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Memo - Conditional Use Permits and Site Plan Review• 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 session 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. Subd. 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. A conditional use permit is required whenever: • 1. The proposed use is specified as a conditional use, provided that a new conditional use permit or amendment to an existing conditional use permit shall • • not be required for i) remodeling or improvement to the interior of an existing conditional use that does not change the nature or increase the intensity of such use, 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 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, except one - 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. 111. 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. The following seem 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 the 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 natural 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 use 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. • • • Attachments 2. Enlargement of a building by less than 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. 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 and 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, addition or enlargements 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 and exceptions for site plan approval and a draft of a site plan review ordinance. • CITY OF HOPKINS Hennepin County, Minnesota • • ORDINANCE NO. 2004-000 AN ORDINANCE FOR THE PURPOSE 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 hereby 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 a new conditional use permit or amendment to an existing conditional use permit 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, or II)changes 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 c) the building permit requested is for a new construction o • . remodeling or repair of the exterior of a accessory thereto, at the cost of at 1 t $150,000 except on through four family structures, the cost shall be determined by the building inspector using thc latest published state building codc valuation data. 525.13 Subd. 4. Special case: application under subdivision 2c. The application for any or specify at least thc following additional information, and a copy such application must be attached to and accompany the application for the conditional use permit: a) exterior elevations of thc proposed structure; c) description of the construction and the material - proposes te-be -used; • • d) grade of the lot in relation to the street; e) location and surfacing of all proposed parking facilities; f) location of proposed building or addition on such lot; g) all access to public sidewalks, streets and all and h) description of the function plan or the proposed structurc whcn erected. SITE PLAN REVIEW 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 prof ects. 2. To protect the long -term public interest by 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. Protect public safety. 526.01 Site Plan Review. Subdivision 1. Purpose. It is the intent of this 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 following: a) construct or enlarge a building. • b) move a building to any lot within the city; • • • c) expand or change the use of a building or parcel of land or modify a building, accessory structure or land feature in any manner which results in a greater intensity of use, including the construction of additional parking. Subd. 2. Exceptions. Notwithstanding the provision of Subdivision 1 of this section, the following shall not require site plan approval: a) changes in the leasable 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 as specified in subsection 18 of this ordinance; or b) the construction, enlargement, or the moving into the City, of one - through four - family structures. c) enlargement of a building by less than 20 percent of its gross floor area, provided that there is no variance involved, that the Planning Department has conducted an administrative review and the enlargement is under 10,000 square feet. d) Reconstruction, replacement, and remodeling of materials on less than 50 percent on any part of the exterior of a building. 525.13 Subd. 3. Application. The application for a site plan review must contain at least the following data: The Planning department may waive inclusion of one or more of the items if not 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 drainage patterns showing catch basins and underground improvement; • • • 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, floor plans 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; o) description of the construction and the material proposed to be used; p) grade of the lot in relation to the street; q) location and surfacing of all proposed parking facilities; r) location of proposed building or addition on such 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; x) potential of affecting threatened or endangered species or their habitat. • • • 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 requested site plan approval. Subd. 6. Additional information. The Planning Commission, City staff, and City Council shall have the authority to request additional information from the applicant concerning operational factors or to require expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information 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 on the part of the applicant to supply all necessary supportive information 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 may be granted provided the applicant submit a letter to the Planning department requesting an extension 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 shall be 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 of the subject 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 (50) 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 • • • approval of the application as submitted, approval of the application subject 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 for 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 majority vote of the City Council. Subd. 10. Specific project. Site and building plans shall be valid only 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 for a 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 Council may impose conditions in granting approval to the site and building plans to promote the intent of this section or to protect adjacent 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 City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and 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 subject 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 City 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 a new review as set forth in this section, except where administrative approval may be granted by the Planning Department. No significant changes in the circumstances or scope of the site plan shall be undertaken without approval of those amendments by the City. The Planning department shall • • • 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 increased 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 forth in 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 Commission and City Council shall evaluate the effects of the proposed 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 a conditional use permit site plan review application and the granting of a site plan review approval, the Planning Commission and City Council shall consider and require compliance with the following standards, conditions and requirements: a) the consistency with the elements and objectives of the City's development plan, including the Comprehensive Plan, public facilities, capital improvement plans, and any other relevant plans at the time of the request; 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 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 • • 411 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 or pedestrian 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 site 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 residential areas or otherwise cause adverse effects on residential areas or dwellings. The City staff may require the applicant to submit a traffic study prepared by a traffic consultant approved by the City to demonstrate the applicant's compliance with the requirements of this paragraph. As a condition of the 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. First Reading: xxxx 00, 2004 Second Reading: xxxx 00, 2004 Date of Publication: xxxx 00, 2004 Date Ordinance Takes Effect: xxxx 00, 2004 ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date Eugene J. Maxwell, Mayor • • • Required: 1. A site plan shall be approved before a building permit for a new structure or major addition to an existing structure may be issued. 2. The purpose of such approval is to assure that new developments conform to the City's development standards and ordinances and provide the most appropriate and compatible site plan for the area. 3. No grading shall be performed on the site and 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 Development determines that the preparation, review and approval by the Planning Commission and City Council of a detailed site plan is unnecessary to meet the objective of the section. 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 in a different intensity of use, including the requirement of additional parking. 4. Grade or take any action to prepare a site for development, except in conformance with a grading permit, an approved neighborhood plan or an approved Conditional Use Permit. 5. 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: Cottage Grove Brooklyn Park 1. Agricultural structures I the R -1 Urban Reserve District provided they comply with all sections of the City Code. • • 2. Accessory structures in residential developments under 120 square feet and 18 feet in height or the height of the principal structure, whichever is less, provided the comply with 152.260- 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 Development District, the Planned Unit Development District or Special Zoning Overlay that have already been approved through another procedure and 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 not a nonresidential use in a residential district. 3. The use does not provide drive - through service. 4. The structure is in a non - residential zoning district and in not adjacent to any 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. 7. Expansions for projects classified conditional or that originally needed Planning Commission final site plan approval, or are located in a 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 that 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 and conditions of the permit or plan have been fulfilled. Exceptions: Plymouth 1. Agricultural uses in the FRD Zoning District, with the exception of nurseries, greenhouses, landscape gardening and tree farms. • 2. Single family detached dwellings. 3. Two family attached dwellings. • • • Minor Projects Qualification. Site plans may be classified as minor projects and may be administratively approved by the Zoning Administrator in lieu of Planning Commission review and City Council approval only for sites which meet the following criteria, except as otherwise expressly provided by this chapter: 1. Site shall be in non - residential zoning district, including those within planned unit developments, and shall not be within two hundred (200) feet of any residential property other than property in the Future Restricted Development District which the Land Use Guide Plan classifies as non - residential. 2. All sites must be in the urban zoning district which corresponds with the Comprehensive Land Use Guide Plan classification for the property. 3. All sites must be legal parcels of record at the time of application. 4. 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. 5. 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. 6. Only applications for uses explicitly classified as permitted uses within the respective zoning district of this chapter are eligible for administrative approval. Required Minnetonka 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 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 or place the same on a site, except in conformance with a permit or an approved plan. Exceptions 1. Construction or alteration of a single - family residential building or accessory building. 2. Enlargement of a building by less than 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 subdivision 9 of this section. 3. Change in the leaseable 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 as specified in section 300.28 of this ordinance . 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. • • 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 in a different intensity of use, including the requirement for additional parking. Exceptions: 1. Construction or alteration of a single -or two - family residential building or accessory building on a lot zoned for residential use. 2. Enlargement of a building by less than 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 section 20 -133 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 Chanhassen Minor site plan and building alterations, which do not involve a variance, which are consistent with the 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. • • 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 land use to another. Changes in occupancy envisioned by this 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, or buildings, accessory site improvements, and /or land features of a parcel of land that result in the need for additional parking. 5. Grading, site preparation, and removal or placement of soils, rock and concrete material. Exceptions to review 1. New on -site construction of detached single or two - family residential 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 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 and standards of this Code and to maintain or 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 standards. 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. Required New Hope Crystal 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 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 or place the same on a site, except in conformance with a permit or an approved plan. • Exceptions 1. Construction or alteration of a single- family residential building or accessory building. 2. Enlargement of a building by less 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 leasable 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 -2 district, unless required by the planning commission or city council at the time of rezoning or plat approval. West St. Paul Site Plan approval in Residential Districts It is 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 R1, R2, R3 and R4 zoning district. Site and building plan approval procedure in commercial and industrial districts It is declared to be the policy of the City to preserve and 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 or industrial buildings in the BI, B2, B3, B4, I1 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. Construction 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.