Subd. 1. Purpose. The purpose of this subsection is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter.
Subd. 2. Exceptions. Except in those cases specifically cited within this chapter, the following shall be excepted from the foregoing requirements of this subsection:
1. Agricultural uses;
2. Single-family detached dwellings; and
3. Two-family attached dwellings if in a group of four or less dwelling units.
Subd. 3. Concept Plan.
1. Prior to the formulation of a site plan, applicants may present a concept plan to the Zoning Administrator prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than one foot and may include the following: All information as shown on the city’s concept plan handout.
2. The Zoning Administrator or designee shall review the plans for compliance with city standards and shall have the authority to refer the concept plan to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision on the request.
Subd. 4. Procedure. The process for filing a site plan is outlined below.
1. The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.
2. The Zoning Administrator or City Council shall approve, deny, or conditionally approve the site plan within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a later date agreed to in writing by the applicant.
a. Qualification. Site plans classified as minor projects may be administratively approved by the Zoning Administrator in lieu of City Council review and approval only for sites which meet the following criteria.
i. Sites shall be in non-residential zoning districts, including those within planned unit developments, and shall not be within 200 feet of any residentially used or zoned property.
ii. All sites must be legal parcels of record at the time of application.
iii. All applications for site plan approval must be complete and in full accordance with the requirements of this chapter. All applicable fees shall be paid.
iv. All development proposals and site plan layouts must meet or exceed the standards of all applicable codes, ordinances, and policies and must be free of any major variances from those standards.
v. No other subdivision or zoning applications that require Council approval are required.
b. Major Projects. Any project not classified or qualifying as a minor project shall be classified as a major project.
3. The applicant shall supply proof of title and the legal description of the property for which the site plan approval is requested, consisting of an abstract of title and as applicable supply documented authorization from the owner(s) of the property in question to proceed with the requested site plan application.
4. The Zoning Administrator or designee shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in conducting an evaluation of the request.
5. City staff shall have the authority to request additional information is provided by the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
6. The applicant or a representative thereof shall meet with the Zoning Administrator and/or city staff in order to present information and answer questions concerning the proposed request.
Subd. 5. Information Requirements. The information required for all site plan applications generally consists of the following items, and shall be submitted unless waived by the Zoning Administrator. All information as required on the city’s site plan handout.
Subd. 6. Site Amendment. An amended site plan involving major changes shall be applied for and administered in a manner similar to that required for a new site plan.
Subd. 7. Lapse of Approval. Unless otherwise specified by the Zoning Administrator, the site plan approval shall become null and void one year after the date of approval, unless the applicant or property owner has substantially started the construction of any building, structure, addition, or alteration or use requested as part of the approved plan. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.
1. In making the determination on whether an applicant has made a good faith attempt to utilize the site plan approval, the Zoning Administrator shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.
2. The request for an extension of site plan approval shall be determined by the Zoning Administrator within 15 days from the receipt of a complete request.
Subd. 8. Site Improvement Performance Agreement. Upon approval of a site plan, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the site plan approval and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.
Subd. 9. Site Plan Review Process. The review and approval of site improvements pursuant to the requirements of city adopted Building and Fire Codes shall be in addition to the site plan review process established under this chapter. The site plan approval process does not imply compliance with the requirements of these Building and Fire Codes.
Subd. 10. Formal Agreement. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the applicant and the city. Once approved, no changes, modifications, or alterations shall be made to any plan detail, standard, or specifications without prior submittal of a plan modification request to the Zoning Administrator for review and approval.