Grant Ordinance 1997-77

CITY OF GRANT

WASHINGTON COUNTY, MINNESOTA

ORDINANCE 1997- 77

AN ORDINANCE AMENDING CHAPTER 50 OF THE GRANT CITY CODE

BY AMENDING REGULATIONS GOVERNING CONDITIONAL USE PERMITS

The City Council of the City of Grant does hereby ordain as follows:

1. City Code "Zoning Ordinance'' No. 50, Section 505, "Conditional Use Permits" is hereby repealed in its entirety, and replaced with the following:

505. Conditional Use Permits

505.01 Purpose. The City of Grant is a unique community of mostly agricultural and low density residential uses and zones. The citizens of Grant strongly desire to preserve and protect the rural character (as defined in the Comprehensive Plan) of their City.

The purpose of the conditional use permit is to provide the City with the discretion and flexibility to achieve the goals and objectives of the Comprehensive Plan and to determine what, if any, uses other than those specifically permitted in this code may be suitable within the City zoning districts.

Conditional uses as listed in Section 604 shall be considered only if they support the goals and objectives of the Comprehensive Plan; protect and enhance Grant's rural character; serve, in a general way, the needs of the citizens of Grant; and do not negatively affect the general welfare, public health and safety.

In determining whether or not a conditional use may be allowed, the City will consider the nature of the nearby lands or buildings, the effect upon traffic into and from the premises and on adjoining roads, and all other relevant factors as the City shall deem a reasonable prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

If a use is deemed suitable, reasonable conditions may be applied to issuance of a conditional use permit and a periodic review of said permit may be required.

505.02 Burden of Proof. The applicant shall have the burden of proving that the proposed use is suitable and that all of the standards set forth have been met.

505.03 Standards. When certain circumstances exist, the City Council may grant a conditional use permit in any zoning district if the applicant has proven to a reasonable degree of certainty that:

(1) The proposed use is designated in Section 604 of this Ordinance as a conditional use for the appropriate zoning district.

(2) The proposed use conforms to the Grant Comprehensive Plan.

(3) The proposed use will not be detrimental to or endanger the public health, safety or general welfare of the City of Grant, its residents, or the existing neighborhood.

(4) The proposed use is compatible with the existing neighborhood.

(5) The proposed use meets conditions or standards adopted by the community (through resolutions or other ordinances) .

(6) The proposed use will not create additional requirements for facilities and services at public cost beyond Grant's normal low density residential and agricultural uses.

(7) The proposed use will not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to people, property, or the general welfare because of production of traffic, noise, smoke, fumes, glare, odors or any other nuisances.

(8) The proposed use will not result in the destruction, loss or damage of natural, scenic or historic features of importance.

(9) The proposed use will not increase flood potential or create additional water runoff onto surrounding properties.

These standards apply in addition to specific conditions as may be specified through Grant's Ordinances.

505.04 Conditions. In reviewing applications for conditional use permits, the City may attach whatever reasonable conditions are deemed necessary to mitigate anticipated adverse impacts associated with the proposed uses, to protect the value of property within the district, and to achieve the goals of the Grant Comprehensive Plan. In determining such conditions, special consideration shall be given to protecting nearby properties from objectionable views, noise, traffic, and other characteristics associated with such

uses. Such conditions may include, but are not limited to, the following:

(1) Controlling the number, area, bulk, height, and locations of proposed uses.

(2) Regulating ingress and egress to the property and the proposed structures thereon with particular references to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

(3) Regulating off -street parking and loading areas that may be required.

(4) Requiring berming, fencing, screening, landscaping or other means to protect nearby property.

(5) Regulating the appearance of all facilities so that they will be harmonious with the neighborhood and community.

(6) In all cases in which conditional use permits are granted, the City shall include in the conditional use permit all drawings, representations, or plans presented by the applicant.

(7) In all cases in which conditional use permits are granted, the City shall require such evidence and guarantees that are deemed necessary as proof that the standards and conditions stipulated are being and will be met.

(8) Periodic reviews, inspections or reporting may be required by the City.

(9) Applicants shall be required to comply with all conditions of approval at their own expense and in accordance with City specifications. Applicants shall also provide a financial guaranty to the City, in the form of a cash escrow or letter of credit, in an amount equal to 125 percent of the estimated cost of complying with the conditions. The City shall have the right to retain the financial guaranty until the conditions have been complied with to the reasonable satisfaction of the City. In case any conditions are reasonably deemed by the City not to have been complied with, the Applicant shall recomplete those items or conditions to the reasonable satisfaction or approval of the City at the Applicant's sole cost and expense.

505.05 Denial. If the City denies a conditional use permit, it shall include in its findings the ways in which the proposed use does not comply with the standards required by this ordinance or other applicable regulations.

505.06 Application. Application for a conditional use permit shall be filed with the City. In addition to required fees, the application shall be accompanied by development plans for the proposed use showing such information as may be reasonably required by the City, including but not limited to those items listed below. Such plans shall contain sufficient information for the community to determine whether the proposed development will meet all applicable development standards.

(1) Site plan drawn to scale showing parcel and building dimensions.

(2) Location of all buildings and their size, including square footage.

(3) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.

(4) Landscaping and screening plans including species and size of trees and shrubs proposed.

(5) Approved grading and drainage plan from all applicable and appropriate regulatory agencies, such as, but not limited to, the appropriate watershed organization or district, the Department of Natural Resources, and the Army Corp of Engineers.

(6) Type of business activity and proposed number of employees and patrons.

(7) Proposed floor plan and elevations of any building with use indicated.

(8) Sanitary sewer (or septic) and water (or well) plan with estimated flow rates.

(9) Soil type and soil limitations for the intended use. If soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitation shall be made a part of the application.

(10) A location map showing the general location of the proposed use within the community.

(11) A map showing all principal and land uses within twelve hundred fifty (1,250) feet of the parcel for which the application is being made.

(12) Proof of ownership of the property for which the conditional use permit is requested, consisting of the Deed or Contract for Deed showing the current owner, together with any unrecorded documents whereby the Applicant acquired legal or equitable ownership of the property.

(13) Proof that all property taxes have been paid and no liens or attachments are unsatisfied.

An incomplete application is not a valid application and can be rejected by the City or denied on the basis of being incomplete.

505.07 Hearing. The City shall refer the application to the Planning Commission for consideration and public hearing at its next regular meeting. The public hearing shall be no more than forty (40) days after the date of filing of the valid application. Notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the community and presented to each of the owners of all property located within a minimum of one-quarter (1/4) mile of the property described in the application and such other persons as the Planning Commission may direct, at least ten (10) days prior to the date of the hearing. A copy of the notice and a list of the owners and addresses to which the notice was presented shall be attested to by the responsible person and shall be made a part of the records of the proceedings. Failure to give notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the provisions of this section has been made.

The application or his representative shall appear at the public hearing in order to answer questions concerning the proposed use.

505.08 Planning Commission Report. The Planning Commission shall make its report on the application to the City Council, in writing, within forty (40) days after completing the public hearing, unless the applicant consents to extended consideration by the Planning Commission. The report shall recommend that the conditional use permit be granted or denied and shall include the Planning Commission's recommendation as to any conditions to be imposed if the conditional use permit is granted, including time limits or provisions for periodic review and shall state the reasons therefore.

If the Planning Commission fails to file a report with the City Council within the time provided by this section, the

application shall be referred to the City Council as herein provided, without report, after the time for filing the report has expired.

505.09 Governing Body Action on Application. The Governing Body shall make its decision on the application within sixty (60) days of the filing of the Planning Commission's report with the City Council or after the last day for filing the same if no report is filed. The Governing Body shall make written findings and shall state therein the reasons for its decision.

The Governing Body may impose such conditions and restrictions, including time limits on the conditional use or periodic review as appears to be necessary and proper to protect adjacent property and comply with the intent and purposes of this Ordinance and the Comprehensive Plan.

505.10 Re-Application. No application for a conditional use permit shall be re-submitted for a period of six (6) months from the date of the denial of a previous application.

505.11 Periodic Review. If a periodic review is imposed as a condition of the granting of a conditional use permit, the conditional use permit shall be reviewed by the Planning Commission at a public hearing at least thirty (30) days prior to the expiration of the permit, with notice of said hearing published in the official newspaper at least ten (10) days prior to the review. It shall be the responsibility of the City to schedule such public hearing and notify the permit holder at least ten (10) days prior to the hearing.

505.12 Compliance With Permit; Violation of Conditions.

(1) Any use permitted under the terms of a conditional use permit shall be established and conducted in accordance with all of the terms, conditions and restrictions of such permit. The violation of any term, condition or restriction of a conditional use permit shall be a violation of this Ordinance.

(2) In the event of the violation of any term, condition or restriction of a conditional use permit, the City may institute an appropriate action or proceeding in District Court for such equitable relief as may be appropriate. Additionally, permits issued pursuant to this Ordinance are subject to the provisions of City Ordinance No. 70 (the Civil Penalty Ordinance).

503.13 Expiration and Suspension of Conditional Use Permit. A conditional use permit shall expire one (1) year after it has been issued unless the City Council has set some other time limitation or unless the use for which the permit has been granted has commenced within such year, except that upon written application of the owner of the affected land for which the

conditional use permit was granted prior to the end of such year, the City Council may extend the expiration date of such permit for an additional period, not to exceed one (1) year. If, under such conditional use permit, building is commenced and subsequently determined by the City Council to be abandoned for a period of one hundred twenty (120) days, the conditional use permit shall be suspended at the end of said one hundred twenty (120) days. Before said construction may be recommenced, a conditional use permit can be reinstated by the City Council, provided that no changes or alterations in the original plan have been made. If the Building Permit for the construction that was determined to be abandoned became invalid prior to the recommencement of such construction, the suspended conditional use permit shall expire at the time said building permit became invalid.

505.14 An amended conditional use permit application may be administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include re-applications for permits that have been denied or permits that have expired, requests for changes in conditions, and as otherwise described in this Ordinance.

505.15 Inclusion. All uses permitted by this Ordinance by conditional use permit in existence prior to the adoption date of this Ordinance shall be automatically issued a conditional use permit by the City. Any changes in the existing use after the adoption date of this Ordinance shall require an amended conditional use permit.

505.16 A true and correct copy of approved Conditional Use Permits shall be recorded, at the Applicant's expense, in the office of the County Recorder or Registrar of Titles.

This Ordinance shall be effective immediately upon is passage and publication according to law.

Adopted by the City Council of the City of Grant this 5^th day of August, 1997.

Gary Erichson, Mayor

Attest:

Stephanie Marty, City Clerk