The city administrator shall supervise the enforcement of this article with the assistance of the director of planning, the building and zoning administrator, city attorney, police department, and other staff. Enforcement actions to be taken by city staff shall be authorized by the city council.

(Code 1982, § 900.46(2)(A))

This article shall be administered by the land development staff which shall be appointed by the council and serve at its discretion. The general powers and duties of the land development staff shall include the following:

(1)

Receive and process all applications and requests pertaining to the use of land, buildings and structures.

(2)

Act as the building official and review applications for and issue or deny building permits and certificates of occupancy.

(3)

Forward applications for variances, conditional use permits, petitions, appeals, and plan and ordinance amendments to the appropriate official bodies.

(4)

Inspect buildings and land to ensure compliance with applicable permits and the provisions of this article.

(5)

Maintain permanent and current records pertaining to the city's land use plan and ordinances and applications, permits and orders pertaining thereto, including, but not limited to, building permits, certificates of occupancy, conditional uses, variances, subdivisions, planned unit developments, orders, appeals, nonconforming uses, the zoning map and plan and ordinance amendments.

(6)

Assist with the enforcement of this article.

(7)

Provide technical assistance to the council and the planning commission.

(8)

Provide information and assistance to the public relative to matters relating to the land use plan and ordinances.

(9)

Review applications for and, where the standards for issuance set forth in section 30-674 are met, issue general planning permits in accordance with sections 30-671 et seq.

(Code 1982, § 900.36; Ord. No. 11-01, § 3, 3-21-2011)

Cross reference— Officers and employees, § 2-81 et seq.

A permit or other authorization issued pursuant to this article shall not relieve the permittee of the responsibility for complying with any other requirements established by law, regulation or ordinance.

(Code 1982, § 900.46(2)(D))

(a)

No person shall erect, alter, wreck or move any building or structure or part thereof without first securing a building permit.

(b)

An application for a building permit shall be made to the building and zoning administrator on a form furnished by the city. All building permit applications shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected, off-street parking and loading facilities and such other information as may be deemed necessary by the building and zoning administrator to determine compliance with this and other land use ordinances. No building permit shall be issued for activity in conflict with the provisions of this article except activity for which a variance has been granted in accordance with section 30-635. The building and zoning administrator shall issue a building permit only after determining that the application and plans comply with the provisions of this article, the state building code and other applicable laws and ordinances. Building permits for commercial and industrial properties shall not be issued until a letter of credit in the amount of three percent of the valuation is submitted. Said letter of credit shall ensure compliance with the grading, drainage, hardsurface, and landscaping requirements of this article. Said letter of credit shall not exceed $50,000.00 dollars.

(c)

If the work described in any building permit is not begun within 180 days or substantially completed within two years following the date of issuance thereof, said permit shall expire and become void. Written notice thereof shall be transmitted by the building and zoning administrator to the permit holder, stating that activity authorized by the expired permit shall cease unless and until a new building permit has been obtained.

(d)

No building permit shall be issued for the development of commercial, industrial or multifamily structures of four dwelling units or greater for property that is not platted in accordance with the requirements of this chapter.

(Code 1982, § 900.38(1); Ord. No. 02-09, § 2, 6-17-2002; Ord. No. 02-11, § 2, 6-10-2002)

(a)

A certificate of occupancy shall be obtained before:

(1)

Any nonagricultural building, except an accessory building, hereafter erected or structurally altered is occupied or used; and

(2)

The use of any existing nonagricultural building, except an accessory building, is altered.

(b)

Application for a certificate of occupancy shall be made to the building and zoning administrator as part of the application for a building permit. A certificate of occupancy shall be issued by the building and zoning administrator following completion of the building permit activity and a determination by the building and zoning administrator that the building and its proposed use complies with this article and the provisions of any permit issued pursuant hereto. To the extent practicable, a certificate shall be issued within ten days after the completion of building permit activity. The building and zoning administrator may issue a temporary certificate of occupancy for a period not to exceed six months when required improvements remain unfinished. For residential dwellings, monies equal to the value of exterior improvements not made, including but not limited to, exterior finishes, grading, topsoil, concrete work, paving, seeding or sodding, shall be escrowed with a title company, bank or other financial institution. The city shall verify completion of said work prior to issuance of the final certificate of occupancy and the release of escrowed monies.

(Code 1982, § 900.38(2); Ord. No. 02-09, § 2, 6-17-2002; Ord. No. 02-11, § 2, 6-10-2002)

Fees and charges for processing applications shall be established by resolution of the council and collected by the building and zoning administrator for deposit in the city's accounts. Fees shall be established for at least the following: building permits, conditional use permits, subdivisions, zoning amendments, variances and appeals.

(Code 1982, § 900.38(3); Ord. No. 02-11, § 2, 6-17-2002)

(a)

The board of adjustments has the following powers with respect to this article:

(1)

Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the land development staff in the enforcement of this article.

(2)

Hear requests for variances from the literal provisions of this article.

(b)

The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and any conditions established in connection therewith.

(Code 1982, § 900.40(3), (8))

State Law reference— Similar provisions, Minn. Stats. § 462.357, subd. 6.

(a)

An appeal as specified in section 30-633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development staff. An appeal may be made only following the transmission of a written notice of appeal upon a form provided by the city which specifies the subject and grounds therefor. Such notice must be received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal.

(b)

The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative official from whom the appeal is taken.

(Code 1982, § 900.40(4), (7))

State Law reference— Deadline for appeal to be as established by ordinance, Minn. Stats. § 462.354, subd. 2.

(a)

A variance may be requested only by the owner of the property (petitioner) to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district, provided that the board may grant a variance for the temporary use of a single-family dwelling as a two-family dwelling. In granting any variance, the board may prescribe conditions to ensure substantial compliance with this article and to protect adjacent property, including, without limitation, an expiration date. The violation of any written condition shall constitute a violation of this article. No request for a variance may be resubmitted sooner than six months following denial. A variance shall become void within two years following issuance unless substantial action has been taken by the petitioner in reliance thereon.

(b)

A variance may be granted by the board only if it finds that:

(1)

The variance is in harmony with the general purpose and intent of the ordinance.

(2)

The variance is consistent with the City of Elk River comprehensive plan.

(c)

Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that:

(1)

The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;

(2)

The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and

(3)

The variance, if granted, will not alter the essential character of the locality.

(d)

Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(Code 1982, § 900.40(5); Ord. No. 11-04, § 1, 8-15-2011)

State Law reference— Variances, Minn. Stats. § 462.357, subd. 6(2).

On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to receive notice shall not invalidate the hearing or proceeding.

(Code 1982, § 900.40(6)(A))

Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall act to approve, deny or approve with conditions the appeal or request for a variance. Decisions of the board to approve or approve with conditions an appeal or request for a variance shall be final unless appealed to the city council, and shall be effective on the 11th day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to deny an appeal or a variance shall not be final and shall be reviewed by the city council in the same manner as an appeal of a decision by the board.

(Code 1982, § 900.40(6)(B))

(a)

Any person aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal that decision to the city council. Appeals must be in writing and filed with the city planning department within ten calendar days of the board's decision.

(b)

The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with the consent of the person who appealed to the city council and the person who applied to the board, and both of whom shall receive written notice of the date and time when the city council will hear the appeal. The city council may reverse, affirm or modify, wholly or partly, the decision of the board, and shall have all the powers of the board in acting on appeals.

(Code 1982, § 900.40(6)(C), (6)(D))

State Law reference— Authority to provide for appeal to council, Minn. Stats. § 462.354, subd. 2.

(a)

A conditional use permit may be issued in accordance with this article for only those uses or purposes for which such permits are required or authorized by this article.

(b)

An application for a conditional use permit shall be filed with the director of planning on a form prescribed by the city. The application shall be accompanied by such plans and information as may be required by the city, including, without limitation:

(1)

A site plan drawn at scale showing all abutting lots, existing buildings, existing uses, utilities, curb cuts, and locations of trees having a diameter of six inches or more.

(2)

A proposed development plan showing proposed ingress and egress to the property and proposed structures, yards, off-street parking and loading areas, and, where appropriate, plans for utilities, screening, buffering, landscape, lighting, signs and open space, and a development schedule.

(Code 1982, § 900.42(1))

On receipt of a completed application, including necessary plans and information, the director of planning shall schedule its review and a public hearing by the planning commission. The planning commission shall report its findings and recommendations to the council with regard to the application.

(Code 1982, § 900.42(2))

State Law reference— Approval of conditional uses, Minn. Stats. § 462.3595, subd. 1.

On receipt of the report of the planning commission, the council shall hold a public hearing and shall make a decision upon the proposal to grant or deny a conditional use permit. Except as otherwise provided by law, notice of such hearing is subject to the following:

(1)

At least ten days in advance of each hearing, notice of the time and place of such hearing shall be transmitted to the applicant and shall be published in the official newspaper.

(2)

All property owners within 350 feet shall be notified by mail of the subject, time and place of the public hearing.

(3)

Failure of the property owner to receive notice shall not invalidate the hearing or proceeding.

(Code 1982, § 900.42(3))

State Law reference— Public hearings, Minn. Stats. §§ 462.3595, subd. 2, 462.357, subd. 3.

(a)

Required findings. The planning commission shall recommend a conditional use permit and the council shall order the issuance of such a permit only if it finds that such use at the proposed location:

(1)

Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.

(2)

Will be consistent with the comprehensive plan.

(3)

Will not impede the normal and orderly development and improvement of surrounding vacant property.

(4)

Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.

(5)

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.

(6)

Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(7)

Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city.

(b)

Denial of permit. If the planning commission recommends denial of a conditional use permit or the council orders such denial, it shall accompany its recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in this section.

(Code 1982, § 900.42(4))

State Law reference— Standards required, Minn. Stats. § 462.3595, subd. 1.

In approving a conditional use permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the standards set forth in section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. Such conditions may include, without limitation, requirements relating to the following:

(1)

Ingress and egress to the property and proposed structures with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe.

(2)

Off-street parking and loading areas where required and the economic, noise, glare or odor effects of the proposed use on nearby property.

(3)

Refuse and service areas.

(4)

Utilities with reference to location, availability and compatibility.

(5)

Diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(6)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(7)

Required yards and other open space.

(8)

Design and location compatibility with adjacent properties and other properties in the district.

(9)

Expiration date.

(Code 1982, § 900.42(5))

If the proposed work described in a conditional use permit has not been substantially completed within two years after its date of issuance, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six months.

(Code 1982, § 900.42(6); Ord. No. 99-13, § 1(900.42(6)), 8-6-1999; Ord. No. 00-05, § 1, 3-20-2000)

State Law reference— Conditional use permit duration, Minn. Stats. § 462.357, subd. 3.

Any use permitted under the terms of a conditional use permit shall be established and conducted in conformity with the terms of such permit and of any conditions established in connection therewith. A violation of any such condition shall constitute a violation of this article and shall be subject to the penalties and enforcement actions provided for in section 30-576.

(Ord. No. 00-05, § 1(900.42(7)), 3-20-2000)

(a)

Definitions. The definitions in section 30-1 are applicable in this section.

(b)

Authorization. The city council may authorize interim uses of property by issuance of interim use permits.

(c)

Required findings. Before the city council may authorize an interim use, it must make the following findings:

(1)

The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties.

(2)

There is adequate assurance that the property will be left in suitable condition after the use is terminated.

(3)

The use is similar to uses allowed in the zoning district in which the property is located.

(4)

The date or event that will terminate the use can be identified with certainty.

(5)

Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.

(6)

The property owner or lessee agree to all conditions that the city council deems appropriate for authorization of the interim use.

(7)

The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria.

(8)

Authorization of the interim use will not result in adverse effects on the public health, safety, or welfare.

(9)

The proposed interim use is consistent with the City of Elk River comprehensive plan and conforms to the city's zoning regulations.

(d)

Application for permit. Applications for interim use permits shall be processed in the same manner as for conditional use permits, as established in this subdivision III.

(Ord. No. 00-05, § 2(900.42), 3-20-2000; Ord. No. 10-03, § 1, 3-15-2010; Ord. No. 23-24, § 2, 11-20-2023)

State Law reference— Interim uses, Minn. Stats. § 462.3597.

(a)

In addition to the remedies otherwise provided for in this ordinance, failure to comply with the conditions set forth in the approval of a conditional use permit may result in revocation of the permit by the city.

(b)

The revocation process shall be as follows:

(1)

If the city administrator or the city council determines that cause exists to find noncompliance with the terms of a conditional use permit, the city council may direct that a hearing be scheduled before the city council to receive testimony and evidence, to establish findings, and to determine whether the conditional use permit shall be revoked.

(2)

The owner of the property on which the conditional use is located, and, if known to the city, the owner or operator of the conditional use, shall be notified of the hearing by personal delivery or certified mail, no less than ten days before the hearing. The notice of hearing shall include a summary of the alleged noncompliance of the conditional use permit.

(3)

At the hearing, the city council shall receive testimony and evidence from the public and the city staff regarding the compliance or noncompliance of the use with the conditional use permit. The property owner and the owner or operator of the conditional use shall have an opportunity to testify and present evidence.

(4)

At the conclusion of the public hearing the city council may continue the revocation to a future date or make its findings and determination.

(5)

If the city council determines that the conditions of the conditional use permit have not been met, it may order revocation of the conditional use permit effective on such date as it shall determine.

(6)

Revocation of a conditional use permit shall not be ordered unless the city council has made findings in writing or on the record of the council proceedings that there have been one or more violations of one or more conditions of the conditional use permit.

(7)

Revocation of a conditional use permit shall be a final action of the city council, appealable only to district court, as provided by law.

(Ord. No. 00-05, § 1(900.42(8)), 3-20-2000)

(a)

A general planning permit may be issued by city land development staff in accordance with this article, for the following temporary uses or purposes:

(1)

Temporary outdoor firework retail sales.

(2)

Temporary outdoor landscape material and supply sales.

(3)

Temporary retail sales of items allowed in the district.

(b)

Such uses shall be permitted for a period not to exceed 180 days.

(Ord. No. 11-01, § 4, 3-21-2011)

(a)

An application for a general planning permit shall be filed with the city on a form prescribed by the city. The application shall be accompanied by such plans and information as may be required by the city, including, without limitation:

(1)

A statement of the proposed use and period of time proposed for the use.

(2)

A site plan drawn at scale showing all abutting lots, existing buildings, existing uses, utilities, curb cuts.

(3)

A proposed development plan showing proposed ingress and egress to the property and proposed structures, off-street parking and loading areas and, where appropriate, plans for utilities, lighting, signs and open space, and a development schedule.

(Ord. No. 11-01, § 4, 3-21-2011)

(a)

On receipt of a completed application, including necessary plans and information, the director of planning shall schedule its review by city land development staff.

(b)

City land development staff shall only approve an application for a general planning permit if staff finds that the application meets the standards for issuance set forth in section 30-674.

(Ord. No. 11-01, § 4, 3-21-2011)

(a)

Required findings. City staff shall approve a general planning permit only if it finds that such use at the proposed location:

(1)

Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.

(2)

Will be consistent with the comprehensive plan.

(3)

Will not impede the normal and orderly development and use of surrounding property.

(4)

Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.

(5)

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.

(6)

Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(7)

Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city.

(Ord. No. 11-01, § 4, 3-21-2011)

(a)

If city land development staff denies an application for a general planning permit, it shall accompany its determination with a report stating how the proposed use does not comply with the standards set forth in section 30-674.

(b)

If an application for a general planning permit is denied, the applicant shall have the right to appeal the denial to the board of adjustment as provided in section 30-633 of this article.

(Ord. No. 11-01, § 4, 3-21-2011)

In approving a general planning permit, city land development staff may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the standards set forth in section 30-674 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. Such conditions may include, without limitation, requirements relating to the following:

(1)

Ingress and egress to the property and proposed structures with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in case of fire or other catastrophe.

(2)

Off-street parking and loading areas where required and the economic, noise, glare or odor effects of the proposed use on nearby property.

(3)

Refuse and service areas.

(4)

Utilities with reference to location, availability and compatibility.

(5)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.

(6)

Design and location compatibility with adjacent properties and other properties in the district.

(7)

Expiration date.

(Ord. No. 11-01, § 4, 3-21-2011)

A general planning permit shall not approve any use for a period exceeding 180 days. No more than two general planning permits may be issued for a single lot or business in a given year. Where two general planning permits are issued to one lot or business in a single year, the cumulative days permitted by the permits shall not exceed 180 days.

(Ord. No. 11-01, § 4, 3-21-2011)

Any use permitted under the terms of a general planning permit shall be established and conducted in conformity with the terms of approval of such permit and of any conditions established in connection therewith. A violation of any such condition shall constitute a violation of this article and shall be subject to the penalties and enforcement actions provided for in section 30-576.

(Ord. No. 11-01, § 4, 3-21-2011)

This subdivision is established to provide comprehensive site plan review procedures and standards for city review of developments (other than single-family detached dwellings and two-family dwellings) seeking to locate or expand within the city. This procedure will provide the city with the opportunity to ensure a development's conformance with the city development regulations and to provide the city with a reasonable degree of discretion in determining the suitability of a development proposal. In making a determination whether or not a site plan is to be approved, the city will consider all applicable ordinance development standards, the nature of the land and/or buildings proposed to be developed or redeveloped, the impacts of the proposed development on adjoining properties and roads, and all other or further factors as the city shall deem appropriate for consideration in determining the effect of the proposed development on the general welfare, public health, and safety. The site plan review procedure is also intended to ensure the development of capable and quality site systems in the areas of:

(1)

Utilities.

(2)

Transportation.

(3)

Site drainage.

(4)

Open spaces.

(5)

Site environment and landscaping.

(6)

Structure/lot area relationships.

(Ord. No. 22-05, § 1, 2-22-2022)

(a)

Application for approval. An application for site plan approval must be filed with the city for all developments (except for single-family detached and two-family dwellings) within the city. Such application shall be filed with the director of community development, or their designee, on an official application form and shall be accompanied by a fee and any surety, escrow, or deposit as provided for by the city council as set forth in the adopted fee schedule. Formal review and approval of the plans must be granted as provided in this subdivision before any related site development can be pursued.

(1)

An exception from the site plan approval requirement may be granted when a new permitted use is proposed on the site of an existing approved use, and there will be no exterior additions, expansions, increase in height, or modifications to the existing approved site plan on file with the city. In granting an exception, city staff will review parking and circulation standards to ensure compliance with city requirements.

(b)

Ownership of property. An application for site plan approval must be filed by the landowner or jointly by all landowners of the property proposed to be developed. The application and all submissions must address development of the property as a whole. In the case of multiple ownership, the approved final site plan shall be binding on all owners.

(c)

Consistency with comprehensive plan and zoning regulations. The proposed site plan shall be consistent with the city's comprehensive plan and this chapter.

(d)

Plan submission. Digital site plans shall be submitted to the community development department with all required information. The application shall be considered as officially submitted only when all the information and fee requirements are met.

(e)

Contents. All site plan submissions shall be drawn to a scale of one inch equals 50 feet or less (engineering scale only) and be produced in a fashion which ensures legibility and clarity. The site plan shall contain at least the following information, and all additional information as required by city staff:

(1)

General information.

a.

The landowner's name, address and phone number.

b.

The applicant's name, address and phone number, if different from the landowner, and his interest in the subject property.

c.

The names, addresses, and phone numbers of all professional consultants who have contributed to the development of the plan being submitted, including the architect, land planner, engineer, surveyor, and attorney.

d.

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed site plan.

e.

Date of plan preparation.

f.

Dates and descriptions of all revisions.

g.

North point indication.

(2)

Present surrounding area status.

a.

The address and legal description of the subject property.

b.

The existing zoning classification and present use of the subject property and all lands within 200 feet of the subject property.

c.

A plan showing the precise location of existing streets, property lines, easements, water mains, and storm and sanitary sewers with invert elevations on and within 100 feet of the subject property.

(3)

Present on-site status. All of the graphics should be the same scale to allow easy cross-reference.

a.

Contours at minimum two-foot intervals on and within 20 feet of the subject property.

b.

Location, type, and extent of tree cover.

c.

Sufficient spot elevations and/or contours to indicate changes in slope on and within 20 feet of the subject property. Elevations of the centerline and gutter line of existing streets at each proposed access must be shown.

d.

Location and extent of water bodies, wetlands and streams, and floodplains within 300 feet of the subject property.

e.

Significant rock outcroppings.

f.

Existing drainage patterns.

g.

Vistas and significant views.

h.

Soil conditions as they affect development.

(4)

Utility plan. Plans indicating the location of water and sanitary sewer lateral and service locations. Also indicated shall be the size and type of pipe and all other information, such as hydrants and cleanouts, as may be required by the city engineer.

(5)

Property dimension plan. Plans showing property lines, dimensions, lot area, required yard setbacks, easements and rights-of-way of the property and any significant topographical or physical features of the property based upon a certified survey.

(6)

Structure information plan. Plans showing the location, size, use and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings. Also provided shall be architectural plans showing building elevations and exterior wall finishes of proposed buildings.

(7)

Internal circulation plan. Plans showing the location, dimensions and number of driveways, entrances, fire lanes, concrete entrance aprons, curb cuts, concrete curbing and gutter, parking stalls, parking lot islands, loading spaces, access aisles, concrete sidewalks, and all other circulation elements of the site.

a.

All site elements as listed in this subsection shall have noted on the plan a related cross section of element composition and construction design.

b.

All material compositions, i.e., bituminous, gravel, concrete, sod, etc., shall be noted on the plan.

c.

Spot elevations, including high points, corners of parking lots, and existing street elevations, shall also be shown on the plan.

(8)

Landscaping, screening and berming plan. Plans showing detailed locations, sketches, and provisions of existing and required landscaping, berming, and screening elements of the site.

a.

All those related elements which will be removed shall be properly noted on the plan.

b.

All plant screening and landscaping elements shall be broken out into types, sizes, and total numbers proposed in the plan.

c.

All fences shall be shown and related elevations and cross sections provided.

(9)

Grading and drainage plans. Plans showing all existing and proposed site contours in no more than two-foot contours.

a.

Also provided shall be detailed site drainage plans, including the detailing of the site's storm sewer system with catch basins and invert elevations.

b.

Casting types must be shown for all catch basins.

(10)

Erosion control plan. Plans for site erosion control as required by the city engineer.

(11)

Lighting plan. Plans showing location, height, and candlepower of all luminaries on the site. All parking lot lighting standards located within the parking lot area must be located within parking lot islands.

(12)

Staging plan. If the project is to be constructed in several stages, all stages shall be clearly detailed out on the plan. This shall also include future expansion elements of a proposal.

(13)

Sign plan. Plans showing all proposed signage for the site in accordance with the city's sign ordinance, beginning with section 30-851.

(Ord. No. 22-05, § 1, 2-22-2022)

(a)

Review and approval.

(1)

Upon submission of a complete site plan as specified in section 30-682, city staff shall circulate the site plan to all appropriate city departments and county, state, and federal agencies for their review and comment.

(2)

Upon receipt of all department and agency reviews, the planning department will provide the applicant with a comment letter summarizing the findings. The applicant may request a meeting to review the letter with pertinent city staff.

(3)

For developments which require additional planning commission, board of adjustments, and/or city council approvals, the planning department comment letter will include a recommendation of whether to approve or deny the site plan, and the final decision on approval of the site plan will be made by the body acting on the other required approval(s).

(4)

For developments which do not require additional approvals, the planning departments comment letter shall approve, approve with conditions, or deny site plan approval. Denial of site plan approval by the planning department may be appealed to the board of adjustments as provided in sections 30-633 through 30-638 of this chapter.

(b)

Final site plan.

(1)

Purpose. The final approved site plan serves as a complete, thorough, and permanent public record of the manner in which the subject site is to be developed. It shall incorporate all revisions and conditions resulting from the site plan review process.

(2)

Submission. A digital plan set shall be submitted to the director of community development, or their designee. Subsequent to receiving approval of the final site plan, the applicant may apply for a building permit.

(3)

Preconstruction meeting. After a building permit has been applied for, and before issuance thereof, a preconstruction meeting may be requested. At this meeting, the building construction plans will be reviewed and compared with the approved final site plan. If the building construction plans are not in substantial conformance with the final site plan, the building construction plans shall be revised to achieve such conformance.

(4)

Limitation on final site plan approval. Within one year after the approval of a final site plan, or such time as may be established by an approved development schedule, construction shall commence pursuant to the approved site plan.

a.

If, after one year from being granted site plan approval, the plan as permitted by the approval shall not have been initiated, then such approval shall be null and void.

b.

A request for extension may be made within 30 days before such deadline and shall state facts showing a good faith attempt to complete or utilize the use permitted in the site plan approval.

c.

The director of community development, or their designee, shall place the request on the agenda of a regularly scheduled council meeting to be held within 30 days of such filing.

d.

The council at its discretion may grant the extension, for not more than one year, when good cause is shown that such extension is necessary.

e.

Only one such extension may be made.

(Ord. No. 22-05, § 1, 2-22-2022)

(a)

Upon approval of a final site plan and prior to the issuance of building permits or initiation of work on the proposed improvement or development, the developer shall execute a performance agreement setting out public site improvement items and terms of completion of such items. The performance agreement and any surety required therein must be approved by the city attorney.

(b)

Any surety required by the performance agreement shall be noncancellable and shall guarantee conformance and compliance with the conditions of the site plan approval, the performance agreement and the ordinances of the city.

(c)

The city shall hold the surety for such period of time as set forth in the performance agreement.

(1)

Periodically, the amount of the surety may be reduced, in writing, by the director of community development, or their designee.

(2)

Reduction and release actions will only be initiated after proper request has been made by the developer.

(d)

Failure to comply with the conditions of the site plan approval, the performance agreement or the ordinances of the city shall result in forfeiture of the surety to the extent necessary to achieve the project's total compliance with the approved site plan.

(Ord. No. 22-05, § 1, 2-22-2022)

Except as otherwise expressly provided in this subdivision, upon receiving notice from the director of community development, or their designee, that the final site plan has been approved and a properly executed performance agreement has been received, and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction, and other work in the area encompassed by the final site plan; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances which are applicable to the permit sought have been satisfied.

(Ord. No. 22-05, § 1, 2-22-2022)