300 - ADMINISTRATION
11-301.1.
General Requirements An application is required for the approval of land use changes or submission of plans for items listed in 11-304.1 through 11-304.11.
11-301.2.
Special Rules for Site Plans. The following table illustrates the requirements of this clause:
*In some cases (typically in special districts), a Board or Commission is a recommending body.
(1)
An approved application is required before the placement of any structure on or development or redevelopment of property, including paving or similar improvement, within the corporate limits of the City of Coon Rapids with the following exceptions:
(a)
Construction of a single-family or two-family home and permitted accessory structures or landscaping on a residential parcel in other than a PORT, overlay, or special district.
(b)
The removal of structures, trees, or other similar appurtenances to real property.
(c)
The placement of utility structures below grade, or the repair, replacement, or removal of utilities above, at, or below grade.
(d)
The grading of less than 1000 cubic yards of earth on the property.
(2)
For additions less than 34 percent of the square footage of the existing structure, the Director may waive an application, require an application for administrative review, or require an application for referral to the appropriate decision maker, at the Director's discretion, based on: visual impact of the change, intensity owing to the change, or a change in traffic, parking, or access.
(3)
Modifications to existing structures that result in no change in the square footage of the structure do not require an application unless, in the determination of the Director, a modification varies from the approved development plan, or is a significant modification. In determining whether a modification is significant under this clause, the Director will consider the visual impact of the modification, the extent of the modification, its compatibility with neighboring uses, and whether it goes beyond painting, replacement of awnings or similar cosmetic changes which do not alter the character of the development. For modifications requiring an application under this clause, the Director is the decision maker, subject to appeal to the Planning Commission. The Director may modify the application requirements based on the modification requested.
(4)
Driveways or other paving 30 feet or less in width.
(5)
Landscaping that does not involve the construction of structures or stacking of retaining materials over four feet above grade.
11-301.3.
Nothing herein eliminates the obligation to obtain other permits, licenses, or approvals as otherwise required by Coon Rapids City Code, or state or federal law.
An application may be made by the City Council, the Planning Commission, Board of Adjustment and Appeals, owner, user, or the potential user of the subject property. For this Section, "user" or "potential user" means an entity with a legal interest in the property tantamount to ownership or control as pertaining to the application, and includes an option to purchase the property.
All applications to be granted must conform to the procedural requirements of this Chapter, and must comply with the requirements of the district or districts in which the lands to which they apply are situated, as well as with applicable General District Standards (Section 11-1200), and state and federal laws. Applications which can be granted only subject to external considerations, such as the granting of a variance or a permit from another state agency, may be accepted as complete applications; provided, the decision-making body may not approve an application unless conditioned upon the meeting of such external considerations.
11-304.1
Commercial Use Antennae.
(1)
When used; Process. An application is required to construct or modify a commercial use antenna tower. For applications within a residential area, the Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application. For all other areas of the City, the Director is the decision maker with an appeal available to the City Council
(2)
Standards for Approval. Decisions will be based on compliance of the application with the provisions of Section 11-1400.
11-304.2
Conditional Use Permits.
(1)
When used; Process. A Conditional Use Permit application is required for approval of those uses designated in a zoning district that require specific conditions for approval. The Planning Commission must conduct a public hearing and is the decision maker, subject to appeal to the City Council.
(2)
Standards for Approval. Some uses, while normally not suitable in a zoning district due to nuisance characteristics or incompatibility with permitted uses, are suitable under special circumstances. A use may be permitted as a conditional use if the decision maker finds the applicant demonstrates:
(a)
The conditional use will be in conformity with the city's Comprehensive Land Use Plan, and with the purpose, intent, and applicable standards of this Title;
(b)
The establishment or maintenance of the conditional use will not be detrimental to the public health, safety, or general welfare;
(c)
The conditional use will be located, designed, maintained, and operated to be compatible with the existing or intended character of that zoning district;
(d)
The conditional use will not depreciate property values;
(e)
The conditional use will not be hazardous, detrimental, or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness, electrical interference, or other nuisances;
(f)
The conditional use will generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to the adjoining properties;
(g)
The conditional use will be served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks;
(h)
The conditional use will not create excessive additional requirements at public cost for public facilities and services; and will not be detrimental to the economic welfare of the city;
(i)
The conditional use will preserve and incorporate the site's important natural and scenic features into the development design;
(j)
The conditional use will cause only minimal adverse environmental effects; and
(k)
The City Council may waive one or more of the above requirements upon receipt of an application for a conditional use permit for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between political subdivisions of the state would be best served by such waiver.
11-304.3
Elements Plans.
(1)
When Used; Process. An Elements plan must be provided in a special district, PORT, or overlay district, unless specifically excluded in that district's special standards. An Elements Plan is adopted by City Council resolution to promote a development area's continuity and theme that may prescribe, in both graphic and verbal form, public and private improvements including, but not limited to, site architecture, landscape materials and treatments, lighting design, building treatments and colors, signage, fences, walls, railings, seating, litter receptacles, and other street furniture and structures. The Planning Commission makes a recommendation prior to City Council determination.
(2)
Standards for Approval. An Elements Plan will:
(a)
Improve visual appearance;
(b)
Improve usability and safety;
(c)
Create a unified corridor or district image;
(d)
Provide a common, corridor or district wide theme; and
(e)
Provide special enhancements and create unique Port or sub-district identities.
11-304.4
Master Plans.
(1)
When used; Process. Master Plans are required in PORT districts and special districts, unless otherwise stated in that district's regulations. A Master Plan is a conceptual plan for a defined development area that includes, but is not limited to, proposed uses and use relationships, densities or Floor Area Ratios for each use classification, site circulation, pedestrian systems, parking plans, open space locations, and examples of proposed building types. The Planning Commission holds a public hearing and make a recommendation to City Council, which makes the determination on the plan.
(2)
Standards for Approval. The findings necessary for approval of the Master Plan include, but are not limited to, the following:
(a)
The Master Plan is consistent with the intent of this District.
(b)
The Master Plan reflects development that:
(i)
Is not detrimental to the public health, safety, or general welfare;
(ii)
Does not depreciate property values;
(iii)
Is not hazardous, detrimental, or disturbing to surrounding uses, or that creates pollution, vibration, general unsightliness, electrical interference, or other nuisances;
(iv)
Does not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to adjoining properties;
(v)
Is served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks;
(vi)
Does not create excessive additional requirements at public cost for public facilities and services; and is not detrimental to the economic welfare of the City; and
(vii)
Causes minimal adverse environmental effects.
(c)
Each phase or stage of the plan can, as an independent unit, meet the requirements of this Chapter and Title 11.
(d)
The area surrounding the plan can be developed in coordination with and in substantial compatibility with the plan.
11-304.5
Mining Permits.
(1)
When used; Process. Mining permits are required for any person to remove, store, fill or excavate rock, sand, dirt, gravel, clay, peat or similar material. For up to 1,000 cubic yards the permit is available from the Director. If over 1,000 cubic yards, a conditional use permit is required. Exceptions to the required permit are available per Section 11-1103.
(2)
Standards for Approval. Mining permits are subject to the standards found in Section 11-1103 Mining and Land Reclamation.
11-304.6
Planned Unit Developments.
(1)
When used; Process. A site plan that allows for design flexibility and creativity not normally allowed under the strict application of zoning regulations. The Planning Commission, following a public hearing, must make a recommendation to the City Council which makes a determination on the application.
(2)
Standards for Approval. The findings necessary for approval shall include, but not be limited to, the following:
(a)
The plan is consistent with the intent of this Chapter.
(b)
The plan meets the standards required for a conditional use in Subsection 11-304.3.
(c)
Each stage of the plan can exist as an independent unit.
(d)
The area surrounding the plan can be developed in coordination with and in substantial compatibility with the plan.
(e)
Any proposed density transfer is consistent with the preservation and enhancement of important natural features of the site.
(f)
Any density bonus is consistent with Section 11-902.
(g)
The plan exceeds the zoning district standards for uses most similar in function to the proposed uses.
11-304.7
Site Plans.
(1)
When used; Process. A Site Plan is a plan that shows the structures and integration of uses on the property. The Planning Commission must conduct a public hearing and is the decision maker, subject to appeal to the City Council.
(2)
Standards for Approval. The following findings must be made before a site plan may be approved. The site plan must:
(a)
Be compatible with the surrounding land uses;
(b)
Preserve existing natural features whenever possible;
(c)
Achieve a safe and efficient circulation system;
(d)
Not place excessive traffic loads on local streets;
(e)
Conform to the city's plans for parks, streets, service drives, and walkways;
(f)
Conform to the city's Comprehensive Land Use Plan;
(g)
Achieve a maximum of safety, convenience, and amenities;
(h)
Show sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development;
(i)
Not create detrimental disturbances to surrounding properties;
(j)
Shall meet all the requirements of this Title, unless a variance has been granted from such requirements; and
(k)
Show efforts to conserve energy whenever practical.
11-304.8
Variances.
(1)
When used; Process. A request under Minn. Stat. 462.357 to vary from the standards of this title. A public hearing is required, and the Board of Adjustment and Appeals is the decision maker, subject to appeal to the City Council.
(2)
Standards for Approval. A variance may be granted after the following findings are made:
(a)
The variance is in harmony with the general purposes and intent of the ordinance from which the variance is requested.
(b)
The variance is consistent with the Comprehensive Plan.
(c)
The applicant demonstrates there are practical difficulties in complying with the ordinance from which the variance is sought. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute practical difficulties. In determining this standard, all the following must be met:
(i)
Unless the variance is granted, the property cannot be used in a reasonable manner. If a property can be used reasonably without the granting of a variance, it can be used in a reasonable manner.
(ii)
The variance requested must be the minimum to make reasonable use of the property.
(iii)
The plight of the applicant or landowner is due to circumstances unique to the property not created by the applicant or landowner.
(iv)
The variance, if granted, will not alter the essential character of the locality.
(d)
Special exemption for earth-sheltered construction: Variances must be granted for earth sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with the ordinance.
(3)
Notice of Public Hearing. The Board of Adjustment and Appeals Chair shall cause a notice of the public hearing to be mailed, at least ten days and not more than 20 days before the day of such hearing, to each property owner of affected property and property wholly or partially within 350 feet of the property to which such action relates. The notice must include the legal description of the property and common name designation of its location. The notice must state the time, place, and purpose of the hearing and that hearing will be held before the Board of Adjustment and Appeals. Failure to give notice or any defects in the notice shall not invalidate the proceedings.
[Revised 10/15/13 Ordinance 2109]
11-304.9
Rezonings and Comprehensive Land Use Plan Changes.
(1)
When used; Process. An application is required to propose a change in the zoning or land use designation of a property. The Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application.
(2)
Standards for Approval. The determination whether to rezone a parcel must consider:
(a)
The health, safety, order, convenience and general welfare;
(b)
Effect on present and potential surrounding land uses; and
(c)
Whether or not the proposal is in conformance with the City's Comprehensive Land Use Plan and any applicable development district.
11-304.10
Subdivisions of Land.
(1)
When used; Process. An application is required to propose the subdivision of property. The Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application.
(2)
Standards for Approval. The determination whether to subdivide property must consider:
(a)
Surrounding land uses, traffic control, zoning regulations, future developments, plans for parks, walkways, and street extensions, the availability of public sewer and water and conformance with the City's Comprehensive Plan.
(b)
Subdivision are also subject to the standards found in Section 11-1500.
11-304.11
Ordinance Amendment.
(1)
When used; Process. An application is required to propose a change in the zoning code. The Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application.
(2)
Standards for Approval. The determination whether to approve an ordinance amendment must consider:
(a)
The health, safety, order, convenience and general welfare;
(b)
Effect on present and potential land uses; and
(c)
Whether or not the proposal is in conformance with the City's Comprehensive Land Use Plan and any applicable development district.
11-305.1
Application Contents. The application must be in writing to the Community Development Director or designee ("Director") on such forms as the Director may designate. The application must include, but is not limited to:
(1)
The signature of each owner or agent of the affected property;
(2)
For zoning and Land Use Plan amendments, the proposed amendment to the text;
(3)
The legal description of the property;
(4)
The common address, if it exists;
(5)
The present use;
(6)
Any maps, drawing, and plans that the Director considers to be of value in considering the application.
(7)
For conditional use permits, a description of the proposed conditional uses and a plan of the proposed site showing the location of all easements, lot lines, buildings, parking lots, vehicular, bicycle and pedestrian circulation, open spaces, landscaping, and refuse and service areas.
(8)
For site plans, a scaled drawing of the following items, unless waived by the Director:
(a)
Lot or parcel;
(b)
Existing grades and buildings within 100 feet of the site;
(c)
Finished grades and proposed drainage;
(d)
Proposed buildings and their entrances and exits;
(e)
Interior circulation, including: bike and automobile parking spaces, loading spaces, driveways, stacking spaces, walks, curbing, and lighting;
(f)
Recreation areas;
(g)
Proposed landscaping specifications and locations;
(h)
Existing trees of six inches in diameter or more; and
(i)
Proposed screening.
(9)
For variance requests, a description of the variance request and a statement demonstrating that the variance would conform to the requirements necessary for approval.
(10)
For subdivisions of land, a preliminary and final plat under Section 11-1500.
(11)
A non-refundable application fee as set by ordinance. On proof of financial hardship, the City Manager, or the Manager's designee, may waive the application fee.
(12)
If a written request is received that does not contain all required information, the Director must, within 15 business days of receipt of the request, notify the applicant in writing what information is missing. The Director may reject as incomplete a request not on a form designated by the Director.
11-305.2.
Time Deadlines for Action. Upon receipt of a completed application for developments regulated by this Title enumerated in Minn. Stat. §15.99, Subd. 1c, the application must be approved or denied within 60 days, subject to any extension authorized by Minn. Stat. §15.99, Subd. 3. For land subdivisions, the time deadline is as regulated by Minn. Stat. §462.358, or 120 days, whichever period is longer, subject to any extension authorized by Minnesota Statute. These time limits do not apply to city initiated applications, or in circumstances where the applicant waives the time limits.
11-305.3
Action on Application.
(1)
The following table illustrates what actions are required for application determination:
1 A majority of two-thirds of those members voting on the motion is required to grant a variance. The Board of Adjustment and Appeals is not authorized to approve as a variance a use that is not permitted in the zoning district.
2 A majority of two-thirds of all members of the City Council is required to amend or reject the Board's decision. [Revised 10/15/13 Ordinance 2109]
3 See Section 11-304.9(3) Notice of Public Hearing. [Revised 10/15/13 Ordinance 2109]
(2)
The Director has the authority to, and must deny an application if the Director finds:
(a)
The proposed use or uses are not among the allowed uses in the zoning district;
(b)
The application is not complete;
(c)
The applicant has not paid all fees, charges, taxes, special assessments and other debts that are due from the applicant and payable to the City regarding any matter; or
(d)
The applicant is not in compliance with all ordinance requirements and attached conditions regarding other city approvals that have been granted to the applicant for any matter.
(3)
For administrative applications, and otherwise where the Director is the decision maker, there is no public hearing. The Director must approve, deny, or approve with conditions the application. The Director may waive the requirements of subsection 11-305.3(2)(c) or (d) in the following circumstances:
(a)
The applicant has provided sufficient safeguards to assure payment of debts or compliance with City requirements within a reasonable time after the City approval; or
(b)
Enforcement of the requirements would result in a significant hardship to the applicant through no fault of the applicant, or would result in an otherwise unfair situation.
(4)
An appeal of the determination of the Director under subsection (2) is to the Board of Adjustment and Appeals. The sole issue for the appeal is the propriety of the denial. An appeal of the Director under subsection (3) is to the appropriate decision maker for that type of application, who shall affirm, amend, or reject the Director's determination.
(5)
When a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the request provided that those voting against the motion state on the record the reasons why they oppose the request.
(6)
Except as provided in subsection 11-305.3(5), if an application is denied, the entity denying the request must state in writing the reasons for the denial at the time it denies the application and provide the applicant in writing a statement of the reasons for the denial. If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under subsection 11-305.2. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.
11-305.4
Timing of Hearings on Application; Public Notice.
(1)
Upon submission of a complete application, the Director must place the matter before the appropriate board or commission, subject to the timing rules herein. On applications where the Director is the decision maker, the decision must be made in accordance with subsection 11-305.3.
(2)
For applications requiring a public hearing, if not specifically otherwise stated for the use involved, the following notice rules apply:
(a)
The Director must publish notice of the public hearing in the official newspaper of the city at least ten days and not more than 20 days before the day of the hearing. The notice shall include:
(i)
The general description of the property, and the common name designation of its location, if it exists;
(ii)
The time, place, and purpose of the hearing;
(iii)
The entity before which the hearing will be held.
(b)
The notice must also be mailed at least ten and not more than 20 days before the day of such hearing to each owner of affected property and property situated wholly or partly within 350 feet of the outer boundaries of the property to which such action relates. Failure to give notice or any defects in the notice does not invalidate the proceedings.
11-305.5
Procedure Upon Hearing.
(1)
If the application requires a public hearing, the hearing must be closed within 31 days of the initial agenda date, unless the applicant agrees to a continuance. The decision maker must act within 31 days of the date of the closing of the public hearing, if one is held, or within 60 days of the initial agenda date, unless the applicant agrees to a continuance. For actions in which the City Council is the initial decision maker, the Director shall place the item before the Council within 30 days of the action of the recommending body. These time periods do not apply to city initiated applications.
(2)
For actions in which the body involved, other than the City Council, makes the initial decision on the application, the decision is final unless the applicant, the Director, or any person aggrieved by the decision appeals the decision to the City Council in the manner prescribed by subsection 11-305.6.
11-305.6
Appeals.
(1)
An appeal of a decision other than that of the City Council must be made in writing, stating in particular the objection or objections to the decision, to the Director within ten days of the decision, and on such form and including such information as the Director may require. An appeal of the Director's determination that an appeal is untimely or incomplete must be referred to the Board of Adjustment and Appeals at its next available meeting.
(2)
Upon the filing of a proper appeal, the Director must place the appeal before the City Council at its next available meeting, but not less than ten days after the date of filing, and notify the appellant of the date, time, and place of the meeting. The appellant may appear in person, or by or with counsel, and may present evidence in support of the appeal. The City Council must affirm, amend, or reject the decision of the body making the initial decision.
11-305.7
Termination of Plan Approval. For site plans and planned unit developments, approval of an application is effective for one year. Upon written application by the developer, the City Council, following review and recommendation by the Planning Commission, may extend plan approval for one period of up to one year upon finding:
(1)
The proposed use or uses are consistent with the zoning current at the time of the request for an extension is considered; and
(2)
The project design meets applicable City Code standards, including this Section, in effect at the time the request for an extension is considered.
(Ord. No. 2129, 2-17-15)
Flexibility is not allowed unless specifically granted in the zoning district for the request involved. Flexibility is specific to the development involved, and does not constitute a variance that runs with the land.
11-306.1
During the site plan consideration process, the Planning Commission shall provide a recommendation to the City Council regarding any proposed dimensional, design standard, or use flexibility request.
11-306.2
Dimensional Flexibility. A request to modify the dimensional standards otherwise required by this Title.
11-306.3
Design Standard Flexibility. A request to modify the design standards otherwise required by this Title
11-306.4
Use Flexibility. A request to allow a use or mix of uses not otherwise allowed by this Title.
11-306.5
The decision maker may approve flexibility only where the applicant demonstrates:
(1)
The modification is necessary due to unique circumstances of the development or the site on which the development is placed;
(2)
The modification will result in gained efficiencies, including, but not limited to: better integration of uses; a more efficient organization of uses; additional public amenities; or a significant reduction in environmental impact;
(3)
The plan provides significant site amenities, buffers, and other elements to offset any potential harmful effects that could be caused by the use; and
(4)
The modification significantly advances the intent of this Section.
11-307.1
Compliance with the Zoning Ordinance. No structure or land use will be erected, moved, structurally altered, established, or changed in use without complying with this Title. This Title applies to all lots, parcels, structures, and land uses within the city. Uses not specifically allowed in the district in which they are situated are prohibited.
11-307.2
Construction and Use to be as Provided in Site Plans. Site plans submitted and approved as part of a site plan review, planned unit development, conditional use permit, rezoning, or variance shall authorize only the use, arrangement, and construction set forth in such approved plans.
11-307.3
Development Agreement. Subsequent to approval of the application and prior to issuance of a building permit, the developer must enter into a development agreement with the city for the installation of all improvements necessary for the project.
11-307.4
Revocation of a Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use. Such permit may be revoked by the issuing body after a public hearing if:
(1)
The applicant or his agent has not commenced work upon the subject property within one (1) year;
(2)
An existing conditional use ceases operation for a period of one year; or
(3)
The conditional use is being operated and maintained in a manner contrary to this title, the approved conditional use permit, or its conditions.
11-307.5
Revocation of a Home Occupation Permit. A home occupation permit shall be deemed to authorize only one particular use.
(1)
Suspension. The Director may immediately suspend a permit if the permitee or any person working on behalf of the permittee, is determined to be conducting business in an unlawful manner or in any manner that constitutes a breach of the peace, or contrary to this title, or a menace to the health, safety, or general welfare of the public. The suspension must be reviewed by the Planning Commission at the Commission's next regular meeting. The Commission may lift the suspension, lift the suspension with conditions, or continue the suspension with direction that revocation of the license be considered at the next available regular meeting of the Commission.
(2)
Revocation. The permit issued pursuant to this Title may be revoked by the Planning Commission after notice and a hearing for any of the following reasons:
(a)
Any fraud, misrepresentation, or false statement contained in the application for the permit.
(b)
Any fraud, misrepresentation, or false statement made in connection with the operation of the home occupation.
(c)
Any violations of this Chapter.
(d)
Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace, or contrary to this title, or as to constitute a menace to the health, safety, or general welfare of the public.
(e)
Violation of any condition of approval.
(3)
Appeals. The decision of the Planning Commission is subject to appeal to the City Council per subsection 11-305.6 Appeals.
11-307.6
Violations. Violations of this Title will be processed pursuant to Chapter 2-1100. The Director is authorized to issue citations for violations of this Title.
11-308.1
Conflicting Provisions. In the event that the provisions of this Title are inconsistent with one another or if the provisions of this Title conflict with provisions found in other adopted regulations of the city, the more restrictive provision will control. When the provisions of this Title impose a greater restriction than imposed by any easement, covenant, deed restriction or private agreement, the provisions of this Title control. In the event of a conflict between the city's Comprehensive Plan and Zoning Ordinance, the city reserves the right to reconcile the conflict in any manner it legislatively determines to most effectively promote the public health, safety and welfare.
11-308.2
Severability. If any chapter, section, subsection, sentence, clause, or phrase of this title is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this title. The City Council hereby declares that it would have adopted the title in each chapter, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses, or phrases be declared invalid.
11-308.3
Inspection. The Director is hereby authorized and directed to enter upon private property at any reasonable time for the purpose of inspecting that property for compliance with this title or any conditions attached to any variance or permit granted under this title.
11-308.4
Interference Prohibited. Any person who prevents, delays or interferes with the Director in the performance of any duty set forth in this Chapter will be guilty of a misdemeanor.
300 - ADMINISTRATION
11-301.1.
General Requirements An application is required for the approval of land use changes or submission of plans for items listed in 11-304.1 through 11-304.11.
11-301.2.
Special Rules for Site Plans. The following table illustrates the requirements of this clause:
*In some cases (typically in special districts), a Board or Commission is a recommending body.
(1)
An approved application is required before the placement of any structure on or development or redevelopment of property, including paving or similar improvement, within the corporate limits of the City of Coon Rapids with the following exceptions:
(a)
Construction of a single-family or two-family home and permitted accessory structures or landscaping on a residential parcel in other than a PORT, overlay, or special district.
(b)
The removal of structures, trees, or other similar appurtenances to real property.
(c)
The placement of utility structures below grade, or the repair, replacement, or removal of utilities above, at, or below grade.
(d)
The grading of less than 1000 cubic yards of earth on the property.
(2)
For additions less than 34 percent of the square footage of the existing structure, the Director may waive an application, require an application for administrative review, or require an application for referral to the appropriate decision maker, at the Director's discretion, based on: visual impact of the change, intensity owing to the change, or a change in traffic, parking, or access.
(3)
Modifications to existing structures that result in no change in the square footage of the structure do not require an application unless, in the determination of the Director, a modification varies from the approved development plan, or is a significant modification. In determining whether a modification is significant under this clause, the Director will consider the visual impact of the modification, the extent of the modification, its compatibility with neighboring uses, and whether it goes beyond painting, replacement of awnings or similar cosmetic changes which do not alter the character of the development. For modifications requiring an application under this clause, the Director is the decision maker, subject to appeal to the Planning Commission. The Director may modify the application requirements based on the modification requested.
(4)
Driveways or other paving 30 feet or less in width.
(5)
Landscaping that does not involve the construction of structures or stacking of retaining materials over four feet above grade.
11-301.3.
Nothing herein eliminates the obligation to obtain other permits, licenses, or approvals as otherwise required by Coon Rapids City Code, or state or federal law.
An application may be made by the City Council, the Planning Commission, Board of Adjustment and Appeals, owner, user, or the potential user of the subject property. For this Section, "user" or "potential user" means an entity with a legal interest in the property tantamount to ownership or control as pertaining to the application, and includes an option to purchase the property.
All applications to be granted must conform to the procedural requirements of this Chapter, and must comply with the requirements of the district or districts in which the lands to which they apply are situated, as well as with applicable General District Standards (Section 11-1200), and state and federal laws. Applications which can be granted only subject to external considerations, such as the granting of a variance or a permit from another state agency, may be accepted as complete applications; provided, the decision-making body may not approve an application unless conditioned upon the meeting of such external considerations.
11-304.1
Commercial Use Antennae.
(1)
When used; Process. An application is required to construct or modify a commercial use antenna tower. For applications within a residential area, the Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application. For all other areas of the City, the Director is the decision maker with an appeal available to the City Council
(2)
Standards for Approval. Decisions will be based on compliance of the application with the provisions of Section 11-1400.
11-304.2
Conditional Use Permits.
(1)
When used; Process. A Conditional Use Permit application is required for approval of those uses designated in a zoning district that require specific conditions for approval. The Planning Commission must conduct a public hearing and is the decision maker, subject to appeal to the City Council.
(2)
Standards for Approval. Some uses, while normally not suitable in a zoning district due to nuisance characteristics or incompatibility with permitted uses, are suitable under special circumstances. A use may be permitted as a conditional use if the decision maker finds the applicant demonstrates:
(a)
The conditional use will be in conformity with the city's Comprehensive Land Use Plan, and with the purpose, intent, and applicable standards of this Title;
(b)
The establishment or maintenance of the conditional use will not be detrimental to the public health, safety, or general welfare;
(c)
The conditional use will be located, designed, maintained, and operated to be compatible with the existing or intended character of that zoning district;
(d)
The conditional use will not depreciate property values;
(e)
The conditional use will not be hazardous, detrimental, or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness, electrical interference, or other nuisances;
(f)
The conditional use will generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to the adjoining properties;
(g)
The conditional use will be served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks;
(h)
The conditional use will not create excessive additional requirements at public cost for public facilities and services; and will not be detrimental to the economic welfare of the city;
(i)
The conditional use will preserve and incorporate the site's important natural and scenic features into the development design;
(j)
The conditional use will cause only minimal adverse environmental effects; and
(k)
The City Council may waive one or more of the above requirements upon receipt of an application for a conditional use permit for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between political subdivisions of the state would be best served by such waiver.
11-304.3
Elements Plans.
(1)
When Used; Process. An Elements plan must be provided in a special district, PORT, or overlay district, unless specifically excluded in that district's special standards. An Elements Plan is adopted by City Council resolution to promote a development area's continuity and theme that may prescribe, in both graphic and verbal form, public and private improvements including, but not limited to, site architecture, landscape materials and treatments, lighting design, building treatments and colors, signage, fences, walls, railings, seating, litter receptacles, and other street furniture and structures. The Planning Commission makes a recommendation prior to City Council determination.
(2)
Standards for Approval. An Elements Plan will:
(a)
Improve visual appearance;
(b)
Improve usability and safety;
(c)
Create a unified corridor or district image;
(d)
Provide a common, corridor or district wide theme; and
(e)
Provide special enhancements and create unique Port or sub-district identities.
11-304.4
Master Plans.
(1)
When used; Process. Master Plans are required in PORT districts and special districts, unless otherwise stated in that district's regulations. A Master Plan is a conceptual plan for a defined development area that includes, but is not limited to, proposed uses and use relationships, densities or Floor Area Ratios for each use classification, site circulation, pedestrian systems, parking plans, open space locations, and examples of proposed building types. The Planning Commission holds a public hearing and make a recommendation to City Council, which makes the determination on the plan.
(2)
Standards for Approval. The findings necessary for approval of the Master Plan include, but are not limited to, the following:
(a)
The Master Plan is consistent with the intent of this District.
(b)
The Master Plan reflects development that:
(i)
Is not detrimental to the public health, safety, or general welfare;
(ii)
Does not depreciate property values;
(iii)
Is not hazardous, detrimental, or disturbing to surrounding uses, or that creates pollution, vibration, general unsightliness, electrical interference, or other nuisances;
(iv)
Does not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to adjoining properties;
(v)
Is served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks;
(vi)
Does not create excessive additional requirements at public cost for public facilities and services; and is not detrimental to the economic welfare of the City; and
(vii)
Causes minimal adverse environmental effects.
(c)
Each phase or stage of the plan can, as an independent unit, meet the requirements of this Chapter and Title 11.
(d)
The area surrounding the plan can be developed in coordination with and in substantial compatibility with the plan.
11-304.5
Mining Permits.
(1)
When used; Process. Mining permits are required for any person to remove, store, fill or excavate rock, sand, dirt, gravel, clay, peat or similar material. For up to 1,000 cubic yards the permit is available from the Director. If over 1,000 cubic yards, a conditional use permit is required. Exceptions to the required permit are available per Section 11-1103.
(2)
Standards for Approval. Mining permits are subject to the standards found in Section 11-1103 Mining and Land Reclamation.
11-304.6
Planned Unit Developments.
(1)
When used; Process. A site plan that allows for design flexibility and creativity not normally allowed under the strict application of zoning regulations. The Planning Commission, following a public hearing, must make a recommendation to the City Council which makes a determination on the application.
(2)
Standards for Approval. The findings necessary for approval shall include, but not be limited to, the following:
(a)
The plan is consistent with the intent of this Chapter.
(b)
The plan meets the standards required for a conditional use in Subsection 11-304.3.
(c)
Each stage of the plan can exist as an independent unit.
(d)
The area surrounding the plan can be developed in coordination with and in substantial compatibility with the plan.
(e)
Any proposed density transfer is consistent with the preservation and enhancement of important natural features of the site.
(f)
Any density bonus is consistent with Section 11-902.
(g)
The plan exceeds the zoning district standards for uses most similar in function to the proposed uses.
11-304.7
Site Plans.
(1)
When used; Process. A Site Plan is a plan that shows the structures and integration of uses on the property. The Planning Commission must conduct a public hearing and is the decision maker, subject to appeal to the City Council.
(2)
Standards for Approval. The following findings must be made before a site plan may be approved. The site plan must:
(a)
Be compatible with the surrounding land uses;
(b)
Preserve existing natural features whenever possible;
(c)
Achieve a safe and efficient circulation system;
(d)
Not place excessive traffic loads on local streets;
(e)
Conform to the city's plans for parks, streets, service drives, and walkways;
(f)
Conform to the city's Comprehensive Land Use Plan;
(g)
Achieve a maximum of safety, convenience, and amenities;
(h)
Show sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development;
(i)
Not create detrimental disturbances to surrounding properties;
(j)
Shall meet all the requirements of this Title, unless a variance has been granted from such requirements; and
(k)
Show efforts to conserve energy whenever practical.
11-304.8
Variances.
(1)
When used; Process. A request under Minn. Stat. 462.357 to vary from the standards of this title. A public hearing is required, and the Board of Adjustment and Appeals is the decision maker, subject to appeal to the City Council.
(2)
Standards for Approval. A variance may be granted after the following findings are made:
(a)
The variance is in harmony with the general purposes and intent of the ordinance from which the variance is requested.
(b)
The variance is consistent with the Comprehensive Plan.
(c)
The applicant demonstrates there are practical difficulties in complying with the ordinance from which the variance is sought. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Economic considerations alone do not constitute practical difficulties. In determining this standard, all the following must be met:
(i)
Unless the variance is granted, the property cannot be used in a reasonable manner. If a property can be used reasonably without the granting of a variance, it can be used in a reasonable manner.
(ii)
The variance requested must be the minimum to make reasonable use of the property.
(iii)
The plight of the applicant or landowner is due to circumstances unique to the property not created by the applicant or landowner.
(iv)
The variance, if granted, will not alter the essential character of the locality.
(d)
Special exemption for earth-sheltered construction: Variances must be granted for earth sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with the ordinance.
(3)
Notice of Public Hearing. The Board of Adjustment and Appeals Chair shall cause a notice of the public hearing to be mailed, at least ten days and not more than 20 days before the day of such hearing, to each property owner of affected property and property wholly or partially within 350 feet of the property to which such action relates. The notice must include the legal description of the property and common name designation of its location. The notice must state the time, place, and purpose of the hearing and that hearing will be held before the Board of Adjustment and Appeals. Failure to give notice or any defects in the notice shall not invalidate the proceedings.
[Revised 10/15/13 Ordinance 2109]
11-304.9
Rezonings and Comprehensive Land Use Plan Changes.
(1)
When used; Process. An application is required to propose a change in the zoning or land use designation of a property. The Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application.
(2)
Standards for Approval. The determination whether to rezone a parcel must consider:
(a)
The health, safety, order, convenience and general welfare;
(b)
Effect on present and potential surrounding land uses; and
(c)
Whether or not the proposal is in conformance with the City's Comprehensive Land Use Plan and any applicable development district.
11-304.10
Subdivisions of Land.
(1)
When used; Process. An application is required to propose the subdivision of property. The Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application.
(2)
Standards for Approval. The determination whether to subdivide property must consider:
(a)
Surrounding land uses, traffic control, zoning regulations, future developments, plans for parks, walkways, and street extensions, the availability of public sewer and water and conformance with the City's Comprehensive Plan.
(b)
Subdivision are also subject to the standards found in Section 11-1500.
11-304.11
Ordinance Amendment.
(1)
When used; Process. An application is required to propose a change in the zoning code. The Planning Commission, following a public hearing, must make a recommendation to the City Council, which makes a determination on the application.
(2)
Standards for Approval. The determination whether to approve an ordinance amendment must consider:
(a)
The health, safety, order, convenience and general welfare;
(b)
Effect on present and potential land uses; and
(c)
Whether or not the proposal is in conformance with the City's Comprehensive Land Use Plan and any applicable development district.
11-305.1
Application Contents. The application must be in writing to the Community Development Director or designee ("Director") on such forms as the Director may designate. The application must include, but is not limited to:
(1)
The signature of each owner or agent of the affected property;
(2)
For zoning and Land Use Plan amendments, the proposed amendment to the text;
(3)
The legal description of the property;
(4)
The common address, if it exists;
(5)
The present use;
(6)
Any maps, drawing, and plans that the Director considers to be of value in considering the application.
(7)
For conditional use permits, a description of the proposed conditional uses and a plan of the proposed site showing the location of all easements, lot lines, buildings, parking lots, vehicular, bicycle and pedestrian circulation, open spaces, landscaping, and refuse and service areas.
(8)
For site plans, a scaled drawing of the following items, unless waived by the Director:
(a)
Lot or parcel;
(b)
Existing grades and buildings within 100 feet of the site;
(c)
Finished grades and proposed drainage;
(d)
Proposed buildings and their entrances and exits;
(e)
Interior circulation, including: bike and automobile parking spaces, loading spaces, driveways, stacking spaces, walks, curbing, and lighting;
(f)
Recreation areas;
(g)
Proposed landscaping specifications and locations;
(h)
Existing trees of six inches in diameter or more; and
(i)
Proposed screening.
(9)
For variance requests, a description of the variance request and a statement demonstrating that the variance would conform to the requirements necessary for approval.
(10)
For subdivisions of land, a preliminary and final plat under Section 11-1500.
(11)
A non-refundable application fee as set by ordinance. On proof of financial hardship, the City Manager, or the Manager's designee, may waive the application fee.
(12)
If a written request is received that does not contain all required information, the Director must, within 15 business days of receipt of the request, notify the applicant in writing what information is missing. The Director may reject as incomplete a request not on a form designated by the Director.
11-305.2.
Time Deadlines for Action. Upon receipt of a completed application for developments regulated by this Title enumerated in Minn. Stat. §15.99, Subd. 1c, the application must be approved or denied within 60 days, subject to any extension authorized by Minn. Stat. §15.99, Subd. 3. For land subdivisions, the time deadline is as regulated by Minn. Stat. §462.358, or 120 days, whichever period is longer, subject to any extension authorized by Minnesota Statute. These time limits do not apply to city initiated applications, or in circumstances where the applicant waives the time limits.
11-305.3
Action on Application.
(1)
The following table illustrates what actions are required for application determination:
1 A majority of two-thirds of those members voting on the motion is required to grant a variance. The Board of Adjustment and Appeals is not authorized to approve as a variance a use that is not permitted in the zoning district.
2 A majority of two-thirds of all members of the City Council is required to amend or reject the Board's decision. [Revised 10/15/13 Ordinance 2109]
3 See Section 11-304.9(3) Notice of Public Hearing. [Revised 10/15/13 Ordinance 2109]
(2)
The Director has the authority to, and must deny an application if the Director finds:
(a)
The proposed use or uses are not among the allowed uses in the zoning district;
(b)
The application is not complete;
(c)
The applicant has not paid all fees, charges, taxes, special assessments and other debts that are due from the applicant and payable to the City regarding any matter; or
(d)
The applicant is not in compliance with all ordinance requirements and attached conditions regarding other city approvals that have been granted to the applicant for any matter.
(3)
For administrative applications, and otherwise where the Director is the decision maker, there is no public hearing. The Director must approve, deny, or approve with conditions the application. The Director may waive the requirements of subsection 11-305.3(2)(c) or (d) in the following circumstances:
(a)
The applicant has provided sufficient safeguards to assure payment of debts or compliance with City requirements within a reasonable time after the City approval; or
(b)
Enforcement of the requirements would result in a significant hardship to the applicant through no fault of the applicant, or would result in an otherwise unfair situation.
(4)
An appeal of the determination of the Director under subsection (2) is to the Board of Adjustment and Appeals. The sole issue for the appeal is the propriety of the denial. An appeal of the Director under subsection (3) is to the appropriate decision maker for that type of application, who shall affirm, amend, or reject the Director's determination.
(5)
When a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the request provided that those voting against the motion state on the record the reasons why they oppose the request.
(6)
Except as provided in subsection 11-305.3(5), if an application is denied, the entity denying the request must state in writing the reasons for the denial at the time it denies the application and provide the applicant in writing a statement of the reasons for the denial. If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under subsection 11-305.2. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.
11-305.4
Timing of Hearings on Application; Public Notice.
(1)
Upon submission of a complete application, the Director must place the matter before the appropriate board or commission, subject to the timing rules herein. On applications where the Director is the decision maker, the decision must be made in accordance with subsection 11-305.3.
(2)
For applications requiring a public hearing, if not specifically otherwise stated for the use involved, the following notice rules apply:
(a)
The Director must publish notice of the public hearing in the official newspaper of the city at least ten days and not more than 20 days before the day of the hearing. The notice shall include:
(i)
The general description of the property, and the common name designation of its location, if it exists;
(ii)
The time, place, and purpose of the hearing;
(iii)
The entity before which the hearing will be held.
(b)
The notice must also be mailed at least ten and not more than 20 days before the day of such hearing to each owner of affected property and property situated wholly or partly within 350 feet of the outer boundaries of the property to which such action relates. Failure to give notice or any defects in the notice does not invalidate the proceedings.
11-305.5
Procedure Upon Hearing.
(1)
If the application requires a public hearing, the hearing must be closed within 31 days of the initial agenda date, unless the applicant agrees to a continuance. The decision maker must act within 31 days of the date of the closing of the public hearing, if one is held, or within 60 days of the initial agenda date, unless the applicant agrees to a continuance. For actions in which the City Council is the initial decision maker, the Director shall place the item before the Council within 30 days of the action of the recommending body. These time periods do not apply to city initiated applications.
(2)
For actions in which the body involved, other than the City Council, makes the initial decision on the application, the decision is final unless the applicant, the Director, or any person aggrieved by the decision appeals the decision to the City Council in the manner prescribed by subsection 11-305.6.
11-305.6
Appeals.
(1)
An appeal of a decision other than that of the City Council must be made in writing, stating in particular the objection or objections to the decision, to the Director within ten days of the decision, and on such form and including such information as the Director may require. An appeal of the Director's determination that an appeal is untimely or incomplete must be referred to the Board of Adjustment and Appeals at its next available meeting.
(2)
Upon the filing of a proper appeal, the Director must place the appeal before the City Council at its next available meeting, but not less than ten days after the date of filing, and notify the appellant of the date, time, and place of the meeting. The appellant may appear in person, or by or with counsel, and may present evidence in support of the appeal. The City Council must affirm, amend, or reject the decision of the body making the initial decision.
11-305.7
Termination of Plan Approval. For site plans and planned unit developments, approval of an application is effective for one year. Upon written application by the developer, the City Council, following review and recommendation by the Planning Commission, may extend plan approval for one period of up to one year upon finding:
(1)
The proposed use or uses are consistent with the zoning current at the time of the request for an extension is considered; and
(2)
The project design meets applicable City Code standards, including this Section, in effect at the time the request for an extension is considered.
(Ord. No. 2129, 2-17-15)
Flexibility is not allowed unless specifically granted in the zoning district for the request involved. Flexibility is specific to the development involved, and does not constitute a variance that runs with the land.
11-306.1
During the site plan consideration process, the Planning Commission shall provide a recommendation to the City Council regarding any proposed dimensional, design standard, or use flexibility request.
11-306.2
Dimensional Flexibility. A request to modify the dimensional standards otherwise required by this Title.
11-306.3
Design Standard Flexibility. A request to modify the design standards otherwise required by this Title
11-306.4
Use Flexibility. A request to allow a use or mix of uses not otherwise allowed by this Title.
11-306.5
The decision maker may approve flexibility only where the applicant demonstrates:
(1)
The modification is necessary due to unique circumstances of the development or the site on which the development is placed;
(2)
The modification will result in gained efficiencies, including, but not limited to: better integration of uses; a more efficient organization of uses; additional public amenities; or a significant reduction in environmental impact;
(3)
The plan provides significant site amenities, buffers, and other elements to offset any potential harmful effects that could be caused by the use; and
(4)
The modification significantly advances the intent of this Section.
11-307.1
Compliance with the Zoning Ordinance. No structure or land use will be erected, moved, structurally altered, established, or changed in use without complying with this Title. This Title applies to all lots, parcels, structures, and land uses within the city. Uses not specifically allowed in the district in which they are situated are prohibited.
11-307.2
Construction and Use to be as Provided in Site Plans. Site plans submitted and approved as part of a site plan review, planned unit development, conditional use permit, rezoning, or variance shall authorize only the use, arrangement, and construction set forth in such approved plans.
11-307.3
Development Agreement. Subsequent to approval of the application and prior to issuance of a building permit, the developer must enter into a development agreement with the city for the installation of all improvements necessary for the project.
11-307.4
Revocation of a Conditional Use Permit. A conditional use permit shall be deemed to authorize only one particular conditional use. Such permit may be revoked by the issuing body after a public hearing if:
(1)
The applicant or his agent has not commenced work upon the subject property within one (1) year;
(2)
An existing conditional use ceases operation for a period of one year; or
(3)
The conditional use is being operated and maintained in a manner contrary to this title, the approved conditional use permit, or its conditions.
11-307.5
Revocation of a Home Occupation Permit. A home occupation permit shall be deemed to authorize only one particular use.
(1)
Suspension. The Director may immediately suspend a permit if the permitee or any person working on behalf of the permittee, is determined to be conducting business in an unlawful manner or in any manner that constitutes a breach of the peace, or contrary to this title, or a menace to the health, safety, or general welfare of the public. The suspension must be reviewed by the Planning Commission at the Commission's next regular meeting. The Commission may lift the suspension, lift the suspension with conditions, or continue the suspension with direction that revocation of the license be considered at the next available regular meeting of the Commission.
(2)
Revocation. The permit issued pursuant to this Title may be revoked by the Planning Commission after notice and a hearing for any of the following reasons:
(a)
Any fraud, misrepresentation, or false statement contained in the application for the permit.
(b)
Any fraud, misrepresentation, or false statement made in connection with the operation of the home occupation.
(c)
Any violations of this Chapter.
(d)
Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace, or contrary to this title, or as to constitute a menace to the health, safety, or general welfare of the public.
(e)
Violation of any condition of approval.
(3)
Appeals. The decision of the Planning Commission is subject to appeal to the City Council per subsection 11-305.6 Appeals.
11-307.6
Violations. Violations of this Title will be processed pursuant to Chapter 2-1100. The Director is authorized to issue citations for violations of this Title.
11-308.1
Conflicting Provisions. In the event that the provisions of this Title are inconsistent with one another or if the provisions of this Title conflict with provisions found in other adopted regulations of the city, the more restrictive provision will control. When the provisions of this Title impose a greater restriction than imposed by any easement, covenant, deed restriction or private agreement, the provisions of this Title control. In the event of a conflict between the city's Comprehensive Plan and Zoning Ordinance, the city reserves the right to reconcile the conflict in any manner it legislatively determines to most effectively promote the public health, safety and welfare.
11-308.2
Severability. If any chapter, section, subsection, sentence, clause, or phrase of this title is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this title. The City Council hereby declares that it would have adopted the title in each chapter, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses, or phrases be declared invalid.
11-308.3
Inspection. The Director is hereby authorized and directed to enter upon private property at any reasonable time for the purpose of inspecting that property for compliance with this title or any conditions attached to any variance or permit granted under this title.
11-308.4
Interference Prohibited. Any person who prevents, delays or interferes with the Director in the performance of any duty set forth in this Chapter will be guilty of a misdemeanor.