(A) Improvement defined. As used in this section, "IMPROVEMENT" means any alteration to land or any other physical construction on the land.
(B) Compliance with the State Route 32 Overlay District. All development in the SR 32 Overlay District must comply with the SR 32 Overlay District. In the event some development is not governed by the SR 32 Overlay District or is not otherwise subject to the Planning Department's ordinary improvement-location-permitting process, the property owner and/or developer may not construct any improvement on a parcel of property that abuts the Midland Trace public recreational trail, or that is within 600 feet from the boundary of the Midland Trace public recreational trail (whichever distance is greater), unless it first obtains a permit from the Common Council as set forth herein.
Cross-reference:
For the requirements for development in the State Road 32 Overlay District, see § 159.109(J)
(C) Permit application.
(1) The Mayor, or his or her designee, shall prepare a permit application form, seeking at least the following information from any person, corporation, business, publicly held trust, or any other entity seeking to construct any improvement that is not governed by the SR 32 Overlay District or is not otherwise subject to the Planning Department's ordinary improvement-location-permitting process on a parcel of property that abuts the Midland Trace public recreational trail, or that is within 600 feet from the boundary of the Midland Trace public recreational trail (whichever distance is greater):
(a) The name of the applicant;
(b) The location of the proposed improvement;
(c) A description of proposed improvement;
(d) How the proposed improvement will minimize impact to the Midland Trace public recreational trail;
(e) Any other information the Mayor or his or her designee determines is necessary.
(2) The city may charge a reasonable fee, not to exceed $300, to any applicant seeking to apply for such permit.
(D) Within 90 days after receipt of the application, the Mayor, or his or her designee, shall submit a written report to the Common Council with a recommendation on whether to approve or not approve the requested improvement. Factors the Mayor shall consider in making such a recommendation are as follows:
(1) Whether the applicant has proposed the least intrusive means of constructing the proposed improvement;
(2) Whether the improvement as proposed endangers the public health, safety, or general welfare of the community (and in particular those using or living along the Midland Trace public recreational trail), and if so, how;
(3) Whether the applicant has taken reasonable measures to mitigate any potential dangers to the public health, safety, or general welfare of the community, and if so, what those measures are;
(4) Whether the applicant has considered the aesthetic impact of the proposed improvement on the surrounding property, and particularly to that area along, under, upon, and across the Midland Trace public recreational trail;
(5) Whether there are alternate means or locations to construct the proposed improvement; and
(6) A cost benefit analysis, weighing other alternatives to the proposed improvement, if any, with the improvement as proposed.
(E) The Council considers the permit application. Within 60 days of receiving the written recommendation from the Mayor, or his or her designee, the Common Council shall hold a public hearing wherein it shall receive information from the Mayor, or his or her designee, the applicant, and any member of the public in favor of or opposed to the improvement. After the closing of the public hearing, the Common Council may approve, deny, or continue the consideration of the permit for a period of not more than 30 days. The Common Council may also place reasonable restrictions on any permit. In determining whether to approve or deny the permit, the Common Council shall consider the following factors:
(1) Whether the applicant has proposed the least intrusive means of constructing the proposed improvement;
(2) Whether the improvement as proposed endangers the public health, safety, or general welfare of the community (and in particular those using or living along the Midland Trace public recreational trail), and if so, how;
(3) Whether the applicant has taken reasonable measures to mitigate any potential dangers to the public health, safety, or general welfare of the community, and if so, what those measures are;
(4) Whether the applicant has considered the aesthetic impact of the proposed improvement on the surrounding property, and particularly to that area along, under, upon, and across the Midland Trace public recreational trail;
(5) Whether there are alternate means or locations to construct the proposed improvement; and
(6) A cost benefit analysis weighing other alternatives to the proposed improvement, if any, with the improvement as proposed.
(F) Violations. It shall be a violation of this section to construct any improvement on a parcel of property that abuts the Midland Trace public recreational trail, or that is within 600 feet from the boundary of the Midland Trace public recreational trail (whichever distance is greater) without first either: (1) complying with the SR 32 Overlay District; (2) obtaining an improvement location permit; or (3) obtaining a permit under this section. For the avoidance of any doubt, any public utility assets that are not owned and operated by the city must first obtain a permit under this section before constructing any improvement.
(G) Penalties. Any violation of this section shall be subject to the following penalties:
(1) Anyone who violates any of the provisions of this section shall be fined up to $2,500 per violation;
(2) Anyone who violates the terms of this section a subsequent time(s) shall be fined up to $7,500. Each day of noncompliance with this section (including making an improvement to property without a permit) shall be considered a subsequent violation; and
(3) Anyone found by a court to have violated this section shall be subject to, and responsible for the city's attorneys' fees, costs, and/or other necessary expenses.
(Ord. 42-06-22, passed 6-28-22)