(A) Comprehensive Plan amendments.
(1) Purpose and scope. This section sets out the procedure to follow when considering a change to the Comprehensive Plan.
(2) Initiation of proceedings. Proceedings for the amendment of the Comprehensive Plan shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an owner pursuant to § 153.027(B), Authority to File Applications;
(b)
Recommendation of the Planning Commission;
(c) Recommendation of the Community Development Department; or
(d) Action of the City Council.
(3) Application.
(a) All applications to amend the Comprehensive Plan shall be in accordance with § 153.027, Common Review Procedures & Requirements.
(b) In addition to the common review requirements, applications for Comprehensive Plan amendments shall also include the following:
1. The name of the applicant;
2. A narrative explaining the requested change and the reasons why the Comprehensive Plan should be amended per the request;
3. The legal description of all real property proposed for change (if applicable);
4. The existing and proposed land use and zoning designations for all properties proposed to change (if applicable);
5. A map of the properties to be modified to a different land use category, showing the addresses and land uses for adjacent properties (if applicable);
6. The proposed text and/or maps to be added, amended, or deleted from the Comprehensive Plan along with documentation as to the location of the text changes in the Comprehensive Plan, if applicable.
(4) Review.
(a) Planning Commission. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I). Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
(b) City Council. The City Council may hold a public hearing on the amendment if they deem such necessary or it is deemed necessary by the Community Development Department. After consideration of the Planning Commission recommendation and/or hearing, if applicable, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. Approval of an amendment shall require the approval of two-thirds of all the members of the City Council, except as may be exempted by state statute.
(5) Approval criteria. Recommendations and decisions on Comprehensive Plan amendments shall be based on consideration of the following criteria:
(a) Whether the proposed amendment corrects an error or addresses the need resulting from some changing condition, trend, or fact arising since the adoption of the Comprehensive Plan;
(b) Whether the proposed amendment is consistent with the guiding principles of the Comprehensive Plan;
(c) The extent to which the proposed amendment addresses a demonstrated community need;
(d) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public;
(e) The impacts on the natural and built environments, including air, water, noise, stormwater management, wildlife habitat, water quality, vegetation, drainage, streets, and other engineering design or environmental factors;
(f) Whether the proposed amendment is compatible with existing and proposed uses surrounding the subject property; whether the proposed design and land uses are appropriate for the land; and whether the proposed amendment will maintain or improve compatibility among uses and ensure efficient development within the city;
(g) Whether the proposed amendment will result in a logical, orderly and predictable development pattern; and
(h) Whether the proposed amendment is consistent with the purpose of this chapter.
(B) Zoning ordinance text and zoning map amendments.
(1) Purpose and scope. This section sets out the procedures to be followed in reviewing and considering a text change to this chapter or an amendment to the zoning map with the exception of a map amendment to a planned unit development, which shall be subject to the procedures in § 153.028(O), Planned Unit Development.
(2) Initiation of proceedings. Proceedings for the amendment of the text of this chapter or the zoning map shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an owner pursuant to § 153.027(B), Authority to File Applications;
(b) Action of the Planning Commission; or
(c) Application by the Community Development Department; or
(d) Action of the City Council.
(3) Application.
(a) All applications to amend the text of this chapter or the zoning map shall be in accordance with § 153.027, Common Review Procedures and Requirements.
(b) In addition to the common review requirements, applications for changes to the text of this chapter or the Zoning Map shall also include the following:
1. The name of the applicant;
2. A narrative explaining the requested modification and the reasons why the changes are supported by the Comprehensive Plan;
3. The legal description of all real property proposed for change, if applicable;
4. The existing and proposed land use and zoning designations for all properties proposed for change, if applicable;
5. A map of the properties to be modified to a different zoning designation, showing the addresses and zoning designations for the subject properties and the adjacent properties, if applicable;
6. The location of the proposed text to be added, amended, or deleted in this chapter, if applicable.
(4) Review.
(a) Planning Commission. Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I). Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
(b) City Council. The City Council may hold a public hearing on the amendment if deemed necessary by the Community Development Department. After consideration of the Planning Commission recommendation and/or hearing, if applicable, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. Approval of an amendment shall require a majority vote of all members of the City Council except for amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial, which will require the approval of two-thirds of all the members of the City Council.
(5) Approval criteria. Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria:
(a) Whether the proposed amendment corrects an error in the original text or map; or
(b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan.
(C) Variances.
(1) Purpose and scope. The variance process is intended to provide limited relief from the strict requirements of this chapter in those cases where strict application of a particular requirement will create practical difficulties due to circumstances unique to the individual property under consideration. It is not intended that variances be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this chapter may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant’s act or omission.
(2) Initiation of proceedings. Variances shall be initiated by an owner of property or an authorized representative of an owner pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a variance shall be in accordance with § 153.027, Common Review Procedures and Requirements.
(b) In addition to the common review requirements, applications for a variance shall also include the following:
1. A written narrative demonstrating that the criteria for a variance as set out in § 153.028(C)(4)(a) have been met.
2.
A site plan of the property showing all information necessary to allow the city to determine conformance with all zoning provisions, and to calculate the specific variance being requested. Information shall include but not be limited to:
a. Property and structure dimensions;
b. Setback dimensions/measurements;
c. Parking and access locations and dimensions;
3.
If deemed necessary by the Community Development Department, a certificate of survey may be required to be submitted with the application in addition to a site plan. The certificate of survey must detail the information listed in § 153.028(C)(3)(b)2. above.
(4) Review.
(a) Variance criteria. Approval of a variance may only be made upon a determination that practical difficulties will result based on all of the following criteria (see M.S. § 462.357, subd. 6, clause 2, as it may be amended from time to time):
1. The property in question cannot be put to a reasonable use if the provisions of this chapter are strictly applied.
2. The circumstances rendering the property unusable are unique to the property.
3. The circumstances rendering the property unusable were not created by the owner thereof.
4. A variance, if granted, will not alter the essential character of the locality.
5. Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the terms of the regulation.
(b) Board of Adjustment and Appeals. Before any variance is approved, the Board of Adjustment and Appeals shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I). Following the hearing, the Board of Adjustment and Appeals shall consider the request(s) against the variance review criteria outlined in § 153.028(C)(4)(a) and take action on the request(s). In approving a variance, the Board of Adjustment and Appeals may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact at to how the request did not meet one or more of the review criteria.
(c) Appeal of variance decision. Decisions of the Board of Adjustment and Appeals are final unless the applicant or an affected party, including any member of the City Council, files a written appeal outlining the basis for the appeal within ten business days of the decision. Variance appeals shall be reviewed by the City Council as outlined in § 153.028(H)(3)(c) subject to the review criteria in § 153.028(H)(4).
(5) Effect of a variance.
(a) The issuance of a variance shall authorize only the particular variation that is approved by either the Board of Adjustment and Appeals or City Council.
(b) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(6) Subsequent development. Development authorized by the variance shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable chapters or regulations. The granting of a variance does not constitute, imply, or guarantee the granting of any other such required approval (i.e.: a building permit).
(7) Time limit.
(a) Unless otherwise specified in the variance, if a building permit has not been secured within one year of the date of the variance approval, the variance shall become invalid. Permitted timeframes do not change with successive owners.
(b) Upon written request, one extension of one year may be granted by the Community Development Department if the applicant can show good cause.
(8) Amendment. A variance may be amended, extended, or modified only in accordance with the procedures and standards established for originally securing the variance. A request for a change in the conditions of approval of a variance shall be considered an amendment and subject to the full review procedure set forth in this division. An additional application fee may be required before consideration of the amendment request.
(D) Conditional use permits.
(1) Purpose and scope. The conditional use permit process is intended to provide the city with an opportunity to review a proposed use in order to establish reasonable conditions necessary to ensure compatibility between the proposed location and use and surrounding properties. Approval of a conditional use at a location within a zoning classification does not mean the same conditional use can be conducted on any other parcel with the same specific zoning classification. Every application for a CUP will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use.
(2) Initiation of proceedings. A request for a conditional use permit shall be initiated by an owner of property or an authorized representative of an owner pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a conditional use permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a conditional use permit shall also include the following:
1. A written narrative which includes:
a. A description of the proposed conditional use, how it will function on the property, hours of operation (if applicable), and any other information necessary to fully describe the request; and
2. A location map showing the general location of the proposed use within the community and the principal land uses surrounding the parcel on which the conditional use is proposed;
3. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the city can determine whether the proposed use will conform to all City Code standards. Such information may include, but shall not be limited to, the following:
a. Site plan drawn to scale showing parcel and existing topography;
b.
Location and building setbacks per this chapter of all existing and proposed buildings and the size of each (including square footage);
c.
Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks, including dimension of each;
d. Natural features such as woodlands, wetlands, shorelines, etc;
e. Landscaping and screening plans, including species and size of trees and shrubs proposed;
f. Proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated;
g. Type of business or activity and proposed number of employees;
h. Proposed floor plan and elevations of any building with use indicated;
i.
Proposed outdoor storage spaces, including dimensions and detail of all intended storage types (if applicable);
j. Signage plan.
4.
If deemed necessary by the Community Development Department, a certificate of survey may be required to be submitted with the application in addition to or in lieu of a site plan. The certificate of survey shall detail the following information:
a. All existing and proposed structures;
b. Signed by a registered land surveyor;
c. Current (within last six months);
d. Topographic survey and contours of all surface features including drainage ways, wetlands, etc.;
e. Public utilities including pipe size, material type, depths;
f. Private utilities;
g. Legal description; and
h. Easements of record.
5.
Color profile elevation drawings of all sides of new structures to illustrate the proposed visual appearance of new construction. Any landscaping shown on elevations must be shown as it appears in size and height at the time of planting. The elevations shall indicate the visual location and size of all exterior utility and mechanical systems, including HVAC, meters, and powerlines.
6. Any other information that may be reasonably required by the city to evaluate the application.
(4) Review.
(a) Conditional use permit criteria. Approval of a conditional use permit application requires that the city find that conditions can be established to ensure that all of the following criteria will always be met:
1. The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property;
2. The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use;
3. The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area;
4. The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided;
5. The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with city code requirements;
6. The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution;
7. The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled;
(b) Planning Commission. Before any conditional use permit is considered, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I). Following the hearing and subsequent discussion on the merits of the proposal, the Planning Commission shall adopt findings and recommendations on the general conditional use permit review criteria outlined in § 153.028(D)(4)(a) and any specific criteria outlined for the specific use in §§ 153.090 through 153.093. Recommendations for approval may include such conditions as are deemed necessary to ensure compliance with each of the conditional use permit review criteria. Denial recommendations shall be supported by findings of fact as to why the permit request was denied. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
(c) Industrial and Economic Development Committee. Conditional use permits in commercial or industrial areas may, at the discretion of the Community Development Department, be placed before the Industrial and Economic Development Committee for review and recommendation.
(d) City Council. Upon receiving the recommendations of the Planning Commission, the City Council shall consider the request against the conditional use permit review criteria outlined in § 153.028(D)(4)(a) and take action on the request(s). In approving a conditional use permit, the City Council may impose conditions on the approval as are deemed appropriate to ensure compliance with each of the conditional use permit review criteria. Denial of any request shall be accompanied by findings of fact as to why the requested permit can not be approved.
(5) Reasonable conditions. In approving a CUP, the city may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the conditional use permit review criteria.
(6) Effect of a conditional use permit approval.
(a) The issuance of a conditional use permit shall authorize only the improvements approved by the City Council.
(b) A conditional use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(7) Subsequent development. Development authorized by the conditional use permit shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable ordinances or regulations. The granting of a conditional use permit does not constitute, imply, or guarantee the granting of any other such required approval (i.e. a building permit).
(8) Time limit.
(a) Unless otherwise specified in the conditional use permit, the operation of the use and/or issuance of building permits for permitted structures shall begin within one year of the date of the conditional use permit approval. Failure to do so will invalidate the conditional use permit. Permitted timeframes do not change with successive owners.
(b) If the operation of the use and/or issuance of building permits has not commenced within one year of the date of approval, the applicant may petition for an extension of time in which to commence the work that has been granted by the conditional use permit. Such extension shall be requested in writing and filed with the Community Development Department at least 30 days before the expiration of the one-year period. The request for extension shall state facts supporting good cause for extension of the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(c) If a use operating pursuant to an approved conditional use permit is discontinued for a period of at least one year, any further use of the property shall conform to the requirements of this chapter. A discontinued conditional use shall not begin operations again without first obtaining approval of a new conditional use permit.
(9) Revocation. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the conditional use permit. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with § 153.027(I). Following the hearing and subsequent discussion, the City Council may revoke the CUP by adopting findings of fact showing there has not been substantial compliance with the required conditions.
(10) Amendments. A conditional use permit may be amended or modified only in accordance with the procedures and standards established when originally securing the conditional use permit. A request for a change in the conditions of approval of a conditional use permit shall be considered an amendment and subject to the full review procedure set forth in this division. An additional application fee may be required before the consideration of the amendment request.
(E) Interim use permits.
(1) Purpose and scope. The purpose and intent of allowing interim uses is:
(a) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.
(b) To allow a use that is presently judged acceptable by the City Council but that, with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.
(c) To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
(2) Initiation of proceedings. A request for an interim use permit shall be initiated by an owner of property or an authorized representative of an owner pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for an interim use permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for an interim use permit shall also include the following:
1. A letter from the applicant explaining the proposal and stating the date or event that will terminate the use;
2. A location map showing the general location of the proposed use within the community and the principal land uses surrounding the parcel on which the interim use is proposed;
3. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the city can determine whether the proposed use will conform to all City Code standards. Such information may include, but shall not be limited to, the following:
a. Site plan drawn to scale showing parcel and existing topography;
b.
Location and buildings setbacks per this chapter of all buildings and the size of each, including square footage;
c. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks including dimensions of each;
d. Natural features such as woodlands, wetlands, shorelines, etc;
e. Landscaping and screening plans, including species and size of trees and shrubs proposed;
f. Proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated;
g. Type of business or activity and proposed number of employees;
h. Proposed floor plan and elevations of any building with use indicated;
i.
Proposed outdoor storage spaces, including dimensions and detail of all intended storage types (if applicable);
j. Signage plan.
4.
If deemed necessary by the Community Development Department, a certificate of survey may be required to be submitted with the application in addition to or in lieu of a site plan.
5. A signed consent agreement, provided by the City of Monticello, agreeing:
a. That the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit;
b. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and
c. That the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the interim use permit.
6. Any other information that may be reasonably required by the city to evaluate the application.
(4) Review.
(a) Interim use permit criteria. Approval of an interim use permit application requires that the city find that conditions can be established to ensure all of the following criteria will always be met:
1. The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, odor, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community.
3. The use will not adversely impact implementation of the comprehensive plan.
4. The date, event, or change in circumstances that will terminate the use is identified with certainty.
5. The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future.
6. The applicant agrees to all conditions that the City Council deems appropriate to allow the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
7. There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel.
(b) Planning Commission. Before any interim use permit is considered, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I). Following the hearing and subsequent discussion on the merits of the proposal, the Planning Commission shall adopt findings and recommendations on the general interim use permit review criteria outlined in § 153.028(E)(4)(a) and any specific criteria outlined for the specific use in §§ 153.090 through 153.093. Recommendations for approval may include such conditions as are deemed necessary to ensure compliance with each of the interim use permit review criteria. Denial recommendations shall be supported by findings of fact as to why the permit request was denied. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review.
(c) Industrial and Economic Development Committee. Interim use permits in commercial or industrial areas may, at the discretion of the Community Development Department, be placed before the Industrial and Economic Development Committee for review and recommendation.
(d) City Council. Upon receiving the recommendations of the Planning Commission, the City Council shall consider the request against the interim use permit review criteria outlined in § 153.028(E)(4)(a) and take action on the request(s). In approving an interim use permit, the City Council may impose conditions on the approval as are deemed appropriate to ensure compliance with each of the interim use permit review criteria. Denial of any request shall be accompanied by findings of fact at to how the request did not meet one or more of the review criteria.
(5) Reasonable conditions. In approving an interim use permit, the city may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the interim use permit review criteria.
(6) Effect of an interim use permit approval.
(a) The issuance of an interim use permit shall authorize only the improvements and use approved by the City Council as an interim use over the specified timeframe.
(b) An interim use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(7) Termination. An interim use shall be terminated and removed for any of the following reasons, whichever occurs first:
(a) The date, event or circumstances stated in the permit.
(b) Upon violation of conditions under which the permit was issued.
(c) Upon change in the city’s zoning regulations which renders the use nonconforming.
(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.
(8) Revocation. The City Council may revoke an interim use permit upon finding that any of the conditions set forth in the permit are violated. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with § 153.027(I). Following the hearing and subsequent discussion, the City Council may revoke the IUP by adopting findings of fact showing there has not been substantial compliance with the required conditions.
(9) Amendments. All requested amendments to an existing interim use permit shall be processed in the same manner as a new application.
(10) Renewal. All renewals of an existing interim use permit shall be processed in the same manner as a new application.
(F) Site plan submittals.
(1) Purpose and scope. The City Council declares it necessary and appropriate to require site plan review of development in certain zoning districts to preserve and promote attractive, well-planned, stable urban conditions, and to review compliance with the requirements of this chapter. Site plan approval by the Community Development Department must be obtained before a building permit is issued in order to ensure the following:
(a) A proposed project’s compatibility with the area environment and with other existing land uses and buildings in the surrounding area.
(b) The quantity, quality, utility, size, and type of a proposed project’s required open space and proposed landscaping improvements.
(c) The ability of a proposed project’s traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians.
(d) The quantity, quality, utility, size, and type of a proposed project’s required community facilities.
(e) The location and adequacy of a proposed project’s provision for drainage and utilities.
(f) Security, fire protection, and life/safety issues.
(2) Applicability.
(a) Unless exempted pursuant to § 153.028(F)(3) below, site plan review shall be required for all residential and nonresidential development (including changes to required parking areas, proposed changes to outside commercial sales or storage areas, etc) prior to the issuance of a building permit or other approval.
(b) The Community Development Department is authorized to review and approve, approve with conditions, or deny Site Plan reviews in accordance with the procedures and standards of this section.
(c) Site plan review shall be required for all new development projects in the CCD, Central Community District, which substantively change the area and/or bulk of any building or use. Such site plan review shall be conducted by the Planning Commission, but shall not be formal Public Hearing. The Planning Commission may choose, at its sole option, to provide for and consider public comment.
(d) In lieu of division (F)(2)(c) of this section, an applicant may choose to request a Concept Review joint meeting between the Planning Commission and City Council, in accordance with the process identified in § 153.028(O)(9)(a).
(3) Exemptions. The following may be exempted from site plan review:
(a) Detached residential uses (i.e. single-family homes).
(b) Residential accessory buildings or other similar structures as determined by the Community Development Department.
(c) The internal construction or change in floor area of a development that does not increase gross floor area, increase the intensity of use, or affect parking requirements on a site that meets all development and site design standards of this chapter.
(d) Temporary uses.
(e) Any building exempted by state statute.
(f) Additions to existing buildings, structures or uses, if, in the opinion of the Community Development Department, such addition does not substantially affect the proposed or current development of adjacent or nearby properties.
(4) Initiation. An application for site plan review may be initiated by the property owner or other person with authority to file an application pursuant to § 153.027(B), Authority to File Applications.
(5) Submittal.
(a) All submittals for site plan review shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to the common application requirements of § 153.028(F)(5)(a) above, submittals for site plan review shall also include at least the following to be considered complete (except as exempted by the Community Development Department). All documents shall be prepared by a registered land surveyor, registered professional engineer, or other qualified professional as directed by the Community Development Department.
1. Name of the project;
2. Name, address and telephone number of applicant, engineer, architect, surveyor and owner of record;
3. Legal description;
4. Date proposed, north arrow, engineering scale, number sheets and name drawer;
5. Vicinity map showing relationship of the development to surrounding streets, rights-of-way and the like;
6. Description of intended use of site, buildings, structures, including type of occupancy and occupancy load;
7. Tabulation box, indicating the following:
a. Size of parcel in acres and square feet;
b. Gross floor area of each building;
c. Percent of site covered by impervious surface;
d. Projected number of employees;
e. Number of seats if intended use is a restaurant or place of assembly;
f. Number of parking spaces required;
g. Number of parking spaces provided, including handicapped;
h. Dimension of parking spaces and aisles;
i. Existing zoning and land use designations; and
j. Area of public open space (if applicable).
8. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations within proposed site plan boundary shown and to a distance of 150 feet beyond;
9. Topographic data within the property to be subdivided and 200 feet beyond the property boundary, showing contours as follows:
a. All areas of the proposed area with a slope greater than 25% must be clearly indicated:
b. Two-foot contours where slope is 7% or less;
c. Two-foot contours where slope is from 7% to 15%; and
d. Ten-foot intervals where slope is greater than 15%.
10. Grading, drainage and erosion control plan prepared by a registered professional engineer, providing all information outlined in § 153.069(D).
11. Utility plans prepared by a registered professional engineer consisting of the following:
a. Location, size and grades of all existing sanitary sewer, water main, hydrants and storm sewer on site or adjacent to for proposed connection;
b. Location of all existing gas mains, electric and phone cables, light poles, power boxes and the like;
c. Location, size, grades and materials for all proposed public sanitary sewer, water main, hydrants and storm sewer;
d. Supplemental calculations for trunk sanitary sewer and water main, if required by the Community Development Department;
e. Supplemental storm sewer computation sheet verifying capacities and volumes for all pipe segments, if required by the Community Development Department; and
f. Existing and proposed drainage and utility easements.
12. Street plans prepared by a registered professional engineer showing the following:
a. All existing and proposed points of ingress/egress;
b. Widths at property lines;
c. Turning radii abutting right-of-way;
d. Center line, paving width, existing and proposed median and curb cuts and intersection of streets and driveways; and
e. Access alignment and grades.
13. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices;
14. Landscape plan prepared by a qualified professional providing all information outlined in § 153.060(D);
15. Location, access and screening detail of large trash handling and recycling collection areas in compliance with the requirements of § 153.092(D)(34);
16.
Building elevations (colored renderings) for all sides of the proposed buildings which detail the materials being used. Any landscaping shown on elevations must be shown as it appears in size and height at the time of planting. The elevations shall indicate the visual location and size of all exterior utility and mechanical systems, including HVAC, meters, and powerlines;
17. Location and screening detail of roof top equipment;
18. Location and detail of signage providing all pertinent information outlined in § 153.028(K)(3)(b) as determined by the Community Development Department;
19. Lighting location, style and mounting and light distribution plan;
20. Project narrative; and
21.
Any other information that may be reasonably required by the city to evaluate the application including but not limited to traffic analysis, floor plans, building elevations, rendered drawings, and materials samples.
(6) Review.
(a) Site plan review criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria:
1. Whether the proposed development is consistent with all the requirements of this chapter and the City Code;
2. Whether the proposed development is in compliance with the applicable zoning district and overlay districts;
3. Whether the proposed development is in compliance with other city approved planning documents; and
4. Whether the proposed development meets all the requirements or conditions of any applicable development approvals.
(b) Site plan review process.
1. Upon receiving a complete submittal for site plan review, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements. The Community Development Department may be assisted in conducting site plan reviews by representatives from other city departments or divisions.
2. Site plan submittals determined to conform with the approval criteria outlined in § 153.028(F)(6)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A notice of site plan approval shall be provided to the submitter that includes all conditions, comments, and recommendations.
3. Site plans not conforming with the approval criteria outlined in § 153.028(F)(6)(a) shall be revised by the submitter to meet the requirements of the city ordinance prior to approval of any other permit.
4. The approval of a site plan by the Community Development Department does not in any way guarantee future approval of other applications that may be required by the regulations of the city (e.g. a building permit, certificate of occupancy, subdivision approval, conditional use approval, etc).
(7) Subsequent development. Development authorized by a site plan approval shall not be carried out until the applicant has secured all other approvals required by this chapter or any other applicable regulations. Such permits and approvals shall only be granted once all conditions of the site plan review and all relevant portions of this chapter are met.
(8) Time limit.
(a)
Unless otherwise specified in the site plan approval, an application for a building permit shall be applied for within one year of the date of the site plan approval, otherwise the site plan shall become invalid. Permitted timeframes do not change with successive owners.
(b)
Upon written request, one extension of one year may be granted by the Community Development Department if the applicant can show good cause.
(9) Amendments of an approved site plan.
(a) Requested amendments that involve one of the following shall be reviewed as a new site plan submittal:
1. The density of the development is to be increased;
2. The gross square footage of nonresidential buildings is to be increased or the number of stories is to be increased;
3. Approved landscaping elements are to be modified;
4. Required open space is to be modified;
5. Drainage, streets, or other engineering design changes will materially alter items approved in the site plan; and/or
6. Major changes are proposed that could potentially create an adverse impact on stormwater quality, stormwater quantity management, or other stormwater management ordinance requirements.
(b) Requested site plan amendments that do not fall into one of the categories outlined in § 153.028(F)(10) above may be approved by the Community Development Department if it is determined that the requested change will NOT:
1. Substantially affect the terms of the original approval; and
2. Result in significant adverse impacts on the surrounding properties or the city at-large.
(c) If, in the opinion of the Community Development Department, a proposed change will substantially affect the terms of the original approval or would result in significant adverse impacts on the surrounding properties or the city at-large, then a re-submittal of a new site plan may be required pursuant to the provisions of this chapter.
(10) Appeal. The applicant for a site plan review may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(G).
(G) Appeal of administrative decisions.
(1) Purpose and scope. This division sets out the procedure to follow when a person claims to have been aggrieved or affected by an administrative decision made under this chapter.
(2) Initiation of proceedings. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the Community Development Department or other administrative official of the city charged with the administration or enforcement of this chapter.
(3) Procedure.
(a) Submission of appeal (application).
1. An appeal pursuant to this division shall be initiated by filing a written appeal of the administrative decision or determination within ten business days of the date of the order, decision, determination, or interpretation with the Community Development Department or other administrative official from whom the appeal is taken.
2. All applications for an appeal shall be in accordance with § 153.027, Common Review Requirements.
(b) Review by the Board of Adjustment and Appeals.
1. Upon receiving the written appeal of the administrative decision or determination, the Community Development Department shall place the matter on the next available agenda of the Board of Adjustment and Appeals.
2. A report prepared by the Community Development Department which is accompanied by all relevant papers, documents, and other materials relating to the order, decision, determination, or interpretation shall be provided to the Board of Adjustment and Appeals prior to the meeting. These materials shall constitute the record of the appeal.
3. Following review of the appeal, the Board of Adjustment and Appeals shall adopt findings of fact and make a decision on the appeal.
4. Decisions of the Board of Adjustment and Appeals are final unless an affected party files a second written appeal outlining the basis for the appeal within five business days of the decision.
(c) Review by the City Council.
1. Upon receiving a second written appeal of the decision rendered by the Board of Adjustment and Appeals, the Community Development Department shall place the matter on the next available agenda of the City Council scheduled at least seven days after the date of the appeal.
2. Materials constituting the record of appeal from the Board of Adjustment and Appeals review shall be provided to the City Council for examination prior to the meeting.
3. Following review of the appeal, the City Council shall review and decide on the appeal in accordance with this chapter and state law.
(4) Review criteria. An order, decision, determination, or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision, determination, or interpretation fails to comply with either the procedural, substantive requirements, or intent of this chapter or state law.
(5) Conditions. The City Council may impose conditions upon their decision to ensure that the requirements and purposes of this chapter are followed.
(H) Building permits.
(1) Purpose. This section establishes when obtaining a building permit is required, how it will be reviewed, what surveys may be required to track construction, and how unauthorized work will be handled.
(2) In general.
(a) No person, firm, or corporation shall erect, alter, construct, enlarge, expand, repair, move, improve, convert, demolish, equip, use, occupy, or maintain any building, structure, or portion thereof, within the City of Monticello until proper permits have been issued by the Community Development Department.
(b) No building permit or other permit pertaining to the use of land or buildings shall be issued unless such building is designed and arranged to conform to the provisions of this chapter.
(3) Exemptions. Building permits shall not be required for those structures and improvements specifically exempted by the adopted building code as may be amended (see Minn. Rule chapter 1300 "Administration of the State Building Code").
(4) Surveys required.
(a) Every application for building permit shall be accompanied by a certified site survey (excluding interior remodels, re-roofs, re-siding and general maintenance) at a scale and in quantities deemed necessary by the Community Development Department. Because the survey will be used to determine an application’s conformance with City Code, it shall be the responsibility of the applicant to ensure information provided on the survey corresponds to submitted building plans (including existing and proposed topography). An issued building permit shall authorize only land alterations identified on the survey. Surveys shall include all information as deemed necessary by the Community Development Department to provide for the enforcement of this chapter.
(b) All new structures shall provide to the city an as-built foundation survey upon completion of work to the foundation unless exempted by the Community Development Department. The as-built foundation survey shall certify both the final setbacks of the structure being built, and the elevations at which the new structure exists. Failure to provide a foundation survey upon foundation completion will result in the builder continuing with construction at his/her own risk. Expenditures incurred beyond the construction of the foundation will not be considered in determining the actions required to bring the building back into conformance if not built to approved plans. The foundation survey shall be on-site before the framing inspection is done and approved by the building official.
(c) All new structures shall provide to the city an as-built grading survey upon completion of work unless exempted by the Community Development Department. The as-built grading survey shall certify the final topography of the site and verify the drainage patterns existing upon completion of work. The city reserves the right to withhold the certificate of occupancy for a dwelling until final grading addresses all problems that may be detrimental to adjacent properties.
(5) Review. The Community Development Department shall review all building permit applications for conformance to ordinance requirements.
(6) Unauthorized work. Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in § 153.999. Structures being built out of conformance shall be brought into conformance.
(I) Certificates of occupancy.
(1) Purpose. This section establishes the requirement for city approval prior to the use or occupation of new buildings or structures, or prior to a change in use within an existing structure. Issuance of a certificate of occupancy signifies that the building or structure complies with all code requirements.
(2) Required.
(a) No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Community Development Department stating that the building or structure complies with all provisions of this chapter.
(b) No change in use of an existing building or structure shall occur until a certificate of occupancy shall have been issued by the Community Development Department stating that the building or structure complies with all provisions of this chapter.
(3) Application. A certificate of occupancy shall be applied for coincident with an application for a building permit or prior to a proposed change in use.
(4) Issuance. A certificate of occupancy will be issued within ten days after the Community Development Department shall have completed a final inspection and found the building or structure conforming to all code requirements.
(J) Sign permits.
(1) Purpose and scope. This division sets out the procedures to follow when requesting a sign permit.
(2) Initiation of proceedings. A request for a sign permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a sign permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a sign permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department):
1. Names and addresses of the applicant, owners of the sign and lot.
2. The address(es) at which the sign(s) are to be erected.
3. The lot, block and addition at which the signs are to be erected and the street on which they are to front.
4. Type and size of sign (e.g., wall sign, pylon sign).
5. A site plan (or survey if required by the Community Development Department) which is to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features.
6. Plans, location and specifications and method of construction and attachment to the buildings or placement method on the ground.
7. Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city, if required.
8. Written consent of the owner or lessee of any site on which the sign is to be erected.
9. Any electrical permit required and issued for the sign.
10. A detailed description of any electronic or electrical components that are proposed to be added to the sign.
11.
If the proposed sign is a sandwich board sign to be located in the CCD District within the public right-of-way, the owner of the sign shall provide a certificate of general liability insurance with minimum coverage of $300,000 naming the city as an additional insured for the sign to be located upon the public right-of-way within the CCD, Central Community District.
12. If illuminated, a light distribution plan or other information demonstrating compliance with the lighting requirements of this chapter.
13. Other information to demonstrate compliance with this and all other ordinances of the city.
(4) Review.
(a) Sign review criteria. Approval of a sign permit application shall be based on the following criteria:
1. Whether the proposed sign is consistent with all the requirements of this chapter and any other City Code requirements;
2. Whether the proposed sign is in compliance with the applicable zoning district and overlay district regulations; and
3. Whether the proposed sign meets all the requirements or conditions of any applicable development approvals or agreements.
(b) Sign review process.
1. The Community Development Department will review all sign permit requests.
2. Applications determined to conform with the approval criteria outlined in § 153.028(K)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments.
3. Applications not conforming with the approval criteria outlined in § 153.028(K)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial.
(5) Reasonable conditions. In approving a sign permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with a sign permit review criteria.
(6) Effect of a sign permit approval.
(a) The issuance of a sign permit shall authorize only the installation or replacement of signage approved by the Community Development Department.
(b) A sign permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(7) Time limit.
(a) Failure to install the approved signage within six months of the date of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause.
(8) Amendments. All requested amendments to an existing sign permit shall be processed in the same manner as a new application.
(9) Appeal. The applicant for a sign permit may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(K) Temporary use permits.
(1) Purpose and scope. This division sets out the procedures to follow when requesting a temporary use permit.
(2) Initiation of proceedings. A request for a temporary use permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a temporary use permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a temporary use permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department):
1. A written narrative which includes:
a. A description of the proposed temporary use, how it will function on the property, hours and dates of operation, and any other information necessary to fully describe the request; and
2. A site plan of the property showing all information necessary to accurately depict how the proposed use will function on the site. Information required on the site plan shall include but not be limited to:
a. The location of all existing and proposed structures;
b. Driveways and parking areas;
c. Proposed storage spaces;
d. Natural features such as woodlands, wetlands, shorelines, etc;
e. Proposed number of parking spaces (if applicable).
3. Any other information that may be reasonably required by the city to evaluate the application.
(4) Review.
(a) Temporary use permit review criteria. Approval of a temporary use permit shall only be granted once the Community Development Department has determined the use shall:
1. Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
2. Be compatible with the principal uses taking place on the site;
3. Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
4. Not include permanent alterations to the site;
5. Not maintain temporary signs associated with the use or structure after the activity ends;
6. Not violate the applicable conditions of approval that apply to a site or use on the site;
7. Not interfere with the normal operations of any permanent use located on the property; and
8. Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands.
(b) Temporary use permit review process.
1. The Community Development Department will review all temporary use permit applications.
2. Applications determined to conform with the approval criteria outlined in § 153.028(L)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments.
3. Applications not conforming with the approval criteria outlined in § 153.028(L)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial.
(5) Reasonable conditions. In approving a temporary use permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.
(6) Effect of a temporary use permit approval.
(a) The issuance of a temporary use permit shall authorize only the specific temporary use approved by the Community Development Department over the specified timeframe.
(b)
Issuance of another temporary use permit on the same site for an identical or similar use as determined by the Community Development Department shall be per the requirements of this chapter.
(7) Time limit. No permit shall authorize a temporary use for more than the allowable duration specified in Table 5-6 for the specific temporary use.
(8) Amendments and withdrawals.
(a) All requested amendments to a temporary use permit shall be processed in the same manner as a new application.
(b) Amendments may not alter the allowed timeframe for a temporary use if the temporary use authorized under an existing permit has already begun.
(c) Approved temporary use permits may be withdrawn by the applicant prior to the temporary use beginning to avoid the 90 days between temporary uses requirement in § 153.028(L)(6)(b).
(d) Approved permits for temporary uses that have already begun cannot be withdrawn.
(9) Appeals. The applicant for a temporary use permit may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(L) Administrative home occupation permits.
(1) Purpose and scope. This division sets out the procedures to follow when requesting an administrative home occupation permit.
(2) Initiation of proceedings. A request for an administrative home occupation permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for an administrative home occupation permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for an administrative home occupation permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department):
1. A narrative regarding the home occupation which addresses the following issues:
a. How many employees will be working at the home occupation site;
b.
All activities proposed to occur in conjunction with the home based occupation (i.e. office work, customer visits, sales, stock storage, etc);
c. Vehicle related issues (e.g. will there be a vehicle(s) used in conjunction with the business? Will the business require any non-standard deliveries to the site? Where will customers park? etc).
d. A calculation of the square footage within structures to be used by the home occupation.
2. A site plan showing in general how the home occupation will operate on the site. The site plan should show (as applicable):
a. All buildings to be used by the home occupation;
b. Proposed outdoor storage areas;
c. Proposed parking areas for vehicles and/or customers;
d. Proposed sign location(s) in conformance with sign regulations;
e. Any proposed alterations to buildings to accommodate the home occupation;
f. Any proposed features necessary to hide visible evidence of the home occupation from either the public right-of-way or adjacent properties (e.g. plantings, screening fences, etc).
(4) Review.
(a) Administrative home occupation review criteria. Approval of an administrative home occupation permit shall be based on the following criteria:
1. The home occupation shall meet all of the general requirements for home occupations in § 153.092(D)(18)(d);
2. The home occupation shall meet all of the general requirements specific to administrative home occupations in § 153.092(D)(18)(f);
(b) Administrative home occupation review process.
1. The Community Development Department will review all administrative home occupation permit applications.
2. Applications determined to conform with the approval criteria outlined in § 153.028(M)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments.
3. Applications not conforming with the approval criteria outlined in § 153.028(M)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial.
(5) Reasonable conditions. In approving an administrative home occupation permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.
(6) Effect of an administrative home occupation permit approval.
(a) The issuance of an administrative home occupation permit shall authorize only the activities and uses approved by the Community Development Department.
(b) An administrative home occupation permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(c) The initial administrative home occupation permit for a property may be issued for a period of one year.
(d) Renewals of existing administrative home occupation permits may be issued for periods of up to three years at the discretion of the Community Development Department upon consideration of the operation as observed by staff and the level of complaints made about the home occupation.
(e) An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit.
(7) Time limit.
(a) Failure to begin the approved home occupation within six months of the date of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause.
(8) Amendments. All requested amendments to an administrative home occupation permit shall be processed in the same manner as a new application.
(9) Appeal. The applicant for an administrative home occupation permit may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(M) Grading, drainage and erosion control permit.
(1) Purpose. This section establishes when a grading, drainage stormwater management, and erosion control permit (“grading permit”) is required, how it will be reviewed, information required with the application, and how unauthorized work will be handled. Requiring a grading permit enables the city to protect the public by ensuring that erosion does not endanger water resources or unnecessarily require extra maintenance of sewers and ditches and/or the dredging of lakes and ponds. A grading permit promotes the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. All grading requirements can be found in § 153.069.
(2) In general. A grading permit shall be required for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements:
(a) Five thousand square feet.
(b) Four hundred cubic yards undeveloped land, or 40 cubic yards developed land.
(c) Within 200 feet of a waterway or surface water(s).
(3) Exceptions.
(a) No grading permit is required for land disturbances under the amounts specified in § 153.028(M)(2), or for the following activities:
1. Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
2. General establishment of new construction lawns, or the addition of four or fewer inches of topsoil.
3. Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(b) In the case of grading specific to and in conjunction with a single building permit, a separate grading permit is not required.
1. The building permit shall be reviewed and serve as the grading permit.
2. The individual lot permittee shall be required to provide a letter of credit or other security deemed acceptable by the city with the building permit application.
a. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city ordinance for fee schedule. Said security shall be provided prior to the release of the grading permit.
b. The security shall be released after turf is established as specified in the City Design Guidelines and Plan Requirements Manual, and the turf establishment is inspected by the City of Monticello and deemed to be approved.
(4) Application.
(a) All applications for a grading permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a grading permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department):
1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm.
2. A grading, drainage, stormwater management, and erosion control plan meeting the requirements of § 153.069(D). Each application shall include the required number of plans and other required materials as specified by the Community Development Department.
3. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved grading, drainage, stormwater management, and erosion control plan.
4. The permittee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current city ordinance for fee schedule. This security shall be in addition to the required non-refundable filing fee as specified by city ordinance, which shall be submitted under separate payment.
a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Said security shall be provided prior to the release of the grading permit.
b. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the City of Monticello and deemed to be approved.
(c) The City of Monticello requires complete application no less than 15 working days in advance of the desired grading permit release date.
(5) Review.
(a) Grading permit review criteria. Approval of a grading permit shall be based on the following criteria:
1. Whether the proposed grading permit is consistent with all the requirements of § 153.069 and any other City Code requirements;
2. Whether the proposed grading permit is in compliance with all engineering standards adopted by the city;
3. Whether the proposed grading permit is in compliance with any previous approvals for the facility (e.g. grading for additional parking previously approved by a conditional use permit).
(b) Grading permit review process.
1. The Community Development Department shall review all grading permit applications.
2. Applications determined to conform with the approval criteria outlined in § 153.028(M)(5)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments.
3. Applications not conforming with the approval criteria outlined in § 153.028(M)(5)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial.
(6) Reasonable conditions. In approving a grading permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the grading permit review criteria and other city ordinances.
(7) Effect of grading permit approval. The issuance of a grading permit shall authorize only the changes approved by the Community Development Department as depicted by the application materials.
(8) Time limit.
(a) Failure to complete the authorized grading within six months of the date of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause.
(9) Amendments. All requested amendments to an existing grading permit shall be processed in the same manner as a new application.
(10) Unauthorized work. Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in § 153.999. Driveways or parking lots being built out of conformance shall be brought into conformance.
(11) Appeal. The applicant for a grading permit my appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(N) Driveway permits.
(1) Purpose. This section establishes when a driveway permit is required, how it will be reviewed, information required with the application, and how unauthorized work will be handled. Requiring a driveway permit enables the city to inspect work done within the right-of-way, protect the public by setting and enforcing construction standards and ensure proper pavement construction.
(2) Initiation of proceedings. A request for a driveway permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) In general.
(a) A driveway permit shall be required for the installation, repair, expansion, reconfiguration or resurfacing of any driveway or parking lot intended for use by more than three vehicles.
(b) A driveway permit shall only be issued after the Community Development Department determines the proposed plan sets adhere to the city’s adopted engineering standards.
(4) Application.
(a) All applications for a driveway permit shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a driveway permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department):
1. A written narrative providing the following information:
a. The legal description, address, and owners name of the premises involved;
b. The date on which the proposed improvement is proposed to be commenced;
c. The name, address, and contact information for the contractor being hired to complete the proposed improvements.
2. A site plan (or certified site survey if required by the Community Development Department) at a scale and in quantities deemed necessary by the Community Development Department showing:
a. Lot dimensions;
b. Lot area in square feet;
c. Location of all existing buildings, landscaping, screening and natural features as directed by the Community Development Department (including but not limited to woodlands, wetlands, shorelines, and individual trees which may be impacted by the proposed driveway or parking lot construction);
d.
Location of the existing driveway (if applicable), the proposed driveway and the square footage and dimension of each;
e. Driveway material;
f. Location of existing public sidewalks and trails;
g. Calculation of the existing and proposed impervious surface coverage on the lot;
h. Identify existing and proposed curb types specifically calling out proposed changes to existing facilities.
3. For new construction and expansions, an erosion control plan shall be submitted.
(5) Review.
(a) Driveway permit review criteria. Approval of a driveway permit shall be based on the following criteria:
1. Whether the proposed driveway permit is consistent with all the requirements of this chapter and any other City Code requirements;
2. Whether the proposed driveway permit is in compliance with all engineering standards adopted by the city;
3. Whether the proposed driveway permit is in compliance with any previous approvals for the facility (e.g. adding parking as previously approved by a conditional use permit).
(b) Driveway permit review process.
1. The Community Development Department shall review all driveway permit applications.
2. Applications determined to conform with the approval criteria outlined in § 153.028(O)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments.
3. Applications not conforming with the approval criteria outlined in § 153.028(O)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial.
(6) Reasonable conditions. In approving a driveway permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the driveway permit review criteria.
(7) Effect of driveway permit approval. The issuance of a driveway permit shall authorize only the changes approved by the Community Development Department as depicted by the application materials.
(8) Time limit.
(a) Failure to complete driveway or parking lot improvements within six months of the date of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause.
(9) Amendments. All requested amendments to an existing driveway permit shall be processed in the same manner as a new application.
(10) Unauthorized work. Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in § 153.999. Driveways or parking lots being built out of conformance shall be brought into conformance.
(11) Appeal. The applicant for a grading permit my appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(O) Planned unit developments.
(1) Purpose and intent. The purpose of the Planned Unit Development (PUD) zoning district is to provide greater flexibility in the development of neighborhoods and non-residential areas in order to maximize public values and achieve more creative development outcomes while remaining economically viable and marketable. This is achieved by undertaking a process that results in a development outcome exceeding that which is typically achievable through the conventional zoning district. The city reserves the right to deny the PUD rezoning and direct the developer to re-apply under the standard applicable zoning district.
(2) Initiation of proceedings. Applications for a PUD shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) Reflection on the official zoning map.
(a) PUD provisions provide an optional method of regulating land use which permits flexibility in allowed uses and other regulating provisions. In some circumstances, however, rules and regulations governing the original zoning district, or other zoning regulations found elsewhere in the city’s ordinances, may be appropriate to apply within the PUD. As such, approval of a Planned Unit Development and execution of a PUD agreement shall require the property in question be rezoned to PUD. For each PUD District, a specific ordinance shall be adopted, along with a tracking designation for use on the official zoning map to distinguish it from other PUD districts and identify the adopted ordinance in the City Code. Once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD Plan, the current Minnesota State Building Code and all associated documents, and with all other applicable City Code provisions.
(b) All PUD rezonings approved prior to the effective date of this chapter shall retain their zoning classifications of R-PUD, and shall continue to be governed by the ordinance and resolutions which created these areas.
(c) All PUDs previously granted by conditional use permit shall continue to be regulated under the terms of the CUP.
(4) Permitted locations for PUD rezoning. A rezoning to PUD may be requested for any area regardless of current zoning.
(5) PUD qualifications. Rezonings to PUD will be considered only for areas of land in single ownership or control, except in the following circumstances:
(a) Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;
(b) The land is intended to be developed in accordance with a prior PUD adjacent to or across the street from the subject property;
(c) The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses;
(d) Multiple party ownership is adequately secured through a corporation, partnership, or other legal entity that will ensure the ability to fulfill all of the obligations of the PUD process, including approvals, development, and securities.
(6) Permitted uses within PUDs. Uses within a PUD shall be governed by the ordinance establishing the PUD and by the conditions, if any, imposed by the city in the approval process and PUD documents.
(7) Expectations of a development seeking a rezoning to PUD. Planned unit development is designed to allow flexibility from the application of standard zoning regulations to achieve a variety of public values that will be identified for each specific PUD project. The following list represents examples of public values that may be applicable to any individual PUD project, but is not necessarily inclusive, nor are all examples applicable to all projects:
(a) Ensure high quality construction standards and the use of high quality construction materials;
(b) Promote a variety of housing styles which include features such as side or rear loaded garages, front porches, varying roof pitches, and four sided architecture/articulation;
(c) Eliminate repetition of similar housing types by encouraging a housing mixture that diversifies the architectural qualities of a neighborhood;
(d) Promote aesthetically pleasing design within the neighborhood and appears attractive and inviting from surrounding parcels;
(e) Incorporate extensive landscaping and site amenities in excess of what is required by code;
(f) Provide high-quality park, open space, and trail opportunities that exceed the expectations established in the Comprehensive Plan;
(g) Provide access to a convenient and efficient multi-modal transportation system to service the daily needs of residents at peak and non-peak use levels, with high connectivity to the larger community;
(h) Promote development that is designed to reduce initial infrastructure costs and long-term maintenance and operational costs;
(i) Where applicable, maximize the use of ecologically-based approaches to stormwater management, restore or enhance on-site ecological systems, and protect off-site ecological systems including the application of low impact development (LID) practices;
(j) Facilitate a complementary mix of lifecycle housing;
(k) Preserve and protect important ecological areas identified on the city’s natural resource inventory (NRI);
(l) Accommodate higher development intensity in areas where infrastructure and other systems are capable of providing appropriate levels of public services, and require lower intensity in areas where such services are inadequate, or where natural features require protection and/or preservation.
(8) Areas of flexibility.
(a) The city may consider an increase in the density or intensity of the project, along with related reductions in lot width and size if the PUD provides substantially more site amenities and public values, as outlined in § 153.028(O)(7), than could be achieved in a conventional development for the applicable land use zone.
(b)
The city may consider flexibility with regard to land uses, setbacks, lot size, width, and depth, specific finishing standards of this chapter, and access to public streets, among other zoning and subdivision standards when reviewing a PUD rezoning request. Specifications and standards for lots shall be at the discretion of City Council, and shall encourage a desirable living or working environment which assists in achieving the goals set out for PUDs.
(c) The city may consider flexibility in the phasing of a PUD development. Changes to the proposed staging or timing of a PUD may be approved by the City Council when necessary or on the showing of good cause by the developer.
(9) PUD procedure. All requests for rezoning to planned unit development shall follow the steps outlined below.
(a) PUD concept proposal.
1. Prior to submitting formal development stage PUD, preliminary plat (as applicable) and rezoning applications for the proposed development, the applicant may, at its option, prepare an informal concept plan and present it to the Planning Commission and City Council at a concurrent work session, as scheduled by the Community Development Department. The purpose of the concept proposal is to:
a. Provide preliminary feedback on the concept plan in collaboration between the applicant, general public, Planning Commission , and City Council;
b. Provide a forum for public comment on the PUD prior to a requirement for extensive engineering and other plans;
c. Provide a forum to identify potential issues and benefits of the proposal which can be addressed at succeeding stages of PUD design and review.
2. a. Initiation of proceedings. A request for a PUD concept proposal review shall be initiated by the property owner and other person or party having an interest in concept proposal.
b. Proposal submittal.
(i) All proposals for a PUD concept proposal review shall be in accordance with § 153.027, Common Review Requirements.
(ii) In addition to common review requirements, proposals for a PUD Concept Plan Review shall also include at least the information in § 153.028(O)(9)(b)3. below to be considered complete (except as exempted by the Community Development Department).
c. Specific PUD concept proposal submittal requirements. The following information shall be provided unless waived by staff:
(i) A listing of contact information including name(s), address(es) and phone number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates.
(ii) A listing of the following site data: Address, current zoning, parcel size in acres and square feet and current legal description(s).
(iii) A narrative explaining the applicant's proposed objectives for the PUD, and public values that the applicant believes may be achieved by the project.
(iv) A listing of general information including the number of proposed residential units, commercial and industrial land uses by category of use, public use areas including a description of proposed use, and any other land use proposed as part of the PUD.
(v) Calculation of the proposed density of the project and the potential density under standard zoning regulations, including both gross density and net density, accounting for developable and undevelopable land. Undevelopable land shall include all wetlands, floodplains, sensitive ecological areas identified in the Natural Resource Inventory, slopes greater than 18%, poor soils and areas of concentrated woodlands.
(vi) Outline a conceptual development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational and common space areas).
(vii) A concept PUD proposal illustrating the nature and type of proposed development. At a minimum, the plan should show:
A. Area calculations for gross land area;
B. Existing zoning district(s);
C. Layout of proposed lots and proposed uses. Denote outlots planned for public dedication and/or open space (schools, parks, etc.);
D. Area calculations for each parcel;
E. General location of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel;
F. Location of existing and proposed streets within and immediately adjacent to the subdivision parcel;
G. Proposed sidewalks and trails;
H. Proposed parking areas;
I. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable);
J. General location of wooded areas or significant features (environmental, historical, cultural) of the parcel;
K. Location of utility systems that will serve the property; and
L. Other: An applicant may submit any additional information that may explain the proposed PUD.
(viii) A listing of the areas of flexibility from the standard zoning sought through the use of PUD design.
d. PUD concept plan proposal review. Upon receiving a PUD concept plan proposal, the Community Development Department shall:
(i) Schedule a joint meeting of the Planning Commission and City Council and shall provide notice of the meeting to all property owners within 350 feet of the property boundary of the proposal. During the concurrent meeting, the Planning Commission and City Council may make comment on the merit, needed changes, and suggested conditions which may assist the proposer in future application for proposed rezoning and PUD development plan.
A. The Planning Commission and City Council may also take comment from the public as part of the joint meeting.
B. The Council and Planning Commission shall make no formal decision as part of the consideration The City Council and Planning Commission’s comments are explicitly not an approval or decision on the project, and are intended to represent preliminary feedback related to this PUD ordinance, the applicable zoning regulations, and the Comprehensive Plan.
(b) PUD development stage, preliminary plat, and rezoning.
1. Initiation of proceedings. Requests for PUD development stage, rezoning to PUD and preliminary plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications. The development stage PUD request shall be subject to timelines set by M.S. § 15.99, as it may be amended from time to time. If the applicant has processed an optional concept proposal review pursuant to § 153.028(D)(9)(a), the development stage application shall be submitted within six months of such review. If more than six months have elapsed since the concept review, the applicant may submit a new concept proposal unless the Community Development Department determines to waive this provision.
2. Application.
a. All applications for rezoning to PUD and preliminary plat shall be in accordance with § 153.027, Common Review Requirements.
b. The application for rezoning to PUD shall be in accordance with § 153.028(B), Zoning Ordinance Text and Zoning Map Amendments.
c. The application for preliminary plat (as applicable) shall be in accordance with City Code, data required for preliminary and final plats; and shall include the additional information requirements listed in § 153.028(O)(9)(c)3. below to be considered complete (except as exempted by the Community Development Department).
d.
If the PUD is proposed to develop over a timeframe exceeding two years, a PUD phasing plan for the entire project (to be completed in phases) shall be submitted. Subsequent PUD Final plan applications would only grant approval for an individual phase.
3. Specific PUD development stage, preliminary plat and rezoning submittal requirements. An applicant shall provide a separate PUD development stage plan clearly delineating the proposed development and all features not consistent with underlying zoning regulations (e.g. setback deviations). At a minimum, the plan should show:
a. All required information per § 153.028(O)(9)(b)3.;
b. Administrative information (including identification of the drawing as a “PUD development stage plan,” the proposed name of the project, contact information for the developer and individual preparing the plan, signature of the surveyor and civil engineer certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow);
c. Area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks;
d. Existing zoning district(s);
e. Layout of proposed lots with future lot and block numbers. The perimeter boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots planned for public dedication and/or open space (schools, parks, etc.);
f. Area calculations for each parcel;
g. Proposed setbacks on each lot (forming the building pad) and calculated buildable area;
h. Proposed gross hardcover allowance per lot (if applicable);
i. Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question;
j. Delineation of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel;
k. Delineation of the ordinary high water levels of all water bodies;
l. Grading drainage and erosion control plan prepared by a registered professional engineer, providing all information outlined in § 153.069(C);
m. Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel;
n. Easements and rights-of-way within or adjacent to the subdivision parcel(s);
o. The location and orientation of proposed buildings;
p.
Colored building elevations for all building sides which detail the materials being used. Any landscaping shown on elevations must be shown as it appears in size and height at the time of planting. The elevations shall indicate the visual location and size of all exterior utility and mechanical systems, including HVAC, meters, and powerlines;
q. Proposed sidewalks and trails;
r. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices;
s. Lighting location, style and mounting and light distribution plan.
t. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable);
u. Landscape plan prepared by a qualified professional providing all information outlined in § 153.060(D) including planting counts, sizes and species;
v. Location and detail of signage providing all pertinent information outlined in § 153.028(K)(3)(b).
w. Location, access and screening detail of large trash handling and recycling collection areas in compliance with the requirements of § 153.092(D)(34).
x. Any other information as directed by the Community Development Department.
4. PUD development stage, preliminary plat and rezoning to PUD review.
a. The application for rezoning to PUD shall be reviewed in accordance with § 153.028(B), Zoning Ordinance Text and Zoning Map Amendments.
b. The application for Preliminary Plat shall be reviewed in accordance with City Code Title 11, Preliminary Plat Procedure.
c. As part of the review process for both applications, the Community Development Department shall generate an analysis of the proposal against the expectations for PUDs and this chapter to formulate a recommendation regarding the rezoning to the Planning Commission and City Council.
d. The Planning Commission shall hold a public hearing and consider the application’s consistency with the intent and purpose of the PUD and comprehensive plan goals. The Planning Commission shall make recommendations to the City Council on the merit, needed changes, and suggested conditions of the proposed rezoning, preliminary plat and PUD development plan.
e. In approving or denying the PUD development stage application and ordinance to rezone the subject property to PUD, the City Council shall make findings on the following:
(i) Whether the PUD plan is consistent with the city’s comprehensive plan;
(ii) Whether the PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and greater public benefits than would be achieved under conventional provisions of the ordinance;
(iii) Whether the PUD plan addresses the purpose and intent of the PUD rezoning laid out in § 153.028(O)(1), and the public values statement established at the beginning of the process;
(iv) Whether the PUD plan addresses the expectations of a PUD laid out in § 153.028(O)(7);
(v) Whether the PUD plan maintains or improves the efficiency of public streets, utilities, and other public services;
(vi) Whether the PUD plan results in development compatible with existing adjacent and future guided land uses;
(vii) Whether the PUD can be accommodated by existing public services, such as parks, police, fire, administration, and utilities, or the developer has provided for the growth and extension of such services as a component of the PUD.
(viii) Whether the PUD is designed to take advantage of, and preserve, the natural features of the subject property, including waterways, forested areas, natural prairie, topography, views, etc.
f. An ordinance rezoning the property shall be prepared by the city, for review at the development stage PUD, but adoption of such ordinance shall occur only upon approval of the final stage PUD.
(c) PUD final stage and final plat.
1. Initiation of proceedings.
a.
A final stage PUD plan and final plat that conforms with the approved Development stage PUD and preliminary plat and associated PUD rezoning ordinance shall be submitted no later than 60 days following the development stage PUD approval for review within the time allotted by M.S. § 15.99, as it may be amended from time to time. Applicants may request an extension from the Community Development Department for such submittal for a maximum of an additional six months), and shall request waivers for any statutory time limits as necessary. Applications which fail to meet this deadline shall be deemed void and shall require review and re-application according to the development stage PUD process of this chapter.
b. The request for PUD final stage and final plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications.
2. Application.
a. All applications for PUD final stage and final plat shall be in accordance with § 153.027, Common Review Requirements.
b. The application for PUD final plat shall be in accordance with City Code, Data Required for Preliminary and Final Plats.
c. In addition to general city code requirements, applications for a PUD final stage and final plat shall also include at least the information in § 153.028(O)(9)(d)3. below to be considered complete (except as exempted by the Community Development Department).
3. Specific PUD final stage and final plat submittal requirements.
a. If a PUD master plan for the entire project was submitted and approved as part of the PUD development stage, an updated master plan shall be submitted incorporating all changes required by the PUD development stage approval.
b. The PUD development stage plan shall be updated to incorporate all changes required by the PUD, preliminary plat and rezoning approvals. This document must clearly show all deviations from standard zoning being approved as part of the PUD.
c. The city shall prepare, and the applicant shall execute, a developer’s agreement which references all PUD plans, development phasing, required improvements, completion dates for improvements, the required letter of credit, all required development fees, escrows, and warranties, and any other information deemed necessary by the city.
d. The city shall, upon approval of the PUD final stage, recording of the final plat, and execution of the PUD developer’s agreement, publish the PUD ordinance specifying land use, densities, performance standards, and ongoing general obligations of occupants of the PUD. Such ordinance shall create a zoning district that is specific to the property for which the PUD was applied, and shall be designated in such a way as to be able to mark the official zoning map to identify the PUD ordinance. The PUD ordinance shall also designate that such property is thereby rezoned to the PUD district as adopted.
e. Up-to-date title evidence for the subject property in a form acceptable to the city shall be provided as part of the application for the PUD final plat.
f. Developer shall provide warranty deeds for property being dedicated to the city for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City Council.
g.
Developer shall provide all easement dedication documents for easements not shown on the final plat including those for trails, ingress/egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property.
h. Association declarations and/or other private covenant documents or easements necessary to implement and maintain the PUD as approved by the city.
4. PUD final stage and final plat review. The application for PUD final stage and final plat shall be considered by the City Council at a public meeting, following a review and report by the Community Development Department. Approval of the PUD final stage and final plat shall be by simple majority vote of the City Council, except where State law may specifically require a super majority.
5. Final PUD approval shall occur by adoption of a rezoning ordinance for the subject property specifying the uses, standards, and other requirements of said PUD zoning district. Such ordinance shall include an effective date clause which may delay the effective date of the ordinance until such time as the applicant has met each of the conditions of approval required by the City Council, in addition to other requirements including publication. No approvals are valid, and no permits may be issued, until the ordinance takes effect. If the final PUD is not approved by the City Council, or the applicant fails to meet the conditions as described, the ordinance shall not take effect, and the subject property shall retain its previous zoning designation.
(10) PUD amendments. Approved PUDs may be amended from time to time as a result of unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the applicant shall make an application to the city for a PUD amendment. All such amendments will be processed as one of the following:
(a) Administrative amendment. The Community Development Department may approve minor changes in the location, placement, and height of buildings if such changes are required by engineering or other circumstances, provided the conform to the review criteria applied by the Planning Commission and City Council, and are consistent with all requirements of the PUD ordinance. Under no circumstances shall an administrative amendment allow additional stories to buildings, additional lots, or changes to designated uses established as part of the PUD. An administrative amendment shall be memorialized via letter signed by the Community Development Director and recorded against the PUD property.
(b) PUD Adjustment. An adjustment to a PUD may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. For a PUD adjustment, the applicant shall follow the procedures and requirements of the PUD final stage as identified in this chapter. A PUD adjustment shall be memorialized with an amendment to the PUD development agreement, executed by the city and applicant, and recorded against the PUD property. To qualify for this review, the minor adjustment shall not:
1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features.
2. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials.
3. Alter significantly the location of buildings, parking areas or roads.
4. Increase or decrease the number of residential dwelling units by more than 5%.
5. Increase the gross floor area of non-residential buildings by more than 3% or increase the gross floor area of any individual building by more than 5% (residential lots not guided for specific structure sizes are excluded from this requirement).
6. Increase the number of stories of any building.
7. Decrease the amount of open space or alter it in such a way as to change its original design or intended function or use.
8. Create non-compliance with any condition attached to the approval of the final PUD plan.
(c) PUD amendment. Any change not qualifying for an administrative amendment or a PUD adjustment shall require a PUD amendment. An application to amend a PUD shall be administered in the same manner as that required for a PUD development stage and preliminary plat.
(11) PUD cancellation. A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is inconsistent with the Comprehensive Plan or other application land use regulations, threatens public safety, health, or welfare, or other applicable findings in accordance with law.
(12) Administration. In general, the following rules shall apply to all PUDs:
(a) Rules and regulations. No requirement outlined in the PUD process shall restrict the City Council from taking action on an application if necessary to meet state mandated time deadlines;
(b) Preconstruction. No building permit shall be granted for any building on land for which a PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact, influence, or interfere with the proposed PUD plan.
(c) Effect on conveyed property. In the event any real property in the approved PUD agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved final PUD plan constituting a part thereof as well as the PUD zoning ordinance; provided, however, that nothing herein shall be construed to create nonconforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD.
(Ord. 770, passed 2-28-2022; Ord. 781, passed 7-25-2022; Ord. 786, passed 9-26-2022; Ord. 799, passed 2-27-2023)