The City Manager or his/her designee is hereby authorized and directed to enforce all the provisions of this chapter. The City Manager or his/her designee may delegate this authority to any administrative official or support staff member of the City, who shall be directly under the control and supervision of the City Manager or his/her designee. Such staff shall have the following duties:

(1)

To issue all permits required by this chapter.

(2)

To receive, process, and forward all applications for various zoning requests as stipulated in this chapter.

(3)

To cause any building, structure, land use, place, or premises to be reviewed and examined and to report in writing the remedy of any condition found to exist therein in violation of any provision of this chapter.

(Code 1988, § 11.02(1); Ord. No. 583, 12-31-1982; Ord. No. 313, 2nd Series, 10-29-2004)

(a)

The provisions of this chapter shall be interpreted to be the minimum requirements for the promotion of public safety, health, convenience, comfort, prosperity, and general welfare. It is not the intention of this chapter to interfere with, abrogate, or annul any easements between parties; provided, however, that the provisions of this chapter shall govern where it imposes a greater restriction upon the use of a building or premises, the height of a building, the amount of open spaces that are imposed or required by other City Code provisions, rules, regulations, or permits, or by easements, covenants, or agreements.

(b)

For the purposes of this chapter, the following definitions shall be used in the interpretation of the provisions of this chapter. Words used in the present tense shall include the future tense, the singular number shall include the plural, the plural of the singular; the term "person" shall include a firm, association, organization, partnership, trust, company, or corporation; the terms "used" or "occupied" include the terms "intended, designed, or arranged to be used or occupied"; the term "shall" or "will" is mandatory; and the term "may" is permissive. Any other words used and not defined herein shall be construed as having the commonly accepted meaning as defined in a standard dictionary.

(Code 1988, §§ 11.02(1), 11.90(5); Ord. No. 583, 12-31-1982; Ord. No. 585, 1-14-1983)

All fees provided for under this chapter, including, but not limited to, variances, zoning map amendments, Comprehensive Plan amendments, planned unit developments and amendments, conditional use permits, and temporary use permits, shall be fixed and determined by the City Council, adopted by resolution, and uniformly enforced. Such fees may, from time to time, be amended by the City Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk and open to inspection during regular hours. Denial of a permit shall not be grounds for a refund of the application fee.

(Code 1988, § 11.99(3))

(a)

Any nonconformity existing at the time of the adoption of an additional control under this chapter, including the lawful use or occupation of land or premises, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:

(1)

The nonconformity or occupancy is discontinued for a period of more than one year

(2)

The nonconforming use creates or constitutes a nuisance; or

(3)

Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

(b)

Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.

(c)

Notwithstanding the above, the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility for the National Flood Insurance Program and not increase flood damage potential or the degree of obstruction to flood flows in the floodway.

(Code 1988, § 11.90(2); Ord. No. 365, 2nd Series, 3-23-2007)

State Law reference— Nonconformities, Minn. Stats. § 462.357, subd. 1e.

(a)

Membership. The Board of Zoning Appeals shall consist of four at large members, one non-voting youth member, and one voting member of the Planning Commission. Each member shall have one vote. At large members shall serve three-year staggered terms, the youth member shall serve a one-year term, and the Planning Commission member shall rotate among Planning Commissioners at the discretion of the Planning Commission. The City Council shall appoint all at large members at its last meeting in April, effective May 1 and all youth members at its last meeting in September, effective October 1. The term limits and definitions in City Code, section 2-125 shall also apply to members of the Board of Zoning Appeals.

All of the voting members of the Planning Commission are alternates to the Board of Zoning Appeals. In the absence of any voting member of the Board of Zoning Appeals, any voting member of the Planning Commission may serve as an alternate. At least one voting member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals. The Board of Zoning Appeals shall meet at least once a month if there are any petitions pending for action.

(b)

Duties and Responsibilities. It is the duty of the Board of Zoning Appeals to evaluate and decide petitions to the City regarding zoning and the requirements of this chapter. Specifically, it shall:

(1)

Decide appeals where it is alleged that an error has been made in any order, requirement, decision or determination, and/or interpretation made by the City Manager or other City administrative official in enforcement and administration of this chapter.

(2)

Hear requests for variances from the requirements of this chapter, including restrictions placed on nonconformities.

(c)

Variances. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the Comprehensive Plan.

(1)

A variance may be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means:

a.

The property owner proposes to use the property in a reasonable manner not permitted by this chapter

b.

The plight of the property owner is due to circumstances unique to the property not created by the property owner; and

c.

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

(2)

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. Notwithstanding the foregoing, variances shall be granted for earth-sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter.

(3)

The Board of Zoning Appeals may not grant a variance that would allow any use that is not allowed under this chapter for property in the zone where the affected person's land is located. The Board of Zoning Appeals may impose conditions in the granting of variances. A condition must be directly related and bear a rough proportionality to the impact created by the variance.

(4)

Where the City, County, or the State creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subsection shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this subsection shall be interpreted to lessen the requirement for a traffic management plan contained in this chapter.

(d)

Procedures.

(1)

Appeals to the Board of Zoning Appeals may be taken by an affected person by filing a petition form with the City. Such petitions shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such petitions must be received by the City Manager or his/her designee no later than 15 working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals.

(2)

The Board of Zoning Appeals shall give at least 10 days' written notice of the time, place, and nature of the appeal hearing to the petitioner and to all adjacent property owners. Any party may appear at such hearing, whether in person or by agent or attorney.

(3)

The Board of Zoning Appeals shall make its order with respect to said appeal within 60 days of submission of the petition.

(4)

Within 30 days of the final order of the Board of Zoning Appeals, any petitioner feeling aggrieved by the decision of the Board of Zoning Appeals may file a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the City Council. The City Council shall, within 30 days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States mail. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner provided above, then the decision of the Board of Zoning Appeals shall be final.

(5)

In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse one year after the order granting the variance is served by mail, unless construction has commenced or a valid building permit for the work described in the variance has been issued and work is proceeding in an orderly way within said one-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the order granting the variance. The City Council, in its sole discretion, may grant an extension of up to one additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new petition for variance if such modification adversely affects any aspect of the plans directly involved in the consideration and approval of the earlier variance petition.

(6)

A variance shall be effective only to the extent of the exact circumstances contained in the approved petition. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new petition for variance. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new petition for variance if the official records of the Board of Zoning Appeals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier variance.

(Code 1988, § 11.90(4); Ord. No. 583, 12-31-1982; Ord. No. 89, 2nd Series, 5-21-1992; Ord. No. 142, 2nd Series, 3-14-1996; Ord. No. 464, 2nd Series, 7-30-2011; Ord. No. 620, 2nd Series, 3-21-2017; Ord. No. 753, § 1, 12-6-2022)

State Law reference— Board of adjustment and appeals, Minn. Stats. § 462.354, subd. 2; appeals and adjustments, Minn. Stats. § 462.354, subd. 6.

(a)

The City Council shall adopt, and may from time to time amend, a municipal Comprehensive Plan pursuant to Minn. Stats. §§ 473.851—473.871. The Comprehensive Plan shall serve as a guide to the City and its public officials for future development and zoning actions.

(b)

Before adopting any such plan or amendment, the City Council shall solicit the recommendations of the Planning Commission.

(c)

The Planning Commission shall hold at least one official public hearing on any plan or proposed amendment before recommending any such plan or amendment or portion thereof. All official public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper.

(d)

The City Council shall take no action on a proposed plan or amendment until it receives the Planning Commission's recommendation, or until 60 days after such plan or proposed amendment has been submitted to the Planning Commission.

(e)

Any action taken at the City Council meeting shall become part of the Comprehensive Plan for the City, provided that a resolution evidencing said action was approved by a two-thirds vote of all of the members of the City Council.

(f)

All eligible applications for Comprehensive Plan amendments must comply with the City's Mixed-Income Housing Policy.

(Code 1988, § 11.90(7); Ord. No. 670, 11-15-1985; Ord. No. 345, 2nd Series, 5-25-2006; Ord. No. 631, 2nd Series, § 10, 3-6-2018; Ord. No. 791, § 4, 12-17-2024)

(a)

No change, modification, or amendment shall be made to the boundary or designation of any zoning district on the zoning map, or to the provisions of this chapter, except after an official public hearing and upon a majority affirmative vote of the City Council. Zoning map or chapter amendments may be initiated by the City Council or by petition of affected persons and owners of property within the City.

(b)

Upon receipt of such a petition, the matter shall be referred to the Planning Commission for review and recommendation.

(c)

The Planning Commission shall hold at least one public hearing on any proposed zoning map or chapter amendment before recommending any such change or amendment. All public hearings required by this section shall be held no sooner than 10 days after a notice has been published in the official City newspaper. For zoning map amendments, copies of the written notice in the form published shall be mailed to all property owners within 500 feet of the subject site not less than 10 days prior to the date of such official public hearing.

(d)

The City Council shall take no action on a proposed amendment until it receives the Planning Commission's recommendation, or until 60 days after such proposal has been submitted to the Planning Commission.

(e)

The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to commercial, light industrial, industrial, or office requires a two-thirds majority affirmative vote of all members of the City Council.

(f)

All eligible applications for zoning map amendments must comply with the City's Mixed-Income Housing Policy.

(Code 1988, § 11.90(3); Ord. No. 271, 2nd Series, 11-15-2002; Ord. No. 631, 2nd Series, § 9, 3-6-2018; Ord. No. 654, § 1, 1-2-2019; Ord. No. 791, § 5, 12-17-2024)

State Law reference— Amendments, Minn. Stats. § 462.457, subds. 3, 4.

(a)

The purpose and intent of this section is to provide the City with a reasonable degree of discretion to determine the suitability of certain uses with characteristics which may be appropriate within a given zoning district but which might have an unusual impact upon surrounding properties or which might otherwise adversely affect the future development of the City or the general public health, welfare, or safety of the property or residents therein. A conditional use permit shall be required for those occupations, vocations, skills, businesses, or other uses specifically designated in each zoning district as requiring such a permit.

(b)

An application for a conditional use permit may be made by any governmental body, department, board, or commission, or by any person, individual or corporate, having a legal interest in the property described in the application. Each property site shall require its own application. Single applications may not be made for noncontiguous or scattered sites.

(c)

The City Manager or his/her designee shall refer the application to the Planning Commission to hold the official public hearing. Notice of the official public hearing shall be published in the official newspaper of the City not less than 10 days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. The applicant and all property owners within 500 feet of the subject site shall be notified of the official public hearing, not less than 10 days prior to the date of such official public hearing. Such notice shall include the date, time, and place of the hearing and shall identify the subject site.

(d)

The Planning Commission shall make findings and recommendations to the City Council based upon any or all of the following factors (which need not be weighed equally) and shall present its findings and recommendations to the City Council in writing:

(1)

Demonstrated need for the proposed use.

(2)

Consistency with the Comprehensive Plan of the City.

(3)

Effect upon property values in the neighboring area.

(4)

Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area.

(5)

Effect of any increases in population and density upon surrounding land uses.

(6)

Compliance with the City's Mixed-Income Housing Policy (if applicable to the proposed use).

(7)

Increase in noise levels to be caused by the proposed use.

(8)

Any odors, dust, smoke, gas, or vibration to be caused by the proposed use.

(9)

Any increase in pests, including flies, rats, or other animals or vermin in the area to be caused by the proposed use.

(10)

Visual appearance of any proposed structure or use.

(11)

Any other effect upon the general public health, safety, and welfare of the City and its residents.

(e)

The City Council shall take no action on the application until it receives the Planning Commission's recommendation, or until 60 days after such application has been submitted to the Planning Commission. Upon receiving the findings and recommendations of the Planning Commission, or the elapse of said 60-day period, the City Council shall call and conduct an official public hearing to consider the application.

(f)

Reserved.

(g)

The City Council shall make findings and shall grant or deny a permit based upon any or all of the factors found above. The City Council may make its approval of the permit contingent upon such conditions as it determines necessary to prevent or minimize injurious effects upon the neighborhood. The City Council may also require that sufficient performance bonding by an acceptable surety be supplied by the property owner to ensure satisfactory compliance with the conditions imposed by the conditional use permit.

(h)

The City Council shall set forth in writing its decision, and the specific reasons for such decisions, following the official public hearing. The applicant shall be notified in writing of the City Council's decision. If the application is denied in whole or in part or conditions are imposed, the reasons for such denial or for the imposition of conditions, shall accompany this notification.

(i)

No application which has been denied wholly or in part shall be resubmitted for a period of six months from the date of said denial, except on the grounds of new evidence or upon proof of changes of conditions. Each resubmission shall constitute a new filing and a new filing fee in an amount adopted by resolution of the City Council shall be required.

(j)

Unless extended by the City Council in its sole discretion for an additional period of up to 12 months, construction and all other pertinent implementation relating to an approved conditional use permit must begin within 12 months of the date that the conditional use permit is approved or the conditional use permit shall be deemed null and void. If the approved conditional use should cease for a period of more than 12 consecutive months, the conditional use permit shall be deemed to have expired.

(k)

Changes to an approved conditional use permit affecting uses, parking and loading, or components other than minor changes shall require amendment to the conditional use permit by the City. The requirements for application and approval of a conditional use permit amendment shall be the same as the requirements for original application and approval.

(l)

The City Council shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of such permit have been violated or broken. All such action by the City Council to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City Council Members.

(Code 1988, § 11.80; Ord. No. 540, 5-7-1981; Ord. No. 573, 8-27-1982; Ord. No. 256, 2nd Series, 8-16-2001; Ord. No. 273, 2nd Series, 11-15-2002; Ord. No. 631, 2nd Series, § 8, 3-6-2018; Ord. No. 791, § 6, 12-17-2024)

(a)

Purpose and Intent. The purpose and intent of this section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact on neighboring land uses.

(b)

Permitted Temporary Uses.

(1)

Temporary retail and produce sales.

(2)

Temporary outdoor dining areas.

(c)

Application.

(1)

Application Requirements. Applicants must submit all requests for Temporary Use Permits to the Planning Division on an official application form at least 15 working days before starting the temporary use. The applicant must submit, with the permit application, written proof from the property owner at the permitted location authorizing the applicant to conduct temporary retail sales on the site. The applicant must also provide written certification from the property owner that all other tenants of the building or site in which the sales will occur have received notification of the temporary use.

(2)

Procedure. Upon receipt of a complete application, the Planning Division shall review the application and related materials to determine whether the use complies with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this section.

a.

The Planning Division shall consider possible adverse effects of the proposed events or activity and shall approve or deny the application based upon the following evaluation criteria:

i.

Whether the proposal complies with and affects the Comprehensive Plan and complies with applicable Zoning District regulations.

ii.

Whether establishing, maintaining, or operating the use, event, or activity will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, or welfare.

iii.

Whether the use, event, or activity will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

iv.

Whether adequate public facilities and services exist or the applicant can reasonably provide facilities and services to accommodate the use, event, or activity which is proposed.

v.

Whether the use, event or activity conforms in all other respects to the applicable regulations of the district where it will occur.

vi.

Whether the proposal meets any and all other specific conditions in any other applicable sections of City Code or state law.

b.

If the Planning Division determines that the proposal complies with all applicable evaluation criteria, codes, ordinances, and standards of this section, they shall issue a written Temporary Use Permit to the applicant. The written permit shall indicate the permitted days and location of operation and shall list any conditions applicable to the use. If Planning Division determines that the proposal does not comply with all applicable evaluation criteria, codes, ordinances, and standards of this section, they shall issue a written denial indicating the specific reasons for the denial.

(d)

Requirements.

(1)

Temporary Retail and Produce Sales. The Planning Division may grant a Temporary Use Permit for temporary retail and produce sales in non-residential and mixed-use districts subject to the following:

1.

Sales shall not exceed 6 months in any one calendar year contingent upon Planning Division's approval. Not more than one such event or sale shall be allowed per property at any given time.

2.

Sales shall be incidental to the principal use.

3.

Sales shall include only the retail sales contemplated by the permitted and restricted uses in the Commercial Zoning District, conditional uses do not qualify.

4.

Vendors may conduct sales activities within a yard provided the area is paved and the activity does not interfere with parking, traffic circulation, or emergency vehicle access.

5.

Vendors may use tents, stands, and other similar temporary structures, provided they are clearly identified on the submitted plan and provided that the Planning Division determines that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. All temporary structures must also meet the requirements of the Fire Code, as determined by the Fire Chief or their designee and applicants shall obtain any additional permits for any such structures under City Code or state law.

6.

The Planning Division may impose reasonable conditions based on findings from the criteria of Section 113-31(c)(2)a.

(2)

Temporary Outdoor Dining Areas. The Planning Division may grant a temporary use permit for a temporary outdoor dining area subject to the following:

1.

Outdoor dining areas are allowed only in zoning districts where they qualify as a permitted use.

2.

The initial term of a temporary use permit for an outdoor dining area shall not exceed one year. Upon application for an extension of the same use on the same site, succeeding outdoor service area permits may be approved for up to two years if all requirements of this section are met and all previous conditions of approval have been satisfied regardless of whether the use was continuous or interrupted.

3.

Physical improvements associated with the outdoor dining area shall be temporary in nature. At the conclusion of the approved permit period, and if no further extensions are approved, the applicant shall remove all improvements and return the site restored to its former condition.

4.

The Planning Division may impose reasonable conditions based on findings from the criteria of Section 113-31(c)(2)a.

(e)

Conditions. The Planning Division may impose conditions in the granting of a Temporary Use Permit. Conditions must relate to the requirements in paragraph (e) below or the performance standards set forth in paragraph (2)(a) and be directly related and bear a rough proportionality to the impact created by the temporary use. The following standard conditions shall apply to all temporary uses:

(1)

The applicant shall provide and remove trash, recycling, and compost receptacles for customer use. The applicant shall keep the permitted location free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The applicant bears responsibility for all litter and garbage left by customers.

(2)

The Planning Division may determine hours of operation; standard hours of operation shall be 8:00 am to 10:00 pm for any temporary use. The Planning Division may reduce these hours to lessen any negative impacts of the temporary use.

(3)

If the proposed sales hours extend after dark, the approval must include a lighting plan that demonstrates the use will operate with sufficient light to minimize any potential hazards or distractions to patrons and surrounding uses.

(4)

The permit shall set forth the location where the vendor may operate and it shall be a violation of this section for any vendor to engage in vending operations in any location in the City other than the location set forth in the permit.

(5)

The vendor shall keep a copy of the permit with the vending unit and demonstrate compliance with the permit and its conditions upon inspection.

(Code 1988, §§ 11.04, 11.78; Ord. No. 127, 2nd Series, 4-27-1995; Ord. No. 272, 2nd Series, 10-15-2002; Ord. No. 562, 2nd Series, 7-30-2015; Ord. No. 601, 2nd Series, 6-7-2016; Ord. No. 610, 2nd Series, 8-25-2016; Ord. No. 622, 2nd Series, § 1, 6-20-2017; Ord. No. 732, §§ 2, 3, 3-15-2022; Ord. No. 734, §§ 2, 3, 3-15-2022; Ord. No. 739, §§ 1—11, 6-7-2022; Ord. No. 754, § 1, 12-20-2022; Ord. No. 806, § 1, 11-5-2025)

(a)

Purpose. The purpose of this section is to establish procedures for the regulation of land use and development within the City to ensure development activity is compatible with nearby properties, neighborhood character, natural features, and consistent with the Comprehensive Plan, area plans, and applicable requirements of the Golden Valley City Code.

(b)

Applicability.

(1)

Site plan review shall be required in any of the following circumstances:

i.

The new construction of a multi-family or nonresidential building.

ii.

The expansion, remodel, or alteration of any multi-family or nonresidential building or other structure by more than 10 percent of its existing floor area, or overall size in cases where floor area standards are not applicable.

iii.

A change of zoning use, or where traffic, parking, noise or other impacts are greater than the impacts for the previously existing use, as determined by the Community Development Director or designee.

iv.

The construction and reconstruction of driveway approaches, gates, roads, shared access facilities, alleys, and driving surfaces within ingress/egress easements.

(2)

The following activities are exceptions to the previous section and shall not require site plan review:

i.

Permits authorizing residential construction for single-family residential uses, duplexes, and accessory dwelling units.

ii.

Any activity that is not considered a change in use, as determined by the Community Development Director or designee.

iii.

Any activity on the exterior of a multi-family or nonresidential building that does not exceed a 25 percent change in any existing facade or roof form.

iv.

Development activity approved via a previous site plan associated with an existing and current CUP, Development Agreement, or PUD.

v.

Interior alterations: provided that the interior alterations do not result in:

1.

Nonconformity with Federal Emergency Management Agency substantial improvement thresholds; or

2.

An increase in the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.

vi.

Normal building maintenance and repair.

vii.

Public trails, playgrounds, parks, ballfields, or other public facilities, amenities, and appurtenances.

(3)

Nothing in this subsection exempts interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes. For purposes of this subsection, "interior alterations" include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint.

(4)

No building permit shall be issued for any of the circumstances listed in Subsection (a)(1)(i-v) above unless a site plan is first approved by the City. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City.

(c)

Procedure for Site Plan Review and Approval.

(1)

An application for site plan review shall be submitted in writing and include payment of the applicable fee(s) established by the City Council.

(2)

The application shall be considered complete once the City receives a written request containing all information required by law, City Code, development application(s) and checklist(s), or by a previously adopted City rule, ordinance, or policy.

(3)

If the written application request does not contain all required information, the City shall send written notice, within 15 business days of receipt of the request, telling the applicant what information is missing.

(4)

Staff may request additional information and data from the applicant concerning site or operational factors and may retain expert assistance, with the consent and at the expense of the applicant, if necessary to evaluate the request in relation to the standards of the City Code.

(d)

Information Required. The site plan application shall contain sufficient information relative to the proposed development, including but not limited to the following items which are further described on the City's Application and Checklist forms.

(1)

Address and legal description of the subject property.

(2)

Status of Inflow/Infiltration compliance.

(3)

Property survey, including existing buildings, structures, etc.

(4)

Site Diagram.

(5)

Utility plan sheet showing the placement of utilities.

(6)

Grading and stormwater plan.

(7)

Landscape Plan and proposed screening details.

(8)

Parking, loading, and both on- and off-site circulation.

(9)

Building elevations.

(10)

Signage.

(11)

Lighting pole(s) and fixture(s) locations and a site lighting plan.

(e)

Site Plan Review. Based upon its review, City staff may approve, conditionally approve, request modifications, or deny the site plan based on evaluation of the site plan details with respect to the Site Plan's compliance with all provisions of the State law, City Code, and other regulations of the City of Golden Valley including but not limited to:

(1)

Off-street parking and loading, lighting, open space, and the generation of objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.

(2)

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

(3)

The relationship of the development to adjacent uses in terms of harmonious design, setbacks, public welfare, and negative impacts.

(4)

The provision of a safe and efficient vehicular and pedestrian circulation system.

(5)

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

(6)

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

(7)

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design.

(8)

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection on adjacent properties.

(9)

The location, size, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

(10)

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

(11)

Protection and conservation of water courses and areas subject to flooding.

(12)

The adequacy of water, drainage, sewerage facilities, garbage disposal, and other utilities necessary for essential services to residents and occupants.

(f)

Approval Process.

(1)

The Community Development Director or designee shall review and approve, approve with conditions, or deny all site plans.

(2)

If development of a lot with an approved site plan has not commenced within two (2) years of the date of final approval of the site plan, the site plan shall be deemed to have expired, and the approval shall be null and void.

(3)

If a site plan is denied, the applicant may appeal to the Board of Zoning Appeals in accordance with City Code Section 113-27.

(4)

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the Community Development Director or designee shall have the authority to approve minor modifications of an approved site plan, provided that such modifications do not materially change the circulation and building location on the site, or any conditions specifically attached as part of approval.

(5)

Applicable elements of the approved Site Plan shall be used in the application for any subsequent permits for the Development. In all instances, the approved Site Diagram shall accompany the permit application.

(Code 1988, § 11.48; Ord. No. 397, 2nd Series, 6-6-2008; Ord. No. 791, § 7, 12-17-2024)

(a)

The City shall review the division or combination of tax parcels by the County in order to ensure that structural nonconformities are not created as a result of the division or combination.

(b)

A request to divide or combine tax parcels must be approved by the City prior to the addition or removal of a property ID by the County.

(c)

A request for approval of a tax parcel division or combination shall be accompanied by the submission of a property survey in order to demonstrate conformance with this chapter. Upon finding that all City requirements have been met, the City Manager or his/her designee shall grant approval for the tax parcel division or combination, as established and defined by the County.

(d)

Once approved, the City shall notify by mail all property owners within 250 feet of the subject site.

(Ord. No. 620, 2nd Series, § 1, 3-21-2017; Ord. No. 622, 2nd Series, § 2, 6-20-2017)

(a)

Reserved.

(b)

Purpose. The purpose of the preapplication conference or meeting shall be to acquaint the applicant with the substantive and procedural requirements of the Golden Valley City Code and applicable elements of the comprehensive plan, arrange such technical and design assistance as will aid the applicant, and to otherwise identify policies and regulations associated with the proposed Development.

(c)

A preapplication conference or meeting shall be required for planning applications, including all Site Plan applications submitted in accordance with Section 113-32.

(1)

Only one preapplication conference or meeting shall be required for all project permit applications related to the same project, though an applicant may elect to arrange multiple conferences or meetings in relationship to a given project.

(2)

A preapplication conference or meeting shall precede the submittal of any project permit application.

(3)

Conferences are scheduled ahead of time for a specific date and time. The applicant provides a project narrative and any questions in advance to allow City staff time to prepare and invite the necessary attendees.

(4)

Meetings can be held in-person or virtually and are less formal than conferences. They are often conducted in a casual setting and can sometimes be unplanned at the front counter, if the applicant is ready to apply.

(5)

The community development director or designee may waive, in writing, the requirement for the conference or meeting for proposals that are determined not to be of a size and complexity to require the detailed analysis of a preapplication conference, or as otherwise determined not appropriate for such review.

(d)

It is impossible for the conference or meeting to be an exhaustive review of all potential issues. Neither the discussion nor the information form given to the applicant shall not bind or prohibit the city's future application or enforcement of the applicable law, rather, is intended to offer the applicant guidance in preparing a development proposal for submittal.

(e)

Preapplication Conference or Meeting Submittal Requirements.

(1)

To initiate a preapplication conference or meeting, an applicant shall submit a completed form provided by the city and all information pertaining to the proposal as prescribed by the Community Development Department's respective Application(s) and Checklist(s).

(2)

Failure to provide pertinent information regarding the request may prevent the city from identifying all applicable issues or providing the most effective preapplication conference or meeting.

(Ord. No. 791, § 8, 12-17-2024)

(a)

The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by Administrative Zoning Permit, and of matters requiring the approval of the Planning Division with the goal of protecting the health, safety, and welfare of the residents of the City.

(b)

Applicability. Any use identified as requiring an Administrative Zoning Permit within any section of this Chapter 113.

(c)

Procedure.

(1)

Applications for Administrative Zoning Permits, as provided within this Chapter, shall be filed with the Planning Division on an official application form.

(2)

The application shall be accompanied by the applicable fee as set forth in the City's Fee Schedule.

(3)

The Planning Division shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter.

(4)

The Planning Division shall consider possible adverse effects of the proposed events, use, or activity. Judgment and additional conditions of approval shall be based upon (but not limited to) the following factors:

a.

Compliance with and effect upon the Comprehensive Plan and applicable Zoning District regulations.

b.

The establishment, maintenance or operation of the use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, or welfare.

c.

The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.

d.

Adequate public facilities and services are available or can be reasonably provided to accommodate the use, event, or activity which is proposed.

e.

Whether the use conforms to the applicable standards outlined in the zoning district in which such use, event, or activity is proposed.

(5)

The Planning Division shall make a determination on approval or denial of the Administrative Permit within sixty (60) days from the date of submission of a complete application. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60-day time limit by a time period not to exceed sixty (60) additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60-day period.

(6)

If the application is approved, the Planning Division shall issue a written permit to the applicant. The permit may include specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter, and all such conditions shall be listed in the permit.

(7)

An applicant may appeal an Administrative Zoning Permit revocation to the City Manager. The City Manager shall, within 30 days from the date of such appeal, make their findings and determination with respect to the appeal and provide a written response to the applicant.

(Ord. No. 805, § 1, 10-21-2025)