Zoning Code Update - Administration, Applications, and Procedures

Tonight's discussion centers on the administrative and application parts of the Zoning Code. 

The first part (100s) includes general legalese such as: Authority, Purpose, Coordination, and Definitions.  We will highlight some of the proposed definitions of terms staff felt were missing from the current Code or shown on the use tables.  We will not be scouring Code tonight for terms the Commissioners feel would be beneficial to have defined.  Many of the definitions listed (so far) came from the Mississippi River Corridor Critical Area Overlay that was implemented a few years ago.  

The second part (200s) includes the applications and procedures for the various land use applications addressed in the Zoning Code: variances, conditional use permits, site plan reviews, etc.  An application consists of the application form, payment and the financial guaranty, and the plans.  This section also describes each of the application types and how they are processed or reviewed.  

The Variance and Conditional Use Permit procedures have both been updated to include current language from State Statutes.  Within the CUP language, an additional provision was created to allow for revocation in the event of actions that warrant quick action by City Staff and the City Council.  Additionally, small (up to 10 percent footprint) expansions or modifications of a building or site improvements of conditional uses can be handled administratively.  A provision is included noting that if a conditional use is turned into a permitted use by way of a change in the Zoning Code or district, the conditions set forth for site improvements remain in effect.  

The greatest change proposed is with Site Plan Reviews.  First, it is noted that if a new-construction project needs a CUP, that will suffice as a Site Plan Review.  This will eliminate redundancy for prospective businesses and other uses that fall into a conditional category.  Second, some projects are proposed to no longer need to go through the formal Site Plan Review process through the Planning Commission and City Council.  These uses would be any permitted business use not adjacent to a residential use or accessory uses in the PI, P, CL, PUD, or COR district.  This will help speed up projects that typically do not have any public interest.  Instead, they will be reviewed by staff at the time of building permit.  If the project needs a plat or variance, those aspects of the application will still go through the typical process. 





 

This work is being done as part of staff's normal duties.  

Please provide direction, additions, modifications, or deletions to staff to incorporate.