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(A) Engage in land use planning activities;
(B) Prepare a zoning ordinance. A Planning and Zoning Commission can not adopt an ordinance. It can recommend an ordinance or amendments to an ordinance to the City Council. Only a City Council can adopt an ordinance. The Planning and Zoning Commission is the appropriate body to hold all hearings on a zoning ordinance and its amendments;
(C) Review and recommend to the City Council the appropriate action to take on all requests for amendments to the zoning code, variances and conditional use permits;
(D) Hold public hearings on the above; and
(E) Other matters as delegated by the City Council.
(Ord. 239, § 1106, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) A conditional use listed in this chapter may be permitted, enlarged, or altered in accordance with the standards and conditions of this chapter. In addition to those standards and requirements expressly specified by this chapter, additional conditions considered necessary to protect the best interests of the surrounding area, or the city as a whole, may be imposed.
(B) These conditions may include but are not limited to the following:
(1) Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
(2) Off-street parking and loading areas where required with particular attention to the items in division (B)(1) above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the area;
(3) Refuse and service areas, with particular reference to the items in divisions (B)(1) and (B)(2) above;
(4) Utilities, with reference to locations, availability, and compatibility;
(5) Screening and buffering with reference to type, dimensions, and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(7) Required yards and other open space; and/or
(8) General compatibility with adjacent properties and other property in the area in regard to lot size, dimensions, and setbacks.
(Ord. 239, § 1107, passed 1-22-2000)
(A) The procedure for taking action on a conditional use application shall be as follows.
(B) (1) An application for a conditional use permit shall be filed with the Zoning Administrator.
(2) The application shall be accompanied by a site plan of the proposed use showing the information as may be deemed necessary by the Zoning Administrator which may include, but is not limited to the following:
(a) Scale drawing of the parcel showing dimensions;
(b) Location of all existing and proposed buildings and their square footages;
(c) Curb cuts, driveways, access roads, parking spaces, and off-street loading areas;
(d) Existing topography;
(e) Finished grading and drainage plan;
(f) Sanitary sewer and water plan with estimated use per day;
(g) Soil limitations for the intended use; and
(h) A map showing all principal land use within 350 feet of the parcel for which application is being made.
(3) The application and related file shall be referred to the Planning and Zoning Commission for a study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood.
(4) The Zoning Administrator shall cause to be published a notice of public hearing, in the official newspaper, at least 10 days prior to the date of hearing. The hearing shall be held within 30 days of filing.
(5) The City Council shall, within 60 days after a complete application is accepted for filing by the Zoning Administrator, consider the advice and recommendation of the Planning and Zoning Commission and either approve or deny the application for the conditional use permit. The time within which the Council must make a decision may be extended for an additional 60 days by the Council by giving written notice to the applicant of the extension, within the 60-day period, in which case the Council shall have 120 days to either approve or deny the issuance of the conditional use permit.
(6) No conditional use shall be recommended by the Planning and Zoning Commission unless the Commission makes a positive finding on each of the following.
(a) The use must be compatible with the uses in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.
(b) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(c) That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
(d) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
(e) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in a manner that no disturbance to neighboring property will result.
(7) Within 60 days of filing, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and shall make a determination on the conditional use permit. Should the Council find that the proposed use when conducted under the specified conditions will not be detrimental to the health, safety, and general welfare, they may grant a conditional use permit specifying the conditions for location and use requested.
(8) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.
(9) A use permitted by a conditional use permit shall be established within 1 year of the permit issuance. If the use is not established within a year, the conditional use permit shall be void.
(10) Once the use is established, a conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing shall prevent the city from enacting or amending this chapter to change the status of conditional uses.
(11) A certified copy of any conditional use permit shall be filed with the Faribault County Recorder. The conditional use permit shall include the legal description of the property included.
(Ord. 239, § 1108, passed 1-22-2000)
(A) The procedure for taking action on an amendment to the zoning code shall be as follows.
(B) (1) An amendment to this chapter may be initiated by the City Council, Planning and Zoning Commission, property owner, or citizen. An amendment may be for a change of property from 1 district to another, a change in district regulations, or a change to other portions of this chapter. All requests for amendment to this chapter text or map shall follow the procedure outlined below.
(2) The Planning and Zoning Commission shall cause to be published a notice of public hearing in the official newspaper at least 10 days prior to the date of the hearing. When the petition involves changes in zone boundaries affecting an area of 5 acres or less, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates.
(3) For the purpose of giving mailed notice, the Zoning Administrator shall use the records of the city public utilities and the County Recorder to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt was made to comply.
(4) The Planning and Zoning Commission shall hold a public hearing on the amendment within 30 days of its filing. The Planning and Zoning Commission shall consider the effect of the amendment on the comprehensive plan and on existing and planned land uses in the neighborhood of the amendment and throughout the city. Within 10 days of the public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council.
(5) The City Council shall either approve or deny the application by a 2/3 vote of the members of the Council within 60 after the filing of a complete application for an amendment to the zoning code, or within 120 days if the Council has extended the time period by giving written notice of the additional 60 day extension and the reason for it to applicant within the first 60-day period.
(6) No petition of a property owner for an amendment to this chapter shall be considered by the city within the 1-year period immediately following a previous denial of the request, except the city may consider a new petition if, in the opinion of the Planning and Zoning Commission, new evidence or a change of circumstances warrant it.
(Ord. 239, § 1109, passed 1-22-2000)
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid.
(Ord. 239, § 1111, passed 1-22-2000)
(A) Purpose and intent. The purpose and intent of allowing interim use permits is:
(1) To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction;
(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 will be replaced in the future by a permitted or conditional use allowed within the respective district; and
(3) 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 the use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
(B) Application and procedure. Uses defined as INTERIM USES shall be processed according to the standards and procedures for a conditional use permit as established by § 152.163 of the Wells City Code.
(C) Information requirement. The information required for all interim use permit applications shall be as specified in § 152.163 of the Wells City Code.
(D) General standards. An interim use shall comply with the following:
(1) Conform to the applicable general performance standards of § 152.163 of the Wells City 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; and
(5) The user agrees to any conditions that the City Council deems appropriate for permission of the use.
(E) Enforcement. Enforcement of the provisions of this section shall be in accordance with § 152.999 of the Wells City Code. The city reserves the right upon issuing any interim use permits to inspect the premises to ensure compliance with the provisions of this section or any conditions additionally imposed. Violation of an issued permit or of the provisions of this section shall be grounds for termination of the interim use permit.
(F) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
(1) The date or event stated in the permit;
(2) Upon violation of conditions under which the permit was issued; or
(3) Upon change in the city’s zoning regulations rendering the use nonconforming.
(G) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, interim use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council within 1 year of the date of approval unless the applicant has substantially commenced the authorized use or improvement, or unless within 30 days prior to the expiration of the interim use permit the applicant has petitioned for a time extension by completing and submitting a request for an extension, including the renewal fee as established by City Council resolution. Such extension request shall be submitted in writing and shall state facts showing a good faith attempt to complete or utilize the approval permitted in the interim use permit. A request for an extension not exceeding 1 year shall be subject to the review and approval of the City Council. Should a second extension of time or any extension of time longer than 1 year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(H) Site improvement performance agreement and financial guarantee. Following the approval of an interim use permit as required by this section and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the interim use permit approval.
(I) Certification of taxes paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest or city utility fees due upon the parcel of land to which the interim use permit application relates.
(Ord. 152, passed 8-8-2011)
MANUFACTURED HOME PARKS
(A) Required. It is unlawful for any person to construct, alter, or extend any mobile home park or structures within the park that are permanent in nature within the limits of the city unless he or she holds a valid permit issued by the Building Inspector in the name of such person for the specific construction, alteration of extension proposed, where permanent means that are not on wheels or mobile.
(B) Application. All applications for permits shall contain the following:
(1) Name and address of applicant.
(2) Location and legal description of the mobile home park.
(3) Complete engineering plans and specifications of the proposed park showing but not limited to the following:
(a) The area and dimensions of the tract of land; topography sketch of land;
(b) The number, location and size of all mobile home lots;
(c) The location and width of roadways and walkways;
(d) The location of water and sewer lines and riser pipes;
(e) Plans and specification of the water supply and refuse and sewage disposal facilities;
(f) Plans and specifications of all buildings constructed or to be constructed within the mobile home park;
(g) The location and details of lighting and electrical systems.
(4) All applications for a permit shall be accompanied by a fee which shall be based on total valuation of the work to be done. Such fees shall be in accordance with established building permit fees required in the city.
(5) The Planning Commission may, at the request of the Building Inspector, review all applications for permits, which have been forwarded to them by the Building Inspector under the provisions of this section, and shall be granted a hearing before the Planning Commission. The results of the Planning Commission findings shall be forwarded to the City Council for their review and action.
(6) Any person whose application for permit under this section has been denied may request and shall be granted a hearing on this matter before the Planning Commission.
(Ord. 239, § 1201, Am. #4, passed - -2004)
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