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HomeMy WebLinkAbout2419-12 - ADMIN Ordinance - City Council - 2012/08/20• • • ORDINANCE NO. 2419-12 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 3, 33, 34, 35, 36, 37, 38, 39, 40, 41, 115, 151, 163, 164, 165, 166, 167, 223, 243, 244, 365 CONDITIONAL USE PERMIT REGULATIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 12-20-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 3, 33, 34, 35, 36, 37, 38, 39, 40, 41, 115, 151, 163, 164, 165, 166, 167, 223, 243, 244, 365 are hereby amended by deleting stricken language and adding underscored language. Section breaks are represented by ***. *** Sec. 36-31. Sec. 36-32. Sec. 36-33. • .. -. Sec. 36-34. Variances Amendments. Sec. 36-35. Amendments . Sec. 36-36. Reimbursement _ . .. Sec. 36-37. Continuation of certain special permitsEnfemenient. Sec. 36-38. Enforcement . Sec. 36-39. Public hearings - - Sec. 36-40. Compliance with the Comprehensive Plan. Secs. 36-41A--36-70. Reserved. Chapter 36 ZONING Table of Contents Article II. Administration and Enforcement Interpretation; procedures. Registration of land use. Csonditional Uuse permits iances. *** *** Sec. 36-365. Reserved *** Article V. Special Provisions Ordinance No. 2419-12 -2- ARTICLE I. IN GENERAL *** Sec. 36-3. Rules of construction. *** (d) Jurisdiction and authority. (1) This chapter is enacted under the authority granted to the city in state statutes. If those statutes are amended to restrict or enlarge the authority delegated to the city, those amendments shall be incorporated into this chapter. (2) Any action by the city to extend the time limit to process a zoning application in accordance with Minn. Stat 15.99, as amended, may be taken administratively without city council approval. (3) This chapter governs the use of all land and structures in the city unless such regulation is specifically preempted by state or federal statutes or regulations. *** • Sec. 36-33. Ceonditional 'Luse permits (CUP) and al vaFianees. Y. (a) Findings and Purpose: The city council may grant conditional use permits by resolution for uses and purposes authorized by this chapter, and may impose such additional conditions and safeguards in permits as may be necessary to protect the comprehensive plan and the general purpose and intent of this chapter. (b) .Standards and conditions. A conditional use permit shall be issued when the following findings are made: • (1) Consistency with plans. It is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. (2) Nuisance It is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values ofproperties in closeproximity to the conditional use. (3) Compliance with code. It is consistent with the regulations, intent and purpose of City Code and the zoning distnct in which the conditional use is located. (4) Consistency with service capacity. It will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Ordinance No. 2419-12 -3- (5) Site design It is consistent with the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city council. (6) Consistency with utilities. It is consistent with the City's stormwater, sanitary sewer, and water plans. (7) Conditions specific to site. It complies with all conditions imposed by the City Council and listed within the conditional use permit. (c) General Provisions: (1) Conditional Use Permit required. No building or land shall be used or occupied for a use which requires a conditional use permit until the permit has been issued. (2) Compliance to conditions required. No building or land shall be used or occupied for which a conditional use permit has been issued unless that use complies with all of the conditions of that conditional use permit. (3) Referral to planning commission The request for a conditional use permit shall be referred to the planning commission for a public hearing and to study the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood. The planning commission shall recommend to the city council whether to grant or deny the conditional use permit request and the conditions which should be attached to the conditional use permit, if the recommendation is to approve the request. (4) Action without planning commission recommendation. If the planning commission does not transmit a recommendation to the City Council in a timely manner, then the city council may take action on the request without a recommendation of the planning commission. (5) Reimbursement. The conditional use permit shall become valid after the applicant has paid to the city all fees due according to section 36-36. (6) Building permits. Building permits shall not be issued for any property for which the city council has approved a conditional use permit until the applicant has met the conditions of the permit, paid to the city all required fees, has signed an assent form, and has filed with the city clerk any required letter of credit or other security. (7) Major Amendment. A major amendment to an existing conditional use permit is required when the proposed changes or modifications will have an effect on required parking, required yards, floor area ratios, ground floor area ratios, signage, building height, density, covenants or agreements required by the original conditional use permit, or changes in conditional use permits issued in the FW, FF or FP distncts. A major amendment shall follow the same process required for an initial CUP application (8) Minor Amendment. Any amendment to an existing conditional use permit not considered a major amendment as defined above maybe approved by the City Council. Ordinance No. 2419-12 -4- The minor amendment shall follow the same process as an initial CUP application, except that a public hearing and planning commission review is not required. (d) Process: (1) Application All applications for conditional use permits shall be initiated by, or with the written consent of, the owners of the property. A complete application shall consist of: a. An application and payment of required application fee. b. A complete and accurate legal description of the property. c. A written explanation of the request addressing the development proposal and the criteria listed in section (b) above. d. A survey of the property showing all property lines, topography, structures and easements. Additional drawings showing site conditions and improvements as needed to show compliance with city regulations. e. A dimensioned plan showing landscaping, parking, lighting, and other site design elements required to show compliance with City Code. f. A dimensioned plan showing drainage, stormwater and utility plans prescribing locations for city water, sewer, fire hydrants, manholes, power, telephone, and cable lines, natural gas mains, and other service facilities prepared by a professional civil engineer registered in the state and adopted. g. A dimensioned plan showing the floor plan and elevations for all existing and proposed structures. h. A map or plat showing the lands proposed for the conditional use permit and all lands within 350 feet of the boundanes of the property and two copies of the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records. i. Any other materials required by the city. (24-) Hearings. a. The planning commission shall conduct a public hearing for all initial conditional use permit applications and major amendments to existing conditional use permits. be. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the date of the hearing. Ordinance No. 2419-12 -5- cd. A notice of these hearings shall also be mailed at least ten days before the date of the hearing to each owner of the affected property and owners of record of property located wholly or partly within 350 feet of the property for which the conditional use permit ewe has been requested. de. The person responsible for mailing the notice shall use the records of the county auditor's office or other appropriate records to determine the names and addresses of owners entitled to written notice. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the record of the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings provided a bona fide attempt has been made to comply with this section. 0) Conditions ions. a—The city council may impose reasonable conditions in any conditional use permit and may, at any time at its election or upon application by the property owner, modify the conditions of an existing conditional use permit as changing circumstances warrant. (4) Modifications. The City Council may initiate a modification of an existing conditional use permit. The modification shall follow the same process as required for a conditional use permit. permits issued in the FW, FF or FP districts. (5) Assent form. A Ne conditional use permit a iance with imposed conditions is not valid until the applicant has signed an assent form and the approved exhibits which acknowledge the terms and conditions under which the conditional use permit OF ase is granted, agreeing to observe them. (4) Filing. The resolution approving a conditional use permit, Manse, or modification of a conditional use permit a iance shall include the legal description of the property for which the permit or vananco was issued. A certified copy of the resolution shall be Ordinance No. 2419-12 -6- filed with the appropriate filing officer at the county recorder or county registrar of titles. a. The zoning administrator shall notify tho holder in writing of tho violation. Tho b. The notice shall state that after the expiration of ten days from the date of service, proceeding. progressing -in -an -orderly -way, a. A change in tho zoning use district for such lands is made by amendment to tho b. Eminent domain proceedings have boon initiated to take all or any part of tho Ordinance No. 2419-12 -7- c. The use doscribod in tho conditional use pormit or varianco becomes an illegal 2. d. Title to all or part of land described in such conditional use permit or variance i:, e. The person to whom the conditional use permit or variance was issued files a g. The building or structure for which a varianco or conditional use permit was gra . o ea a. Any conditional use permit granted by the city is revoked and canceled if all (7)Extension of time. The city council may grant an extensions of time beyond the termination date for any conditional use permit. Tho board of zoning The fee to process an extension request shall be set by resolution adopted by the city council establishing such fees. At the time the extension is granted, the city council or the board of zoning appeals may waive the fee and direct the return of a part or all of it to the Ordinance No. 2419-12 -8- applicant. In considering whether to refund any of the fee charged, the city shall determine whether it has incurred additional expense in considering the request for extension. Requests for extension of time must be filed with the city manager before the termination date of the conditional use permit ( 4- )Denial; a -Conditional use permits may be denied by resolution of the city council. A resolution of denial shall constitute a finding by the city council that the conditions required for approval do not exist. ase: Ordinance No. 2419-12 -9- Sec. 36-34. (4)Variances. The City may grant variances from the strict application of the provisions of the zoning ordinance in accordance with this section and state law. (a) Standards and Provisions. While reviewing a variance application, the City shall consider the strict application of the provisions of this chapter and the requirements of all applicable state law. (1) Variances are not permitted for: a. Any land use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. b. Floor elevations lower than the flood protection elevation in the floodplain district. (2) The City may grant variances upon consideration of the following: effect of the proposed Ordinance No. 2419-12 -10- variance upon the health, safety and welfare of the community. enly-be-perrnittefk ba. When The request is they -are in harmony with the general purposes and intent of the ordinance and, cb. When -the The request is consistent with the comprehensive plan. d.( The applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that: La: The property owner proposes to use the property for a land use permitted in the zoning district in which the land is located. A variance can be requested for dimensional items required in the zoning ordinance, including but not limited to setbacks and height limitations 2b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and 36. The variance, if granted, will not alter the essential character of the locality. 44. Economic considerations alone do not constitute practical difficulties. 5. Practical difficulties include inadequate access to direct sunlight for solar energy systems. ea. There are c6ircumstances unique to the property include the shape, topography, water conditions, or other physical conditions unique to the property. fb. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. ge. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. hd. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. (35) The City beard may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. • Ordinance No. 2419-12 -11- (46) Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. (557) Variances involving a floodway, flood fringe and floodplain. If the application for a variance involves property within a floodway, flood fringe and floodplain district, theft a copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. In determining whether the property owner is proposing to use the property in a reasonable manner, the following additional variance criteria of the Federal Emergency Management Agency must also be satisfied: a. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. No variance shall allow a lower degree of flood protection than the Regulatory Flood Protection Elevation. e. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (i) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Lbb8) Process. A request for a variance shall be considered by the board of zoning appeals. . The city council will act as the board of zoning appeals for variance requests made in conjunction with a conditional use permit, PUD application, or subdivision. The planning commission shall hold the public hearing on the variance request, review the variance request along with the conditional use permit, PUD application, or subdivision proccss, and report its findings and recommendations to the city council. (1)a, Applications. All applications for variances shall be imtiated by, or with the wntten consent of, the owners of the property. A complete application shall consist of: Ordinance No. 2419-12 -12- a-1-. An application and fee payment. b2. A written explanation of the request addressing the variance criteria in sections (2), (3) and (4) above. c3. A survey of the property showing all property lines, existing and proposed structures and easements. d4. A dimensioned plan showing the floor plan and elevations for all existing and proposed structures. e6. A map or plat showing the lands proposed for variance and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropnate records. f6. Any other materials required by the city. (2)b7Notice. After receipt of a complete application, the city shall set a date for a public hearing before the board of zoning appeals for the any -variance request within 45 days after the application for a varianco is received by the city. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances(s) occurring within a floodway, flood fringe or floodplain district sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (3 G. Hearings. The public hearing shall be held only after the required notice has been given. The board of zoning appeals or planning commission shall hear arguments at the hearing for and against the proposed variance and it may continue that hearing from tie if a-sentinued-heacing it is reasonably required. Final vote on the proposed variance shall be taken within 30 days after the public hearing is closed. (4)4Appeal to the city council. Any owner of affected property or any owner of property situated wholly or partly within 350 feet of the affected property may appeal the decision of the board of zoning appeals to the city council. The appeal must be in wnting and must be filed with the city clerk within ten calendar days after the date of the board of zoning appeals' decision. The required fee shall be paid to the city treasurer when the appeal request is filed. When an appeal is received by the city, the applicant will be notified of the date and time the city council will hear the appeal. No appeal will be heard until the city has notified all property owners within 350 feet of the subject property of the date scheduled for the appeal hearing. If no appeal is made within the ten-day period, the decision of the board of zoning appeals shall be final. If an appeal is taken from the decision of the board of zoning appeals, the city council shall hear the appeal within 30 days of the filing of the appeal unless that period is extended with consent of the appellant. The city council may reverse a decision of the board of zoning appeals by an affirmative vote of the majority of its full membership. The city council shall render a decision within 30 days concluding the appeal hearing. A decision of the board of zoning appeals shall not become effective until the end of the appeal period has expired. If an appeal is filed before the end of the appeal period the Ordinance No. 2419-12 -13- decision of the board of zoning appeals shall not become effective until the city council has rendered a decision on the appeal. (5) Any person who is denied a vanance by the board of zoning appeals or whose appeal is denied by the city council may not reapply for the same variance within 24 months from the denial date unless the physical conditions of the property or land in question have changed. A change in the physical conditions would include, but is not limited to, a division or combination of the land or a taking of part of the land for public purpose. Sec. 36-354. Amendments. *** Sec. 36-365. Reimbursement . (a) Purpose. The purpose of this section is to: (a)--P-urpose:(1) provide a procedure to reimburse the city for its cost of review, analysis, and evaluation of development proposals, conditional use permits, comprehensive plan amendments, zoning amendments, and enforcement of the ordinance from which this chapter is derived in cases where, due to the level of complexity of the application under consideration, excessive costs beyond those normally incurred by the city as a result of the administration of the ordinance from which this chapter is derived are incurred. The excess costs result from problems presented in review, analysis, and evaluation which necessitate intensive investigation and research. The intent of this section is to ensure an adequate level of review of these cases and to ensure that the adverse effects of development on the city are minimized and compliance with goals and objectives of the comprehensive plan and this chapter are obtained. (2) Provide a procedure and critena to reimburse to applicants a portion of the fees and costs already paid to the city, but not needed to cover the costs and expenses incurred by the city in reviewing their application or request. Ordinance No. 2419-12 -14- (b) Reimbursement of city expenses. (lb) Conditions where reimbursement authorized. The city may, in its sole discretion, require reimbursement of city costs under the following conditions: a.(4 --)When the city manager finds multiple planning commission and city council meetings are required to review a particular item and additional staff time is expended on that item subsequent to the initial meeting. b.( -2 -)When the city manager finds it necessary to retain consultants and experts to review requests and advise its staff of specific impacts of a proposal, including but not limited to impacts on traffic, utilities, drainage, and aesthetic or environmental characteristics of the community. c.9 When it is necessary for the city attorney to review a proposal. d.( -4 -)When the city manager finds that other extraordinary costs are incurred by the city as a result of the administration of this chapter. (2e) Procedure. a.(4 -)The city shall notify the applicant that the city will incur additional costs at the earliest possible time and, if possible, provide the applicant with an estimate of the expected additional cost. b.( -2 -)The applicant shall pay the estimated additional cost to the city by certified check or bank money order. If the amount paid to the city initially is insufficient to cover all city costs, the additional amount shall be billed to the applicant. Any money which has not been used to pay additional costs after the applicant's request has been processed shall be refunded to the applicant. c.(--3-)No certificate of occupancy for any project subject to this section shall be issued until all money owing to the city has been received. d.( -4 -)All costs billed under this section shall be based on the actual cost to the city of staff time, overhead, material costs, and actual billings from consultants, experts and attorneys. (c) Refund of fees. If any application for a conditional use permit, variance, zoning amendment, PUD, continued special permit, Comprehensive Plan amendment, subdivision, or vacation is withdrawn in writing by the applicant or is notprocessed by the city for any other reason so that a final decision is not made by the city, the applicant is entitled to a refund of the application fees paid to the city according to the following provisions: (1) 75 percent of the application fee and 100 percent of the recording fee shall be refunded if the request is withdrawn before the deadline for rescinding the public hearing publication. Ordinance No. 2419-12 -15- (2) 50 percent of the application fee and 100 percent of the recording fee shall be refunded if the request is withdrawn before the request has been considered by the planning commission or board of zoning appeals. (3) 25 percent of the application fee and 100 percent of the recording fee shall be refunded if the request is withdrawn before the request is considered by the city council. (4) Any portion of additional fees paid to reimburse costs incurred by the city that exceeds the costs already or expected to be incurred by the city. Sec. 36-376. Continuation of certain special permits. *** Sec. 36-387. Enforcement. (a) Compliance with regulations. *** (1) Compliance required. All persons, firms, corporations, and voluntary associations shall comply with the regulations and conditions contained in this chapter. Any person, firm, corporation, or voluntary association who fails to comply with any of the provisions of this chapter, or . • ' . - . • ' . - _ - violates any detailed statement, condition, or plan imposed in the manner permitted by this chapter, shall be guilty of a misdemeanor. a. The city may enforce any provision of this chapter by issuing a citation, or by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction and may require reimbursement of all legal fees required for the enforcement of any provision of this chapter from persons found guilty of a violation. b. The city, at its sole discretion, may enter into mediation regarding issues in the enforcement of this chapter, provided that mediation shall not be pursued where the issue involves a specific dimensional or performance requirement. Mediation may be pursued when the issue involves an interpretation of the application of chapter requirements. Mediation shall not be substituted for a variance proceeding and the city shall not agree to be bound by the mediation process when the result would be an action inconsistent with the intent of this chapter. c. Each day that a violation occurs shall be considered a separate violation. (2) Approved land uses Land shall be used only for the purpose permitted in the distnct in which the land is located. Ordinance No. 2419-12 -16- (34) Height limits. No building shall be erected, converted, enlarged, reconstructed, nor structurally altered to be higher than the height limit established for the district in which the building is located. (46) Area regulations No building shall be erected, converted, enlarged, reconstructed, nor structurally altered unless it conforms to the area regulations of the use district in which the building is located. A lot shall not be divided nor shall any structure be erected or altered to reduce the floor area ratio below that required by this chapter for the district in which the lot is located. 056) Parking and loading facilities. No building shall be erected or structurally altered unless the site on which it is located provides the off-street parking and loading facilities required by this chapter. (f)-7) Encroachments. The yards, parking spaces, designed outdoor recreation area, and open lot area required by this chapter efleptien, shall not be encroached upon or considered as part of the yard, parking space, designed outdoor recreation area, or open lot area required for any other building unless joint use of parking or a combination of yards or designed outdoor recreation area or open lot area is specifically authorized by this chapter. (77) Building and lot limitations. Every building erected or structurally altered after the effective date of the ordinance from which this chapter is derived shall be located on a lot as defined in section 36-4 and in no case shall there be more than one principal building on one lot, except as authorized by this chapter. issued-autheFizing-its-use m. (9) Abandonment, revocation and cancellation of permit or variance If the zoning administrator determines that anv holder of an existing variance or conditional use permit has violated anv of the conditions or requirements imposed as a condition to approval of the permit or variance, or has violated any other applicable laws, ordinances, or enforceable regulation, the variance or conditional use permit granted by the city may be revoked and canceled by the following process: a. The zoning administrator shall notify the holder in writing of the violation. The notice shall be given in person or by United States Postal Service addressed to the address of the applicant stated on the original application. Notice shall also be served upon the occupant of the premises for which the conditional use permit or Ordinance No. 2419-12 -17- variance was issued or, if no occupant can be found, notice shall be posted in a conspicuous place upon such premises. Notice shall be effective on the date of mailing, personal service or posting. b. The notice shall state that after the expiration of ten days from the date of the notice, the conditional use permit or variance is terminated without -further action or proceeding. (10) New construction required within two years. All variances and conditional use permits shall be revoked and canceled after one year has elapsed from the date of the adoption of the resolution granting the variance or conditional use permit if a new structure or alteration or substantial repair of an existing building is required by the conditional use permit or variance and the holder has failed to complete the work within that year, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. (11) Occurrence of certain events. If the holder of a conditional use permit or variance fails to make actual use of vacant lands or lands and structures which were existing when the permit or variance was issued and no new structure, alteration, or substantial repair to existing buildings was required; or if a new structure was required by the conditional use permit or variance and no building permit has been obtained, the conditional use permit or variance shall be revoked and canceled upon the occurrence of any of the following events: a. A change in the zoning use district for such lands is made by amendment to the ordinance from which this chapter is derived by the city council. b. Eminent domain proceedings have been initiated to take all or any part of the premises described in the conditional use permit or variance. c. The use described in the conditional use permit or variance becomes an illegal activity under the laws of the United States of America or this state. d. Title to all or part of land described in such conditional use permit or variance is forfeited to the state for nonpayment of taxes. e. The person to whom the conditional use permit or variance was issued files a written statement in which that person states that the conditional use permit or variance has been abandoned. The statement shall describe the land involved or state the resolution number under which the conditional use permit or variance was granted. f. The premises for which the conditional use permit or variance was issued are used by the person to whom the permit or variance was issued in a manner inconsistent with the provisions of such conditional use permit or variance. g. The building or structure for which a variance or conditional use permit was granted is removed. (12) Abandonment if conditions not met or use discontinued. x^i• Ordinance No. 2419-12 -18- a. Any conditional use permit granted by the city is revoked and canceled if all conditions imposed in the conditional use permit are not satisfied within a time specified by the city council or if the approved use is discontinued for a period of more than two years. b. Any variance granted by the board of zoning appeals is revoked and canceled if all conditions imposed in the variance are not satisfied within the time specified by the board of zoning appeals or if the approved use is discontinued for a period of more than two years. c. If an extension is requested by the owner of the property on which a conditional use permit has been discontinued prior to the end of two years, the city council may consider or approve, by resolution, such requested extension if the city council finds the use to be acceptable and a satisfactory reason exists to grant an extension; however, such extension shall not be granted if it would allow the discontinued use to extend more than an additional three years beyond the original two years. (132)Plan change not required In the event the City adopts an amendment to this Chapter that results in a building, land use or conditional use permit becoming non -conforming prior to the commencement of construction of the building, then changes to the plan will not be required if construction begins within 90 days after the effective date of the ordinance amending this chapter. If, however, building construction is voluntarily discontinued by the permit holder for a period of 90 days, then any further construction shall conform to the provisions of the amendment. amen (14) Uses superseding ordinance. A use which violates the provisions of the ordinance which this chapter supersedes shall not be validated by the adoption of the ordinance from which this chapter is derived unless it is permitted by this chapter's provisions, nor shall this chapter extend any temporary use beyond the expiration date of a temporary permit granted prior to the effective date of the ordinance from which this chapter is derived. *** Sec. 36-398. Public hearings. *** • Ordinance No. 2419-12 -19- Sec. 36-4039. Compliance with the comprehensive plan. *** Secs. 36-410--36-70. Reserved. *** Sec. 36-115. Land use by zoning district. *** (d) Land uses permitted as a conditional use. Land uses listed as "permitted as a conditional use" are permitted subject to all the requirements applicable to uses permitted by right plus all general conditional use and any additional requirements applicable to that particular land use contained in divisions 3 through 6 of this article and those general conditions contained under section 36-336). Each conditional use application shall be considered a unique situation and shall not be construed as precedents for similar requests. Further conditions may be imposed on any conditional use by the planning commission or city council in response to special conditions of the use or site. *** Sec. 36-151. POS park and open space district. *** (d) Uses permitted by conditional use permit. No structure or land in any POS district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all general conditions provided in section 36-3365 and with the specific conditions imposed in this subsection. *** Sec. 36-163. R-1 single-family residence district. *** (d) Uses permitted by conditional use permit. No structure or land in any R-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-3365 and with the specific conditions imposed in this subsection. *** Sec. 36-164. R-2 single-family residence district. *** (d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36 3365(b) regarding Ordinance No. 2419-12 -20- conditional use permits, and with the specific conditions imposed in this subsection ch *** Sec. 36-165. R-3 two-family residence district. *** (d) Uses permitted by conditional use permit No structure or land in any R-3 district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, all the general conditions provided in section 36-3366 regarding conditional use permits, and the specific conditions imposed in this subsection *** Sec. 36-166. R-4 multiple -family residence district. *** (d) Uses permitted by conditional use permit. No structure or land in any R-4 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-3365 regarding conditional use permits, and with the specific conditions imposed in this subsection (). *** Sec. 36-167. R -C high-density multiple -family residence district. *** (d) Uses permitted by conditional use permit No structure or land in any R -C district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, the general conditions of section 36-3367 regarding conditional use permits, and with the specific conditions imposed in this subsection as follows: *** Sec. 36-223.0 office district. *** (d) Uses permitted by conditional use permit. No structure or land in an 0 district shall be used for the following uses except by conditional use permit. These uses shall comply with the office restrictions and performance standards of section 36-222 and all those general conditions provided in section 36-3367 regarding conditional use permits, and with the specific conditions imposed in this subsection (d). *** Sec. 36-243. I -P industrial park district. *** (d) Uses permitted by conditional use permit No structure or land in an I -P district shall be used for the following uses except by conditional use permit. These uses shall comply with the Ordinance No. 2419-12 -21- industrial restrictions and performance standards of section 36-242 and all of the general conditions provided in section 36-3367 regarding conditional use permits, and with the specific conditions imposed in this subsection (. *** Sec. 36-244. I -G general industrial district. *** (d) Uses permitted by conditional use permit. No structure or land in an I -G distract shall be used for the following uses except by conditional use permit. Those uses shall comply with the requirements of all the general conditions provided in section 36-242 and section 36-3365 regarding conditional use permits, and with the specific conditions imposed in this subsection (-4). *** Sec. 36-365. tee. Ordinance No. 2419-12 -22- plan. Sec. 3. The contents of Planning Case File 12-20-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Public Hearing July 18, 2012 First Reading August 6, 2012 Second Reading August 20, 2012 Date of Publication August 30, 2012 Date Ordinance takes effect September 14, 2012 Revie • '1, Administration i 1 yr//ate City an.,,:. 1 Attest: Adopted by the City Council August 20, 2012 Mayo Approved as to Form and Execution: ity Attorney A .1 RECEIVED .+r SEP 4 2012 OFFICE OF THE CITY CLERK www.MinnLocal.com • el MEDIA AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 30 day of August 2012, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2012, and printed IDbelow is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice nopqrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2419-12 AN ORDINANCE CONSOLIDATING CONDITIONAL USE PERMIT REGULATIONS IN ZONING ORDINANCE Sections 3, 33, 34, 35, 36, 37, 38, 39, 40, 41, 115,151,163,164,165,166,167,223, 243,244,365 This ordinance states that all Condi- tional Use Permit and Variance re- quirements will be consolidated into a single section of the Zoning Ordinance This ordinance shall take effect 15 days after publication Adopted by the City Council August 20, 2012 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk Published in St Louis Park Sailor Au- gust 30, 2012 (Aug 30, 2012) A3-Ord2419-12 BY CFO Subscribed and sworn to or affirmed before me on this 30 day of August , 2012 i Notary Public r--.7DIANE L ELIASON NOTARY PUBLIC -MINNESOTA �� My Comm Exp Jan 31, 2015