Subd. 1. Approval Required.

A.

No building permit, or land alteration permit for a parking lot, will be issued for the construction of any of the following, unless it conforms to a Site Plan and Architectural Design as described in Subdivision 3, or an amendment thereof, which has been approved by the Council:

1.

A building, structure or parking area situated or to be constructed within any District, except, (a) those within the Rural District or One-Family Residential Districts as provided below in subsection C and (b) duplexes (dwellings designed for or occupied by two (2) families); or

2.

A building or structure constituting public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts except as provided below in subsection C.

B.

No conditional use permit for a wireless support structure located within the One-Family Residential Districts unless it conforms to a Site Plan and Architectural Design as described in Subdivision 3, or an amendment thereof, which has been approved by the City Planner.

C.

No building permit, or land alteration permit for a parking lot, will be issued for the alteration or enlargement of a building or structure described in Subsection A unless it conforms to a Site Plan and Architectural Design as described in Subdivision 3, or an amendment thereof, which has been approved by the Council or the City Planner in accordance with the criteria set forth in Subdivision 4.

Subd. 2. Exceptions. The provisions of this subdivision do not apply to the issuance of a building permit for (a) a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989, but not more than two (2) years prior to issuance of the building permit by the City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an antenna or tower except an antenna or tower which is greater than eighty (80) feet in height.

Subd. 3. Plan Requirements. The terms "Site Plan and Architectural Design" as used in this section mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect, landscape architect or engineer which includes the following:

A.

A detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology;

B.

Proposed construction of all site alterations including grading, drainage, utilities, and storm sewer;

C.

Building locations;

D.

Landscaping and screening;

E.

Lighting;

F.

Plans for all pylon, monument, and building signs;

G.

An architectural plan of the exterior of the building or structure intended to be constructed, altered, or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in relation to the land on which it is situated, and its external appearance such as materials, texture and color; and

H.

Such other information as may reasonably be required by the City.

Subd. 4. Application and Level of Review.

A.

The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the City Planner.

The City Planner will determine the level of review required for a new or amended Site Plan and Architectural Design based on the criteria set forth below. The City Planner may determine to refer an application to the City multi-department staff "Development Review Committee" for review and recommendation to the City Planner:

B.

The following are considered administrative amendments to an approved Site Plan and Architectural Design and are subject to review and approval by the City Planner:

1.

Reduction of parking which meets City Code requirements for size, number and aisle width. Reconfiguration of parking meeting City Code requirements for size, number and aisle width.

2.

Changes to landscaping type, location and species that do not fall below the site requirements.

C.

The following are considered minor amendments to an approved Site Plan and Architectural Design and are subject to review and consideration for approval by the City Council only without referral to the Planning Commission:

1.

Alterations which are code compliant and are ten percent (10%) or less of the Gross Floor Area of a building or two thousand (2,000) square feet whichever is less. The expansion or reduction shall be the cumulative total and/or cumulative reduction after January 5, 2016; and

2.

Facade remodels which are code compliant.

D.

All other amendments and alterations to an approved Site Plan and Architectural Design, are considered major amendments and are subject to review in accordance with Subdivisions 5 and 6.

E.

All new buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to review in accordance with Subdivisions 5 and 6.

F.

A Zoning Certificate and Certificate of Occupancy are required in accordance with City Code Section 11.77.

Subd. 5. Standards and Provisions. A Site Plan and Architectural Design will be evaluated according to its compliance with the following standards and provisions:

A.

Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan and City Design Guidelines.

B.

Adherence to, and consistency with, the City Code relating to zoning and the subdivision of land.

C.

The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the minimization of: tree loss, soil removal, wetland, floodplain, lake and creek encroachment; and the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties.

D.

Maintenance of open space to provide a desirable environment both for occupants of the site and the general public.

E.

Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes, lower densities, lower flood area ratios, and smaller buildings.

F.

Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic.

G.

The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas.

H.

Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity.

I.

Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment.

J.

Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.38 and adherence to, and consistency with, the City's policies and objectives as reflected in the Heritage Preservation Site Program.

Subd. 6. Approval Process.

A.

Except as provided for in Subdivisions 4.B and 4.C. a Site Plan and Architectural Design may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. Site Plans for City-owned park property may not be acted upon by the Council until it has received the recommendation of the Parks, Recreation and Natural Resources Commission or until sixty (60) days have elapsed from the date it has been referred to the Parks, Recreation and Natural Resources Commission for its study and report.

B.

No approval may be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing will be published in the official newspaper of the City at least ten (10) days before the day of the hearing. A notice will be mailed at least ten (10) days before the day of the hearing to each owner of property situated wholly or partly within five hundred (500) feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent must be attested to by the person giving the notice and will be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice will not invalidate the proceeding provided a bona fide attempt to comply with this provision has been made.

(Source: Ordinance No. 20-2023, 12-14-2023)