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3. Issues <br /> • <br /> a. PUD zoning is legislative decision—broad discretion. PUD <br /> approval by CUP—less discretion. Important to address <br /> critical issues at time of rezoning into PUD Zone (i.e. uses, <br /> densities, etc.) <br /> E. Overlay Zoning District <br /> 1. State Mandated <br /> a. Flood plain <br /> b. Shoreland <br /> c. Wild and scenic view <br /> 2. Elk River <br /> a. Solid waste facility <br /> b. Mineral excavation <br /> c. Heritage preservation site <br /> d. Antenna tower <br /> 3. Purposes <br /> a. Comply with state law. <br /> b. Provide for maximum regulation of certain uses <br /> i. Legislative act <br /> 110 <br /> ii. supermajority vote <br /> c. Regulate "interim"uses while maintaining underlying <br /> "permanent"land use and zoning designation. <br /> d. Provide a means for certain unique uses to be located <br /> anywhere, subject to City Council discretion, without <br /> restrictive existing or other uses of the land. <br /> F. Permitted Uses/Site Plan Reviews <br /> 1. A permitted use is a use that may be lawfully established if it <br /> conforms to the specified regulatory standards. <br /> 2. The City's review of a permitted use is limited to determining <br /> whether the proposed use complies with the applicable standards. <br /> 3. Site plan review of a permitted use cannot be denied for reasons <br /> related to the use—only if the site plan does not comply with <br /> standards. <br /> a. Cannot be denied because inconsistent with existing land <br /> uses in the area. <br /> b. Cannot be denied because inconsistent with general <br /> statements of purpose in the zoning ordinance. <br /> • <br /> 6 <br />