The purpose of this chapter is to establish a formal plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards as agreed to by the contractor through his officially submitted plan documents. (Ord. 1988-12, 12-19-1988)

In addition to other plan requirements outlined in this ordinance, site and construction plans that include the information requirements of section 400.4 of this ordinance will be required and shall be submitted to and approved by the building official prior to the issuance of any building permit. An application and fee, as established in section 3-1-3 of the city code, shall be required for all site and building plan reviews. (Ord. 2017-01, 1-3-2017)

   A.   Except for agricultural development in the A-1 and A-2 districts, single-family detached dwellings, two-family attached dwellings and minor projects, additions, or alterations as determined by the zoning administrator, all building and site plans for multiple-family, commercial or industrial construction shall be subject to review by the planning commission and approval by the council.

   B.   In all cases where developments are proposed for locations adjacent to I-94, a site plan for such proposed development shall be subject to review by the planning commission and approval by the council. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-1, 2-5-1996)

   A.   Qualification: Site plans may be classified as minor projects and may be administratively approved by the zoning administrator in lieu of planning commission review and city council approval only for sites which meet the following criteria, except as otherwise expressly provided by this ordinance:

      1.   Sites shall be in multiple-family, commercial, or industrial zoning districts, including those within planned unit developments.

      2.   All sites must be in conformance with the city's official comprehensive plan classification for the property.

      3.   All sites must be legal parcels of record at the time of application.

      4.   All applications for site plan approval must be complete and in full accordance with the requirements of this ordinance and all applicable fees shall be paid as established in section 3-1-3 of the Albertville City Code.

      5.   All development proposals and site plan layouts must meet or exceed the standards of all applicable codes, ordinances, and policies and must be free of any variances from those standards.

      6.   Only applications for uses explicitly classified as permitted uses within the respective zoning districts of this ordinance are eligible for administrative approval.

   B.   Procedure: Administrative approval of eligible site plans shall be subject to the following procedural requirements:

      1.   Plan review will be in accordance with established procedures including the coordinated review by city staff and/or consultants as determined by the zoning administrator.

      2.   Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in chapters 2700 and 4800 of this ordinance.

      3.   Any variance, conditional use permit, or other special permits requiring public hearings will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of this chapter.

      4.   Administrative approval, including all applicable conditions and requirements, shall be made in writing by the zoning administrator, and the applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.

      5.   Any unresolved dispute as to administrative interpretation of city code, ordinance, or policy requirements may be formally appealed pursuant to chapter 600 of this ordinance. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-1, 2-5-1996; Ord. 2019-13, passed 12-16-2019)

   A.   Qualifications: Any project not classified or qualified as a minor project shall be classified as a major project.

   B.   Procedures: Pursuant to Minnesota statutes section 15.99, an application for site plan approval shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision making period an additional sixty (60) days unless this limitation is waived by the applicant. Additional city requirements are as follows:

      1.   Request for site plan approval, as provided within this ordinance, shall be filed with the zoning administrator on an official application form, to be accompanied by a fee established by section 3-1-3 of the city code. Such application shall also be accompanied by detailed written and graphic materials as outlined in the site and building plan review checklist provided by the city and must fully explain the proposed change, development or use.

      2.   The zoning administrator shall instruct the appropriate staff persons or consultants to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the planning commission and the city council. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-1, 2-5-1996; 2005 Code)

   A.   Minor Changes: Proposed minor structural additions involving ten percent (10%) or less of the total existing floor area and proposed minor site expansions or modifications involving ten percent (10%) or less of the total existing site area which meet all ordinance requirements may be approved by the zoning administrator prior to a building permit being issued and shall not require planning commission or city council review, subject to the following:

      1.   This chapter shall apply in the cases of new developments which have received city council approval, but for which building permits have yet to be taken; and to existing developments on file which have city council approved site plans.

      2.   Compliance with all ordinance requirements shall be construed to include all adopted policies and codes.

      3.   Any variances from ordinance and policy requirements shall be subject to the established review and hearing procedures for plan and variance approval.

      4.   Plans submitted for minor structural additions or minor site alterations under the terms of this chapter shall be the same as those required for site plan approval.

      5.   A copy of the plans approved under this chapter shall be appropriately certified by the zoning administrator and placed on file with the city council approved plans.

   B.   Major Changes:

      1.   Plans not qualifying as minor shall be classified as major.

      2.   An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-1, 2-5-1996)

All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard or specifications without prior submission of a plan modification request to the building official for his review and approval. (Ord. 1988-12, 12-19-1988)

Unless otherwise specified by the zoning administrator or city council, as may be applicable, the site plan approval shall become null and void one year after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this chapter. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-1, 2-5-1996)

The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes 1 shall be in addition to the site plan review process established under this chapter. The site plan approval process does not imply compliance with the requirements of these building and fire codes. (Ord. 1988-12, 12-19-1988; amd. Ord. 1996-1, 2-5-1996)

The zoning administrator or building official shall have the authority to order the stopping of any and all site improvement activities when and where a violation of the provisions of this chapter has been officially documented by the building official. (Ord. 1988-12, 12-19-1988)

AL849   Zoning Ordinance - Appendix A   App A-1600