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ORD 14-01ORDINANCE 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restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or repealed. 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 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. 1. 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 20-9-6 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. 1. Notice of said hearing shall consist of a legal property description and description of request, and be published in the official newspaper at least ten (10) days prior to the hearing. 2. Written notification of said hearing shall be 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. 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 act upon an amendment until they have c 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. 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 (4/5'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 9 one (1) year from the date of its denial except as follows: 1. 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 (4/5'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. 1. 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 20-9-6 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. 5 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 (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. 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 on 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: 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. 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 (60) days after the first regular Planning Commission meeting at which the request was considered. 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: 1. 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. H Section 6. 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. E D. All applications for permit modification shall be complete and in full accordance with the requirements of section 20-9-6 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: 1. 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 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: 20-4-6: REVOCATION OF CONDITIONAL USE PERMITS: A. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance 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 I . 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 20-9-6 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 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. 1. Notice of said hearing shall consist of a legal property description and description of request, and be published in the official newspaper at least ten (10) days prior to the hearing. 2. Written notification of said hearing shall be 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. G. The Planning Commission shall make 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 (60) 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 1. 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 (4/5'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 8 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 20-9-6 of this Chapter. 20-5-6: EXPIRATION OF INTERIM USE PERMIT APPROVAL: A. Unless otherwise specified by the City Council at the time it is authorized, an interim use 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. 16 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: 1. 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. 19 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 20-6-3 of the Zoning Ordinance (Administration - Variances) is hereby amended to read as follows: 20-6-4: PROCEDURES: A. Minor Variances: 1. 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: 20 1. 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. 1. 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 variance, 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 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. 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 22 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. 11. Approval of a request shall require passage by a four-fifths (4/5) 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 Wright 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 (415'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: 20-6-5: 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 expiration date. E. There shall be no charge for the filing of a petition for the extension. Section 21. Section 6 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 property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the application relates. 20-6-9: 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 20-8-2 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. 1. 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 20-9-6 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 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: 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 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: In cases where the Zoning Administrator is < given approval authority without a requirement for an administrative permit, determinations shall be based upon the criteria outlined in Section 20-8-2.D this Chapter. Section 26. Section 8 of the Zoning Ordinance (Administration — Administrative Permits) is hereby amended to include the following provisions: 20-8-6: 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 no 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 20-9-6 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: 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 29 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 20-9-6 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, 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. 30 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. I. 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. 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. t 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 1. 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. 6. 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: 1. Name and address of developer/owner. 2. Name and address of architect/designer. 3. Date of plan preparation. 4. Dates and description of all revisions. 5. Name of project or development. 6. 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. j. Location of recreation and service areas. k. Location of rooftop equipment and proposed screening. I. 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). 6. 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 35 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: Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces). "Typical" floor plan and "typical' room plan drawn to scale with a summary of square footage for each use or activity. 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. Type, location and size (area and height) of all signs to be erected upon the property in question. 6. 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. 36 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 11to 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 IN 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 (60) 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. K 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. 39 Section 34. Section 20-96-3 of the Zoning Ordinance (Heritage Preservation Sites) is hereby amended to read as follows: 20-96-3: 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: Heidner SECOND BY: Darkenwald ALL IN FAVOR: Stockamp, Heidner, Darkenwald, Warehime THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 13th day of January, 2014. ATTEST: .Jin-ZI Y" , "� Tami Loff, City Clerk M CITY OF OTSEGO v