HomeMy WebLinkAboutCity Council Ordinance 1982-08CITY OF PLYMOUTH
ORDINANCE NO. 82-08 I
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AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE NUMBER 80-9, ADOPTED JUNE 16,
1980 AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE
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THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. SECTION 4, Subdivision B is hereby amended by the addition
of the following:
Amusement Center - A business at one location which (a) is primarily
devoted to the operation of amusement machines as defined in Section
1103 of the City Code and open for public use and participation; or,
(b) has seven or more amusement machines as defined in Section 1103
of the City Code and is open for public use and participation.
Amusement Centers shall be subject to the licensing requirements set
forth in the City Code.
Section 2. SECTION 8, Subdivision B if hereby amended by the addition
of the following:
DISTRICTS
B-1 B-2 B-3 USES
Office Limited
Business Retail Service
1. C C C - Amusement Centers
Section 3. SECTION 5, Subdivision B, second and third paragraphs, is
hereby amended to read as follows:
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Reference in this Ordinance to-6FP-""3--- -"R-3�----8-;-"-and--"";E-
Special Protection Residence, and non -Residence Districts shall
refer to the Use District Groups as above set forth, and reference
to specific Use Districts shall be by reference to the individual
districts listed above as "R -IV, "B-1", and so forth.
The Flood Plain Overlay District including the "Floodway Overlay
District", "'Flood Fringe Overlay District" an "General Flood Plain
Overlay District" created hereby contains speci i� c zoo ng regulations
superimposed upon the other zoning districts and supersede the under-
lying zoning district regulations only to the extent expressed in the
provisions of the Overlay Zoning District regulations. In all other
respects, the regulations in the underlying zoning use districts are
applicable.
Section 4. SECTION 6, Subdivision B is hereby amended to read as
follows:
The regulations contained in this District are intended to guide
developments in flood plain areas consistent with potential flood
threats and City land needs. Unwise use of flood plain lands causes
loss of life and property, disruption of commerce and governmental
ii services, unsanitary conditions, and interruption of transportation
and communication. Sound land use development can reduce dawages,
expenses, and inconveniences and assure that City lands are put to
their most appropriate use. This District is based upon Flood
Insurance Study, City of Plymouth, Minnesota, (dated November, 1977),
and all Flood Insurance Rate Maps dated Februar 19, 98 , Flood
Boundary and Floodway Maps dated May 15, 1978), and flood prof -les
attaehed-theret@T-dated-Nevem er- 9i�l-and published by the United
j States Department of Housing and Urban Development. This Study
! contains data consistent with standards established by the Minnesota
Department of Natural Resources. (The Bassett's Creek Watershed
Management Plan dated February 1972, which contains data consistent
with standards established by the Minnesota Department of Natural
Resources for delineation of the General Flood Plan District). The
j�
Regulations contained within this Overlay District are intended to
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Ordinance No. 82- 08
manage areas suitable for development of varying types as permitted
in the Unuerlying Zoning District.
Section 5. SECTION 7, Subdivision F (3-b) is hereby deleted in its
entirety, and substituted with the following:
b. Plans for new developments requiring site plan approval shall
specify the design and location of facilities for the storage
and disposal of waste as set forth in this Code. Plans for
such facilities at existing developments shall be approved by
the City prior to construction.
c. The storage and facilities for the disposal of trash, garbage,
refuse, rubbish, and the like, shall be located either in
approved areas inside the principal building, or otherwise
shall be located in an approved accessory building or enclosure
outside the principal building.
d. Containers are required for such storage, and for the purposes
of this Section, shall include, cans, barrels, compactors,
dumpsters, boxes, and bins, which comply with the requirements
of the City Public Health Code as to construction and sanitation
e. All trash disposal facilities outside the approved principal
building or approved accessory building shall comply with
the following:
(1) All outside accessory enclosures shall screen the
containers from public view.
(2) The enclosure area shall include adequate buffering
to minimize visual and audible impact upon any
adjacent residential uses.
(3) Screen enclosures may be attached to, or detached
from the principal building.
(4) Enclosures shall provide convenient access by the
user and the contracted hauler.
(5) Enclosures, shall not obstruct approved driveways,
aisles, parking spaces, fire lanes, or building
ingress and egress.
(6) Enclosures shall be constructed of wood and/or
masonry materials which are aesthetically compatible
with the primary structure and the site.
(7) Where fencing is used, the design shall be vertical
board, with treated minimum 2 inches thick lumber,
and with minimum 6 inches x 6 inches support posts.
(8) When gates and doors are used, they shall be equipped
with heavy-duty hardware and shall be kept closed at
all times other than during loading and unloading.
Section 6. SECTION 7, Subdivision C, Number 23 is hereby amended to
read as follows:
- Temporary real estate office
(until development is
completed).
See Subdivision F.
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Ordinance No. 82-08
23. -- P P P P P
Section 7. SECTION 7, Subdivision F (Number 7) is hereby deleted
in its entirety, and substituted with the following:
7. Temporary Real Estate Sales Offices
The purpose of this section is to provide for temporary real
estate offices serving a specific development and not general
real estate offices serving any development off the site.
A temporary real estate display and sales office in an approved
model home or other approved temporary structure may be
approved by t:,e Zoning Administrator, for sales in an
approved development until three years from the issuance of
the permit for the model home/sales office, or until 85% of
the development is completed, which ever occurs first. A
site plan shall be submitted identifying signage and off-
street parking facilities. Parking and access shall be from
an approved internal street, parking areas shall be provided
with a paved surface or as an alternative, a dust -free, all-
weather surface as approved by the City Engineer. Public
improvements serving the use shall be provided from within
the approved development and shall not involve improvements
only accessible outside the development; signs shall be in
compliance with the on-site temporary real estate sign
s-andards of this Ordinance; such signs shall be setback
no less than 20 feet from the property line; no residential
occupancy shall be certified until the structure has been
fully converted to a residence. The restoration of all
temporary parking areas with appropriate landscaping shall
be completed by the end of the next growing season.
Section 8. SECTION 8, Subdivision D (2-b) (2-c) is hereby amended
to read as follows:
b. Retail and service establishments essential to the operation
of this district and providing goods and services which are
primarily for the use of persons employed in the district;
any such commercial use allowed under this Section shall be
subject to all reouirements of this Ordinance and the City
c. Offices for administrative, executive, professional, research,
sales representatives, or similar organization, and generally
compatible with the industrial district; any such commercial
use allowed under this Section shall be subject to al re
ments of this Ordinance and the Cit Cade a icable to such
commercial use.
Section 9. SECTION 8, Subdivisionn G. (2-e, 2) is hereby deleted
in its entirety, and substituted with the following:
(2) Plans for new developments requiring site plan approval
shall specify the design and location of facilities for
the storage and disposal of waste as set forth in this
Code. Plans for such facilities at existing developments
shall be approved by the City prior to construction.
(3) The storage and facilities for the disposal of trash, garbage,
refuse, rubbish, and the like shall be located either in
approved areas inside the principal building, or otherwise
shall be located in an approved accessory building or
enclosure outside the principal building.
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Ordinance No. 82-08
(4) Containers are required for such storage, and for the
purposes of this Section, shall include, cans, barrels,
compactors, dumpsters, boxes, bins, which comply with
the requirements of the City Public Health Code as to
construction and sanitation.
(5) All trash disposal facilities outside the approved principal
building or approved accessory building shall comply with
the following:
(a) All outside accessory enclosures s;1all screen the
containers from the public view.
(b) The enclosure area shall include adequate buffering
to minimize visual and audible impact upon any adja-
cent residential uses.
(c) Screen enclosures may be attached to, or detached
from the principal building.
(d) Enclosures shall provide convenient access by the
user and the contracted hauler.
(e) Enclosures shall not obstruct approved driveways,
aisles, parking spaces, fire lanes, or building
ingress and egress.
(f) Enclosures shall be constructed of wood and/or masonry
materials which are aesthetically compatible with the
primary structure and the site.
(g) Where fencing is used, the design shall be vertical
board, with treated minimum 2 inches thick lumber
and with minimum 6 inches x 6 inches support posts.
(h) When gates and doors are used, they shall be equipped
with heavy-duty hardware and shall be kept closed at
all times other than during loading and unloading.
Section 10. SECTION 9, Subdivision A (1-a) and (1-b) is hereby amended
to read as follows:
a. A description of the proposed use, and of its conformance with
the standards set forth in this Section.
b. A legal description of the property. }Relwd4Rq-plat-amd-pareet
Rambew-
Section 11. SECTION 9, Subdivision A (2 and 3) are hereby deleted in
in their entirety and substituted with the following:
Procedure. Before any Conditional Use Permit may be granted,
the application therefore, shall be referred to the Planning
Commission for purposes of evaluation against the standards
of this section, Public Hearing, and development of a recommen-
dation to the City Council which shall make the final determin-
ation as to approval or denial.
a. The Planning Commission shall review the application and
consider its conformance with the following standards:
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Ordinance
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No. 82- 08
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(1) Compliance with and effect upon the Comprehensive
Plan.
(2) The establishment, maintenance or operation of the
conditional use will promote and enhance the gener-
al public welfare and will not be detrimental to or
endanger the public health, safety, morals, or
comfort.
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(3) The conditional use will riot be injurious to the
use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor I
substantially diminish and impair property values j
within the neighborhood.
(4) The establishment of the conditional use will not
impede the normal and orderly development and
improvement of surrounding property for uses
permitted in the district.
(5) Adequate measures have been or will be taken to
provide ingress, egress and parking so designed
as to minimize traffic congestion in the public
streets.
(6) The conditional use shall, in all other respects,
conform to the applicable regulations of the
district in which it is located. i
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b. The Planning Commission shall hold a Public Hearing on
the proposal to issue a Conditional Use Permit in the 1
manner provided in Section 11, Subdivision A.
c. The Planning Commission shall develop a report of their
findings and shall develop a recommendation to the City
Council for either the granting of the proposed
Conditional Use Permit, including conditions thereof,
or for the denial of the proposed Conditional Use Permit i
including specific reasons therefore.
d. The City Council shall receive and consider the report
of the Planning Commission, and may hold whatever Public
Hearings it deems advisable in the manner provided in
Section 11, Subdivision A. The City Council shall +
consider whether the proposal conforms and is likely to
comply in the future with the above standards and any
additional standards pertinent to the proposed use as
set up in this and other sections of this Ordinance and
Citv Codes.
The City Council may by Resolution determine that the i
proposed use will not be detrimental to the health,
safety, or general welfare of the community, and that
the same is in harmony with the general purposes and
intent of this Ordinance and of the Comprehensive Plan;
the City Council may therefore grant such Conditional I
Use Permit and nay impose conditions and safeguards therein.
The City Council may by Resolution deny the proposed
Conditional Use Permit and include the findings and
reasons for denial in the Resolution.
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(Page six
;Ordinance No. 82-08
3. The Zoning Administrator shall issue a written permit to the
applicant when the City Council has authorized issuance by
Resolution and when any applicable conditions to be satisfied
prior to issuance have been met. The written permit shall be
retained by the applicant on the premises for the duration of
the Conditional Use.
i
4. Enforcement. The Zoning Administrator shall be responsible
for assuring that all Conditional Uses authorized by the City
Council are in compliance with conditions assigned by the permit,
this Ordinance and City Codes, and other applicable regulations.
(a) The Zoning Administrator shah have the power to enter at
reasonable times, upon any pr vate or public property
for the purpose of inspecting and investigating the premises
of any authorized Conditional Use for purposes of determining
compliance with the permit and with applicable Ordinances,
Codes, and regulations.
(b) The Zoning Administrator shall notify the person to whom
the Conditional Use Permit is issued in writing of the
violations of this Ordinance, City Codes, and other regu-
lations and/or non-compliance with the terms of the
Conditional Use Permit. The Notice shall provide for
compliance and/or correction of the violation within a
reasonable time as determined by the Zoning Administrator.
(c) The Zoning Administrator shall submit a report to the
Planning Commission and City Council of those Conditional
Uses which are found to be in non-compliance with the
conditions of the permit or in violation of this Ordinance,
City Codes, and other regulations; the report may recommend
corrective action including revocation of the Conditional
Use Permit as set forth in this Section.
Notwithstanding the above, the Zoning Administrator may
initiate the appropriate legal action to remedy the
violations as set forth in Section 11 of this Ordinance.
5. Review and Renewal. All Conditional Uses for which permits have
been authorized by the City Council are subject to periodic
review by the Zoning Administrator. Certain Conditional Uses
May be subject to specified periods of review and renewal as a
condition of the permit. Renewal of Conditional Use Permits
shall be as follows:
(a) The Zoning Administrator shall notify the responsible
person of the renewal requirement at least forty-five
days prior to the specified expiration.
i
(b) The person to whom the Conditional Use Permit was issued
shall submit an application for renewal including the
appropriate fee as set forth in the City Code and a
written statement as to whether the circumstances under
which the permit was originally issued are the same, or
whether the circumstances have changed or are anticipated
to change.
(c) The Zoning Administrator upon receipt of the application
shall consider the statement of circumstances, City records
as to any complaints and/or cited violations related to the
Conditional Use, and the results of any inspection of the
use and the premises upon which it is located.
Page seven
Ordinance No. 82-08
(d) The Zoning Administrator shall then issue a renewed
Conditional Use Permit subject to the original
conditions, upon determination that the application
for renewal is in order and consistent with the intent C
of the Ordinance and original approval. The Zoning
Administrator may extend the renewal period to an
annual basis for those conditional uses which were
subject to an initial review and renewal period of
less than one year.
(e) The Zoning Administrator shall refer the renewal
application to the Planning Commission for consider-
ation and hear'ng as set forth in this Section upon
determination that the circumstances have charged or
are anticipated to change, and/or that there have been
substantiated complaints and cited violations involving
the Conditional Use.
6. Revocation. The Planning Commission may recommend, and the City
Council may direct the revocation of any Conditional Use Permit
for cause upon determination that the authorized conditional
use is not in conformance with the conditions of the permit or
is in continued violation of this Ordinance, City Codes, and
other applicable regulations. The Planning Commission shall
schedule a Public Hearing in the manner set forth in this
Section 11, Subdivision A and shall notify the responsible
person to whom the permit was issued, that it is an opportunity
for that person to show cause why the permit should not be
revoked. The Planning Commission shall make a report to the
City Council following the hearing including a recommendation
and the reasons therefore. The City Council shall consider the
report from the Planning Commission and shall, by Resolution,
declare its findings as to whether the Conditional Use Permit
shall be revoked, including the reasons therefore. The Zoning
Administrator shall provide the responsible person to whom the
permit was issued a copy of the proceedings and findings of
the Planning Commission and City Council.
7.
Amendment. Holders of Conditional Use Permits may propose
amendments to the permit at any time following the procedures r
for a new permit as set forth in this Set -tion. No significant
chances in the circumstances or scope of the permitted use
shall be undertaken without approval of those amendments by j
the City. The Zoning Administrator shall determine what j
constitutes significant change. Changes include, but are not
limited to, hours of operation, number of employees, expansion
of structures and/or premises, different and/or additional
signage, and operational modifications resulting in increased j
external activities and traffic, and the like. The Planning
Commission may recommend, following the procedures for hearing
and review set forth in this Section and the City Council may
approve significant changes and modifications to Conditional
Use Permits, including the application of additional or revised
conditions.
Expiration. Permits which have been issued under the provisions
of this Section shall expire without further action by the
Planning Commission or the City Council unless the applicant
commences the authorized use within one year of the date the
Conditional Use Permit is issued; or, unless before the expir-
ation of the one year period, the applicant shall apply for an i
extension thereof by completing and submitting a request for
extension, including the renewal fee as set forth in the City !
Code.
Page eight
Ordinance No. 82- 08
Conditional Iosco Permits granted pursuant to the provisions
of a prior Ordinance shall expire automatically within one
year of the effective date of this Section if the use has
not been commenced pursuant to the conditions of that permit.
In any instance, where an existing and established Conditional
Use is abandoned for a period of six months, the Conditional
Use Permit related thereto shall expire six months following
the date of abandonment as determined by the Zoninq Administrator.
Section 12. SECTIO"1 10, Subdivision B (Table 1, Items c, g, and h)
are hereby amended to read as follows:
c) Car wash, maehi;ne: automatic or self service
g) Md4*-Stery Office Buildings and-F#nape4ai-{psr#ld!#ens-e�kew
than -banks
h) Sipple-SEepy-Prefessiepal-of€#ee-be3�d#pis-and.
Animal Hospitals
Section 13. SECTION 11, Subdivision A (11) is hereby deleted in its
entirety and substituted with the following:
11. Site Performance Agreement and Financial Guarantee.
Following the approval of the Site Plan required by this Ordinance
and before issuance of a Building Permit, the Developer shall
guarantee to the City the completion of all private exterior
amenities as shown on the approved site plan and as required
by the Site Plan approval. This guarantee shall be made by
means of a Site performance Agreement and a Financial Guarantee
as provided below.
a. The Developer shall execute the Site Performance Agreement
on forms provided by the City. The Agreement shall be
approved as to form and content by the City Attorney and
shall define the required work and reflect the terms of
this Section as to the required guarantee for the perform-
ance of the work by the Developer.
The Agreement shall be executed by the property owner
or the developer as the person responsible for the
completion of the required work.
b. The required work includes private exterior amenities
such as landscaping, private driveways, parking areas,
recreational facilities, drainage systems, curbing and
other similar facilities.
c. A financial guarantee shall be submitted with the
executed Site Performance Agreement as provided herein:
(1.) Financial guarantees acceptable to the City include
cash escrow; a Performance Bond issued by an approved
corporate surety; an Irrevocable Letter of Credit;
or other financial instruments which provide equiva-
lent assurance to the City and which are approved by
the City Fir.ance Director.
(2.) The term of the financial guarantee shall be for the
life of the Site Performance Agreement, and it shall
be the responsibility of the Developer to insure that
a submitted financial guarantee shall continue in full
force and effect until the City Council shall have by
t�
Page nine
Ordinance No. 82- 08
Resolution approved and accepted all of the work under-
taken to be done and shall thereby have released the
guarantee or reduced the amount of the guarantee as provided
in this Section.
(3.) When any instrument submitted as financial guarantee
contains provision for an automatic expiration date,
after which the instrument may not be drawn upon, not-
withstanding the status of the Site Performance Agree-
ment or of the required work, the expiration date shall
be October 31; further, it shall be the responsibility
of the Developer, to notify the City in writing, by certi-
fied mail, at least sixty days in advance of the expiration
date of the intention to renew the instrument or to not
renew the instrument. If the is to be renewed,
a written notice of extension shall be provided thirty days
prior to the expiration date; if the instrument is not to
be renewed, and has not been released by the City Council,
another acceptable financial guarantee in the appropriate
amount shall be submitted at least thirty days prior to
the expiration. The term of any extension ;hall be
approved by the City. Upon receipt of an ;.cceptable
substitute financial guarantee, the Finance Director may
release the original guarantee.
(4.) The amount of the financial guarantee shall be established
by the City based upon an itemized estimate of the cost of
all required work. Cash deposit or It -revocable Letter of
Credit shall be in the amount of 100'. of the approved
estimated cost; a bond shall be in the amount of 150"
of such estimated cost. The amount of any other approved
financial instrument shall be determined by the City.
(5.) The Developer may submit a separate financial guarantee
for that portion of the required work consisting solely
of landscaping improvements with another financial guaran-
tee for all other exterior amenities and improvements which
comprise the work.
d. The time allowed for completion of the required improvements shall
be set out in the Resolution approving the Site Plan and in the
Site Performance Agreement. The Agreement and the financial
guarantee shall provide for forfeiture to the City in the event
such completion date is not met by the Developer. For good cause
shown, the City Council may extend the time for completion of
the required work. The actual date of completion of the required
work shall be established by the City as provided in this Section;
landscaping improvements shall not be deemed complete until the
City has va-ified survivability of all required plantings through
one winter growing season which is defined, for purposes of this
Section, as the period October 31 through April 30. As various
portions of such required work are completed by the Developer
and approved by the City, the City Council may, by Resolution,
release such portion of the financial guarantee as is attributable
to such completed work.
e. The Developer shall notify the City in writing when all or a portion
of the required improvements have been completed and may be
inspected. Upon receipt; of such notice, the Zoning Administrator
shall be responsible for the inspection of the improvements to
determine that the useful life of all work performed meets the
average standards for the particular industry, profession, or
material used in the performance of the work. Any required work
failing to meet such standards shall not be deemed to be complete
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Page ten
Ordinance No. 82- 08
and the Developer shall be notified in writing as to required
corrections. Upon determination that the work has been com-
pleted, including the winter season s,;rvivability of all
landscape improvements, a notice of ,;he date of actual completion
shall be given to the Developer and appropriate action, to re-
lease or to reduce the amount of the financial guarantee, shall
be submitted to the City Council.
Section 14. SECTION 10, Subdivision C (1) is hereby amended with the
addition of the following:
1. Height Regulations:
e. The following State of Minnesota Code of Agency Rules,
Department of Transportation, Aeronautics Division are
hereby adopted by reference: 14 MCAR Section 1.3015
(Criteria for Determining Obstructions to Air navigation)
and 14 MCAR Section 1.3018 (Seaplane Operations within the
Seven County Metropolitan Area). These regulations apply
to the City of Plymouth due to the classification of
Medicine Lake and Schmidt Lake for seaplane operations.
All developments involving structures of a height governad
Dy these regulations shall be subject to the regi1 cements
of those regulations as if they were part of this Ordinance.
Section 15. SECTION 11, Subdivision A (9) is hereby amended to read
as follows:
9. All General Development Plans and/or Site Plans which have been
approved by Council action shall be subject to mandatory compliance
with ordinance requirements and State Buildinq Code requirements
which are in effect at the time a building permit is applied for,
provided that within 6 months of date of said General Development
Plan or Site Plan approval of a development contract or a ®wilding
permit has been executed, then City Ordinance requirements in
effect at the time of approval of said site plan or general
development plan shall apply. Developments which require and
which have received site plan approval by the City Council, but
for which no building permits have been applied for and issued
within one year of pity Council approval shalt be considered null
n and void and subject to the site plan approval requirements of
this Section; provided that within one year of the original City
Council approval, the original petitioner may request in writing,
and the Zoning Official may approve an extensions of not more
than six months. All plans submitted with an application for a
buildino permit more €han tix Mont &tt r tho dare, of T-1tv ('minrit
urainance requirements and State Building Code re uireameni<i; which
are in effect at tet me of the application for aui n eg Wi t.
or to the issuance o
Section 16. SECTION 11, Subdivision A (10) is hereby amended to read as
follows:
Proposed minor structural additions involving 10% or less of
the total existing floor area and proposed minor site expansions
or modifications involving 10 or less of the total existinq site
area which meet all ordinance requirements may be appro�vedly--
tN—eZoning Administrator prior to a building permit being issued
and shall not require Planning Commission or Council review,
subject to the following:
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! Page eleven
ii Ordinance No. 82-08
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a. This Section shall apply to all permitted residential and
non-residential uses which are subject to the site plan
approval requirements of the Ordinance. This Section
shall nota 1 to existing Conditional Uses which are
subject to Public Hearing and review by the Plannin
Commission and City Council.
b. This Section shall apply in the cases of new developments
tion snail a
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ans.
c. Com liance with all Ordinance requirements shall be construed
to include all adopted policies and codes.
d. Any variances from Ordinance and Policy requirements shall
be subject to the established review and hearing proce ures
for plan and variance approval.
e. Unresolved disputes as to administrative application of
Ordinance re uirements shall a referred to t oaPT nni g
Commission and City Council following noriml pan review
and approval procedures.
f. Plans submitted for minor structural additions or miner
site alternations under the terms of this Section shall be
the same as those required by the Ordinance for Site Plan
approva .
g. A copy of the plans approved under this Section shall be
appropriatel certified U the Zoning Administrator an
placed on file With the City Coinc a rove ans.
Section 17. SECTION 11, Subdivision C (3) is hereby amended to read
as follows:
3. Application and Procedure:
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a. Application for the Adjustments and Appeals permitted under
the provisions of this Section shall be in writin and made
to the Zoning Administrator. Theapplication shall include
!i the following:
(1) A completed application form provided by the City
and the fee ee establis eF d by City Code in addition
to the required Building Permit fee, if any.
i.
(2) A written description of the request for the
adjustment or the appeal, int u ing an exp anation
of compliance with the variance criteria set fnrth
i
in this Section.
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!Ordinance. No. 82-08
ij
(3) Supporting materials determined by the Zoning
Administrator to be necessary for the complete
and clear definition and understanding of the request. F
Such materials include, but are not limited to, the
following: maps, certified surveys, building plans,
plat plans, and other narrative materials.
b. Upon receipt of a complete application, the Zoning Administrator
shall establis a time an lace for a hearin before the
Board. At least ten days before the date of the hearing, a €
written Notice of Hearing shall be mailed to the applicant
and to all other persons who, in the du qmento the om ng
m nistrator may e affected the decision o the Board.
T e Zen ng�ldministr_ator_shall provide a copy of the application
and related materials to the Board prior to the scheduled
meeting.
c. The Board shall consider the application at the scheduled
h_eaariin_g�in accordance with rules and procedures for such
eah rings as estabTfshe —by the Board. The Board sha make
its final Order on the application within thirty days of the
hearing.
i
d. In granting any adjustment or variance under the provisions
of this Subdivision, the Board of Zoning Adjustments and
Appeals shall designate such ccnditions in connection Diiere-
with as will, in its opinion, secure substantially the
objectives of the regulations or provision to which the
i adjustment or variance is granted, as to light, air, and
the public health, safety, comfort, convenience and general
welfare.
e. In all cases in which adjustments or variances are granted
under the provisions of this Subdivision, the Board of
Zoning Adjustments and peals and the City Council upon
appeal shall require such evfUence and guarantees as it may
deem necessary to insure compliance with the conditions
designated in connection therewith.
f. The Zoning Administrator shall serve a copy of the final
Order of the Boar upon the appellant or petitioner by mail.
4. Appeal of Board Ruling i
a. Written notice of an a eal to the City Council of a ruling{
it
by the Board must be f le with the Cit Clerk within twenty
a s from and after t o co of the Board's r er as been
maileto the a a ant or a itioner at thQ a rens
furnished on the application.
!i b. Such appeal shall be placed upon the agenda of the City
Counci by t e ty Mana erto etFier wit a co o t e
original aRelication and findings and Minutes of the
Board of Adjustments and Appeals.
c. The City Council will consider the appeal of the Board's
Order and will make its finding by Resolution which shall
include the reasons therefore.
5. Expiration:
Building Permits for which variances or adjustments from the
standards of this Or inance have been granted by an Order of
the Board or of the City Counci shah be taken within one—year
of the ate a t e rder_by the Board or by the City Counc
T e Order for such variances or adjustments b the Board or b
!!
the �CityCo inc s a expire i the Building Permits have not
eeb n taken by vien; provide that the Zoning' Official' my con-
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j Ordinance No. 82-08
�4
tinue the Order for the variances or adjustments_ for
reasonable time upon written request of the petitioner,
upon determination by the Zoning Official that the propcsed
development and the related standards of thi; rd nance
have not changed Trom t ose cons i der-e—d-w-ft-h-OWI
_a_ppppcaton. The Zoninq Administrator shall require a new
application�'a new earn as rov e b t s t on
when, after one year rom the date of the Order it Is
eterm ne _t_ at t_ a _app ca a r_ nance_ standards We
cane or
when, at an time following the is-GACe
the Order,__it is determined that the c rcumstanty a /or
ans o the or na es
re ut ave ve c an re at to r6-
a ustment or variance.
Sect?on 18. Effective Date. This Ordinaace shall be effective upon
i t:; passage and pub�ea on.
Adopted by the City Council the 5th day of April 1 ._.m _� � . _ • 1982
'i
David Davenport, yor
ATTEST:
Laurie !souk, City Clerk