Subd. 1. Procedure.
a. Pursuant to M.S. § 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. Pursuant to M.S. § 15.99, the city staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period.
b. Application. Requests for text or map amendments to this chapter or conditional use permits, as provided within this chapter, shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by a fee as provided for by City Council ordinance. This fee shall not be refunded. The application shall also be accompanied by two copies of detailed written and graphic materials fully explaining the proposed change, development or use.
c. Staff review/technical assistance reports. Upon receipt of a complete application for an amendment or conditional use permit, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to insure that informational requirements are complied with. When all informational requirements have been complied with, the request shall be considered officially submitted. Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.
(1) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, land use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons or its rejection, including what information is missing. This rejection shall be sent by first-class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision.
(2) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court.
d. Public hearing. Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for a regularly scheduled Planning Commission meeting and publish a notice in the official newspaper no less than ten days prior to the hearing. The notice shall contain a description of the request and the time and place of the public hearing. Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 500 feet of the boundary of the property related to a conditional/interim use permit and 750 feet of the boundary of the property related to an amendment. Failure of a property owner to receive the notice shall not invalidate any proceedings as set forth within this chapter.
e. Referral to City Council. Upon receipt of the Planning Commission report and recommendation, the Zoning Administrator shall place the request and any report and recommendation on the agenda of the next regularly scheduled meeting of the City Council.
f. City Council action. Upon receiving the request and any report and recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact.
(1) Approval of a request for a zoning district amendment, where the classification of a property will change from residential to commercial, shall require passage by a four-fifths vote of the full City Council. Requests for all other zoning district amendments, text amendments and conditional use permits shall require a simple majority vote of the full City Council.
(2) In the case of a conditional use permit, the Council may impose any condition it considers necessary to protect the public health, safety and welfare.
(3) In the case of an amendment, the amendment shall not become effective until the time as the City Council approves an ordinance reflecting the amendment and after the ordinance is published in the official newspaper.
(4) Whenever an application for an amendment or conditional use permit has been considered and denied by the City Council, a similar application for the amendment or conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial, unless a decision to reconsider the matter is made a simple majority of the full City Council.
Subd. 2. Amendments - initiation. The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this chapter. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this chapter so as to affect his or her own real estate.
Subd. 3. Conditional use permit.
a. Purpose. The purpose of a conditional use permit is to provide the City of Shorewood with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by, the effect upon traffic into and from the premises or on any adjoining roads and all other or future factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.
b. Informational requirement. The information required for all conditional use permit applications generally consists of the following items and shall be submitted with the application.
(1) Certified survey prepared by a registered licensed surveyor, at a scale of one inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet, which shall include, but not be limited to:
(a) The location and dimensions of boundary lines, buildings, structures, topography, wetlands, and similar features, and the like;
(b) The distance between boundary lines and buildings, structures and other improvements;
(c) The location of adjacent buildings located within 20 feet of the exterior boundaries of the property in question;
(d) The area of the lot and a detailed description of the existing and proposed impervious surface coverage;
(e) The legal description of the property;
(f) Any public or private easements;
(g) Any municipal utilities, private wells or private on-site wastewater treatment systems, and other utilities.
(2) Site development plans at a scale of one inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet (unless indicated otherwise), which shall include:
(a) Location and dimensions of all proposed buildings on lots and the distance between proposed buildings and structures to property lines;
(b) Location and number of existing and proposed parking spaces;
(c) Vehicular circulation and dimensions;
(d) Architectural elevations (type and materials used in all external surfaces) and concept floor or room plans at a scale of one inch to four feet, eight feet, 16 feet or as may be appropriate as determined by the Zoning Administrator;
(e) Lighting plan consistent with § 1201.03 Subd. 2.v. of this chapter;
(f) Curb cuts, driveways, number of parking spaces.
(3) Grading plan, which shall include:
(a) Existing contour;
(b) Proposed grading elevations;
(c) Drainage configuration;
(d) Storm sewer catch basins and invert elevations;
(e) Spot elevations;
(f) Proposed road profile;
(g) Graphic scale: all plans shall be expressed as one inch to ten feet, 20 feet, 30 feet, 40 feet, 50 feet or 60 feet.
(4) Landscape plan, which shall include:
(a) Location of all existing trees, type, diameter and which trees will be removed;
(b) Location, type and diameter of all proposed plantings;
(c) Location of and material used for all screening devices;
(5) Proof of ownership of the land for which a conditional use permit is requested;
(6) A narrative indicating the proposed use, operational features of the use including, but not limited to, hours of operation, number of employees, and the like, and compliance with § 1201.04 Subd. 1.d. of this chapter;
(7) Any information required by the applicable zoning district;
(8) Other information as determined by the Zoning Administrator or City Council.
c. Lapse of conditional use permit by non-use. Whenever, within one year after granting a conditional use permit, the use as permitted by the permit shall not have been completed or utilized, then the permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing all efforts to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
d. Performance agreement and guarantee.
(1) Except in the case of non-income producing residential property, upon approval of a conditional use permit, the developer shall execute a performance agreement in the form drafted by the Zoning Administrator and approved by the City Council and provide a letter of credit, or cash deposit prior to the issuance of building permits or beginning the proposed improvements or development and shall remain in place until the project is completed. The letter of credit shall automatically renew until all approved improvements have been completed as determined by the Zoning Administrator/City Engineer and shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the city. The Zoning Administrator may periodically reduce the financial guarantee based on the completion of improvements, as outlined in the agreement.
(2) The security shall be in the amount of one and one-half times the City Engineer’s or City Building Official’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the City Engineer and Building Official.
(3) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the City Building Official.
(4) Failure to comply with the conditions of the conditional use permit or the ordinances of the city shall result in forfeiture of the security.
Subd. 4. Interim conditional use permit.
a. Purpose. The purpose and intent of an interim conditional use permit is:
(1) To allow a use for a brief period of time while permanent location is obtained or constructed; or
(2) 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
(3) To allow a use that is reflective of anticipated long range change to an area and that is in compliance with the Comprehensive Plan, provided that the use maintains harmony and compatibility with surrounding uses and is in keeping with the performance standards of this code; or
(4) To provide a mechanism for allowing changes to a nonconforming use of property contingent upon a plan for cessation of the nonconforming use within a specified period of time.
b. Informational requirement and procedure. The information required and the procedure to be followed for all interim conditional use permit applications shall be the same as that required for a conditional use permit as provided for in this section.
c. Termination. An interim conditional use shall terminate on the happening of any of the following events, whichever occurs first:
(1) The date stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city’s zoning regulations that renders the use nonconforming;
(4) 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.
d. General standards. An interim conditional use permit shall comply with the following:
(1) Conform to the applicable general building and performance requirements of § 1201.03, Subd. 2 of this code;
(2) The use is allowed as an interim use in the respective zoning district;
(3) The date or event that will terminate the use can be identified with certainty;
(4) The use will not impose additional unreasonable costs on the public;
(5) The user agrees to any conditions that the City Council deems appropriate for permission of the use. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds.
e. Conditions of approval. In permitting a new interim conditional use permit or amending an existing interim conditional use permit, the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this code, additional conditions that the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not limited to the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicular access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location and lighting of signs;
(7) Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
f. Violations. After two nuisance or code violation complaints have been made and verified with written notice to the holder of the interim conditional use permit, a public hearing may be called within 60 days of the last complaint to reconsider the interim conditional use permit.
g. Revocation. An interim use permit may be revoked if:
(1) The property is found to be in violation of the conditions listed in the interim conditional use permit; or
(2) If access to the property for purpose of making and inspection is refused to the Zoning Administrator or its designee. The same process established for granting the interim conditional use permit shall be followed when considering revocation of an interim conditional use permit.
(1987 Code, § 1201.04) (Am. Ord. 383, passed 3-25-2002; Am. Ord. 389, passed 8-12-2002; Am. Ord. 550, passed - -2018; Am. Ord. 569, passed 8-26-2019; Am. Ord. 575, passed 12-14-2020)