FINAL ORDINANCE NO. 08-085 - Laserfiche WebLink

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E. Hearing Requirements. The Planning Commission shall hold a public hearing on each complete application for a Zoning Amendment as provided in §154. 102 of this Article. After the close of such hearing, the Planning Commission shall consider findings and shall submit the same together with its recommendation to the City Council. F. Effect of Denial of Application. No application of a property owner for an amendment to the text of this chapter or the zoning map shall be considered by the Planning Commission within the one year period following a denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it. G. Relationship to Comprehensive Plan. Any rezoning shall be consistent with the current City of Lake Elmo Comprehensive Land Use Plan. If the rezoning is not consistent with the current Comprehensive Plan, an amendment to the Comprehensive Plan must be requested and approved prior to or concurrent with the rezoning request. H. Coordination with Adjoining Communities. Any zoning district change on land adjacent to or across a public right-of-way from an adjoining community shall be referred to the Planning Commission and the adjacent community or county for review and comment prior to action by the City Council granting or denying the zoning district classification change. A period of at least ten (10) days shall be provided for receipt of comments. Such comments shalt be considered as advisory only. § 154.106 Conditional Use Permits A. Required Findings. Conditional use means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls only upon a finding that all of the following provisions are met: 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. 5. If the proposed use is in a flood plain management or shoretand area, the proposed use meets all the specific standards for such use listed in Chapter 1 50, 9150,250 through 150.257 `Shore(and RegWations) and Chapter 152 (.Flood Main Maregement). 6. The proposed use wilt be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of.the general vicinity and will not change the essential character of that area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and wilt not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that wilt be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares.