Description: The way in which many land uses operate has a direct effect on the nature of the use and potential effects on nearby properties, including existing and anticipated land uses.  This division describes the requirements and procedures for reviewing those land uses that must submit a plan of operation for review and approval. Those land uses designated as requiring plan of operation review in the land-use matrix (Exhibit 8-1) must comply with the requirements in this division.

Initiation: The owner of the subject property may submit an application for a plan of operation.

Decision-maker(s): Zoning administrator, Plan Commission on appeal

Application fee: none

Submittal deadline: 2 weeks before the Plan Commission meeting

Basis of decision: 

1. The nature of the land use with regard to the number of employees, nature and extent of truck shipments to and from the site, hours of operation, use of hazardous substances, and other operational characteristics;
2. The nature and extent of anticipated positive and negative effects on properties in the area;
3. Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed land use; and
4. Any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

Procedure
   (a) Initial review

1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
2. Staff review. Within 30 days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
3. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
4. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
5. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
6. Decision. The Plan Commission shall (1) approve the plan of operation, (2) approve the plan of operation with conditions, or (3) deny the plan of operation. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the initial meeting unless the applicant agrees to an extension of a specified duration.
7. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall prepare a decision notice consistent with this division.
8. Applicant notification. Within a reasonable time following the Plan Commission’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
9. Acceptance by property owner. If the application is approved, the property owner and the operator, if different, shall sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner or operator, if different, may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
10. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

  (b) Common Council review on appeal

1. Submittal of application materials. The zoning administrator shall forward the application and other required materials the applicant initially submitted along with the decision notice approved by the Plan Commission to the Common Council.
2. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
3. Meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
4. Decision. The Common Council shall (1) approve the plan of operation, (2) approve the plan of operation with conditions, or (3) deny the plan of operation. The Common Council may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the date of the initial meeting unless the applicant agrees to an extension of a specified duration.
5. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall within 15 days of such decision prepare a decision notice consistent with this division.
6. Applicant notification. Within a reasonable time following the Common Council’s decision, the administrator shall mail the decision notice to the applicant by regular mail.
7. Acceptance by property owner. If the application is approved, the property owner and the operator, if different, shall sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner  or the operator, if different, may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
8. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

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