Ch11.§10-2 · City of Nowthen public records

A. Application: 1\. The procedures outlined in this section of the ordinance shall apply to all conditional or interim use permits. 2\. All applications for zoning actions to be reviewed by the Planning & Zoning Commission and acted upon by the City Council shall be submitted to the   City Clerk, who shall determine if sufficient information has been submitted with the application to meet the requirements of this Chapter. 3\. All applications shall include the following information: a. A narrative explaining the proposed use of the property, hours of operation, number of employees, use and/or business characteristics, and any other information as may be required by the City; and b. Legal description of the property; and, C. Application fee, which shall be established in Section 1-1-2 of the City Code; and d. A plat or map of the property that shows, at a minimum, all lot lines and their dimensions, the location and dimensions of existing and proposed structures and their dimensions, driveways and parking areas including the number of spaces, and the existing and intended uses of the buildings or property; and e. All setbacks applicable to existing and proposed buildings and parking areas on the property; and f. Mailing labels of all properties situated wholly or partially within one thousand three hundred twenty (1,320) feet of the property. B. Review: 1\. City staff shall review all applications within ten (10) days of their submission to determine their completeness. 2\. The applicant shall be notified of any information that is missing or incomplete with the application. 3\. The application shall be referred to the Planning & Zoning Commission as well as any professional consultants retained by the City to review the application. C. Review Costs: The applicant shall pay all costs associated with the review of all applications. The review costs generally include, but are not limited to, professional consulting services retained by the City, copying charges, city staff time to review and process the application, hearing notice publications, postage for mailed notices, and any other costs necessary to process the application.   D. Public Hearing: 1\. All conditional and/or interim use permits shall be heard by the Planning & Zoning Commission and the City Council. 2\. The City Clerk shall set a date for a public hearing following receipt of a completed application. All applications for actions requiring public hearings shall be published in the official newspaper at least ten (10) days prior to the public hearing. Notice shall be sent to owners of property within one thousand three hundred twenty (1,320) feet of the property 3\. The failure to give mailed notice to all individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made. 4\. The petitioner or his representative shall appear before the Commission in order to answer questions concerning the proposed use. Any person may appear and testify at the hearing either in person or by duly authorized agent. The Commission shall review the testimony and consultant recommendations, if any, and forward its findings on the application to the City Council within thirty (30) days of the hearing, unless the petitioner agrees in writing to a time extension. E. Review Period: 1\. The City Council shall make a decision within sixty (60) days of submission of a completed application, or such longer period as not objected to by the applicant, provided that the application does not first require review by another public agency. 2\. The review period for applications that first require a review process by another public agency shall begin following completion of the review process as described in Minnesota State Statute Chapter 15.99. 3\. The City may extend the review period for an additional sixty (60) days if written notice is provided to the applicant stating the reason for the extension and specifying the amount of additional review time that is needed. F. City Council Action: 1\. The Council shall review the application and findings of the Commission and shall act on said application within thirty (30) days after receipt of the report from the Commission.   2\. In evaluating the application(s), the City Council shall consider and adopt findings regarding compliance or noncompliance of the application(s) with the Comprehensive Plan, the intent and purpose of this Chapter, and requirements and criteria of this Chapter. 3\. The City Council may attach conditions to its actions to ensure compliance with ordinance requirements or to affect the purpose of this Chapter and protect adjacent properties. 4\. All development, construction, and use shall be in accordance with the approved plan and conditions required by the City Council. Any development not in accord with the approved plan and conditions shall constitute a violation of this Chapter. 5\. Whenever an application for a conditional or interim use permit has been considered and denied by the City Council, a similar application for the conditional or interim use permit affecting substantially the same property shall not be considered again by the Planning & Zoning Commission or City Council for at least one (1) year from the date of its denial, except as follows: a. If the City Council determines that the circumstances surrounding a previous application have changed significantly. b. If the City Council decides to reconsider such matter by a four-fifth's (4/5's) vote of the entire City Council. G. Determination of Type and Duration of Permits: The City Council shall determine if a particular use shall qualify, for purposes of duration, as a conditional or interim use unless specifically stated In Section 3 of this Chapter. 1\. A Conditional Use Permit shall remain in effect as long as the conditions agreed upon are observed, but nothing shall prevent the City Council from enacting or amending official controls to change the status of conditional uses. 2\. An Interim Use Permit shall remain in effect for a specified period of time, until a specific end date, or until the occurrence of a particular event as long as the conditions agreed upon are observed, but nothing shall prevent the City Council from enacting or amending official controls to change the status of interim uses.

Ch.11 § 10-2

Amendment history