The city manager or authorized representative shall conduct and supervise the enforcement of this chapter with the assistance of the city attorney, building official, community development director, Carver County Sheriff's Office and other designated staff. Enforcement actions to be taken by the city staff shall be authorized by the city manager.

(Ord. No. 80, Art. XI, § 1(11-1-2(1)), 12-15-86; Ord. No. 377, § 3, 5-24-04)

Prior to the institution of legal proceedings, the city manager may, by written order, suspend, revoke or modify any permit or authorization issued pursuant to this chapter on information and belief that the permit has been issued in error on the basis of incorrect or inadequate information, or that the work is not being performed in compliance with this chapter or with the provisions of any permit issued pursuant hereto. The city manager, in addition, may issue an order to the owner or occupant of any premises to cease and desist the use of such premises immediately, when such premises are being used in a manner creating substantial hazard to the public health, safety or welfare, or in violation of any permit issued pursuant hereto. The city manager shall have the power to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of lands or structures within the city and to restrain, correct or abate such violations, or to prevent the occupancy of buildings, structures or lands, or prevent any illegal act, conduct, business, or use on or about said premises and may use the city attorney, police and other personnel in accomplishing these duties.

(Ord. No. 80, Art. XI, § 1(11-1-2(2)), 12-15-86)

1. Board designation. The planning commission shall act as the board of appeals and adjustments.
2. Powers. Pursuant to M.S. § 462.357, subd. 6, the board shall have the following powers:
   1. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city administrative officer in the enforcement of this chapter;
   2. To hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulty because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter; and
   3. To grant permits or approvals for appeals authorized under M.S. § 462.359.

(Ord. No. 80, Art. III, § 1, 12-15-86; Ord. No. 131, § 1, 7-9-90; Ord. No. 292, § 1, 4-26-99; Ord. No. 377, § 4, 5-24-04; Ord. No. 612, § 2, 12-14-15)

State law reference(s)—Board of appeals and adjustments, M.S. § 462.354, subd. 2.

1. Form; fee. Appeals and applications for variances shall be filed with the community development director on prescribed forms. A fee, as established by the city council, shall be paid upon the filing of an application. The board of appeals and adjustments may waive the application fee in unusual circumstances.
2. Hearing. Upon the filing of an appeal or application for variance, the community development director shall set a time and place for a hearing before the board of appeals and adjustments on such appeal or application, which hearing shall be held within 45 days after the filing of said appeal or application unless the applicant waives the 60-day review period or the Cityexercises it right to extend the 60-day review period by up to an additional 60 days. At the hearing the board shall hear such persons as wish to be heard, either in person or by attorney or agent. Notice of such hearing shall be mailed not less than ten days before the date of hearing to the person who filed the appeal or application for variance, and to each owner of property situated wholly or partially within 500 feet of the property to which the appeal or variance application relates. The names and addresses of such owners shall be determined by the community development director from records provided by the applicant.
3. Decisions of the board. The board shall be empowered to decide appeals and grant variances, other than variances in conjunction with platting, site plan review, conditional use permits and interim use permits, when the decision of the board is by an affirmative vote of three-fourths of the members present. A vote of less than three-fourths of the members present or any vote on a variance in conjunction with platting, site plan review, conditional use permits and interim use permits shall serve only as a recommendation to the city council, who shall then make the final determination on the appeal or variance request within 30 days after receipt of the board's action. If the board recommends approval, it may also recommend appropriate conditions. The board shall act upon all appeals and variance requests within 15 days after the date of the close of the required hearing.
4. Appeal from decisions of the board. A city council member, the applicant, or any aggrieved person may appeal such decision to the city council by filing an appeal with the community development director within four days after the date of the board's decision.
5. Council action. By majority vote, the city council may reverse, affirm or modify, wholly or partly, the decision appealed from the board, and to that end the city council shall have all the powers of the board, or the city council may approve or deny the variance request. The council shall decide all appeals within 30 days after the date of the required hearing thereon. In granting any variance, the city council may attach conditions to ensure compliance with this chapter and to protect adjacent property.
6. Action without decision. If no decision is transmitted by the board to the city council within 60 days from the date an appeal or variance request is filed with the community development director, the council may take action on the request, in accordance with the procedures governing the board, without further awaiting the board's decision or recommendation.
7. Decisions of the Council. All decisions by the City involving a variance or appeal shall be final, except that any aggrieved person or persons shall have the right to appeal within thirty (30) days of the decision to the Carver or Hennepin County District Court. Any person seeking judicial review must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above.
   

(Ord. No. 80, Art. III, § 1(3-1-4(1)—(5), (7)), 12-15-86; Ord. No. 131, § 2, 7-9-90; Ord. No. 143, § 1, 3-11-91; Ord. No. 292, § 2, 4-26-99; Ord. No. 377, § 5, 5-24-04)

State law reference(s)—Appeals and adjustments, M.S. § 462.357, subd. 6.

Variances, conditional use permits, interim use permits, site plan approvals, wetland alteration permits, and mining permits shall be recorded against the title to the property for which the permit is granted. Such permits shall be invalid unless they are recorded within 120 days after they are approved by the city. The permit applicant is responsible for recording the document and providing the city proof of the recording within the one hundred twenty-day period. The city council may approve an extension of time within which to record the permits. No related city permit may be issued and no construction or use may commence until after the permit is recorded and the city has received proof of the recording.

(Ord. No. 129, § 1, 6-4-90)

Applications for variances, conditional use permits, interim use permits, site plan approvals, wetland alteration permits, zoning permits, special event permits, mining permit and any other administrative permits required under this Chapter are subject to an application fee as established pursuant to the ordinance adopting fees and must be paid at the time of submittal of the application.

Editor's note(s)—Former § 20-31 was repealed in its entirety by Ord. No. 292, § 3, adopted Apr. 26, 1999. Former section 20-31 pertained to variance requests in conjunction with platting, site plan review, conditional use and interim use permits and derived from Ord No. 131, § 3, adopted July 9, 1990.

The council may, from time to time, by a majority vote of all members of the city council adopt amendments to this chapter, including the zoning map. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a two-thirds majority vote of all members of the city council. Amendments shall not be adopted that are inconsistent with the city's comprehensive plan unless the council expresses its intent to amend the comprehensive plan.

(Ord. No. 80, Art. III, § 3(3-3-1), 12-15-86; Ord. No. 139, § 1, 3-11-91; Ord. No. 328, § 1, 10-8-01)

Cross reference(s)—Amendments to official maps, § 15-22.

1. Proceedings to amend this chapter, including the zoning map shall only be initiated by the council, the planning commission or a petition of the property owner.
2. An application for an amendment shall be filed with the city. Petitions by property owners requesting change in a district boundary shall be accompanied by a map or plat showing the lands proposed to be changed and all land within 500 feet of the boundaries of the property proposed for such rezoning together with the names and addresses of the owners of lands in such area.

(Ord. No. 80, Art. III, § 3(3-3-2), 12-15-86)

1. No amendment to this chapter, including the zoning map shall be adopted until a public hearing has been held thereon by the planning commission. Notice of the time, place and purpose of an amendment hearing shall be published in the official newspaper at least ten days prior to the day of hearing. When an amendment involves changes in one or more district boundaries affecting an area of five acres or less, notice of the hearing shall be mailed at least ten days before the date of hearing to each owner of property within the area proposed to be changed and owners of property situated wholly or partially within 500 feet of the property to which the amendment relates. The failure of a property owner to receive notice as specified herein shall not invalidate the public hearing or the amended proceeding. Where appropriate, notice shall also be given to affected homeowner's associations.
2. If a development is proposed adjacent to a lake or will affect the usage of the lake, the community development director may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. The applicant is responsible for meeting with affected homeowners.

(Ord. No. 80, Art. III, § 3(3-3-3), 12-15-86; Ord. No. 377, § 6, 5-24-04)

Following conclusion of the public hearing held by the planning commission, the commission shall report its findings and recommendations on the proposed amendment to this chapter, including the zoning map to the council. If no report of recommendation is transmitted by the planning commission within 60 days following referral of the amendment to the commission, the council may take action on the amendment without awaiting such recommendation.

(Ord. No. 80, Art. III, § 3(3-3-4), 12-15-86)

Following planning commission consideration of an amendment to this chapter including the zoning map, or upon the expiration of its review period, the council may adopt the amendment or any part thereof in such form as it deems advisable, reject the amendment, or refer it to the planning commission for further consideration.

(Ord. No. 80, Art. III, § 3(3-5-5), 12-15-86)

1. A variance from this chapter may be requested only by the owner of the property or the owner's approved representative to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district. A variance may, however, be granted for the temporary use of a single-family dwelling as a two-family dwelling. In granting any variance, conditions may be prescribed to ensure substantial compliance with this chapter and to protect adjacent property.
2. Prior to filing an application for a variance, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense.

(Ord. No. 80, Art. III, § 1(3-1-1(1)), 12-15-86; Ord. No. 131, § 4, 7-9-90; Ord. No. 377, § 7, 5-24-04; Ord. No. 474, § 1, 10-13-08)

1. The violation of any written condition shall constitute a violation of this chapter. 
2. It is a condition of every variance that the property for which the permit is issued not be subdivided or the lot lines of the property altered. 
3. A variance, except a variance approved in conjunction with platting, shall become void within one year following issuance unless:
   1. Substantial action has been taken by the petitioner in reliance thereon; or,
   2. The City Council may, at its discretion, approve a request from the petitioner to extend the variance. Such a request shall be made at least 30 days prior to the termination of the variance, shall be submitted in writing, shall state the reasons for requesting the extension, and shall state the duration of the requested extension.
      

(Ord. No. 80, Art. III, § 1(3-1-3(1)), 12-15-86; Ord. No. 196, § 1, 11-22-93; Ord. No. 474, § 2, 10-13-08)

A variance may be granted if all of the following criteria are met:

1. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.
2. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
3. That the purpose of the variation is not based upon economic considerations alone.
4. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
5. The variance, if granted, will not alter the essential character of the locality.
6. Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.

(Ord. No. 80, Art. III, § 1(3-1-3(2)), 12-15-86; Ord. No. 131, § 3, 7-9-90; Ord. No. 377, § 8, 5-24-04; Ord. No. 423, § 1, 6-12-06; Ord. No. 525, § 1, 6-27-11)

Variances may be denied by the board of appeals and adjustments and the city council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist.

(Ord. No. 80, Art. III, § 1(3-1-4(6)), 12-15-86; Ord. No. 377, § 9, 5-24-04)

The purpose of this division is:

1. To recognize the existence of uses, lots and structures which were lawful when established, but which no longer meet all ordinance requirements;
2. To prevent the enlargement, expansion, intensification or extension of any nonconforming use, building or structure; and
3. To encourage the elimination of nonconforming uses, lots and structures or reduce their impact on adjacent properties.

(Ord. No. 165, § 2, 2-10-92)

1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:
   1. The nonconformity or occupancy is discontinued for a period of more than one year; or
   2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.
2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This section does not prohibit the city from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance.
3. Notwithstanding subsection (a), the city shall regulate the repair, replacement, maintenance, improvement or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.
4. Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements.
5. Notwithstanding the prohibitions contained in the forgoing subsections of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses.

(Ord. No. 165, § 2, 2-10-92; Ord. No. 377, §§ 10, 11, 5-24-04; Ord. No. 423, § 2, 6-12-06)

1. No variance shall be required to construct a detached single-family dwelling on a nonconforming lot of record, excluding platted outlots, provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements of this chapter.
2. Except as otherwise specifically provided for detached single-family dwellings, there shall be no expansion, intensification, replacement or structural changes of a structure on a nonconforming lot.
3. If a nonconforming lot or parcel is, or at any time since June 25, 2012, has been held in common ownership with all or part of an adjoining or abutting parcel or lot, then such nonconforming lot or parcel and such adjoining or abutting parcel or lot shall be deemed one lot. If in a group of two or more adjoining or abutting lots or parcels owned or controlled by the same person, any single lot or parcel does not meet 75 percent of the full minimum depth, width, and area requirements of this chapter, such single lot or parcel shall not be considered as a separate lot or parcel able to be conveyed or developed under this chapter.

(Ord. No. 165, § 2, 2-10-92; Ord. No. 377, § 12, 5-24-04; Ord. No. 423, § 3, 6-12-06; Ord. No. 543, § 1, 6-25-12)

1. A zoning permit shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc.:
   1. Agricultural buildings.
   2. Decks less than 30 inches above the ground and not attached to the principal structure.
   3. Driveway expansions.
   4. One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar uses, 200 square feet or less in building area.
   5. Patios.
   6. Permanent fences less than seven feet in height.
   7. Retaining walls four feet and less in height.
   8. Sport courts.
2. Any zoning permit application that fails to meet zoning ordinance requirements shall be denied by the community development director. 
3. Application for a permit required by article shall be made to the city upon a form furnished by the city. A nonrefundable fee in the amount established pursuant to the ordinance adopting fees shall be paid to the city when the application if filed.
   

(Ord. No. 377, § 13, 5-24-04; Ord. No. 409, § 1, 1-9-06; Ord. No. 452, § 1, 7-9-07; Ord. No. 612, § 3, 12-14-15)

Cross reference(s)—Technical codes, § 7-16 et seq.

It is the intent of this division to serve the public interest by promoting a high standard of development within the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified development, the city seeks to accomplish the following:

1. Implement the comprehensive plan.
2. Maintain and improve the city's tax base.
3. Mitigate to the extent feasible adverse impacts of one land use upon another.
4. Promote the orderly and safe flow of vehicular and pedestrian traffic.
5. Preserve and enhance the natural and built environment.
6. Within the HC districts, meet the additional purpose, intent and standards of the HC districts.
7. Within the BCO district, meet the additional purpose, intent and standards of the BCO district.

(Ord. No. 119, 2-12-90; Ord. No. 212, § 3, 7-11-94; Ord. No. 286, § 5, 12-14-98)

Without first obtaining site and building plan approval it shall be unlawful to do any of the following:

1. Construct a building.
2. Move a building to any lot within 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 which results in a different intensity of use, including the requirement for additional parking.

(Ord. No. 119, 2-12-90)

Notwithstanding the provisions of section 20-107, the following shall not require site or building plan approval:

1. Construction or alteration of a single- or two-family residential building or accessory building on a lot zoned for residential use;
2. Enlargement of a building by less than ten percent of its gross floor area, provided that there is no variance involved and also provided that the community development director has conducted an administrative review pursuant to section 20-113;
3. Changes in the leasable space of a multitenant building where the change does not intensify the use or require additional parking beyond the capacity of the site;
4. Construction of buildings for agricultural uses on land zoned and utilized for agricultural purposes;
5. Moving a residence or accessory building to any lot zoned A-2, PUD-R, RR or RSF; provided that the lot and structure siting comply with all applicable zoning ordinance standards.

(Ord. No. 119, 2-12-90; Ord. No. 377, § 14, 5-24-04)

Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include:

1. Evidence of ownership or an interest in the property;
2. The application fee;
3. Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following.
4. General:
   1. Name of project.
   2. Name, address and telephone number of applicant, engineer, and owner of record.
   3. Legal description (certificate of survey will be required).
   4. Date proposed, north arrow, engineering scale, number of sheets, name of drawer.
   5. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features.
   6. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load.
   7. Existing zoning and land use.
   8. Tabulation box indicating:
      1. Size of parcel in acres and square feet.
      2. Gross floor area of each building.
      3. Percent of site covered by building.
      4. Percent of lot coverage on site broken out by impervious surface and pervious pavement.
      5. Percent of site covered by parking area.
      6. Projected number of employees.
      7. Number of seats if intended use is a restaurant or place of assembly.
      8. Number of parking spaces required.
      9. Number of parking spaces provided including handicapped.
      10. Height of all buildings and structures and number of stories.
      11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc.
5. Site and building plan:
   1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations.
   2. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100-year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater.
   3. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways.
   4. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic-control devices.
   5. Landscaping plan in accordance with the provisions of article XXV.
   6. Location, access and screening detail of trash enclosures.
   7. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater.
   8. Location and detail of signage including method of lighting, height, width, sign display area, etc.
   9. Lighting location, style, mounting and photometrics.
   10. Building elevations from all directions indicating materials and colors. Interior floor plans may be required.
   11. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building.
   12. List of proposed hazardous materials, use and storage.
   13. Proposed fire protection system.
   14. Such other information as may be required by the city.
   15. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution.
6. Within the HC districts, the application shall also include:
   1. Building elevations from all directions, indicating materials, colors and landscaping at installation.
   2. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways.
   3. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas.
   4. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs.
   5. Sample building materials.
   6. Sample paving materials, upon the city's request.
7. Within the BCO district, the application shall also include:
   1. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern.
   2. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable lot coverage may include bluffs and floodplains but shall specifically exclude designated wetlands.
8. The application shall include a traffic study, if requested by the city.

(Ord. No. 119, 2-12-90; Ord. No. 203, § 2, 5-9-94; Ord. No. 212, § 4, 7-11-94; Ord. No. 286, § 6, 12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15, 5-24-04; Ord. No. 474, § 3, 10-13-08; Ord. No. 628, §§ 15, 16, 12-11-17; Ord. No. 633, § 2, 6-25-18; Ord. No. 651, § 5, 12-9-19)

In evaluating a site and building plan, the planning commission and city council shall consider its compliance with the following:

1. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted;
2. Consistency with this division;
3. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas;
4. Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development;
5. Creation of a functional and harmonious design for structures and site features, with special attention to the following:
   1. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and general community;
   2. The amount and location of open space and landscaping;
   3. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and
   4. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking.
6. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses.
7. Within the HC districts, consistency with the purpose, intent and standards of the HC districts.
8. Within the BCO district, consistency with the purpose, intent and standards of the BCO district.
9. Maintaining an acceptable road system level of service.

(Ord. No. 119, 2-12-90; Ord. No. 212, § 5, 7-11-94; Ord. No. 286, § 7, 12-14-98; Ord. No. 651, § 6, 12-9-19)

Upon receipt of a completed application, a date shall be set for review of the site plan before the planning commission. The review will be held no less than ten days after mailed notice is sent to the owner of properties located wholly or partially within 500 feet of the site, as reflected in the records of the county auditor. The community development director may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. Following the hearing or any continuance thereof, the planning commission shall make a recommendation. The site plan shall be forwarded to the city council with the planning commission's recommendation for review on the next available agenda. Final approval of the site plan requires a simple majority vote of the city council.

(Ord. No. 119, 2-12-90; Ord. No. 377, § 16, 5-24-04)

Any site and building plan application which is accompanied by a request for a conditional use permit or for a rezoning amendment to this division shall be considered by the planning commission concurrently with the conditional use permit or rezoning application.

(Ord. No. 119, 2-12-90)

Minor site plan and building alterations which do not involve a variance, which are consistent with the intent of the approval relative to all aspects of the site and building plans and which are not accompanied by other matters requiring consideration by the planning commission or city council, may be approved by the community development director. The director is not authorized to approve the principal construction of new buildings or alterations to existing buildings that would add more than ten percent to the existing gross floor area. If any application is processed administratively, the community development director shall render a decision within 30 days and shall serve a copy of the decision upon the applicant by mail. Any person aggrieved by a decision of the community development director may appeal the decision to the planning commission in the manner specified in section 20-109 of this division.

(Ord. No. 119, 2-12-90; Ord. No. 377, § 17, 5-24-04)

The planning commission, city council or community development director may impose conditions in granting approval to site and building plans to promote the intent of this division and to protect adjacent properties.

(Ord. No. 119, 2-12-90; Ord. No. 377, § 18, 5-24-04)

Site and building plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in compliance with the plans and specifications approved by the planning commission, city council or director of planning.

(Ord. No. 119, 2-12-90)

1. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the community development director and shall show the following:
   1. Elevations of all sides of the building;
   2. Type and color of exterior building materials;
   3. A typical floor plan;
   4. Dimensions of all structures; and
   5. The location of trash containers and of heating, ventilation and air conditioning equipment.
2. The use of unadorned, prestressed concrete panels and concrete block shall not be permitted. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. The use of metal on building exteriors shall be limited to trim detailing and/or to buildings using metal and glass curtain walls. Architectural metal roof (standing seam and similar) systems and canopies may also be allowed.
3. All rooftop or ground-mounted mechanical equipment and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units which blend in with the building architecture may be exempt from the screening requirement.
4. Underground utilities shall be provided for all new and substantially renovated structures. On sites where, through design on topography, rooftop mechanical systems are highly visible from off-site locations, structural screening will be required.
5. Within the HC districts, the standards for the HC districts shall apply in addition to the standards specified in this division.

(Ord. No. 119, 2-12-90; Ord. No. 212, § 6, 7-11-94; Ord. No. 377, § 19, 5-24-04)

Editor's note(s)—Section 3 of Ord. No. 153, adopted Nov. 4, 1991, repealed former § 20-117, which pertained to the maintenance of sites and landscaping and derived from Ord. No. 119, adopted Feb. 12, 1990.

Editor's note(s)—Ord. No. 377, § 20, adopted May 24, 2004, repealed § 20-118, which pertained to retaining walls and derived from Ord. No. 119, adopted Feb. 2, 1990; and Ord. No. 212, § 7, adopted July 11, 1994.

Editor's note(s)—Section 3 of Ord. No. 153, adopted Nov. 4, 1991, repealed former § 20-119, which pertained to a landscaping financial guarantee and derived from Ord. No. 119, adopted Feb. 12, 1990.

It shall be the obligation of the owner to maintain the site in a manner consistent with the approved site and building plan. Unapproved alterations are in violation of this division.

(Ord. No. 119, 2-12-90)

1. The terms and conditions of approval of the site plan shall be embodied in a permit signed by the property owner and the city. The permit shall be recorded against the title to the property.
2. A letter of credit or cash escrow shall be required to ensure satisfactory installation of site improvements in an amount equal to 110 percent of the value of the required improvements. The developer is obligated to install and complete all such improvements at his or her own expense and under the supervision and inspection of the city. The guarantee shall be provided prior to recording the site plan permit and shall be valid until the improvements are inspected and approved by the city.
3. Procedures for the reduction or release of security shall include:
   1. Requests for reductions of letters of credit must be submitted to the city in writing by the developer or their engineer.
   2. The city shall verify completion of the improvements.
   3. Any reduction shall be subject to city approval.

(Ord. No. 161, § 1, 1-13-92; Ord. No. 612, § 4, 12-14-15)