HomeMy Public PortalAbout417CITY OF MEDINA
ORDINANCE NO.417
AN ORDINANCE AMENDING SECTIONS 825.37; 825.43;
825.47; 825.77;.AND 827.33
OF THE MEDINA CODE OF ORDINANCES
RELATING TO NOTICE REQUIREMENTS
The City Council of the City of Medina ordains as follows:
Section I. The code of ordinances of the city of Medina is amended by deleting the stricken
language and adding the underscored language as follows:
1. Section 825.37. Procedure on Zoning Amendments.
Subd. 1. An amendment to the text of the Ordinance or zoning map may be initiated by
the City Council, the Planning Commission or by application of a property owner. Any
amendment not initiated by the Planning Commission shall be referred to the Planning
Commission for review and may not be acted upon by the Council until it has received the
Planning Commission recommendations. Individuals wishing to initiate an amendment to the
Zoning Ordinances shall fill out a zoning amendment application form signed by the property
owner and submit it to the Zoning Administrator.
Subd. 2. The property owner applying for a zoning amendment shall fill out and submit
to the Administrator a rezoning application form. A survey shall be attached if requested by the
Zoning Administrator. A site plan must be attached at a scale large enough for clarity showing
the following information:
(a) location and dimensions of: lot, building, driveways, and off-street parking.
(b) Distance between: building and front, side, and rear lot lines; principal building
and accessory buildings; principal building and principal buildings on adjacent
lots.
(c) Location of: signs, easements, underground utilities, septic tanks, tile fields, water
wells, etc.
(d) Any additional information as may reasonably be required by the Administrator
and applicable sections of the Zoning Ordinance.
Subd. 3. A public hearing on the rezoning application shall be held by the Planning
Commission within a reasonable time daya after the request for the zoning amendment has been
received. Notice of said hearing shall be published in the official newspaper designated by the
City Council at least ten (10) days prior to the public hearing. For land located in the RR, RR-1,
RR-2 or RR-UR zoning districts, ahe City Clerk -Treasurer shall mail the same notice to the
owners of property located within 1000 three hundred and fifty (350) feet (or such greater
distance as the Zoning Administrator may determine, based upon the anticipated impact of the
proposal) of the outer boundaries of the land proposed to be rezoned. For land located in any
other zoning district, the City Clerk -Treasurer shall mail notice to the owners of property located
Ordinance No. 417
October 17, 2006
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within 350 feet of the outer boundaries of the land proposed to be rezoned. The notice shall
include the description of the land and the proposed changes in zoning. The City Council may
waive the mailed notice requirement for a city-wide amendment initiated by the Planning
Commission or City Council. The Planning Commission shall make its report to the City
Council within a reasonable time following the hearing recommending approval, disapproval or
modified approval of the proposed amendment.
Subd. 4. The Medina City Council must take action on the application within the time
period prescribed by state lawcixty days following referral by the Planning Commission. The
person making the application shall be notified of the action taken. The Zoning Administrator
shall maintain records of amendments to the text and zoning map of the Ordinance.
Subd. 5. No application of a property owner for an amendment to the text of the
Ordinance or the zoning map shall be considered by the Planning Commission within the one-
year period following a denial of such request, except the Planning Commission may permit a
new application, if in the opinion of the Planning Commission, new evidence or a change of
circumstances warrant it.
2. Section 825.43. Procedure on Conditional Use Permits.
Subd. 1. The applicant applying for a conditional use permit shall fill out and submit to
the Zoning Administrator a conditional use application form. A site plan must be attached at a
scale large enough for clarity showing the following information:
(a) Location and dimensions of: lot, building, driveways, and off-street parking
spaces.
(b) Distance between: building and front, side and rear lot lines; principal building
and accessory buildings; principal building and principal buildings on adjacent
lots.
(c) Location of: signs, easements, underground utilities, septic tanks, tile fields, water
wells, etc.
(d) Any additional information as may reasonably be required by the Administrator
and applicable sections of the zoning ordinance, including but not limited to the
following:
(i) site plan drawn at scale dimensions with setback noted.
(ii) location of all buildings, heights, and square footage.
(iii) curb cuts, driveways, parking spaces.
(iv) drainage plan.
(v) type of business, proposed number of employees by shift.
(vi) proposed floor plan with use indicated and building elevations.
(vii) sanitary sewer and water plan with estimated use per day.
(viii) a lighting plan showing the lighting of parking area, walks, security
lighting and driveway entrance lights.
(ix) a landscape plan with a schedule of the plantings.
(x) a survey.
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October 17, 2006
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Subd. 2. The Zoning Administrator shall refer the application to the Planning
Commission for review.
Subd. 3. The Planning Commission shall hold a public hearing on the proposal. Notice of
the public hearing shall be published in the official newspaper designated by the City at least ten
(10) days prior to the hearing. For land located in the RR, RR-1, RR-2 or RR-UR zoning
districts, nNotice of the hearing shall also be mailed to owners of property located within 1000
three hundred fifty (350) feet of the outer boundaries of the land to which the conditional use
will be applicable. For land located in any other zoning district, notice shall be mailed to the
owners of property located within 350 feet of the outer boundaries of the land to which the
conditional use will be applicable. The notice shall include a description of the land and the
proposed conditional use.
Subd. 4. The report of the Planning Commission shall be placed on the agenda of the
but not later than sixty days after the public hearing. The City Council must take action on the
application within the time period prescribed by state law. The person making the application
shall be notified of the action taken.
Subd. 5. If Tthe City Council grants the conditional use permit, the City Council may
impose conditions it considers necessary to protect the public health, safety and welfare, and
such conditions may include a time limit for the use to exist and operate.
Subd. 6. An amended conditional use permit application shall be administered in a
manner similar to that required for a new specialconditional use permit. Amended
specialconditional use permits shall include requests for changes in conditions and as otherwise
described in this Ordinance.
Subd. 7. No application for a conditional use permit shall be resubmitted for a period of
six (6) months from the date of said order of denial unless substantial new facts or information
can be presented.
Subd. 8. If periodic review is included as a condition by which a conditional use permit
is granted, the Zoning Administrator shall investigate and report to the City Council on the need
for a public hearing to consider any failure of the applicant to meet the conditions imposed by
the City Council. Such public hearing, if required, shall follow the procedure set forth in Section
825.43, Subd. 3 of this Code.
Subd. 9. In the event that the applicant violates any of the conditions set forth in thisthe
conditional use permit, the City Council shall have the authority to revoke the conditional „se
permit.
Subd. 10. Upon a change of tenancy in an existing conditional use permit in commercial
or industrial uses, the Zoning Administrator is authorized to allow the new tenant to continue
upon the same terms and conditions, making only such changes as are reasonably required to
implement the intent of the City Council in issuing the original permit.
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3. Section 825.47. Procedure on Variances.
Subd. 1. The person applying for a variance must fill out and submit to the Zoning
Administrator a variance request form. A site plan must be attached at a scale large enough for
clarity showing the following information:
(a) Location and dimensions of lot lines, buildings, driveways, and off-street parking
spaces;
(b) Distances between buildings and front, side, and rear lot lines; principal buildings
and accessory buildings; and principal buildings and principal buildings on
adjacent lots;
(c) Location of any signs, easements, underground utilities, septic tanks, tile fields,
water wells, or similar features; and
(d) A survey, if requested by the Zoning Administrator.
Subd. 2. The planning commission must hold a meeting on the proposal. For land
located in the RR, RR-1, RR-2 or RR-UR zoning districts, nNotice of the meeting must *Ise be
mailed at least 10 days prior to the meeting to owners of property located within 1000 three
hundred fifty (350) feet of the outer boundaries of the land to which the variance will be
applicable. For land located in any other zoning district, notice shall be mailed at least 10 days
prior to the meeting to owners of property located within 350 feet of the outer boundaries of the
land to which the variance will be applicable. The notice must include a description of the land
and the proposed variance.
Subd. 3. After review and recommendation by the planning commission, the variance
must be referred to the Board of Adjustment and Appeals. The Board of Adjustment and Appeals
may grant, deny or condition approval of the variance on such terms as it considers reasonably
necessary to protect the public health, safety or welfare, including a limit on the period of time
the use benefiting from the variance may exist or operate. The Board of Adjustment and
Appeals must make its decision within the time period prescribed by state law. The applicant
shall be notified of the action taken.
Subd. 4. Any variance granted by the Board of Adjustment and Appeals is valid for one
year following final action by the Board and must be used within such period of time. After such
period, the variance is null, void and of no effect unless the Board grants an extension upon
request by the variance holder prior to the expiration of the year. Prior to granting any extension,
the Board must find that the owners of neighboring properties will not be adversely affected by
the extension. A variance is deemed to have been used if, prior to the expiration of one year or
such extension as the Board may grant, a building permit has been issued and over fifty percent
of the work has been performed.
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October 17, 2006
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4. (This provision applies to interim use permits.) Section 825.77. Planning Commission
Review; Public Hearing.
Subd. 1. The planning commission shall review the proposed interim use permit on the
basis of the information and documentation submitted by the applicant and any other information
available to it. The planning commission shall hold a public hearing on the proposed interim use.
Notice of the time, place and purpose of the hearing shall be published in the city's official
newspaper at least ten days prior to the date of the hearing. For land located in the RR, RR-1.,
RR-2 or RR-UR zoning districts, nNotice shall also be mailed at least ten days prior to the
hearing to each owner of affected property and property situated wholly or partly within 1000
;SO feet of the property to which the interim use relates. For land located in any other zoning
district, notice must also be mailed at least 10 days prior to the hearing to each owner of property
situated wholly or partly within 350 feet of the property to which the interim use permit relates.
Subd. 2. The planning commission shall review the proposed interim use to determine
whether it is consistent with the requirements of this ordinance. Following the public hearing, the
planning commission shall recommend that the interim use be approved with conditions or
denied. The planning commission shall forward its recommendation to the city council along
with a list of suggested conditions if it recommends approval of the permit.
5. (This provision applies to PUD concept plans.) Section 827.33 Concept Plan.
Subd. 1. Application Procedure.
(a) As the first step in the review procedure for a PUD, an applicant shall complete
and submit to the City an application form for Concept Plan approval, together
with a fee as determined by City Council resolution. The applicant shall submit
with the application such information as is required by the City and such other
information as deemed necessary to explain the general intent of the application.
Should Concept Plan approval be granted for a PUD, this approval in no way shall
bind the City to subsequent approval of a General Plan of Development.
(b) Once an application for Concept Plan approval is complete, the Zoning
Administrator shall refer it to the Planning Commission for a public hearing.
Notice of such public hearing shall be published in the official newspaper at least
ten (10) days in advance of the hearing. operers For land located in
the RR, RR-1, RR-2 or RR-UR zoning districts, notice of the hearing shall also be
mailed to owners of property located within three hundred fifty (350) 1,000 feet
of the subject
property shall be notified of this hearing, as listed in the records of the City
Assessor, although the failure of any property owner to receive such notification
shall not invalidate the proceedings. Notification shall be by mail to all such
property owners, shall be given at least ten (10) days in advance of the hearing,
and may include a larger geographic area if deemed advisable by the Zoning
Administrator. For land located in any other zoning district, notice of the hearing
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October 17, 2006
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shall also be mailed to owners of property located within 350 feet of the subject
property.
Section II. This ordinance shall take effect upon its adoption by the city council and publication
in the City's official newspaper.
Adopted by the Medina city council on the 17th day of October 2006.
B ce D. Workman, Mayor
ATTEST:
94 /7-_._.
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 23rd day of October, 2006.
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