Ordinance No. 131 Consolidated Land Use Ordinance

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applicant to attempt to resolve the deficiency, and re -submit any revised or clarified proposal to the consulting professional who identified the problem for review. If the consultant agrees that the deficiency is corrected, the Administrator may issue the permit. 5. For applications on a City Council approval track, the Zoning Administrator shall also attempt to resolve any deficiencies noted in consultant review with the applicant prior to the final Council action on the proposal. The Planning Commission and City Council may choose to act on the proposal within their reasonably used discretion, even if the matter is not resolved prior to final action. 6. All applicants seeking a Zoning Compliance Permit must submit a development plan with their application. Conditional Uses. All elements of a development plan which require conditional use permit approval may be combined into a single conditional use permit application for the proposal, with a single applicable CUP fee for review and processing in addition to other required application fees. Portions of proposed buildings which may be used for permitted or conditional uses need not apply for conditional use approval as part of the development application, unless the tenant, occupant or owner of the space is known at the time of application and will need a conditional use permit. All applications for conditional use permit approval shall otherwise be processed in the same manner as other applications for conditional use permit approval, using the procedures and criteria stated in Section 17.5 of this Ordinance. 8. Any variances requested in connection with a Gateway District development proposal shall be processed in the same manner as variances from other Sections of this Ordinance, using the procedures and criteria stated in Section 17.4 of this Ordinance. 9. Any applicant aggrieved by a decision, mandate or other action of the Zoning Administrator may appeal the matter in the manner provided by Section 17.7 of this Ordinance. 3. Existing Uses and Structures at Adoption of Chapter. The standards generally applicable under Section 16.3 of this Ordinance shall apply to existing structures and uses located within the Gateway District upon the adoption of this Section, or existing on land later added to the Gateway District by re -mapping on the date a new zoning map becomes effective. An applicant seeking a building permit to materially alter or expand a legally nonconforming structure within the Gateway District shall submit a partial development plan, containing information as requested by the Zoning Administrator to allow review of the alteration or expansion's compliance with Design Review requirements set forth at 9.8 and the Connectivity Requirements set forth at 9.5.3. 4. Incentives. The City Council may establish incentives which apply to encourage certain types of land use or preservation activity within the Gateway District. The Council may set the incentives by adopting a separate ordinance which identifies clearly the item or items the Council seeks to encourage, the allowance or allowances which the Council is willing to offer applicants, and sufficient criteria to allow the Zoning Administrator and City consultants to evaluate and score applications seeking to apply the incentives and allowances. The following text is an example only: The City of Gem Lake seeks to improve transit options within the City. Proposals which incorporating public transit options into an overall development plan will receive enhanced civic space credit for the space dedicated to the public transit option. Space bonuses will apply as follows: Bus waiting area, uncovered: 2% bonus Bus waiting area, covered: 4% Bus waiting area, integrated w/ building: 8% Bus Rapid Transit access: 10% Rail access or access to station: 10% Rail transit station: 30% Intermodal transit center: 50% Proposed spaces must meet the criteria for public transit facilities established by the Metropolitan Council in order to qualms for space bonuses. The City Council shall approve all requests for transit incentive bonuses. The Zoning Administrator shall consult with the City Engineer to review and make recommendations on the request for incentive treatment within an application. The ability to alter or change incentives may not be used to allow a variance from the standards of this Section or this Ordinance overall. An ordinance establishing or modifying available incentives shall not take effect until 45 Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 23