1070.010: - ZONING AMENDMENTS (TEXT AND MAP) — Corcoran Zoning Code

Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning Map shall be approved or denied, pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows:

A. Request for rezoning (text or map) shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council.
C.

Notice of said hearing shall be mailed to all owners of land within 350 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357.

D. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Chapter.
E. Notice of said hearing shall also be published in the official newspaper at least 10 days prior to the hearing and consist of:
1. Legal property description.
2. Description of request.
3. Map detailing property location.
F. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.
G. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.
H. The Planning Commission shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City staff.
I. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission and the City staff.
J. Upon receiving said reports and recommendations of the Planning Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary.
L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request.
M. For any application that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, approval shall require passage by a twothirds vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full Council.

For any application requesting a rezoning to a Planned Unit Development District, approval shall require passage by a four-fifths vote of the seated City Council present at the time of the vote. Approval of a proposed amendment shall require passage by a majority vote of the entire Council. A vote that fails due to failure of requisite votes is deemed a denial.

O. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment.
P. Whenever an application for an amendment has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the full City Council.

Subd. 2. Evaluation Criteria. The Planning Commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not limited to) the following factors:

A. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the City Comprehensive Plan, including public facilities and capital improvement plans.
B. The proposed action meets the purpose and intent of this Ordinance or, in the case of a map amendment, it meets the purpose and intent of the individual district.
C. There is adequate infrastructure available to serve the proposed action.

D. There is an adequate buffer or transition provided between potentially incompatible districts. Subd. 3. Initiation. Any person owning real estate within the City may initiate a request to amend the district boundaries or text of this Chapter so as to affect the said real estate. The City Council or Planning Commission may, upon their own, initiate a request to amend the text or the district boundaries of this Chapter.

Subd. 4. Certification of Taxes Paid. Prior to approving an application for rezoning, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the rezoning application relates.

(Ord. 486, passed 05-25-23)

1070.020: - CONDITIONAL USE PERMITS

Subd. 1. Purpose. The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.

Subd. 2. Procedure. An application for a conditional use permit shall be approved or denied pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows:

A. Request for conditional use permits, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.
B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council.
C. Notice of said hearing shall be published in the official newspaper at least 10 days prior to the hearing.
D. Notice of said hearing shall also be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question, informing them of the receipt of the application and the anticipated schedule for consideration.
E. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.
F. The applicant or their representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.
G. The Planning Commission shall make findings of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff.
H. The City Council shall not consider a conditional use permit until they have received a report and recommendation from the Planning Commission and the City staff.
I. Upon receiving said reports and recommendations of the Planning

Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition they consider necessary to protect the public health, safety and welfare.
L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request.
M. Approval of a request shall require passage by a majority vote of the full Council.
N. Whenever an application for a conditional use permit has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for a conditional use permit affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full City Council.

Subd. 3. Evaluation Criteria. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors:

A. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans.
B. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.
C. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
D. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
E. Adequate public facilities and services are available or can be reasonably provided to accommodate the proposed use.
F. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
G. The conditional use and site conforms to performance standards as specified by this Chapter.

Subd. 4. Information Requirement.

A. The information required for all conditional use permit applications shall be as specified in Section 1070.050, Subd. 6.
B. In addition, the City Council, Planning Commission, and City staff shall all have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant. Said information is to be declared necessary to determine performance and may include but is not limited to:
1. Scope of operation of the proposed use, including methods and materials utilized in operation.
2. Traffic Generation Data.

Statement of the economic impact of the proposed use on the surrounding area.
1. Statement of the environmental impact of the proposed use on the surrounding area.

Subd. 5. Revocation.

A. Justification.

The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with:

The conditions of the permit.
The intent of this Chapter.
City Codes.
Other applicable regulations.

B. Process.

The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to Subd. 2. of this Section. The Zoning

Administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the Planning Commission and City Council.

Subd. 6. Amendments.

A. Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this Section.
B. No changes in the circumstances or scope of the permitted use shall be undertaken without approval of those changes by the City Council.
- C. Significant Changes. Following the procedures for hearing and review set forth in this Section the Planning Commission may make a recommendation and the City Council shall take action on significant changes and modifications to conditional use permits, including the application of additional or revised conditions. The Zoning Administrator shall determine what constitutes significant change. Significant changes include, but are not limited to:
  1. Hours of operation.
  2. Number of employees.
  3. Expansion of structures and/or premises.
  4. Operational modifications resulting in increased external activities and traffic.
- D. Minor Changes. Minor changes to the conditional use permit, which do not include significant changes, shall require City Council action only.
(Ord. 275, passed 02-28-13)

Subd. 7. Expiration.

A. Unless otherwise specified by the Zoning Administrator or City Council at time of approval, permit approval shall expire within one year of the date of approval unless the applicant commences the authorized use. Prior to the expiration, the applicant may apply for a time extension of up to one year.
B. The request for extension shall be submitted to the Zoning Administrator not less than 30 days before the expiration of said approval and shall include the renewal fee as set forth in the City Code and state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
C. In making its determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator or the City Council, as applicable, shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

Subd. 8. Performance Agreement and Financial Guarantee. Following the approval of a

conditional use permit and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the City the completion of all private

exterior amenities as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a performance agreement and financial guarantee as specified in Section 1070.050, Subd. 9.

Subd. 9. Certification of Taxes Paid. Prior to approving an application for a conditional use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the conditional use permit application relates.