The purpose of this subchapter is to establish procedural requirements for processes enabled or required by this chapter, including amendments to the regulations of this chapter, zoning map amendments, site plans, conditional use permits, interim use permits, administrative permits, alternative compliance, variances, interpretations, appeals, and violations and penalties. This chapter also addresses development contracts, financial guarantees, and cash escrows related to development projects and applications.

(Ord. 2024-1304, passed 7-29-24)

   (A)   The following applications require a public hearing:

      (1)   Conditional use permits, amendments, and revocations;

      (2)   Interim use permits;

      (3)   Site plans, except those eligible for administrative review per § 152.303;

      (4)   Variances;

      (5)   Zoning map or text amendments (rezonings); and

      (6)   Concept, development, and regulating plans.

   (B)   Notification. All applications requiring a public hearing must be advertised in the following manner:

      (1)   Notice of the time, place, and purpose hearing must be published in the newspaper in general circulation in the municipality at least ten days before the day of the hearing; and

      (2)   A similar notice must be mailed at least ten days before the day of the hearing to each owner of affected property and property situated completely or partly within 350 feet of the subject property.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Applications. The City Manager determines if the required information is complete. If the information is determined to be incomplete, such that a thorough review of the application is not possible, the item may not be placed on the Planning Commission or City Council agenda for consideration until the required information is submitted. The applicant will be notified within ten days following the receipt of the application describing the information that is missing.

   (B)   Application requirements. All applications for development proposals requiring a public hearing must be advertised to allow informed participation by all interested parties and conform with the applicable state statute. The City Manager may maintain copies of the city policy concerning notification.

   (C)   Planning Commission and City Council action.

      (1)   The Planning Commission may recommend such actions or conditions relating to the application as it deems necessary to carry out the intent and purpose of this chapter and the Comprehensive Plan.

      (2)   The City Council may adopt, modify or reject any recommendation of the Planning Commission.

      (3)   At any time before final action is taken on an application, the applicant may request a continuance of action by the Planning Commission and City Council, or withdraw the application by submitting a letter to the City Manager stating the applicant's desire to do so. Any portion of fees spent in the processing of the application may be retained by the city. The City Manager may establish a time limit on any continuation.

   (D)   Appeals. This division is established to allow those aggrieved by the decision of the City Manager to attempt to remedy the grievance by appealing the decision to the City Council. Any unresolved dispute as to an administrative interpretation of city code, ordinance, or policy requirements may be appealed to the Planning Commission in its role as the Board of Adjustments and Appeals subject to §§ 31.15 through 31.19 of the city code. The appeal must be submitted in writing to the City Manager on or before the next application filing deadline for a Planning Commission meeting.

   (E)   Re-submitting denied applications. No application which has been denied wholly or in part may be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the City Manager.

   (F)   Expiration of action. Unless otherwise specified in this chapter, or as approved by the City Council, the approved applications for projects become null and void by December 31 of the year following the date of its approval, unless the property owner or applicant has begun construction of any building, structure, addition or alteration, or use as evidenced by the issuance of a building permit or grading permit in compliance with the approved plan. The property owner or applicant has the right to submit an application for a time extension in accordance with this chapter.

   (G)   Request for time extensions.

      (1)   A request for a time extension may be considered by the City Manager. Time extensions must be submitted to the City Manager prior to the expiration of a final action by the City Council. If an action has officially expired, no time extension may be granted. If the time extension request is delayed in the review process and, through no fault of the applicant, cannot be reviewed by the City Manager as anticipated, the request may proceed through the process to final resolution without jeopardy. The applicant may request a maximum of one time extension. Time extensions are valid for a maximum of one year from the original expiration date.

      (2)   The request may be reviewed with consideration of the following:

         (a)   The Comprehensive Plan or any other city plan;

         (b)   City policy changes;

         (c)   Transportation conditions;

         (d)   Applicable changes to any city, county, state or federal statutes, rules, requirements, or ordinances;

         (e)   Park dedication fees and other financial guarantees may be redetermined as required by city code to the date of approval of the extension; and

         (f)   Any negative escrow accounts from previous reviews must be paid and the escrow account must be updated to current minimum requirements prior to the City Manager's consideration of the extension.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. This section establishes site plan review procedures and provides regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter. These procedures are established to promote high quality development and enhance the built and natural environment within the city as new development and redevelopment activities occur.

   (B)   Applicability. Site plan approval is required for the following development:

      (1)   Construct a structure;

      (2)   Relocate a structure from one property to another in the city;

      (3)   Expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner that results in a different intensity of use, including the requirement for additional parking;

      (4)   Grade or take any action to prepare a site for development, except in conformance with the requirements for a grading permit, an approved neighborhood development plan or an approved conditional use permit; and

      (5)   Remove earth, soils, gravel, or other natural material from or place the same on a site, except in conformance with the requirements for a building or grading permit or an approved neighborhood development plan or an approved conditional use permit.

   (C)   Exemptions. The following are exempt from the site plan review process:

      (1)   Agricultural structures in the UR Urban Reserve District provided they comply with all other code provisions; and

      (2)   Accessory structures in residential zones under 200 square feet and 18 feet in height or the height of the principal structure, whichever is less, provided they comply with all other code provisions;

   (D)   Review authority. Except in cases of administrative site plan review per division (G) below, the Planning Commission and City Council shall have the review and approval authority to approve a site plan.

   (E)   Conditions. The City Council may impose conditions that affect the intent of this chapter to the approval of a site plan review.

   (F)   Modification to approved site plan. A modification to plans previously approved through the site plan review process that do not qualify for an administrative site plan review under division (G) below must follow the City Council approved site plan review procedure.

   (G)   Administrative site plan review. Sites plans shall be reviewed by the City Manager in lieu of City Council approval if they meet the following criteria, except as otherwise expressly provided in this chapter:

      (1)   Residential properties with one dwelling unit per parcel that comply with the approved plan; and

      (2)   Modifications or expansions of parking lots or driveways;

      (3)   Expansions of no more than 10% of the floor area of an existing building, and/or affect no more than 10% of the site.

      (4)   Sites, buildings and uses that are permitted in the zoning district and do not require variances from this chapter or any other city code, except for the following:

         (a)   Nonresidential uses in or adjacent to a residential district;

         (b)   Uses with drive-through service;

         (c)   Uses in the Public Institution District (PI); and

         (d)   Public and private elementary and secondary schools, including charter schools.

         (a)   Administrative site plan review may be combined with the established building permit process when applicable. The City Manager may impose conditions on the approval to implement the intent of this chapter.

         (b)   Administrative approval, including all applicable conditions and requirements, may be made either in writing separately or attached to the submitted plans. The applicant must fulfill all applicable conditions of the approval prior to the issuance of any permits.

   (H)   Term of approval.

      (1)   If application has not been made for final site plan review for all or part of the property within the development plan 365 days following the date of its approval, the development plan approval will lapse unless the applicant requests an extension of that approval. An extension may be valid for one year and may be approved by the City Council.

      (2)   If no construction has occurred on the property included within the development plan within 365 days following the date of final site plan approval, approval for the development plan will lapse unless an extension has been approved by the City Council. An extension may be valid for one year and may be approved by the City Council.

   (I)   Conformance to the approved site plan. All developments must remain in continual conformance with the approved site plan review until or unless amended in compliance with this chapter.

(Ord. 2024-1304, passed 7-29-24; Am. Ord. 2025-1310, passed 3-24-25)

   (A)   Purpose. This section is to establish procedures, and regulations for the adoption and enforcement of concept, regulating and development plans consistent with the requirements of this chapter. These procedures are established to promote high quality development to ensure the long-term stability of mixed uses and enhance the built and natural environment within the city as new development and redevelopment activities occur. The specific goals of these plans are:

      (1)   To ensure the application of quality design principles within new and redevelopment projects;

      (2)   To ensure the active participation and review of site plans by the affected public;

      (3)   To mitigate to the extent possible, the impact of one development upon another; and

      (4)   To ensure new developments contain elements of internal and external cohesiveness to promote good neighborhood atmosphere.

   (B)   Procedures. All requests for concept, regulating, or development plan approval must include the following items:

      (1)   Grading plan, including drainage and storm water management plans;

      (2)   Utility plan;

      (3)   Landscaping plan;

      (4)   Placement of buildings, parking lots, driveways, pedestrian connections, drainage areas, and amenities;

      (5)   Public rights-of-way;

      (6)   Illustrative architectural designs. This plan will show the general architectural style or parameters in which all buildings within the plan will follow;

      (7)   Sign plan. This plan will articulate the location of all monument and directional signage, as well as a calculation of the maximum signage on the proposed structures;

      (8)   Additional information as required by the zoning district in which the development will occur; and

      (9)   A narrative containing the following information:

         (a)   Anticipated mix of uses and approximate area/number of each use.

         (b)   Anticipated completion schedule.

   (C)   Environmental review may be necessary as required by Minn. Rules Chapter 44110. The environmental review and development plan review process may run concurrently with each other, provided that final approval of the plan does not precede the City Council's approval of the environmental review.

   (D)   In addition to the other application materials, the applicant provides a general plan of development, consisting, at a minimum, of the components specified in the district provisions and those required for a conditional use permit in compliance with § 152.305. The city has the right to approve, or refuse items in the application.

   (E)   Amendments and revocation must follow the procedures for site plan review and revocations as outlined in § 152.303.

   (F)   Duration. A concept, regulating or development plan is in effect for five years from the date of approval.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. Pursuant to M.S. § 462.3595, the purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.

   (B)   Applicability. Only the specific uses classified as "conditional" in the zoning district where the property is located may qualify for a conditional use permit.

   (C)   Review authority. The Planning Commission shall review and make recommendation to City Council. The City Council shall have the review and approval authority to grant conditional use permits.

   (D)   Review standards. The Planning Commission and City Council shall consider the following factors when making its determination on a conditional use permit application:

      (1)   Consistency with the Comprehensive Plan;

      (2)   Traffic generation, volume, and safety associated with the use and driveway location on adjacent roads, sidewalks, and trail connections;

      (3)   The characteristics of the parking area of the use, including the number and design of parking spaces, landscaping, traffic circulation, drainage, and lighting;

      (4)   The provision of adequate public infrastructure to the site where the use is proposed;

      (5)   The ability to screen and buffer incompatible off-site impacts of the proposed use on adjacent property and the surrounding neighborhood;

      (6)   The degree that the site or building associated with the proposed use meets or exceed the architectural design standards for the district in which it is located; and

      (7)   Compliance with any other applicable section of this chapter or the city code.

   (E)   Conditions. The Planning Commission may recommend, and the City Council may impose, reasonable conditions relating to this chapter. Such conditions must be related to the purpose of the chapter and be based on factual evidence. The city may, however, impose conditions that are additional to or above those standards contained in this chapter.

   (F)   Permit issuance. Conditional use permits shall be issued by resolution of the City Council and shall include the legal description of the property included.

   (G)   Recordation. A certified copy of all conditional use permits shall be recorded with the Hennepin County Recorder prior to issuance of a building permit.

   (H)   Construction. No building or grading permit can be issued except in compliance with the conditions of the conditional use permit.

   (I)   Duration. The conditional use permit remains with the property as long as the property and use comply with the conditions attached to the permit by the City Council.

   (J)   Certification. Upon request by the City Manager, the holder of a conditional use permit certifies that the use, building, and site are in conformance with the conditional use permit and city codes, in conjunction with § 152.204. The City Manager may maintain copies of the city policy concerning certification.

   (K)   Revocation.

      (1)   The city may revoke a conditional use permit if there is not substantial compliance with conditions. The revocation must be based upon factual evidence, after appropriate notice and public hearing per § 152.302.

      (2)   If the city finds that exigent circumstances exist requiring immediate permit revocation, the city may revoke the permit and provides a post revocation hearing before the City Council not more than 15 days after holder's receipt of written notice of the hearing. Following such hearing, the City Council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate.

      (3)   Any decision to impose a penalty or other discipline must be in writing and supported by substantial evidence contained in a written record.

   (L)   Amendment. Holders of a conditional use permit may propose amendments to the approved permit at any time, subject to the procedures of § 152.302, except where administrative site plan review may be granted as outlined in § 152.303(G).

   (M)   Changes in zoning classification. In the event a property is rezoned to a district where the use becomes permitted, or a text amendment makes the use permitted in the zoning district, the conditional use permit is voided.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. The purpose of interim use permits is:

      (1)   To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.

      (2)   To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.

      (3)   To allow a use that complies with the Comprehensive Plan, provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.

   (B)   Applicability. An interim use permit applies to those uses that fit the criteria of division (A), above.

   (C)   Review standards. The Planning Commission and City Council shall consider the following factors when making its determination on an interim use permit application:

      (1)   The use conforms to the zoning regulations;

      (2)   The date or event that will terminate the use can be identified with certainty;

      (3)   Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

      (4)   The user agrees to any conditions that the governing body deems appropriate for permission of the use.

   (D)   Conditions. The Planning Commission may recommend, and the City Council may impose, reasonable conditions relating to this chapter. Such conditions must be related to the purpose of the chapter and be based on factual evidence. The city may, however, impose conditions that are additional to or above those standards contained in this chapter.

   (E)   Duration. An interim use permit shall terminate on the happening of any of the following events, whichever occurs first:

      (1)   The date stated in the interim use permit;

      (2)   Upon violation of conditions under which the permit was issued;

      (3)   Upon change in the city's zoning regulations, which render the use non-conforming; or

      (4)   The redevelopment of the use and property.

   (F)   Changes in zoning classification. In the event a property is rezoned to a district where the use becomes permitted, or a text amendment makes the use permitted in the zoning district, the interim use permit is voided.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. Pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, the City Council, acting as a Board of Appeals and Adjustments, may issue variances from the provisions of this zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property.

   (B)   Review standards.

      (1)   Variances shall only be permitted:

         (a)   When they are in harmony with the general purposes and intent of the chapter; and

         (b)   When the variances are consistent with the Comprehensive Plan.

      (2)   Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. Practical difficulties, as used in connection with the granting of a variance, means that:

         (a)   The property owner proposes to use the property in a reasonable manner not permitted by this chapter;

         (b)   The plight of the landowner is due to circumstances unique to the property not created by the landowner;

         (c)   The variance, if granted, will not alter the essential character of the locality;

         (d)   Economic considerations alone do not constitute practical difficulties; and

         (e)   Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

   (C)   Conditions. The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. No building permit may be issued except in compliance with the conditions of the variance.

   (D)   Variances for communication towers.

      (1)   Initial criteria. The City Council may grant a variance to the setback, separation or buffer requirements, and/or maximum height provision of this subdivision based on the criteria set forth elsewhere in this chapter.

      (2)   Additional criteria. In addition to taking the criteria set forth in § 152.1026 into consideration, the City Council may also grant a variance if the applicant demonstrates with written or other satisfactory evidence that:

         (a)   The location, shape, appearance or nature of the use of the proposed tower will not substantially detract from the aesthetics of the area nor change the character of the neighborhood in which the tower is proposed to be located;

         (b)   The variance will not create a threat to the public health, safety, or welfare;

         (c)   If the request is for a modification to the setbacks, the size of the parcel upon which the tower is proposed to be located makes compliance impossible, and the only alternative for the applicant is to locate the tower at another site that poses a greater threat to the public health, safety or welfare or is closer in proximity to residentially zoned land;

         (d)   If the request is for a modification of separation requirements, the applicant must provide technical evidence from an engineer that the proposed tower and antennas must be located at the proposed site in order to meet the coverage needs of the applicant's wireless communications system. The applicant must also submit a landscape plan showing buffers to screen the tower base from being visible from a residential area; and

         (e)   If the request is for modification of the maximum height limit, the applicant must provide evidence documented by a qualified professional engineer licensed by the State of Minnesota, showing the modification is necessary to facilitate collocation of telecommunication antennas and ground equipment to avoid the construction of a new tower, or to meet the coverage requirements of the applicant's wireless communications system.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. This section specifies the procedures for text amendments to this chapter or the amendments to the official zoning map.

   (B)   Initiation. Amendments may be initiated by a simple majority of the City Council or Planning Commission. Any person owning property within the city, or their designated agent, may initiate an application to amend the district boundaries or designation on the official zoning map for property in which they have a real estate interest.

   (C)   Procedures. The procedures for application and public hearing of zoning amendment applications are described in § 152.302.

   (D)   Effective date. Any amendment to this chapter adopted by the City Council may be effective 30 calendar days after its publication or at such later date as may be specified in the amendment.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. The purpose of a development contract is to guarantee satisfactory completion of public and private improvements and otherwise document the terms of subject development projects. The contract provides the city and the developer with assurances, thereby providing more certainty in the land development process.

   (B)   Development contract.

      (1)   A development contract, incorporating any conditions or requirements imposed on the applicant must be executed by and between the City Council and the applicant before a building or grading permit can be issued for any development project that includes public off-site and private on-site improvements, including, but not limited to earthwork, erosion control, site utilities, curb, gutter, walks, paving, striping, landscaping, irrigation, sign monuments and site lighting.

      (2)   The development contract shall be prepared by the city and may be reviewed by the City Attorney. The agreement shall define the required work, reflect the terms, and guarantee the performance of the work by the applicant.

   (C)   Escrow.

      (1)   An engineering/administrative escrow must be paid and held in a non-interest-bearing city escrow account to be used to cover costs of city services, expenses, and materials provided in reviewing and processing an application. This includes, but is not limited to staff time, legal expenses incurred in the application approval, office and field checking, and similar expenses.

      (2)   For projects that include public off-site improvements, the engineering/ administrative escrow must be 6.5% of the estimated costs of the project, but not less than $1,000. For projects with only on-site private improvements, the cash escrow account shall be 3% of the estimated project cost but not less than $1,000.

      (3)   If at any time the balance of the engineering/administrative escrow account is depleted to less than 5% of the originally required cash escrow amount, the applicant must deposit additional funds in the account sufficient to cover all costs to be incurred by the city.

   (D)   Financial guarantee.

      (1)   Any financial guarantee required by the development contract guarantees conformance and compliance with the conditions of the application approval and the ordinances of the city. If the conditions are not met, the financial guarantees may be forfeited to the city to cure the default or reimburse the city the cost of enforcement measures.

      (2)   The amount of the financial guarantee must be established by the city, based upon an itemized estimate of the cost of all required work as documented by the applicant.

         (a)   An irrevocable letter of credit or similar financial security as approved by the City Attorney must be posted with the city in the amount of 95% of the approved estimated cost. This financial security must be automatically renewed and shall not expire until released by the city.

         (b)   The remaining 5% of the approved estimated costs must be posted with the city in cash to be held in a non-interest-bearing city account.

      (3)   Upon completion and city acceptance of the project, any remaining financial securities must be returned to the depositor by the Finance Department after all claims and charges have been paid and following approval by City Council.

         (a)   If part of a project has been completed, inspected, and accepted by the city, the financial securities posted may be reduced by the city and partial payment be returned to the applicant.

         (b)   Landscaping improvements may not be deemed complete until the city has verified survivability of all required plantings through two winter seasons, which is defined for the purpose of this chapter as October 31 through May 31.

      (4)   The city may hold the financial guarantee until the project is completed and approved by the city.

         (a)   The financial guarantee can only be released by the City Council.

         (b)   Periodically, the amount of the financial guarantee may be reduced by the City Council based on the projects progress, as determined by the city.

         (c)   Reduction and release actions will only be initiated after proper request from the applicant.

      (5)   Failure to comply with the conditions of the application approval, the development contract, or a city ordinance may result in forfeiture of the financial guarantee to the extent necessary to achieve the project's total compliance with the approved site plan.

(Ord. 2024-1304, passed 7-29-24)

   All relocated structures must meet the requirements of the district in which they will be located. In addition, the applicant provides the following:

   (A)   A report from the Building Official which specifies, at a minimum:

      (1)   The improvements to the house that may be required for the structure to meet all applicable, current codes, based on an inspection;

      (2)   If the applicant's submitted plans will successfully meet the required improvements; and

      (3)   If the sewer and water connections have been plugged or discontinued at the curb line or at the main and that all other hazards have been eliminated.

   (B)   Evidence that all taxes and sewer and water charges have been paid against the property the structure is being relocated.

   (C)   A signed development contract stating that the applicant has agreed to complete the necessary changes specified by the City Manager within a period of one year, and a performance bond or cash deposit in compliance with § 152.310.

   (D)   Evidence that the applicant has secured the necessary permits or permission for the displacement of any overhead electrical or other wires from the person, association, or corporation that owns, operates, or controls the wires.

   (E)   Evidence that the applicant or their designated person, firm or corporation engaged in moving structures has a license, in compliance with Section 445, before moving any structure over streets controlled by the city.

(Ord. 2024-1304, passed 7-29-24)

   (A)   Purpose. Provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed events or activities.

   (B)   Review authority. The City Manager shall have the review and approval authority to grant special event permits.

   (C)   Review standards. The City Manager may consider possible adverse effects of the proposed events or activities based on the following factors:

      (1)   Compliance with and effect upon the Comprehensive Plan;

      (2)   Compliance with § 152.905(G);

      (3)   The establishment, maintenance, or operation of the event or activity will not be detrimental to or endanger the public health, safety, morals, or comfort;

      (4)   The event or activity will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

      (5)   The establishment of the event or activity will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

      (6)   Adequate public facilities and services are available or can be reasonably provided to accommodate the event or activity which is proposed;

      (7)   The event or activity may, in all other respects, conform to the applicable regulations of the district in which it is located as outlined in the applicable sections of this chapter; and

      (8)   The event or activity and site conform to the performance standards as outlined in the applicable provisions of this chapter.

   (C)   Permit issuance.

      (1)   The City Manager shall approve or deny the special event permit within 30 days from the date of submission of a complete application.

      (2)   A written permit may be issued when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this chapter must be attached to the permit.

      (3)   Determination of the applications non-compliance with applicable codes, ordinances, and the standards in this division shall be communicated to the applicant in writing and the application for the permit may be considered denied, unless, within ten days of the date of such notice, the applicant submits revised plans and/or information with which the City Manager is able to determine compliance.

   (D)   Revocation. A special event permit may be revoked by the City Manager or by an officer of the Brooklyn Park Police Department if it is determined that the applicant has violated any conditions of the administrative permit, any applicable provisions of the city code, or any applicable provisions of state or federal law.

(Ord. 2024-1304, passed 7-29-24)