HomeMy WebLinkAboutNo 900 Amending the Conditional Use Permit and Planned Unit Development Requirements
ORDINANCE NO. 900
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND
PLANNED UNIT DEVELOPMENT REQUIREMENTS
The Maplewood City Council approves the following additions to the
Maplewood Code of Ordinances.
Section 1. This section revises Article V of the Maplewood Code of
Ordinances dealing with conditional use permits and planned unit
developments.
ARTICLE V. CONDITIONAL USE PERMITS
Sec. 44-1091. Purpose.
The purpose of a conditional use permit is to provide the city with some
discretion, based on specific standards, in determining the suitability of conditional uses.
The city is not obligated to approve such uses.
(Code 1982, ss 36-436)
Sec. 44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any
zoning district in which they are not specifically prohibited:
(1) Public and private utilities, public service or public building uses.
(2) Mining. Refer to the requirements under article IV of this chapter.
(3) Library; community center; state-licensed day care or residential program unless
exempted by state law; church; hospital and a helistop as an accessory use to a
hospital; any institution of any educational, philanthropic or charitable nature;
cemetery, crematory or mausoleum.
(4) An off-street parking lot as a principal use in other than a commercial or industrial
district.
(5) Part of an apartment building for commercial use, intended for the building’s
residents, such as drugstore, beauty parlor, barbershop, medical office or similar
use.
(6) Planned unit developments (PUD).
(7) Construction of an outlot.
(Code 1982, ss 36-437)
Sec. 44-1093. Planned unit developments.
(a) A planned unit development (PUD) may not be divided unless the density
distribution approved in the PUD is ensured.
(b) The city council may consider flexibility from strict code compliance in the internal
and external design requirements of a proposed PUD and may consider
deviations from those requirements. Deviations may be granted for planned unit
developments provided that:
1. The proposed development and the surrounding neighborhood can be better
served by relaxing the code requirements that regulate the physical
development or layout of the project because of its unique nature.
2. The PUD would be consistent with the spirit, intent and purposes of this
chapter.
3. The planned unit development would produce a development of equal or
superior quality to that which would result from strict adherence to this
chapter.
4. The deviations would not constitute a significant threat to the property values,
safety, health or general welfare of the owners or occupants of nearby land or
to the environment.
5. The deviations are required for the reasonable and practical physical
development of the project.
(c) The development shall conform to the plans and specifications as filed with the
city. Any substantive changes in the plans and specifications shall require a
recommendation by the planning commission and approval by the city council
after a public hearing.
(d) Common open space. The developer shall provide deed restrictions, covenants,
easements, public dedication or other equally effective and permanent means to
preserve and maintain any common open space. The instruments must include
all the following protection:
1. Except for routine maintenance, the city must approve the alteration of any
vegetation or topography that is visible from a public water.
2. Prohibit the exterior storage of vehicles or other materials. Storage shall not
include routine vehicle parking or the temporary storage of materials for an
ongoing construction project.
3. If on a public water, prohibit the uncontrolled beaching of watercraft.
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(e) Owners’ association. All planned unit developments with common open space
must have an owners’ association with the following features:
1. Each lot owner must be a member.
2. Each member must pay a pro rata share of the association’s expenses, and
unpaid association assessments can become liens on units or sites.
3. Association assessments must be adjustable to adapt to changing conditions.
4. The association must be responsible for insurance, taxes and maintenance of
all commonly owned property and facilities.
(f) The city shall designate PUDs on the official city zoning map.
(Code 1982, ss 36-438)
Sec. 44-1094. Outlots.
(a) No building permit shall be issued for construction upon an outlot, except by
conditional use permit.
(b) The city council shall not grant a conditional use permit for building upon any
outlot, unless the outlot meets the following conditions:
1. It meets the minimum size and frontage requirements provided for in this
chapter.
2. It has the requisite public improvements.
3. The permitted density under this Code has not been transferred to another
parcel and is, therefore, sufficient to accommodate the proposed
construction.
4. The outlot is not used for permanent common open space.
5. The proposed construction can overcome or accommodate the topographical
problems and peculiar site characteristics.
(Code 1982, ss 36-439)
Sec. 44-1095. Application.
(a) An application for a conditional use permit may be made by any person having a
legal interest in the property described in the application. All applications shall be
submitted to the director of community development upon the form supplied by
the city. The director shall not accept an application that is not complete.
Specific requirements shall be as stated on this form, but shall include at least
the following information, if applicable:
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(1) All information required on the community design review board application.
(2) Written justification for any PUD deviations.
(3) An abstractor’s certificate showing property owners’ names and addresses
within 500 feet of the boundaries of the property for which the permit is
requested.
(4) Any other information required by the director of community development, the
city council or the council’s advisory bodies.
(b) The applicant shall also, at the time of filing such application, pay a fee to the
director of community development to defray administrative expenses incurred by
the city in the handling of the application, which fee shall be established by the
city council, by ordinance, from time to time.
(Code 1982, ss 36-440)
Sec. 44-1096. Procedure.
(a) After an application for a conditional use permit has been submitted, the
director of community development shall prepare a report and recommendation
and submit it to the planning commission, community design review board and
any other commission as appropriate, for a recommendation to the city council.
The staff report and the recommendations by all applicable advisory boards or
commissions shall then be forwarded to the city council. The city council shall
take action on the application within 60 days unless an extension is approved
in accordance with state statute.
(b) The director of community development shall have a notice of the hearing
published in the official newspaper at least ten days before the hearing. The
director shall also mail a notice to each of the owners of property within 500
feet of the property upon which such use has been requested at least ten days
before the date of the hearing. Such notice shall include the date, time and
place of the hearing and shall describe the conditional use request. Failure of
property owners to receive notice shall not invalidate any of the proceedings in
this section. The planning commission shall hold at least one public hearing
on each application for a conditional use permit. The city council shall take
final action after considering the recommendations or reports from the city
staff, planning commission, community design review board and other
applicable commissions.
(c) The council may refer the application back to the planning commission when
the council finds that specific questions or information that may affect the final
decision was not considered by the planning commission. This procedure shall
only be used once for each application.
(d) The city council may approve, amend or deny an application for a conditional
use permit by a majority vote.
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(e) All decisions by the city council shall be final, except that any person aggrieved
by a decision, may within 30 days of the decision, appeal to the county district
court. (Code 1982, ss 36-441)
Sec. 44-1097. Standards.
(a) A conditional use permit may be approved, or amended by satisfying all of the
following standards for approval, in addition to any standards or findings
for a
specific conditional use found elsewhere in the Maplewood Code of Ordinances:
(1) The use would be located, designed, maintained, constructed and operated
to be in conformity with the city’s comprehensive plan and this Code.
(2) The use would not change the existing or planned character of the
surrounding area.
(3) The use would not depreciate property values.
(4) The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage water runoff, vibration, general unsightliness, electrical interference
or other nuisances.
(5) The use would not exceed the design standards of any affected street.
(6) The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
(7) The use would not create excessive additional costs for public facilities or
services.
(8) The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
(9) The use would cause no more than minimal adverse environmental effects.
(b) The city council may waive any of the requirements in subsection (a) of this
section for a public building or utility structure, provided the council shall first
make a determination that the public interest would be best served by such
waiver.
(c) The applicant shall have the burden of proving that the use would meet all of the
standards required for approval of a conditional use permit. The city may require
the applicant provide, at his cost, any information, studies or expert testimony
necessary to establish whether these standards would be met or to establish
conditions for approval.
(Code 1982, § 36-442)
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Sec. 44-1098. Conditions.
(a) The city council, in granting a conditional use permit, may impose such
conditions and guarantees that it considers necessary and as supported by the
record of the proceedings to protect adjacent properties and the public interest
and to achieve the goals and objectives of the comprehensive plan.
(b) Conditions and guarantees may include but are not limited to the following:
(1) Controlling the number, area, bulk, height, illumination and location of such
uses.
(2) Regulating access to the property, with particular reference to vehicle and
pedestrian safety and convenience, traffic control and emergency vehicle
access.
(3) Regulating off-street parking and loading areas, including the number and
width of parking spaces.
(4) The location and design of utilities including drainage.
(5) Berming, fencing, screening and landscaping, including underground
sprinkling.
(6) Compatibility of appearance with surrounding land uses.
(7) Preservation of the site's natural, historic and scenic features in the
development design.
(8) Limiting the number, size, location or lighting of signage, notwithstanding
article III of this chapter which pertains to signs.
(9) The location, dimensions and upkeep of open space.
(10) Increasing required lot size, yard dimensions or setback requirements.
(11) Compliance with any plans presented.
(12) A time limit for review of the permit.
(13) A written agreement, cash escrow, letter of credit or other guarantee to
ensure that the project will be built as approved.
(14) Restrictive covenants.
(15) Control of the interior and exterior components of a building, provided that
such condition does not conflict with the building code. Such components
may include but not be limited to the finished exterior materials and
installation of elevators.
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(16) Control of potential noise generators.
(Code 1982, § 36-443)
Sec. 44-1099. Start of construction or use.
The proposed construction must be substantially started or the proposed use utilized
within one year of council approval or the conditional use permit shall become null and
void. The council may grant up to one one-year extension of the permit if just cause is
shown. This requirement shall not apply to PUDs with an approved phasing plan. Such
extension shall be requested in writing and filed with the director of community
development at least 30 days before the expiration of the original conditional use permit.
There shall be no charge for filing such petition. The request for extension shall state
facts showing a good faith attempt to complete or utilize the use permitted in the
conditional use permit.
(Code 1982, § 36-444)
Sec. 44-1100. Duration.
(a) All conditional use permits shall be reviewed by the council within one year of the
date of initial approval, unless such review is waived by council decision. At the
one-year review, the council may specify an indefinite term or specific term, not
to exceed five years, for subsequent reviews. The council may impose new or
additional conditions upon the permit at the time of the initial or subsequent
reviews.
(b) A conditional use permit shall remain in effect as long as the conditions agreed
upon are observed, but nothing in this section shall prevent the city from enacting
or amending official controls to change the status of conditional uses. Any
conditional use that meets the agreed upon conditions and is later allowed
because of the city enacting or amending official controls shall be considered a
legal nonconforming use.
(Code 1982, § 36-445)
Sec. 44-1101. Termination, suspension or revision.
(a) The council may suspend or terminate the permit if the approved conditions have
been violated or the use is no longer in effect. Where the construction of a
building or structure of a monetary value in excess of $100,000.00 has been
permitted, the council shall provide for a period of amortization of not less than
five years. Where public health, safety and welfare concerns are threatened, the
five-year amortization period is not required, and the council may determine the
amortization period, if any, to be allowed. The owner of the property upon which
the conditional use permit was issued shall be notified in writing at least ten days
before the meeting. If the proposed termination is based on a violation of
conditions, the property owners within 500 feet shall also be notified. The director
of community development may issue a stop order for work in progress until the
council hears the matter.
(b) The city council may review a permit at any time. If the council decides to
consider adding, dropping or changing conditions, the council shall follow the
procedures in section 44-1096 for approving a new permit. The council shall not
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change conditions unless the conditional use no longer meets one of the
standards in section 44-1097 for approving a new permit.
(Code 1982, § 36-446)
Sec. 44-1102. Reapplication.
Whenever an application for a conditional use permit has been denied by the city
council, a similar application affecting substantially the same property shall not be
considered again by the city for at least one year from the date of its denial, unless the
council directs such reconsideration by at least four votes.
(Code 1982, § 36-447)
Sec. 44-1103. Conditional uses to conform to terms and conditions attached to
issuance.
(a) Any use permitted under the terms of any conditional use permit shall be
established and conducted in conformity with the terms and conditions of the
permit.
(b) Any change involving structural alteration, enlargement, intensification of use, or
similar change not specifically permitted by the conditional use permit shall
require an amended permit, and all procedures shall apply as if a new permit
were being issued. All uses existing on the effective date of the ordinance from
which this article derives shall be considered as having a conditional use permit
which contains conditions that permit the land use and structures as they existed
on such date. Any enlargement, structural alteration, or intensification of use
shall require an amended conditional use permit as provided for in this
subsection.
(Code 1982, § 36-448)
Sec. 44-1104. Records.
The director of community development shall maintain a record of all conditional use
permits issued, including information on the use, location, conditions imposed by the
council, time limits, review dates and other information as may be appropriate.
(Code 1982, § 36-449)
Sec. 44-1105. Filing.
A certified copy of any resolution approving a conditional use permit shall be filed with
the county recorder or registrar of titles. The resolution shall not include the legal
description of the property. Failure to file does not affect the validity or enforceability of
the permit.
(Code 1982, § 36-450)
Secs. 44-1106—44-1130. Reserved.
Section 2. This section revises Section 44-6. Definitions.
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Basic structural alteration means any enlargement of a building or modification to the
framing of a building, whether by extending on any side or by increasing in height,
length, width or changes caused by the moving of a building from one location to
another.
Conditional use means a land use or development that would not be appropriate
generally, but may be allowed with appropriate conditions or restrictions as provided by
the official controls outlined in Article V, Conditional Use Permits.
Planned unit developments (PUD) means a type of development characterized by a
unified site design, with two or more principal uses or structures. A PUD may include
townhouses, apartments, multiple-use structures such as an apartment with commercial
shops, or similar projects. Residential PUDs must have at least five dwelling units or
dwelling sites. The PUD application, timing and recording process is described under
Article V, Conditional Use Permits.
Section 3. This ordinance shall take effect after the approval by the city council and
publishing in the official newspaper.
The Maplewood City Council approved this ordinance revision on April 12, 2010.
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