance with this Section and Minnesota Statutes 15.99. 11 An application shall be accompanied by a fee as provided for by Section 2-4-2 of the City code. 2. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use including the information required by Section 20-9-5 of this chapter. 3. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. 4. 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 expense of the applicant and said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. 5. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. B. Proof of ownership or Authorization: The applicant shall supply proof of title and the legal description of the property for which the interim 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 interim 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 applicable. 'l. 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 mailed to surrounding area property owners within three hundred fifty (350) feet of the property in question at least ten (10) days prior to the hearing. 12 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. 4. 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. 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 appear before the Planning commission and city Council in order to answer questions concerning the proposed request. Failure by the applicant to attend meetings at which the application is to be considered by the Planning Commission or City council may be grounds for denial of the request. F. The Planning commission and City Council shall consider possible adverse effects of the proposed interim use. Their judgment shall be based upon (but not limited to) the following factors: 1. 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 be accommodated by existing public services and facilities and will not overburden the city's service capacity. O. The Planning commission shall mare a finding of fact and recommend such actions or conditions relating to the request as they deem necessary 13 to carry out the intent and purpose of the Chapter. H. The City Council shall not consider or act upon an interim use permit until they have received a report and recommendation from the Planning Commission or until sixty (6o) days after the first regular Planning Commission meeting at which the request was considered. I. Upon completion of the report and recommendation of the Planning Commission, the request shall be scheduled for consideration 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. J. 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. 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 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 back to the Planning commission for further consideration. L, Approval of a request shall require passage by a majority vote of the City Council. M. 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. N. If a request for an interim use permit receives approval of the City council, the City Clerk, at the applicant'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. o. Whenever an application for an interim use permit has been considered and denied by the City council, a similar application for the interim use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial, except as follows: 14 If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous interim use permit application have changed significantly. 2. if the city council determines that the circumstances surrounding a previous application has changed significantly. 3. If the City Council decides to reconsider such matter by a four -fifth's (415's) vote of the entire City Council. Section 13. Section 20-5--3 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to read as follows: 20-5-3: AGREEMENT: The approval of an 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 between the applicant and the City. once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval. Section 14. Section 20-5-4 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to read as follows: 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 interim 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. 15 Section 15. Section 5 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to add the following provisions: 20-5-5: AMENDED INTERIM USE PERMITS: The owner of a property with an interim use permit may propose an amendment to modify the interim use at any time. No changes in the approved plans, intensity or scope of the interim use shall, however, be 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 chapter and shall be subject to all requirements and standards of this chapter, except that those permit modifications meeting the following criteria, as determined by the Zoning Administrator, may be approved administratively in accordance with Section S of this Chapter: A. only applications for preexisting uses or uses explicitly classified as allowed uses, including accessory uses, by the approved interim use permit governing the use of the property are eligible for administrative approval. B. The permit 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. 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 complete and in full accordance with the requirements of section 20--9-0 of this chapter. 20-5-0: EXPIRATION OF INTERIM USE PERMIT APPROVAL: A. Unless otherwise specified by the city council at the time it is authorized, an interim use permit shall be null and void and expire if the applicant fails to utilize such interim use permit and fulfill each and every 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 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 interim use permit request. 2. The request for extension states facts demonstrating that a good faith attempt 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. 4. The extension shall not exceed ninety (90) days from the initial interim use permit expiration date. 5. There shall be no charge for the filing of a petition for an administrative extension. B. Upon receiving a recommendation from the Planning Commission and City staff, the city council may grant an extension of the interim use permit of greater than ninety (90) days provided that: 1. The conditions described in subsection A.1-3 above are satisfied. 2. The extension shall not exceed one (1) year from the initial interim use permit expiration date. 3. The filing of a petition for extension is subject to fee requirements established by City council resolution. 20-4-7: REVOCATION OF INTERIM USE PERMITS: A. The Planning Commission may recommend, and the city council may direct, the revocation of any interim use permit for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of this chapter, city codes, or other applicable regulations. B. The city council or Planning commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. C. The application shall be processed and considered pursuant to Section 20-5-2 of this Chapter. 20-4-8: PERFORMANCE SECURITY: 17 A. Except in the case of non -income producing residential property (excluding relocated structures), upon approval of an interim 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. 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 in the amount equal to the Zoning Administrator's estimated costs of labor and materials for the proposed improvements or development. Said project may be 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 with the interim use permit and ordinances of the city has been issued by the City Building Official. D. Failure to comply with the conditions of the interim 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 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 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. 20-5-9: CERTIFICATION OF TAXES PAID: Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates. 20-5-10: INITIATION: The City council or the Planning commission may, upon their own motion, initiate a request for an interim 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 an interim use permit for 18 said real estate in conformance with the provisions of this Section. Section 16. Section 6 of the Zoning ordinance (Administration - Variances) is hereby amended to add the following provision: 20-6--2: BOARD OF ADJUSTMENT AND APPEALS: The city council shall serve as the Board of Adjustment and Appeals. Section 17. Section 20-6-2 of the Zoning ordinance (Administration - Variances) is hereby amended to read as follows: 20-6--3: REVIEW CRITERIA= 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. A. "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. B. The applicant for variance shall also demonstrate that the request satisfies the following criteria: �. That the variance would be consistent with the comprehensive Plan. 2. That the variance would be in harmony with the general purposes and intent of this Chapter. 3. That the plight of the landowner is due to circumstances unique to the property not created by the current or any previous landowner. 4. That the purpose of the variance is not exclusively economic consideration. 5. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. 6. That the requested variance is the minimum action required to eliminate the practical difficulty. WM C. 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. D. The Planning Commission, in the case of a major variance, and based upon a report and recommendation by the City staff, shall have the power 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. E. 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. Section 18. Section 20-5-3 of the Zoning ordinance (Administration -- Variances) is hereby amended to read as follows: 20--E-4: PROCEDURES: A. Minor Variances: 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: a. Cases where practical difficulties to existing buildings or platted property are created as a result of public action or change in City Code standards other than those amendments affecting floodplain, shoreland, wetland, and/or wild and scenic river regulations. b. Structure or setback deviations which are characteristic of and common to neighboring uses and which do not exceed five (5) feet or more than a ten (10) percent departure from a standard established by this Chapter. B. Major Variances: r Ii Classification. All variances which are not classified as "minor" shall be deemed "major" variances. C. Processing. A Request for a minor or major variance shall be filed 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 2-4-2 of the City Code. a. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use including the information required by Section 20-9-6 of this chapter. b. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. C. 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 expense of the applicant and said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. d. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. 2. Proof of Ownership or Authorization: The applicant shall supply proof of title and the legal description of the property for which the variance 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 interim use permit. 3. Upon receipt of said application for a major variances the city clerk shall set a public hearing to be conducted by the Planning Commission following proper hearing notification as applicable. 21 a. 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. b. Written notification of said hearing shall be mailed to surrounding area property owners within three hundred fifty (350) feet of the property in question at least ten (10) days prior to the hearing. C. 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. d. 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. 4. 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. 5. 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. Failure by the applicant to attend meetings at which the application is to be considered by the Planning Commission or city Council may be grounds for denial of the request. 6. The Planning Commission shall male 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. 7. 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 sixty (60) days after the first regular Planning Commission meeting at which the request was considered. 8. Upon completion of the report and recommendation of the Planning Commission, the request shall be scheduled for consideration on 010 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. 9. 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. 10. 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 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 back to the Planning Commission for further consideration. Approval of a request shall require passage by a four-fifths (415) majority vote of the city Council. 12. 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. 13. If a request for variance receives approval of the city Council, the City clerk, at the applicant'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. 14. All decisions by the City council involving a variance request shall be final except that an aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the upright County District Court. 15. Whenever an application for variance has been considered and denied by the city council, a similar application for the variance 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: 23 a. If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous variance application have changed significantly. b. If the city Council determines that the circumstances surrounding a previous application has changed significantly. C. If the City Council decides to reconsider such matter by a four --fifth's (416's) vote of the entire City Council. Section 19. Section 6 of the Zoning ordinance (Administration - Variances) is hereby amended to include the following provisions: 20-6-6: AGREEMENT: The approval of a variance 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 between the applicant and the City. once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval. Section 20; Section 20-6-4 of the Zoning ordinance (Administration - Variances} is hereby amended to read as follows: 20-6-6: EXPIRATION OF VARIANCE APPROVAL: Unless otherwise specified by the city, if within one (1) year after granting a variance the use as allowed by 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: A. 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. B. 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. C. A maximum of one (1) extension shall be granted. D. The extension shall not exceed sixty (60) days from the initial variance 24 exp i ration date. E. There shall be no charge for the filing of a petition for the extension. Section 21. Section 5 of the Zoning ordinance (Administration - Variances) is hereby amended to include the following provisions: 20-5-8: CERTIFICATION OF TAXES PAID: Prior to approving an application for a variance, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates. 20-5-9: INITIATION: The City Council or the Planning Commission may, upon their own motion, initiate a request for a variance in conformance with the provisions of this Section. Any person owning real estate or having documented interest therein, may initiate a request for a variance applicable to said real estate in conformance with the provisions of this Section. Section 22. Section 20y-8-2 of the Zoning ordinance (Administration — Administrative Permits) is hereby amended to read as follows: 20-8-2: PROCEDURE: A. Request for an administrative permit shall be filed 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 2-4-2 of the City Code. 2. Such application shall also be accompanied by detailed written and graphic materials fully explaining the proposed change, development, or use including the information required by Section 20-9-5 of this Chapter. 3. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. 4. The Zoning Administrator shall have the authority to request 25 additional information from the applicant or to retain expert testimony at the expense of the applicant, said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. B. Proof of ownership or Authorization: The applicant shall supply proof of title and the legal description of the property for which the administrative 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 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 be 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 based upon (but not limited to) the following factors: 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 be accommodated by existing public services and facilities and will not overburden the City's service 26 capacity. E. The Zoning Administrator shall make a determination on approval or denial of the administrative permit. 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. The Zoning Administrator shall provide the applicant and property owner with written notice of a determination of non-compliance with applicable codes, ordinances, and the standards in this Section and that the application for the permit shall be considered denied. H. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as defined by Section 7 of this Chapter. Section 23. Section 20-8-3 of the Zoning ordinance (Administration — Administrative Permits) is hereby amended to read as follows: 20--8-3: PERFORMANCE STANDARDS: All uses, events or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. Section 24. Section 8 of the Zoning ordinance (Administration — Administrative Permits) is hereby amended to include the following provision: 20-8-4: AGREEMENT: The administrative 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 between the applicant and the City, once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval. Section 25. Section 8 of the Zoning ordinance (Administration — Administrative Permits) is hereby amended to read as follows: 27 20-8-5: NON -PERMIT APPROVALS: given approval authority without a determinations shall be based upon Chapter. In cases where the Zoning Administrator is requirement for an administrative permit, the criteria outlined in Section 20-8-2.D this Section 26. Section 8 of the Zoning Ordinance (Administration — Administrative Permits) is hereby amended to include the following provisions: 20--8-0: EXPIRATION OF ADMINSTRATIVE PERMIT APPROVAL: Unless otherwise specified by the Zoning Administrator at the time it is authorized, an administrative permit shall be null and void and expire if the applicant fails to utilize such administrative permit and fulfill each and every 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 by the Zoning Administrator provided that: A. The extension is requested in writing and filed with the City at least thirty (30) days prior to the expiration of the initial administrative permit request. B. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the administrative permit. C. A maximum of one (1) administrative extension shall be granted. D. The extension shall not exceed ninety (90) days from the initial administrative permit expiration date. E. There shall be no charge for the filing of a petition for an administrative extension. 20-8-7: CERTIFICATION OF TAXES PAID: Prior to approving an application for an amendment, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates. 20-8-8: INITIATION: The City Council or the Planning Commission may, upon their own motion, initiate a request for an administrative permit in conformance with the provisions of this Section. Any person owning real estate or having documented interest therein, may initiate a request for an administrative permit 28 applicable to said real estate in conformance with the provisions of this Section. Section 27. Section 20-9-2 of the Zoning Ordinance (Administration — Site and Building Plan Review) is hereby amended to include the following provisions: 20-9-2: APPLICATION: All building and site plans for townhouse, multiple family, commercial, or industrial construction shall be subject to review by the Planning Commission and approval by the City council. except that those plan modifications meeting the following criteria, as determined by the Zoning Administrator, may be approved administratively in accordance with Section 8 of this chapter: A. only applications for preexisting uses or uses explicitly classified as allowed uses, including accessory uses, by previously approved site and building plans governing the use of the property are eligible for administrative approval. B. The site and building plan 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. C. The permit modification shall comply with all requirements of the applicable zoning district and all other performance standards of this Chapter or the City code. D. All applications for site and building plan modification shall be complete and in full accordance with the requirements of section 20-9-0 of this Chapter. Section 28. Section 20-9--3 of the Zoning Ordinance (Administration — Site and Building Plan Review) is hereby repealed in its entirety and amended to include the following provisions: 20-9-3: PROCEDURE: A. Request for site and building plan approval shall be filed with the City on an official application form and processed in accordance with this Section and Minnesota Statutes 15.99. 1. An application shall be accompanied by a fee as provided for by Wt Section 2-4-2 of the city code. 2. Such application shall also be accompanied detailed written and graphic materials fully explaining the proposed change, development, or use including the information required by Section 20--9_0 of this chapter. 3. The request shall be considered as being officially submitted when the Zoning Administrator determines that all the information requirements are complied with. 4. 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 expense of the applicant, said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. 5. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. B. Proof of Ownership or Authorization: The applicant shall supply proof of title and the legal description of the property for which the site and building plan approval 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 site and building plans. C. 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. D. 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. E. The Planning commission and City Council shall review the proposed site plan based upon compliance with the comprehensive Plan, provisions of this chapter, and other applicable chapters of the city code. 9 F. The Planning commission shall 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 this chapter. G. The city Council shall not consider or act upon an application 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. H. Upon completion of the report and recommendation of the Planning Commission, the request shall be scheduled for consideration 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. 1. 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 process and thus the final recommendation of the city Council will differ from that of the Planning Commission, the city council may before taping final action, refer the matter back to the Planning commission for further consideration. J. Approval of a request shall require passage by a majority vote of the city 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 building plan approval receives approval of the City council, the City at the applicant'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. Section 29. Section 20-9--4 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to read as follows: 20--9-4: AGREEMENT: The site and building plan approval 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 between the applicant and the City. once approved, no changes, modifications or alterations shall be made to any plan detail, standard, 31 or specifications without prior submission of a plan modification request to the Zoning Administrator for review and approval. Section 30. Section 20-9--5 of the Zoning ordinance (Administration -- Site and Building Plan Review) is hereby repealed in its entirety and amended to read as follows: 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 building plans shall be null and void and expire 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 petition for an extension of time in which to complete or utilize the permit has been granted by the Zoning Administrator provided that: A. The extension is requested in writing and filed with the City at least thirty (30) days prior to the expiration of the initial site and building plan approval request. B. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted site and building plans. C. A maximum of one (1) administrative extension shall be granted. D. The extension shall not exceed ninety (90) days from the initial administrative permit expiration date. E. There shall be no charge for the filing of a petition for an administrative extension. Section 31. Section 9 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to include the following provisions: 20--9-6: INFORMATION REQUIREMENT: The information required for all site plan applications shall consist of the following items, and shall be submitted unless waived by the Zoning Administrator: A. Site boundaries, buildings, structures and other improvements on the site shall be identified with a current certificate of survey, prepared and signed by a Minnesota licensed land surveyor, depicting the following: 32 Scale of plan (engineering scale only), at one inch equals fifty (1" -= 50') feet or less. 2. North point indication. 3. Existing boundaries with lot dimension and area. 4. Existing site improvements. 5. All encroachments. 5. Easements of record. 7. Legal description of the property. 8. Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject property. B. A site plan utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following: I . Name and address of developer/owner. 2. Name and address of arch itectldesigner. 3. Date of plan preparation. 4. Dates and description of all revisions. 5. Name of project or development. 5. All proposed improvements, including: a. Required and proposed setbacks. b. Location, setback and dimensions of all proposed buildings and structures. C. Location of all adjacent buildings located within one hundred (100) feet of the exterior boundaries of the property in question. d. Location, number, dimensions, and setbacks of proposed parking spaces and drive aisles. 33 e. Location, number, and dimensions of proposed loading spaces. f. Location, width, and setbacks of all curb cuts and driveways. g. Vehicular circulation. h. Sidewalks and trails. i. Location and type of all proposed lighting, including details of all proposed fixtures and photometric illumination. Location of recreation and service areas. k. Location of rooftop equipment and proposed screening. 1. Provisions for storage and disposal of waste, garbage, and recyclables, including details for screening exterior trash/recycling enclosures. m. Location, sizing, and type of water and sewer system mains and proposed service connections. C. Grading, drainage and erosion control plan, utilizing a copy of the current certificate of survey as a base for the site in question, prepared and signed by a Minnesota licensed engineer, depicting the following; 1 . Existing contours at two (2) foot intervals (may be prepared by a Minnesota licensed surveyor). 2. Proposed grade elevations at two (2) foot maximum intervals. 3. Drainage plan, including the configuration of drainage areas and calculations. 4. Storm sewer, catch basins, invert elevations, type of castings, and type of materials. 5. Spot elevations (may be prepared by a Minnesota licensed surveyor). 5. Proposed driveway grades. 7. Surface water ponding and treatment areas. 34 8. Erosion control measures. D. Landscaping plan, utilizing a copy of the current certificate of survey as a base for the site in question, depicting the following: 1. Planting schedule (table) containing: a. Symbols. b. Quantities. C. Common names. d. Botanical names. e. Sizes of plant material. f. Root specification (bare root, balled and burlapped, potted, etc.). g. Special planting instructions. 2. Location, type and size of all existing significant trees to be removed or preserved. 3. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). 4. Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like. 5. Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials used. 6. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. 7. Delineation of both sodded and seeded areas with respective areas in square feet. 8. Coverage plan for underground irrigation system, if any. 9. Where landscape or manmade materials are used to provide screening IM from adjacent and neighboring properties, a cross -through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation. 10. Other existing or proposed conditions which could be expected to affect landscaping. E. Other plans and information as required by the zoning Administrator including, but not limited to: 1. Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces). 2. "Typical" floor plan and "typical" room plan drawn to scale with a summary of square footage for each use or activity. 3. Fire protection plan. 4. Extent of and any proposed modifications to land within the environmental protection districts, as established by chapter 50 of this Chapter. 5. Type, location and size (area and height) of all signs to be erected upon the property in question. 0. Vicinity map showing the subject property in reference to nearby highways or major street intersections. 7. Sound source control plan. 8. Wetland delineation report. 20--9--7: PERFORMANCE SECURITY: A. Except in the case of non -income producing residential property (excluding relocated structures), upon approval of site and building plans 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. 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 in the amount equal to the Zoning Administrator's estimated costs of labor and materials for the proposed improvements or development. Said project may be 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 with the interim use permit and ordinances of the City has been issued by the City Building Official. D. Failure to comply 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 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 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. 20-9-8: CERTIFICATION OF TAXES PAID: Prior to approving an application for a site and building plan review, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the site plan and building review application relates. Section 32. Section 10 of the Zoning ordinance (Administration — Certificate of Zoning Compliance) is hereby repealed in its entirety, Section 11 (Administration — Enforcement and Penalties to be renumbered as Section 10 and Section 1 '1 to be reserved. Section 33. Section 20-15-3 of the Zoning Ordinance (Administration — Non - Conforming Lots, Buildings, Structures and Uses) is hereby amended to read as follows: 20-15-3: GENERAL PROVISIONS: 37 A. Except as provided below, any non -conforming structure or use lawfully existing upon the effective date of this chapter 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 terms shall be defined as follows: 1. Expansion, enlargement, or intensification: Any increase in a dimension, size, area, volume, or height, any increase in the area of use, any placement of a structure or part thereof where none existed before, any addition of a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool, any improvement that would allow the land to be more intensely developed, any move of operations to a new location on the property, or any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use, the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees, and other factors deemed relevant by the city. 2. Improvement: Making the nonconforming use better, more efficient, or more aesthetically pleasing, including any change that does not replicate what preexisted, but does not include an expansion, enlargement, or intensification. 3. Replacement, reconstruction or restoration: Construction that exactly matches preexisting conditions. B. Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as specifically provided in this section, unless: '1. The nonconformity or occupancy is discontinued for a period of more than one (1) year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value as determined by the City, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the City may impose reasonable conditions W upon a building permit in order to mitigate any newly created impact on adjacent property. 3. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. 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 plans; provided construction is started within sixty (00) days of the effective date of this chapter, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. Such structures and use shall thereafter be a legally non- conforming structure or use. D. 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. E. Except as herein provided, alterations may be made 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. G. When any lawful non -conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non -conforming use. H. A lawful non -conforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. once a non -conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non -conformity. M Section 34. Section 20-90-3 of the Zoning ordinance (Heritage Preservation Sites) is hereby amended to read as follows: 20--90-3: ESTABLISHMENT OF HERITAGE PRESERVATION COMMISSION: The city Council shall appoint an advisory commission to be known as the Otsego Heritage Preservation commission. Membership qualification, terms and bylaws of such commission shall be established by city Council resolution. commission members must be persons with demonstrated interest and expertise in historic preservation and a majority of the members must reside within the city of Otsego. The Heritage Preservation commission shall include, if available, a member of the Wright county Historical Society. Section 35. This ordinance shall become effective immediately upon its passage and publication. i�9-Eel -k I TA k-' ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the city council of the city of Otsego this 13t" day of January, 2014. ATTEST: Tami Loff, city clerk CITY OF OTSEGO I awya Jessica L. Stockamp, Mayor 40 1 SUMMARY OF ORDINANCE NO.: 2014-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-1-0 of the Zoning ordinance (Title and Application) is hereby amended to address legally established uses classified as interim uses by the Zoning ordinance. Section 2. Section 20-3-1 of the Zoning ordinance (Administration - Amendments) is hereby to revise the purpose section of the Chapter for administration of amendment requests. Section 3. Section 20-3-2 of the Zoning ordinance (Administration - Amendments) is hereby amended to revise the procedures for amendment requests. Section 4. Section 3 of the Zoning ordinance (Administration -- Amendments) is hereby amended to include a provision requiring certification of taxes paid. Section 5. Section 20-4-2 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to revise the procedures for conditional use permit requests. Section 8. Section 20-4--3 of the Zoning ordinance (Administration -- Conditional Use Permits) is hereby amended to include a provision that approvals constitute an agreement between the applicant and the City. Section 7. Section 20-4-4 of the Zoning ordinance (Administration — conditional Use Permits) is hereby repealed in its entirety and subsequent sections renumbered accordingly; Section 8. Section 20-4-5 of the Zoning ordinance (Administration - conditional Use Permits) is hereby amended to revise provisions related to amendment of a conditional use permit. 1 Section 9. Section 20-4--5 of the Zoning ordinance (Administration - conditional Use Permits) is hereby amended to address expiration of conditional use permits. Section 10. Section 4 of the Zoning ordinance (Administration - Conditional Use Permits) is hereby amended to add the following provisions addressing revocation of a conditional use permit: Section 11. Section 4 of the Zoning ordinance (Administration - conditional Use Permits) is hereby amended to add a requirement for certification of taxes paid. Section 12. Section 20-5-2 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to revise the process for interim use permit requests. Section 13. Section 20-5-3 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to include a provision regarding approvals being an agreement between the applicant and city. Section 14. Section 20-5-4 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to address termination of an interim use permit. Section 15. Section 5 of the Zoning ordinance (Administration - Interim Use Permits) is hereby amended to add the following provisions related to amendment, expiration and revocation of an interim use permit, performance security, certification of taxes paid and initiation of an application. Section 15. Section 6 of the Zoning ordinance (Administration - Variances) is hereby amended to add the following provision designating the city council the Board of Adjustment and Appeals. Section 17. Section 20-6-2 of the Zoning ordinance (Administration - Variances) is hereby amended to revise the review criteria for variance applications. Section 18. Section 20-6-3 of the Zoning ordinance (Administration - Variances) is hereby amended to revise the procedures for variance requests. Section 19. Section 6 of the Zoning ordinance (Administration - Variances) is hereby amended to include a provision making an approval an agreement between the applicant and City. Section 20. Section 20-6-4 of the Zoning ordinance (Administration - Variances) is hereby amended regarding expiration of variance approvals. 2 Section 21. Section 8 of the Zoning ordinance (Administration - Variances) is hereby amended to include a requirement for certification of taxes paid and provisions for initiation of a request. Section 22. Section 20--8-2 of the Zoning ordinance (Administration -- Administrative Permits) is hereby amended to revise the procedures for administrative permit requests. Section 23. Section 20-8-3 of the Zoning ordinance (Administration — Administrative Permits) is hereby amended to revise provisions related to compliance with the requirements of the Zoning ordinance. Section 24= Section 8 of the Zoning ordinance (Administration — Administrative Permits) is hereby amended to include a provision making an approval an agreement between the applicant and the City. Section 25. Section 8 of the Zoning ordinance (Administration -- Administrative Permits) is hereby amended to address non -permit approvals. Section 26. Section 8 of the Zoning Ordinance (Administration — Administrative Permits) is hereby amended to include provisions related to expiration of an administrative permit, certification of taxes paid and initiation of an application. Section 27. Section 20-9--2 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to include the following provisions: 20-9-2: APPLICATION: All building and site plans for townhouse, multiple family, commercial, or industrial construction shall be subject to review by the Planning Commission and approval by the City Council. except that those plan modifications meeting the following criteria, as determined by the Zoning Administrator, may be approved administratively in accordance with Section 8 of this Chapter: A. only applications for preexisting uses or uses explicitly classified as allowed uses, including accessory uses, by previously approved site and building plans governing the use of the property are eligible for administrative approval. B. The site and building plan 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. 3 Section 28. Section 20-9-3 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby repealed in its entirety and amended to include the provisions for the procedure for reviewing site and building plan review applications. Section 29. Section 20-9-4 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby amended to revise provisions related to an approval being an agreement between the applicant and the City. Section 30. Section 20-9--5 of the Zoning ordinance (Administration — Site and Building Plan Review) is hereby repealed in its entirety and amended to establish provisions for expiration of site and building plan approval. Section 31. Section 9 of the Zoning ordinance (Administration -- Site and Building Plan Review) is hereby amended to include the provisions outlining information requirements, performance security and certification of taxes paid. Section 32. Section 10 of the Zoning ordinance (Administration -- Certificate of Zoning Compliance) is hereby repealed in its entirety, Section 11 (Administration — Enforcement and Penalties to be renumbered as Section 10 and Section 1 '1 to be reserved. Section 33. Section 20--15-3 of the Zoning ordinance (Administration -- Non - Conforming Lots, Buildings, Structures and Uses) is hereby amended so as to be consistent with the provisions of Minnesota Statues 462.357. Section 34. Section 20-96-3 of the Zoning ordinance (Heritage Preservation Sites) is hereby amended to modify membership eligibility requirements. Section 35. This ordinance shall become effective immediately upon its passage and publication. MOTION BY; SECOND BY: ALL IN FAVOR: ADOPTED by the City Council of the City of Otsego this 13t" day of January, 2014., 11 CITY of OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd. 1 0, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerks Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. 9