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Ordinance No. 1082 11-25-1996 ORDINANCE NO. 1082 CONSIDERATION OF AN AMENDMENT TO THE CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY ADDING SECTION 205.05.02, "APPLICATION PROCESSES", AMENDING SECTIONS 205.05.03, 205.05.04, ADDING SECTION 205.05.07, "VACATIONS", AND RENUMBERING CONSECUTIVE SECTIONS WHERE APPROPRIATE The City Council of the City of Fridley does hereby ordain as follows: 205. ZONING 2 . APPLICATION PROCESS Any applications submitted for land use-related matters, including, but not limited to, variances, special use permits, requests for rezoning, plan and subdivision approval, shall only be submitted in the manner provided in this Code. Any written request or submission for application not submitted in the manner prescribed under this Code shall not be deemed "complete". At the first meeting of each year, or as soon after as practicable, the City Council shall establish dates for the following year on which completed application will be accepted. No application is - complete or may be accepted on any date other than those established by the Council for submission. When a written request or initial application is received by the City, the City shall, within ten days of its receipt, notify the person making the written request or submission if it is not complete. If such a notification is sent, it shall contain a list of those items necessary to complete the request or submission. No period for agency action specified in Minnesota Statutes Section 15 . 99 shall commence until a complete application is submitted to the City, including any items specified in the notice from the City as the basis for a determination of incompleteness. The City expressly reserves the right to extend, with written notice, the period for action under Minnesota Statutes Section 15 . 99 for a period of up to 60 days beyond the deadline specified therein, if the City or its staff find that additional time is reasonably necessary to process and review the submission. An extension beyond 60 days may be provided with the consent of the person or persons submitting the application or request. 3. ANNEXATION 4 . AMENDMENT TO THE ZONING ORDINANCE The Council, by a four-fifths (4/5ths) vote, may adopt amendments to this Chapter as required. The procedure shall be as follows: A. Initiation For Amendment. Page 2 -- Ordinance No. 1082 (1) Any person owning real estate may petition the City Council to amend the district boundaries so as to affect the real estate. (2) The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Chapter. B. Application For Amendment. All petitions for amendments shall be filed with the City on forms provided by the City together with such filing fee as may be established by the City Council. C. Referral To The Planning Commission. All petitions for amendments shall be referred to the Planning Commission which shall hold an official public hearing within forty (40) days of the date of filing such petition. D. Hearing. A notice of hearing shall be published in the official newspaper at least ten (10) days, but not more than thirty (30) days, prior to the date of the hearing. The notice shall contain the dates of the public hearing before both the Planning Commission and the City Council. E. Action By The Planning Commission. (1) If the request is for district change, notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearing before both the Planning Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (2) The Planning Commission shall make its recommendation to the City Council on the night of the public hearing. In the event that no action can be taken by the Planning Commission because of the absence of available information or, in its judgment, and inadequate period of time has elapsed to fully examine or study the application or other submission, the period of time for the action by the City shall be, for purposes of Minnesota Statutes Section 15. 99, be immediately extended for an additional sixty (60) days, or such lesser time as the City may, in its discretion, deem reasonable under the circumstances, and the person or persons making the application or other submission shall be immediately notified of the extension in writing. Page 3 -- Ordinance No. 1082 F. Action By The City Council. (1) All petitions for amendments shall be forwarded to the City Council from the Planning Commission. The City Council shall hold an official public hearing at the next available meeting following the Planning Commission public hearing, with adequate time given to prepare the minutes of the hearing, and follow the process for approval of an ordinance as required under the Fridley City Charter. In no case shall this exceed sixty (60) days either from the date of the receipt of the completed application or submission, unless extended by the Planning Commission, and in that case no later than the petitioner. (2) If the request is for a district change, notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within 350 feet of the parcel of land included in the request. The notice shall contain the dates of the public hearings before both the Planning Commission and the City Council. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. 5 . SPECIAL USE PERMIT A. Purpose. The purpose of this Section is to provide the City of Fridley with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination the City may consider the nature of the land upon which the use is to be located, the nature of the adjoining land or buildings, the effect upon traffic into and from the premises or on any adjoining roads, and all such other factors as the City shall reasonably deem a requisite of consideration in determining the effect of such use. For the purpose of recording, the terms Special Use Permit and Conditional Use Permit shall be said to mean one and the same pursuant to M.S.A. Section 462 .3595, Subdivision 4. B. Application. Whenever this Chapter requires a Special Use Permit, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. C. Referral To The Planning Commission. The application and related file shall be referred to the Page 4 -- Ordinance No. 1082 Planning Commission for study concerning the effect of the proposed use on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty (40) days of the date of filing such petition. D. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. E. Action By The Planning Commission. (1) Notices shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Commission shall make its recommendation to the City Council on the night of the public hearing, except as otherwise provided herein. F. Council Action. (1) The City Council shall consider applications for Special Use Permits at the next available meeting following the Planning Commission public hearing, with adequate time given to prepare the minutes of the hearing. In no case shall this exceed sixty (60) days from the receipt of the completed application unless otherwise extended, with written notice to the applicant for up to sixty additional days, or as otherwise consented_to in writing by the Petitioner. (2) Approval: In considering applications for Special Use Permits under this Code, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions and the effect on values of property in the surrounding area. If it is determined that the proposed use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazard, nor will seriously depreciate surrounding property values, and that the same is in harmony with the general purpose and intent of the Zoning Code, the and safeguards therein by a favorable vote of a majority of City Council may grant such permit and may impose conditions all members of the Council. Page 5 -- Ordinance No. 1082 (3) Agreement: The City Council may require a written agreement, deposit of certified check or funds, a bond or other assurance of faithful observance of conditions, the violation of which shall invalidate the permit and shall be considered a violation of this Chapter. (4) Denial: Special Use Permits may be denied by motion of the Council and such motion shall constitute that conditions required for approval do not exist. No application for a Special Use Permit which has been denied wholly or in part, shall be resubmitted for a period of six (6) months from the date of said order of denial, except on new ground or new evidence or proof of changes of conditions found to be valid by the Planning Commission. G. Lapse Of A Special Use Permit By Non-Use. Whenever within one (1) year after granting a Special Use Permit, the recipient of the Special Use Permit shall not have commenced the work as required by the permit, then such permit shall become null and void unless a petition for an extension of III time in which to complete the work is granted. Such extension shall be requested in writing and filed with the City at least twenty (20) days before the expiration of the original Special Use Permit. The request for extension shall state facts showing a good faith attempt to complete the work. Such petition shall be presented to the City Council for final action. Revocation of Special Use Permit. Failure to comply with any and all conditions and stipulations issued with a special use permit shall result in revocation of the special use permit. Revocation shall occur after a public hearing by the City Council and in compliance with Minnesota Statutes Chapter 462 . All costs incurred by the City during the revocation process may be assessed to the property. 6. VARIANCES 7 . VACATIONS A. Application. In order to vacate any right of way or easement, an application in writing must be filed with the City together with such filing fee as may be established by the City Council and shall be accompanied by a site plan or other documentation as required by the City. Documentation shall include a written petition signed by all property owners directly abutting the right of way or easement to be vacated, their agreement of the vacation request. Page 6 -- Ordinance No. 1082 B. Referral To The Planning Commission. The application and related file shall be referred to the Planning Commission for study concerning the effect of the vacation on the Comprehensive Plan and on the character and development of the neighborhood. The Planning Commission shall hold an official public hearing within forty (40) days of the date of filing such petition. C. Hearing. A notice of public hearing shall be published in the official newspaper at least ten (10) days but not more than thirty (30) days prior to the date of the hearing. D. Action By The Planning Commission. (1) Notices shall be mailed to all owners of property within 350 feet of the parcel containing the easement, or the right of way to be vacated, not less than ten (10) days nor more than thirty (30) days prior to the hearing. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Chapter. (Ref. 1026) (2) The Commission shall make its recommendation to the City Council on the night of the public hearing, or table action until the next regularly scheduled meeting. If the application is tabled, the City may provide for an extension of no more than 60 days of the period for consideration of the application by notifying the applicant of that decision in writing. In no event shall any extension beyond the additional sixty days be permitted absent the express written consent of the applicant. E. Council Action. (1) The City Council shall consider applications for Vacations at the next available meeting following the Planning Commission public hearing, with adequate time given to prepare the minutes of the hearing. In no case shall this exceed sixty (60) days from the date of receipt of the competed application unless an additional period of time is established by the planning commission or the council as necessary for further deliberation and the applicant is so notified in writing. In no event shall any such extension exceed a period sixty days beyond the original sixty day period unless consented to by the petitioner in writing. The City Council shall follow such procedures as established by the City Charter for approval of vacation requests. 8 . BUILDING PERMITS Page 7 -- Ordinance No. 1082 9. CERTIFICATE OF OCCUPANCY 10. ENFORCEMENT PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF NOVEMBER, 1996. WILLIAM J. NEE - MAYOR ATTEST: lattaiwv a. t,. Cdr WILLIAM A. CHPA - A CLERK Public Hearing: October 28, 1996 First Reading: November 4, 1996 Second Reading: November 25, 1996 Publication: December 5, 1996 V