This section describes the required applications and procedures for development, redevelopment, and changes in use of property in the City of East Bethel.

The fees for applications and for all permits shall be established by the city council by resolution. The acceptance of all applications and issuance of permits shall not occur until a complete application has been filed and the appropriate fees have been paid.

A.

Applications. Applications must be submitted to city staff by the property owner or designated agent on forms provided by the city. Within 15 days following the receipt of the application, the city shall determine if the application is complete and notify applicants of an incomplete application. If the application is deemed incomplete, the application shall not be placed on the planning commission agenda until the application is made complete.

B.

Schedule. Upon receipt of an application that contains all required information, city staff shall schedule the matter for review by the planning commission. From the date the city receives the completed application containing all required information, the city council must approve or deny the application within 60 days. The city may extend the 60-day period by providing written notice of the extension to the applicant before the end of the initial 60-day period. This notification must state the reason for the extension and its anticipated length, which may not exceed 60 days.

C.

Notification. All applications for development proposals requiring a public hearing must be advertised to allow informed participation by all interested parties and to comply with applicable state statutes.

D.

Applications that require a public hearing. The following applications require public hearings:

1)

Zoning text and map amendments;

2)

Conditional use permits, amendments, and revocations;

3)

Variances;

4)

Preliminary plats;

5)

Subdivision concept plans;

6)

Planned unit developments (PUDs); and

7)

Interim use permits (IUP).

E.

Planning commission and city council actions.

1)

The planning commission may recommend such actions or conditions relating to the application as it deems necessary to carry out the intent and purpose of this chapter and the comprehensive plan.

2)

The city council may adopt, modify, or reject any recommendation of the planning commission.

3)

At any time before final action is taken on an application, the applicant may request a continuance of action by the planning commission and city council, or withdraw the application by submitting a letter to the city stating the applicant's desire to do so. The city may retain any portion of the fees spent in the processing of the application. The city may establish a time limit on any continuations.

A.

Purpose. The purpose of the certificate of compliance provisions of this section is to authorize and regulate uses in zoning districts that require a certificate of compliance.

B.

Application. Whenever this ordinance requires a certificate of compliance as specified for a particular use or within a specific zoning district, a written application shall be filed with the city. The application shall be accompanied by development plans for the proposed use showing such information as may be reasonably required by the city.

C.

Compliance. The use shall conform to the regulations specified in this ordinance.

D.

Issuance and conditions. If the city determines that the use is in compliance with the conditions contained in this ordinance, the city shall issue the certificate. Conditions required by this ordinance shall be applied to issuance of the certificate of compliance, and a periodic review of the certificate and proposed use may be required.

E.

Record of certificates of compliance. The city shall maintain a record of all certificates of compliance issued including information on the use, location, and conditions imposed as part of the permit such as time limits, review dates, and such other information as may be appropriate.

F.

Appeals to denial of certificates of compliance. If the request for a certificate of compliance is denied, if conditions are imposed, or if revoked, the applicant may appeal the decision pursuant to Section 02. Responsibilities, Enforcement, and Appeals. The procedures to be followed in presenting the appeal shall be the same as those followed for an appeal of any administrative decision made by the city.

G.

Expiration of certificates of compliance. A certificate of compliance shall expire and be considered null and void one year after it has been issued if the use has not been established.

H.

Revocation. A violation of any condition set forth in a certificate of compliance shall be a violation of this section; failure to correct said violation within 30 days of written notice from the city shall terminate the certificate of compliance unless an appeal is filed pursuant to Section 02. Responsibilities, Enforcement, and Appeals.

A.

No structure, except those which are governed by the provisions relating to a certificate of compliance, shall be erected or structurally altered until a building permit is issued indicating that the existing or proposed structure and the use of the land comply with this chapter and all pertinent building codes.

B.

All applications for building permits pertaining to the erection or alteration of a structure shall be made to the city on forms furnished by the city.

C.

No site preparation work, including rough grade, driveway construction, and footing excavation, shall occur prior to city approval.

D.

Building permit shall expire one year after issuance. The permit may be renewed any amount of times as long as progress is being made by the applicant as required in the building code, unless prior arrangements have been made by the city and the applicant.

A.

County. Access drives onto county roads shall require an access permit from the Anoka County Public Works Department. This permit shall be issued before issuance of any building permits. The county engineer shall determine the appropriate location, size, and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.

B.

State. Access onto any state highway shall require the approval of a permit from the Minnesota Department of Transportation (Mn/DOT). This permit shall be issued before issuance of any building permits.

C.

City. Access onto any local city street shall also require approval of the public works department. This approval shall be granted prior to the issuance of any building permits.

(Ord. No. 2021-06, 10-11-2021)

A.

In areas without public sewer facilities, no building permit for any use requiring on-site waste treatment and disposal shall be issued until a septic design has been approved.

B.

A septic permit shall be issued only after the applicant furnishes proof that a suitable on-site waste treatment and disposal system can be installed on the site. Such systems shall conform to all of the requirements of the current on-site waste treatment and disposal regulations of the city, including percolation tests and borings.

A.

It shall be unlawful to use, occupy, or permit the use or occupancy of any building or structure, or portion of building or structure, constructed, erected enlarged, altered, converted, or moved onto a lot within the city until a certificate of occupancy has been issued.

B.

A certificate of occupancy shall be issued within ten days after the building official has determined the building or structure and use are in conformance with all provisions of this chapter and that all conditions for issuance have been met. A record shall be kept of all certificates issued.

a.

A temporary certificate of occupancy may be issued. In order to ensure compliance with this chapter, conditions may be imposed on the issuance of a temporary certificate of occupancy, including posting a bond or other financial security acceptable to the city. Issuance of a temporary certificate shall not alter the rights or obligations of the owner, tenant, or city with respect to full compliance with the requirements of this chapter or other provisions of the city Code.

b.

A certificate of occupancy may be revoked if the building or use is no longer in compliance with this chapter. The city shall have authority to enforce the revocation of the certificate of occupancy by appropriate means. Upon revocation, the building or structure shall not be used for any purposes until issuance of a new certificate of occupancy.

A.

Purpose. The purpose of a conditional use permit (CUP) and an interim use permit (IUP) is to authorize and regulate uses that are permitted by this chapter if certain conditions, having been designated by this chapter or by the city council, are met. The use shall comply with all standards of this chapter and any additional conditions, including conditions of operation, location, arrangement, and construction, as may be necessary to protect public health, safety, or welfare.

B.

Application. Application for a CUP or IUP shall be made to the city on an official city application form. An application for a CUP or IUP shall be accompanied by a fee as set forth by the city council. Such application shall also include written and graphic materials fully explaining the proposed change, development, or use. The city may require that the applicant submit the following information before the application can be deemed complete:

1)

Legal description of the subject property;

2)

Evidence of ownership or an interest in the property;

3)

General location map;

4)

Principal land uses within 350 feet of the property;

5)

Certificate of survey, to scale, showing applicable existing and proposed conditions including property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well;

6)

Landscape plan drawn to scale showing applicable existing and proposed vegetation and plantings, plant schedule including information about the plant size, quantity, type and root condition, and groundcover;

7)

Grading and drainage plan;

8)

Soil conditions;

9)

Building floor plans, elevations, and sections;

10)

Description of type of business or activity and proposed number of employees; and

11)

Other information as may be required by the city.

C.

Notice.

1)

Pursuant to Minnesota Statutes, an application for a CUP or IUP shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to Minn. Stats. § 15.99. If the initial 60 day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

2)

Upon receipt of a complete application, as determined by the City and following preliminary staff analyses of the application, the City, when appropriate, shall set a public hearing following proper hearing notification. Notice of the hearing shall be published in the official newspaper at least ten days prior to the hearing. Written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question in the MXU, all business districts, and in the R-1, R2 and CL districts. A notice shall be sent to all owners of land within 1,250 feet of the boundary of the property in question in the RR district.

3)

Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.

D.

Procedure.

1)

The planning commission shall consider if the proposed use is consistent with the general purpose and intent of this chapter and the comprehensive plan. Its judgment shall be based upon, but not limited to, the following:

a)

The impact of the proposed use on the health, safety, and general welfare of the occupants of the surrounding lands;

b)

Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands;

c)

The effect of the proposed use on public utilities;

d)

The effect of the proposed use on property values;

e)

The effect of the proposed use on the comprehensive plan;

f)

The ability of the proposed use to meet the standards of this chapter;

g)

The results of a market feasibility study, if requested by the city, when the purpose for which the conditional use is being requested relies on a business market for its success;

h)

The effects of the proposed use on groundwater, surface water, and air quality;

i)

The proposed use is allowed with a CUP or IUP in the zoning district in which it is proposed; and

j)

The effect of the proposed use on natural resources.

2)

The planning commission, city council, and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the consent of the applicant.

3)

The applicant or the applicant's representative may appear before the planning commission and city council in order to present information and answer questions concerning the proposed request.

4)

The planning commission shall make findings of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff.

5)

The city council shall not grant a CUP or IUP until it has received a report and a recommendation from the planning commission and the community development department, or until 60 days after the first regular planning commission meeting at which the request was considered except as may be limited by Minn. Stats. § 15.99.

6)

Upon receiving the recommendation of the planning commission, the community development department shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made a part of the permanent record of the city council meeting.

7)

In connection with the issuance of CUPs and IUPs in nonconforming situations, the city council may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be imposed regarding such matters.

8)

The city council may impose and the applicant shall pay costs incurred by the city for monitoring compliance with the conditions of the CUP or IUP.

9)

Approval of a request shall require passage by a majority vote of the entire city council.

E.

Certification of taxes paid. Prior to approving an application for a CUP or IUP, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the CUP or IUP application relates.

F.

Length of conditional use and interim use. Any use permitted under the terms of any CUP or IUP shall be established and conducted in conformity with the terms of such permit and of any conditions imposed in connection therewith. CUPs shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this chapter shall prevent the city council from acting or amending official controls to change the status of conditional uses. IUPs shall remain in effect for as long as stated in city council approved conditions.

G.

Revocation.

1)

A violation of any condition set forth in a CUP or IUP shall be a violation of this chapter, and failure to correct said violation within 30 days of written notice of the violation from the city may result in revocation of the permit. The city council may grant an extension of up to 60 days to correct the violation(s).

2)

Revocation shall not occur earlier than ten city business days from the time the written notice of revocation is served upon the permittee or, if a hearing is requested, until written notice of the city council action has been served on the permittee.

3)

Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain:

a)

The effective date of the revocation;

b)

The nature of the violation(s) constituting the basis of the revocation;

c)

The facts which support the conclusion that a violation(s) have occurred, and:

d)

Notice that the permittee may appeal the revocation by filing a written request for a hearing with the city administrator within ten city business days following the date of service.

4)

The written hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the City of East Bethel by midnight of the tenth city business day following the date of service.

5)

Following the receipt of a request for a hearing, the city shall set a time and place for the hearing which shall be conducted in accordance with the procedures to appeal decisions of the city as set forth in this chapter.

6)

The permittee must satisfy the conditions of the CUP or IUP approved by the city council within 60 days. Unless the permittee requests and receives from the city council an extension of time, failure to satisfy the conditions within 60 days will render the permit void.

H.

Records of CUPs and IUPs. A certified copy of any CUP or IUP shall be filed with the Anoka County Recorder or Registrar of Titles. The city shall maintain a record of all CUPs and IUPs issued including information on the use, location, conditions imposed by the city council, time limits, review dates, and such other information as may be appropriate.

I.

Amendment. Holders of a CUP or IUP may propose amendments to the permit at any time following the procedures for a new permit set forth in this chapter. No significant changes in the circumstances or the scope of the permitted uses shall be undertaken without approval of those amendments by the city council. The city shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, and operational modifications resulting in increased external activities and traffic, and the like. The planning commission may recommend and the city council may approve significant changes and modifications to CUPs or IUPs, including the application of additional or revised conditions.

J.

Expiration. Any CUPs granted by the city shall "run" with the land and shall be perpetual unless violation of conditions has occurred and city council has taken action for the revocation of the CUP. Unless the city council specifically approves a different time when action is officially taken on the request, IUPs which have been issued under the provisions of this chapter shall expire without further action by the planning commission or city council unless the applicant commences the authorized uses within three years of the date the IUP is issued.

K.

Reapplication. No application for a CUP or IUP for a particular use on a particular parcel shall be resubmitted for a period of one year from the date of the denial of the previous application unless a decision to reconsider such matter is made by a majority vote of the full city council.

(Ord. No. 2021-06, 10-11-2021)

A.

Purpose. The purpose of the variance provisions of this chapter is to provide for deviations or variations from the provisions of this chapter in instances where their strict enforcements would cause practical difficulties because of circumstances unique to the individual property under consideration.

B.

Application. Application for a variance shall be made to the city on forms provided by the city. An application for a variance shall be accompanied by a fee as set forth by city council. Such application shall also include written and graphic materials fully explaining the requested variance. The city may require that the applicant submit the following information before the application can be deemed complete:

1)

A certificate of survey or map of the property that shows all lot lines, existing and proposed structures, driveways and parking areas, significant topographical features, and significant trees;

2)

Evidence of ownership or an interest in the property, and its legal description;

3)

A written description of the variance request including an explanation of compliance with the variance criteria set forth in this chapter;

4)

Building floor plans, elevations, and sections;

5)

Grading and drainage plan;

6)

Impervious surface calculations; and

7)

Other information as may be required by the city.

C.

Notice.

1)

Pursuant to Minnesota Statutes, an application for a variance shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to Minn. Stats. § 15.99. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

2)

Upon receipt of a complete application, as determined by the city, and following preliminary staff analysis of the application, the city, when appropriate, shall establish a time and place for consideration of the application by the planning commission. At least ten days before the date of the meeting, a written notice of the meeting shall be published in the official newspaper and mailed to all owners of land within 350 feet of the boundary of the property in question in the MXU, all d R-1, R-2, and CL districts; and 1,250 feet of the boundary of the property in question in the RR district.

3)

Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.

D.

Procedure.

1)

The planning commission shall not recommend approval of any variance application unless it finds that failure to grant the variance will result in practical difficulties on the applicant and, as may be applicable, all of the following hardship criteria have been met:

a.

To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause practical difficulties 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 or the 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 an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.

b.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance.

2)

The city shall have the authority to request additional information from the applicant.

3)

The applicant or the applicant's representative may appear before the planning commission to present information and answer questions concerning the request.

4)

The planning commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as it deems necessary to carry out the purpose of this chapter. Such recommendations shall be in writing and accompanied by the report and recommendation of the city staff.

5)

Upon receiving the report and recommendation of the planning commission and the city staff, the city shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent record.

6)

Approval of the request shall require passage by the majority of the entire city council.

7)

In granting a variance, the city council, after considering the recommendations of the city staff and the planning commission, shall impose such conditions as it deems necessary to carry out the purpose of this chapter.

E.

Expiration. Any variance granted by the city shall run with the land and shall be perpetual. However, if no building permit has been issued or substantial work performed on the project within one year of approval, then the variance shall be null and void. The city council may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by such extension. If the variance is part of an approved site and building plan, extension of the time for construction shall be contingent upon a similar extension of the time for the site and building plan by the city council as required by this chapter. Once the project is completed as approved, the variance becomes perpetual.

F.

Specific project. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial compliance with the building plans and specifications reviewed and approved by the city.

G.

Certification of taxes paid. Prior to approving an application for a variance, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the variance application relates.

H.

Records of variances. A certified copy of any variance shall be filed with the Anoka County Recorder or Registrar of Titles. The city shall maintain a record of all variances issued including information on the use, location, conditions imposed by the city council, time limits, review dates, and such other information as may be appropriate.

I.

Reapplication. No application for a variance for a particular use on a particular parcel shall be resubmitted for a period of one year from the date of denial of the previous application unless a decision to reconsider such matter is made by a majority vote of the full city council.

J.

Revocation.

1)

A violation of any condition set forth in a variance shall be a violation of this chapter, and failure to correct said violation within 30 days of written notice of the violation from the city may result in revocation of the permit. The city council may grant an extension of up to 60 days to correct the violation(s).

[2])

Revocation shall not occur earlier than ten city business days from the time the written notice of revocation is served upon the permittee or, if a hearing is requested, until written notice of the city council action has been served on the permittee.

[3])

Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. Such written notice of revocation shall contain:

a)

The effective date of the revocation;

b)

The nature of the violation(s) constituting the basis of the revocation;

c)

The facts which support the conclusion that a violation(s) have occurred; and

d)

Notice that the permittee may appeal the revocation by filing a written request for a hearing with the city administrator within ten city business days following the date of service.

[4])

The written hearing request shall be in writing stating the grounds for appeal and served personally or by registered or certified mail on the City of East Bethel by midnight of the tenth city business day following the date of service.

[5])

Following the receipt of a request for a hearing, the city shall set a time and place for the hearing which shall be conducted in accordance with the procedures to appeal decisions of the city as set forth in this chapter.

[6])

The permittee must satisfy the conditions of the variance approved by the city council within 60 days. Unless the permittee requests and receives from the city council an extension of time, failure to satisfy the conditions within 60 days will render the permit void.

(Ord. No. 19, Third Series, 6-10-2019; Ord. No. 2021-06, 10-11-2021)

A.

Purpose. This section specifies the procedures for amendments to the text of this chapter or associated official zoning map.

B.

Application.

1)

An amendment to the text of this chapter or a change in the boundaries or designations in the official zoning map may be initiated by a simple majority of the city council. Any persons owning property within the city, or their designated agent, may initiate an application to amend the district boundaries or designation on the official zoning map for property in which they have a real estate interest.

2)

A request for an amendment to the text of this chapter or a change in the boundaries or designations in the official zoning map shall be filed with the city on an official application form. Such application shall be accompanied by a fee as set forth by the city council. Such application shall include detailed written and graphic materials fully explaining the request. The city may require that the applicant submit the following information before the application can be deemed complete:

a)

The name and address of the applicant(s) and fee owners;

b)

The legal description of the area proposed to be rezoned;

c)

The name and addresses of all the owners of property lying within such area, and a description of the property owned by each;

d)

The present zone classification of the area and the proposed zone classification;

e)

A description of the present use of each separately owned parcel within the area, and the intended use of any parcel of land therein;

f)

A site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping, and other improvements;

g)

A statement of how the rezoning would fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city;

h)

A survey showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 350 feet in the MXU all business districts and R-1, R-2 and CL districts, and 1,250 feet in the RR district, including the street pattern of such area, together with an a addresses of the owners of the land in each area;

i)

Proof of ownership of the property;

j)

Such other information as the city may require.

C.

Notice.

1)

Pursuant to Minnesota Statutes, an application for an amendment to the text of this chapter or a change in the boundaries or designations in the official zoning map shall be approved or denied within 60 days from the date of its official and complete submission. The 60-day review period can be extended an additional 60 days pursuant to Minn. Stats. § 15.99. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.

2)

Upon receipt of a complete application as determined by the city, and following preliminary staff analysis of the application, the city, when appropriate, shall set a public hearing following proper hearing notification. Notice of said hearing shall be published in the official newspaper at least ten days prior to the hearing. Written notification of said hearing shall also be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question if the property to which the amendment applies is an area of five acres or less.

3)

Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.

D.

Procedure.

1)

The planning commission shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following:

a)

The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the city comprehensive plan;

b)

The proposed action meets the purpose and intent of this chapter and in the case of a map amendment, it also meets the purpose and intent of the individual district;

c)

There is adequate infrastructure available to serve the proposed action;

d)

There is an adequate buffer or transition between potentially incompatible districts;

e)

The proposed type of building development is in the best interest of the entire city;

f)

The proposed action will not adversely affect property values; and

g)

The proposed action is in the interest of the health, safety, and welfare of the public.

2)

The planning commission, city council, and city staff shall have the authority to request additional information from the applicant.

3)

The applicant or the applicant's representative may appear before the planning commission in order to present information and answer questions concerning the proposed request.

4)

The planning commission shall make findings of fact and make a recommendation on the request. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff.

5)

Upon receiving the report and recommendation of the planning commission and the city staff, the city shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made a part of the permanent record of the city council meeting.

6)

Approval of a request shall require passage by a majority vote of the entire city council, except that an amendment changing a district from residential to commercial or industrial shall require a two-thirds majority vote.

(Ord. No. 2021-06, 10-11-2021)

A.

Purpose. The purpose of this section is to establish a formal site plan review procedure that will assist the city in achieving safe, functional, and attractive development. Site plan review is required for uses, other than the exempted uses below, prior to issuance of a building permit for new construction or additions to commercial buildings greater than 25 percent of the existing building footprint, and is required in conjunction with an application for a:

1)

CUP/IUP;

2)

Plat;

3)

Commercial development;

4)

Variance;

5)

Rezoning; and

6)

PUD.

B.

Exemptions from review. The following uses shall be exempted from the site plan review requirements:

1)

Agricultural uses in the agriculture (A) and rural residential (RR) districts;

2)

Single-family detached and attached dwellings;

3)

Single-family attached dwellings approved by PUD and/or subdivision.

C.

Site plan review. Prior to developing a final site plan for submission, applicants must submit a concept plan to the city for review and comment.

1)

City staff shall have the authority to refer the concept plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions, comments, or suggestions offered in this preliminary review shall not constitute a binding decision on the request.

D.

Application. The following data shall be submitted in conjunction with an application for site plan review. The city may waive some requirements depending on the complexity of the proposal.

1)

Certificate of survey. The survey shall be drawn to scale of not more than one inch equals 50 feet and include the following information:

a)

The date, north point, map scale, name and address of the applicant, owner, operator, surveyor, engineer and designer, including their license numbers and seals;

b)

A correct boundary survey and legal description of the subject property;

c)

Depiction of all existing ecological features such as watercourses, lakes, wetlands, wooded areas, and rock outcrops;

d)

The location, right-of-way width, dimensions and names of existing or dedicated streets or other public lands, permanent buildings and structures, easements, section and corporate lines within the subject property and within a distance of 100 feet from the property boundaries;

e)

Descriptions, reference points, and elevations of all benchmarks;

f)

Location of all monuments existing at the time of the survey, and those which the surveyor shall have located at the corners of the subject property;

g)

Reference to and relationship of municipal, township, county, or section lines to lines of the subject property by distances, angles, radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs;

h)

Boundary lines of adjoining property within 100 feet, identifying owners.

2)

Site plan. The site plan shall be drawn to scale of not more than one inch equals 50 feet and include the following information:

a)

Boundaries with dimensions and angles and ties to section lines;

b)

Existing buildings on the site and within 100 feet;

c)

Proposed buildings, additions, or demolitions;

d)

Existing and proposed curbs, curb cuts and driveways, curb and driveway cross sections;

e)

Existing and proposed parking and loading facilities, parking lot cross sections;

f)

Trash and waste storage facilities;

g)

Pedestrian circulation system with cross section;

h)

Screening (fences, walls, landscaping, and berms) with construction details;

i)

Tabulation of pertinent site data to aid in evaluating compliance with zoning requirements.

3)

Lighting plan. The lighting plan shall include the following information:

a)

Location of all exterior lighting;

b)

Illumination pattern and data on lighting fixtures;

c)

Details of lighting fixtures;

d)

Relationship to lighting on abutting properties.

4)

Grading and drainage plan. The grading and drainage plan shall include the following information:

a)

Existing and proposed topography;

b)

Existing and proposed drainage facilities;

c)

Delineation of topography of subject property with contour intervals of not more than two feet and supplemental of one foot in extremely flat areas;

d)

Calculations to determine sizing of pipes, structures, and water storage areas;

e)

Erosion control measures;

f)

Drainage easements.

5)

Utilities plan. The utilities plan shall include the following information:

a)

Existing and proposed sanitary sewer and water systems;

b)

Elevations, gradients, and sizing of all components; and

c)

Utility easements.

6)

Landscape plan. The landscape plan shall include the following information:

a)

Location, size, and species of all proposed plant materials;

b)

Plant schedule;

c)

Planting details;

d)

Existing significant plants to be removed.

7)

Sign plan. The sign plan shall include the following information:

a)

Site plan locating all free standing signs;

b)

Diagrams of sign copy with dimensions and color;

c)

Dimensions of all signs including sign structures and mounting systems;

d)

Height of all signs;

e)

Sign illumination system;

f)

Structural plans showing materials, fabrication, and mounting system.

8)

Building plan. The building plan shall include the following information:

a)

Elevation drawings, sections, or illustrations indicating the architectural treatment of all proposed buildings and structures;

b)

Floor plans of all proposed buildings and structures;

c)

Type of use, number of employees, users, or occupants expected;

d)

Type, location, and treatment of exterior mechanical devices such as vent exhaust fans, air conditioners, and elevators;

e)

Type of exterior building materials;

f)

Material board with exterior colors of all building materials;

g)

Outline specifications.

9)

Identification of variances. All variances must be clearly shown.

E.

Procedure. Once a concept plan has been reviewed by the city staff, the applicant shall submit an application to the city for site plan review. The site plan review process shall be as follows:

1)

The applicant(s) shall submit a completed application and all required site plan review materials to the city;

2)

City staff shall review the application and forward a report and recommendation, including all conditions, to the planning commission;

3)

The planning commission shall review the submitted site plan review application and recommendation from staff and make a formal recommendation to the city council. The recommendation from the planning commission shall include all conditions or modifications to the site plan review application;

4)

The site plan review application shall be placed on the city council's regular meeting agenda for final decision;

5)

The city council may remove, alter, or impose additional conditions to the site plan review application. A site plan review application shall receive a majority vote by the city council for approval. If an application is denied by the city council, the application may not be resubmitted for a period of three months following the date of denial. A vote denying the site plan review approval along with its findings shall be formally recorded;

6)

In evaluating its recommendation and approval, the planning and commission and city council shall take into consideration the following:

a)

Consistency with the city comprehensive plan;

b)

Compliance with this ordinance;

c)

The preservation of the site in its natural state, to the extent practicable, by minimizing tree loss, soil removal, and grading;

d)

The harmonious relationships between buildings, open spaces, natural site features, architectural details, and vehicular and pedestrian circulation;

e)

The protection of adjacent and neighboring properties.

F.

Revocation.

1)

A violation of any condition set forth in a site plan shall be a violation of this chapter, and failure to correct said violation within 30 days of written notice of the violation from the city may result in revocation of the approved site plan.

2)

The permittee must satisfy the conditions of the site plan approved by the city council within 60 days. Unless the permittee requests and receives from the city council an extension of time, failure to satisfy the conditions within 60 days will render the site plan void.

(Ord. No. 19, Second Series, 5-5-2010; Ord. No. 2021-06, 10-11-2021)