Memo- Conditional Use Permits and Site Plan Review
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. MEMO
To: City Council
From: Nancy Anderson
. Date: June 3, 2004
Subject: Conditional use permits and site plan review
I. INTRODUCTION.
There have been discussions regarding the criteria that require a conditional use permit
(CUP) to review proposed developments. This discussion has focused around the
threshold of requiring a CUP if the cost of the exterior improvements is over $150,000.
There have been criticisms of applicants taking out several permits, so as not to trigger
the $150,000 threshold, which would require the applicant to go before the Planning'
Commission and City Council for approval.
. The City Council and the Planning Commission discussed the proposed site plan review
ordinance at a work session in May 2003. The Planning Commission had a public
hearing in November 2003 and recommended approval of the ordinance to the City
Council. The City Council reviewed the attached ordinance in December 2003.
The City Attorney and various departments have reviewed the ordinance and made
comments. There may be some, minor changes to the' attached ordinance, depending
on the comments received at tonight's work session, but the basic ordinance is intended
to remain the same.
The proposed ordinance, has been modified because of the discussion at the work
se,ssion in December. Section 526.01 Subd. 2 c was changed to increase the
percentage of building to be enlarged from 10 percent to 20 percent. Subd d. was
removed. This subdivision gave the planning department discretion to determine when
a site plan review was required. SLJbd. e was amended so a site plan review was not
required on, sides of a building not facing a right-of way. .
II. CONDITIONAL USE PERMIT REQUIREMENTS.
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A conditional use permit IS required whenever:
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. 1. The 'proposed us~ is specified as a conditional use,provided that a new
conditional use permit or amendment to an existing conditional use permit shall
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.". not be required fori) remodeling or improvement to the interior of an existing
conditional use that does not change the nature or increase the intensity of such
lise, ,or ii) changes in an existing conditional use that are determined to be non-
significant under the provisions of subdivision 15 of this ordinance.'
2. The proposed use is listed as requiring, under either the general or special
provisions of this code, a conditional use permit; or
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3. The building permit requested is for a new constructiOn or for the enlargement,
remodeling or repair of the exterior of any existing building, including structures
accessory thereto, at the cost of at least $150,000, exceptone-through-four
family structures. The cost shall be' determined by the building inspector using
the latest published state building code valuation data. "
If a building permit application does not meet One of the above requirements and the
permit involves exterior improvements, the planning department will" do, an
administrative review for zoning compliance of the improvements. "
III.' OTHER TYPES OF REQUIREMENTS.
In researching the thresholds other cities use to review developments, none use a dollar
amount as a threshold for a review. ' This discussion brings up another topic, on whether
. the CUP process is the correct procedure to review and approve developments. None
of the cities reviewed use a CUP process for approving developments. Other cities use
a site plan approval process.
..
~It appears that the cities use certain actions to require' a site plan approval and then
have exceptions to that. Thefollowingseerrl to be the requirements many of the cities
use to require a site plan review:
1. Construct a building.
2: Move a building to any lot within the city.
3. Expand or 'change th~ use of a building or parcel of land or modify a building,
accessory structure, site or land feature in any manner, which results in a
different intensity of use, including the requirement for additional parking.
4. Grade or take other actions to prepare a site for development, except in
conformance with a permit or an approved plan.
5. Remove earth, soils, gravel or other natu ral material from or place the same on a '
site, except in conformance with a permit or an approved plan.
Examples of the common exceptions cities us~ are the following:'
1. Construction or alteration of a single or two-family residential building or,
. accessory building on a lot zoned for residential use.
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. ' 2. Enlargement of a building by less than te,n (10)percentof itsgross floor area,
provided that there is no variance involved and also provided that the director
of planning has conducted an administrative review. " '
3. Changes in the leasable space of a multi-tenant building where the change
does not intensify the use or require additional parking. '
4. Modifications, additions, or enlargements which do' not increase the gross
floor area of the building by more than 25 percent and which do not involve a
variance from the provisions of this zoning code may, at the discretion of the
city manager, be exempted from some, or all, of the procedures for building
and site plan approval. In these instances an administrative site plan review.
shall be performed and suitable documentation of such be placed in the
property file. The city may require such Improvements as deemed necessary
to meet the intent ahd standards of this code and to maintain or improve the
quality of the existing site plan. ,
5. Changes in the use of leasable space in single or multi-tenant' buildings
where the change of tenant does not intensify the use of such space nor
require additional parking or result in an inability to' maintain the' required
'. performance standards. " '.
6. Expansion of parking not related to modification, additionorenlargements to
the gross floor area of an existing building.
7." Construction of structures or buildings "accessory to a permitted or
conditionally permitted use within the respective zoning district when such
. accessory use is also permitted in .said district.
IV. OTHER ORDINANCES.
Attached are. several other cities' requirements .andexceptions for site' plan approval
and a draft of a site plan review ordinance.
Attachments
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2004-:000
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AN ORDINANCE FOR THE PUR.POSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY'
RESIDENTS BY REGULATING THE SITE PLAN REVIEW PROCESS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS ,.
FOLLOWS:
Subsection 525.13, Subd. 2, of the Hopkins City Code is here~y amended as follows:
525.13. Subd. 2. A conditional use permit is required whenever: '
a) the proposed use is specified as a conditional use, provided that anew.conditional use
permit or amendment to an existing conditional use perrllit shall not be ~required for I)
remodeling or improvement t the interior of an existing. conditional use that does not
. change the nature or increase the intensity ,of such use,orII)cnanges in an ,existing
conditional use that are determined to be non.,;significant under the provisions of
Subdivision 15 of this ordinance.
b) the proposed use is. listed as requiring, under either the general or special provisions of
this code, a conditional use permit; or
cj the building permit requested is for tl new. construction' or for the enlargement,
remodeling, or repair of the exterior' of any . existing. building including structures
accessory thereto, at the cost of at least $150,000 except on tl1rough four family
structures, the cost shall be determined' by tho building inspector using the latest
published state building, code valuation data.
525.13 Subd. 4. Special case: application under subdivision .2c. The application for any
building permit for the construction or .alteration set forth in subdivision 2c shall include
or specify at least the follov;ing additional information, and a copy such application must
be attached to and accompany the application for the conditional use permit:
a) exterior elevations of the proposed structure;
b) height, size, design and appearance of all elevations of the proposed building or
addition faceting any public thoroughfare or other area ovmed or operated by the
public;
. c) description of the construction,and the material proposed to be used;
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. d) grade of the lot in relation to the street;
e) location and surfacing of all proposed parking facilities;
^ f) .locution of proposed building or addition on such lot;
g) all access'to public sidewalks, streets ana alleys ,. available to occupants and users; ,
and
h) description of the function plan or the proposed struoture when erected.
SITE PLAN REVIEW
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The following subsection 526 is hereby enacted and adopted as part of the Hopkins City
Code.
526.00 Purpose. This section establishes site plan review procedures and provides
regulations pertaining to . the enforcement of site design standards consistent" with the
requirements of this' section. These procedures are established to promote high quality
development to ensure the long-term stability of residential neighborhoods and enhance
the built, and natural environment within the, city as. new development and, other areas
. redevelopment activities occur. . The specific goals of the city are:
1. ' To ensure the application of quality design principles within new and
redevelopment proiects. ,
2. To protect the long-term public interest bv ensuring the internal and
external relationship of property improvements.
3. To ensure the active participation and review of site plans by the affected
public.
4. To mitigate to the extent possible adverse impacts of one development
upon another.
5. To ensure new development contains elements of internal cohesiveness
to promote good neighborhood atmosphere.
6. Implement the Comprehensive Plan.
7. Promote the orderly and safe flow of vehicular and pedestrian traffic.
8., . ProtectrJublic safety.
526.01 Site Plan Review. Subdivision 1. Purpose. It is the intent ofthis section to serve
the public interest by promoting a high standard of development within the City. Without
first obtaining site plan approval it shall be unlawful to do any of the Jollowing:
a) construct or enlarge a building.
. b) move a building to any lot within the city~
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. c) expand or chanee theuseofa buildineorparcel ofIand or modify a buildin2:.
accessory structure or 'land feature in any manner which results ina ereater
intensity of use. in:cludine the construction of additional parkine..
"
Subd. 2. Exceptions. Notwithstanding the provision of Subdivision 1 of this section, the
following shall not require site plan approval:
a) chan2esin the leasable space ofa multi.;.tenant buildine where the chanee does
notbltensify the. use. require additional parkin!!. or result hI an inability to
maintain required performance standards as specified in subsection 18 of this
ordinance; or
b) the' construction.enlareement~ or the movineinto the citv.. of one-throueh
four- famiIvstru ctures.
c) enlareenient ofa buildine bv less than 20 percent of its eross floor area.
provided that there is no variance involved. that thePlannine Department
has conducted an administrative review and the enlareementisunder 10.000
square .feet.
d) Reconstruction. replacement. and' remodeline of materials on less than 50
. percent on anv part of the exterior ora btiiIdine.
525.13 Subd. 3. Application. The application fora site plan review must contain atIeast
the following data: The Planning department may waive inclusion of one or more ofthe
items ifnot relevant to' an individual application:
a) a plat or map of the property showing the proposed improvements prepared by a
Registered Land Surveyor;
b) existing site plan;
c) site plan showing location of all buildings, and structures with dimensions;
d) complete landscaping plans reflecting all information and standards set forth in
the adopted city landscape ordinance, including species and showing planting
size, pathway. system, width and material, screening fences with detail, lighting
system, and recreational features, if any;
,e) drainage plan indicating existing and proposed drairiage patterns showing catch
basins and underground improvement;
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. f) utility systems for sanitary sewer, water, gas, telephone, and electric which shall
all be underground for new construction and indicating public or private
ownership of utilities: '
g) off-street parking, drives and access plan;
h) off-street loading plan, if any is necessary;
i) such other information as may be requIred by the Planning department.
j) location of trash container, screening and type of material for screening of the
trash container and pick-up plan . , ,
k) plan for adjustment to existing right-of-way, easements, utilities and new"
dedications;, and ' ,
1) architectural plan showing elevations, entrances, heights, floorplans and material
to be used on the exterior.
m) exterior elevations of the proposed structure;
n) height, size, design, and appearance of all elevations of the proposed building or
. addition facing any public thoroughfare or other area owned or operated by the
public;
0) description of the construction and the material proposed to be used;
p) grade ofthe lot in relation to the street;
q) location and surfacing of all proposed parking facilities;
r) location of proposed building or additiononsuch lot;
s) all access to public sidewalks, streets and alleys available to occupants and users;
t) description of the function plan or the proposed structure when erected;
u) stormwater management plan;
v) potential for adversely affecting historic places or affecting known.or discovered
archeological sites.
w) areas requiring environmental review under state or federal law:
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. x) potential of affecting threatened or endangered species or their habitat.
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. y) temporary and permanent erosion control and sediment plan;
Subd. 4. Filing. Applications for site plan. review shall be filed with the Planning
department with such filing fee as may be from time to time established by resolution of
'the City Council. The request shall be considered as being officially submitted and
complete when the ,applicant has complied with all the specified." information
requirements.
Subd. 5. Ownership.. The applicant shall supply proof of ownership of .the property for
which the site plan approval is requested or., supply written authorization from the,
owner( s) of the property in question to proceed with the requestedsite plan approval.
Subd.6.. Additional information. The Planning Commission, City staff, and City
Council shall, have the . authority to requ.est additional information from the applicant
concerning operational factors or to require expert testimony with the consent and at the
expense of the applicanfconcerning operational factors. Saidinfoimation is to be
, declared necessary to evaluate the request and/or to establish performance conditions in
relation to all pertinent sections of this subdivision. Failure ori the part of the applicant to
supply all necessary supportive intormation may be grounds for denial of the request.
Subd. 7. Expiration. A site plan review expires one year after it has been issued unless
the use for which the permit had been granted is in effect. Extensions maybe granted
. provided the applicant submit ,a letter to the Planning department requesting an' extensiori
30 days before the expiration of said approval. The letter shall state the facts of the
request, showing a good-faith attempt to utilize the approval,.and it shall also state the
additional time being, requested' to' begin' the proposed construction. 'The Planning
Department.. may grant the extension if it is ,determined that.. construction' will ' be
commenced within the, one-year extension period. Only' one such extension may be
granted. A second request for a time extension shallbe presented to the City Council for
consideration. ..' ' '
Subd. 8. Public hearing. At least ten (10) . days before the date of a public hearing a
notice of said hearing shall be mailed to the owners of all property within three hundred
fifty (350) feet oUhe subiect property. The assessing records shall be deemed sufficient
for determining the location and ownership of all such properties. The notice of public
hearing shall include the time and place of the hearing, the specific, request to be
considered, any proposed use of the property different than its existing use, the legal
description of the property, the property's street address, and the property's current
zoning classification if applicable. ' The Planning Commission shall hold the public
hearing on the application at its first regular meeting following appropriate legal notice.
The applicant and/or his representative shall appear before the Planning Commission at
this hearing to answer questions regarding the request.
Subd.9. Commission recommendation Within fifty (SO) days following the submission
. of a completed application for a site plan review, the Planning Commission shall forward
a recommendation on the application to the City Council, and it shall recommend
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.' approval of the application as submitted, approval of the application subiect to certain
modifications or conditions therein, or disapproval of the application. The Commission's
recommendation shall be in resolution form. stating said finding of fact in support. or
opposition to the request as filed or amended. If no action on an application is taken by
the Planning Commission within fifty (50) days and there has been no delay caused or
requested by the applicant,' or the City has not notified the applicant the item will be
continued fot up to an additional 60 days, the application shall be forwarded to the City
Council without comment. Final approval of the site plan requires a simple maiority vote
of the City Council. ' . " , ,
Slibd. 10. Specific proiect. Site and building plans shall be valid oniy for the project for
which approval is granted. Construction of all site. elements shall be in substantial
compliance with the plans and specifications approved by the Planning Commission and
City Council. . . '
Subd. 11. Multiple applications. Any site plan review application, which is
accompanied by a request for a conditional use permit, variance, Comprehensive Plan
amendment, preliminary/final plat and/or fora zoning map amendment to this ordinance
shall be considered by the Planning Commission concurrently with the site plan review
application.. ,
Subd. 12. Conditions. The Planning Commission and City .Councilmay' impose
. ,conditions in granting approval to the site and building plans to. promote the intent of this
, section or to protectadiacent properties.
Subd. 13. Preliminary concept plan. The applicant may request a preliminary meeting
with the Commission in connection with a site plan review application to explore the
concept ideas and all other pertinent general information. The. request' shall be
accompanied with at least the information as required by the Planning department.
Subd. 14. The Planning Commission may recommend and the CitvCouncil mavimpose
such conditions and restrictions as deemed necessary to protect the public interestand to
secure compliance with the requirements of the ordinance. The conditions may include
the execution and submission of a development agreement with a supporting financial
guarantee that the subiect property will be constructed,. developed and maintained. in
conformance with the plans, specifications and standards. '
Subd. 15. Development agreement. A site plan review approval may be conditioned
upon a development agreement to be signed by the Citv and the developer. Any costs
incurred in preparing the development agreement are the responsibility of the applicant.
Subd. 16~ Amendments. Holders of an approved site plan may propose amendment to
the plan at any time following the procedures for anew review as set forth in this section,
except where administrative approval may be granted by the Planning Department. No
. significant changes in the circumstanc'es or scope of the site plan shall be undertaken
· without approval of those amendments by the City. The Planning department shall
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. 'determine what constitutes significant change. Changes include, but are not limited to,
expansion of structures and/or premises, different and/or additional signage, operation or
modification resulting in iricreased external activities,' the location, sitting and heights for'
buildings and structures, landscape. plan, traffic or other circumstances not foreseen at the
time the .final plan was approved. The Planning Commission may recommend, following,
the procedures for hearing and review set forthin this section, and the City Council may
approve significant changes and modifications to the site plan, including the application
of additional or revised conditions. .
Subd..17. Evaluation Criteria. The Planning Conimissionarid City Council shall evaluate
the effects oftheproposed site plans. ,This review shall be based upon~ but not be limited
to, compliance with the City Comprehensive 'Plan' and provisions of the' Zoning "
Ordinance and the following standards:
525.13 Subd.18. Standards. In evaluating aconditionul use p~rmit site plan review
application and the granting of a site plan review approval, the Planning Cqmmissionand
City Council shall consider and require compliance with the following standards,
conditions and. requirements:
a) the consistency'with the elements and objectives ofthe City's development plan,
including the Comprehensive Plan, public facilities, .capital improvement plans,
and any other relevant plans at the timeoftherequest;'
. b) consistency with this ordinance; . , . '
c) creation of a harmonious' relationship' of buildings and open spaces with natural
site features and with existing and future buildings having a visual relationship to
the development;
d) creation of a functional and harmonious design for structures, and site features,
with special attention to the following: '
1) an internal sense of order for the buildings and.uses of the site and
provision of a desirable environment for occupants, visitors and the
general community; .
2) the amount and location of open space and landscaping;
3) material, textures, colors and details of construction and expression of the
. '
design concept and the compatibility of the same with the adjacent and
neighboring structures and uses; and ,.'
4) vehicular and pedestrian circulation, including walkways, interior drives
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and parking in terms of location and number of access points, general
interior circulation, separation of pedestrian and vehicular traffic and
arrangements and amount of parking.
e) promotion of energy conservation through design, location, orientation and elevation
of structures, the use and location of glass in structures and the use of landscape
materials and site grading;
f) protection of adjacent and neighboring properties through reasonable provision for
. surface water drainage sound and sight buffers, preservation of view. Light and air
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. and those aspects of design not adequately covered by other regulations which may
have substantial effects on neighboring land uses and;
g) the use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor tend to or actually diminish
and impair property values within the neighborhood: .
h) traffic impacts such as, increases in vehicular traffic, . changes in traffic movements,
traffic. congestion, interference with other transportation systems orpedestrian traffic,
and traffic hazards shall be considered by the. Planning Commission and City Council
in evaluating an application for a site plan review. The applicant shall demonstrate the
proposed sife plan shall not cause unacceptable increases in vehicular traffic, traffic '
congestion or interference with other transportation systems or pedestrian traffic, and
. will not create traffic hazards or excessive traffic through resid<mtialareas or
, '
otherwise cause adverse effects on residential areas or dwellings. The City staff may
require the applicant to subtnita traffic study prepared by a traffic consultant approved
by the City to demonstrate the applicant's compliance withtllerequirements of this
paragraph. As a condition ofthe approval of a site plan, the City Council may require
the applicant to incorPorate in the applicant's proposal and construct such traffic
control measures and improvements as the City Council may deem necessary,
including but not limited to direction signalization, channelization; stand-by turn lanes,
sidewalks, removal of access points to public streets and moving of access points to
public streets.
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. First R.eading: xxxx 00,2004
Second Reading: . xxxx 00,2004
Date of Publication: xxxx 00, 2004
Date Ordinance Takes Effect: xxxxOO,2004
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Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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. ,. Cottage Grove
Require~:
1. A site plan shall be approved before a: building permit for a: new structure ,or major
addition to anexisting structure may beissued.
2. The, purpose of such approval is to assure that new developments conform to the City's
development standards and ordinances arid provide the most appropriate and compatible -
site plan for the area.
3. No grading shall be performed on the site ahd no building permit shall be issued until the
site plan has been approved. ' '
Exceptions:
1. The construction or alteration of a single-family detached dwelling and its associated
accessory building on an individual lot.
2. Agricultural buildings.
3. Any other situation where the Direction of Community Developmen(detemiinesthat the
. preparation, review and, approval by' the Planning Commission and City Council oX a
detailed site plan is unnecessary to meet the obj ective of the section: .
Brooklyn Park
, Required:
'1. Construct a building,
2. Move a building to any lot within the, city.
.,3. Expand or change the use of a building or-parcel of land or modify abuilding, accessory'
structure or site or land featurein any manner, which results in a different intensity of
use, including the requirement of additional parking.
4. Grade or take any action to prepare a site fordevelopment, except in conformance with a
grading permit, an approved neighborhood plan or an approved Conditional Use Permit.
S. Remove earth, soils, gravel or other natural material from or place the same on a site,
except in conformance with a building or grading permit or an approved neighborhood
development plan or an approved Conditional Use Permit
Exceptions:
1. Agriculturalstructures I the R-l Urban Reserve District provided they comply with all
sections of the City Code.
.
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. 2. Accessory structures in residential developments under 120 square feet and 18 feet in
height or the height of the prin:cipal structure, whichever is less, provided the comply
with 152260-152.263.
Administrative site plan review:
1. Site and building plans for projects may qualify for administrative site plan review and be
approved by the City Manager in lieu of City Council approval when they meet the
following criteria, except as otherwise expressly provided by this chapter: '
a., Residential property with one dwelling unit per parcel, including those residential
properties within the Planned Community DevelopmentDistrict, the Planned Unit
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Development District or Special Zoning Overlay that have already been approved
through another procedure arid are in compliance with the approved plan.
b. Site and building plans that do not require any variances from this' chapter or any
other city code provided that:
1. The site and building are designed to accommodate a permitted use in the,
zoning district that property is located in.
2.The use is nota nonresidential use, in a residential district.
3. The use does not provide drive-through service., '
4. The structure is ina non-residential zoning district and in notadjacent to any
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. property zoned or guided for residential development other than property in
Urban Reserve District.
5. The use is not in the Public Institution District
6. The use is not for a religious institution.
T. Expansions for projects classified conditional or that originaily needed
Planning Commission final site plan approval, or are located ina PUD or
PCDD district, or a Special Zoning Overlay and are no more than ten percent
of the floor area of the existing building, and/or affect no more than 10
percent of the affected site. "They may include, but are not limited to,
changing parking and circulation routes, changes in buffering or landscaping
against abutting adjacent residential, etc.
8. Uses thaf have already received a conditional use permit or approval of a
general plan of development for a project in the PCDD, provided that the site
and building plans are in compliance with the approved permit or plan and the
requirements arid conditions of the permit or plan have been fulfilled..
Plymouth
, . Exceptions:
1. Agricultural uses in the FRDZoning District, with the exception of nurseries,
greenhouses, landscape gardening and tree farms;. '
. 2. Single family detached dwellings.
3. Two family attached dwellings.
" .
. Minor Projects
Qualificatian.Site plans may be classified as minar projects and may be administratively
appraved by the Zaning Administratar in lieu af PlanningCammissian review and City Cauncil
approval anly far~ites which meet the follawing criteria, except as atherwise expressly pravided
by this chapter: ' ,
1. Site shall be in nan-residential zaning district, including thase within planned unit
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develapments, and shall nat be within two. hundred (ZOO) feet af any residential property
ather than praperty in the Futur~ Restricted bevelapmentDistrict .which the Land Use
Guide Plan classifies as nan-residential.
2. All sites must be in the urban zaning district which carrespands with the
Comprehensive LartdUse Guide Plan classificatian far the praperty.
3., All sites must be legal parcels afrecard at the timeaf applicatian. ,
4. ' All applicatians for site plan approval must be camplete and in full accardahce with the
requirements afthis chapter. All applicable fees shall be paid. . .'
5. All develapment prapasals arid site plan layauts must meetar exceed the standards af
all applicable cades; ardinances, and palicies and must be free of any majar variances
fram thase standards. "
6. Onlyapplicatians far uses explicitly classified as pennitted uses within the respective
zaning district af this chapter are eligible far administrative appraval.
. Minnetonka
Required
1. Canstruct a building.
2. Mavea building to. anylat within the city.
J. Expand ar change the use of a building or parcel af land ar modify a building, accessary
structure ar site ar land feature in any manner which results in a different intensity af use,
including the requirement far additianal parking.
4. Grade or take ather actians to. prepare a site far develapment, except in canfannance with
a pennit ar an appravedplan.
5. Remave earth, sails, gravel ar ather ,natural material fram ar place thesari:1e an a site,
except in canfannance with apennit ar an appraved plan.
" , Exceptions
1. Canstructian ar alteratian af a single-family residential building ar accessary building.
2. Enlargement af a building by less than 10 percent af its grass flaar area,pravided that
there is no. variance invalved and also. pravided that thedirectar af planning has
canducted an, administrative review pursuant to. subdivisian 9 of this sectian.
3. Change .in the leaseable space af a multi-tenant building where the change daes nat
. intensify the use, require additianalparking, ar result in an inability to. maintain required
perfannance standards as specified in section 300.28 afthis ardinance
.
. 4. Construction or alteration of any use permitted within the R-2 district, unless required by
the Planning Commission or City Council at the time of rezoning or plat approval.
Chanhassen
Required:
1. Construct a building
2. Move a building to any lot within the city
3. Expand or change the use of a building or parcel, of land or modify' a building, accessory
structure or site or land feature in any manner which results ina different intensity of use,
including the requirement for additional parking.
Exceptions:
1. Construction or alteration ofa single-or two-family residential building or accessory
building on a lot zoned ror residential use.
2. Enlargement of abuilding by lessthan ten (10) percent of its gross floor area, provided
that there is no variance involved and also provided that the director of planning has
. conducted an administrative review pursuant to section20~ 13 3 of this section
3~ Changes in the leasable space of a multi-tenant building where the change does not
intensity the use or require additional parking
4. Construction of buildings for agricultural uses on land zoned and utilized for agricultural
purposes.
5. Moving a residence or accessory building to any lot zoned A~ 1, A-2, RR, or RSF
provided that the lot and structure sitting comply with all applicable zoning ordinance
standards.
Administrative approvals
Minor, site plan and building alterations, which do not involve a variance, which, are consistent
withthe intent of the approval relative to all aspects of the site and building plans and which are
not accompanied by other matters requiring consideration by the planning commission or city
council, may be approved by the director of planning. The director is not authorized to approve
the principal construction of new buildings or alterations to existing buildings that would add
more than ten (10) percent to the existing gross floor area. If any application is process
administratively, the director of planning shall render a decision within thirty (30) days and shall
serve a copy of the decision upon the applicant by mail. Any person aggrieved by a decision of
the director of planning may appeal the decision to the planning commission in the manner
specified in section 20-109 of the division.
.
. i
. New Hope
" Required
1. Erection of a building or buildings.
,2. Moving of a building or buildings to location or locations, within the, City.
3. Changing the use of a building or parcel from one type' of IMd use to another; Changes
in. occupancy envisIoned by thfs . section shall" include office to, retail, warehouse to
assembly, retail to restaurant and similar actions that result in a different intensity of use. '
4. Modification of or additions or enlargements to a building, . Of" buildings, accessory site
improvements, and/or land features of a p~rcel of land that result in the need for
additional parking.
5. Grading, site preparation, Md removal or placement of soils, rock and concrete material.
Exceptions t6 review
1. New on-site construCtion of detached single or two~fai:nilyn~sidential structures, or uses
or structures, accessory thereto. '
2. Modifications, additions, or enlargements which do not' increase the.' gross floor area' of
the building by more than 25 percent and '. which do not involve a variance from the
provisions of this zoning code may, at the, discretion of the city matlagerbe exempted
from some, or all;, of the procedures for building and site plan approval. In these
. instances ,an administrative site plan review shall be performed and suitable
documentation of such be placed in the property file. ,The city may require such
improvements as deemed necessary to meet the illtent and standards of this Code and to
maintainor improve the quality of the existing site plan.
3. Changes in the use of leasable space in single or multi-tenant buildings where the change
of tenant does not intensify the use of such space nor require additional parking or result
in an inability to maintain the required performance sfandards. .
4. Expansion of parking not related to modification, addition or enlargements to the gross
floor area of an existing building. , ,,' ,
5. Construction of structures or buildings accessory to a permitted or conditionally
permitted use within the respective zoning district when such accessory use is also
permitted in said district.
Crystal
Required
L Construct a building.
2. Move a building to any lot within the city.
3. Expand or change the use of a building or parcel of land or modify a building, accessory
. " structure or site or land feature in any manner, which results in a different intensity of
use, including the requirement for additional parking.
.. 4. Grade or take other actions to prepare a site for development, except in conformance with
a permit or an approved plan.
. .
. 5. Remove earth, soils, gravel or other natural material from orplace the same on a site,
except in conformance with a permit or an approved plan.
Exceptions
1. Construction or alteration ora single-family. residential building or accessory building.,
2. Enlargement of a building by ress than 10 percent of its gross floor area, provided that
there is not variance involved and also provided that the director' of community
development has conducted an administrative review pursuant to subsection 520.15.
3. Changes in the lea~able space of a multi-tenant. building where the change does not
intensify the use, require additional parking, or result in an inability to maintain required
performance standards.
4. Construction or alteration of any use permitted within the R-2district, unless required by
the planning commission or city council at the time of rezoning or plat approval.
West Sf. Paul
Site Plan approval in Residential Districts
!tis declared to be the policy of the City to preserve, protect and promote attractive and well
. maintained residential environmental for its citizens. For the protection of residential area,
imaginative site design concepts ,shall be employed in the development of respective sites. With
the exception of single-family dwellings. and two family dwellings, this site plan approval
process applies to all new construction in the Rl, R2, R3 and R4 zoning district.
Site and.buildtngplan approval procedure in commercial and,industdal districts,
It is declared to be the policy of the City to preserve arid promote attractive and stable business
environments for its citizens through encouraging well-conceived, high quality developments.
,To this end, imaginative site design concepts shall be employed in the, development and
redevelopment of respective site. This provision applies to commercial orindustrial buildings in
the B 1, B2, B3, B4, 11 and Planned Development Districts that involves:
a. New construction
b. ,Construction or reconstruction that substantially alters the footprint or the
structural height of the building.
c. Cons'tructioh or reconstruction involving modification or replacement of the
exterior materials on the building.
d. Construction or reconstruction to change the configuration of the parking area.
.