Subd. 1. Criteria. In granting a conditional use permit, the Planning Commission shall consider the advice and recommendations of the Planning and Zoning Administrator and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the City Council shall make the following findings, where applicable:
A. The use will not create an excessive burden on existing parks, schools, streets and other public facilities which serve or are proposed to serve the area.
B. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
C. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.
D. The use is reasonably related to the overall city needs and to the existing land use.
E. The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.
F. The use is not in conflict with the city's comprehensive plan.
G. The use will not cause any traffic hazard or congestion.
H. Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.
Subd. 2. Interim use permits. Interim use permits may be approved for any use in any zoning district consistent with the requirements of this Subd. 2. However, approval of such interim use permit shall at all times be fully optional, allowing for the issuance of the permit either with or without conditions, or denial of the permit on any grounds. Any interim use permit may be terminated by a change in this chapter resulting in the disallowance of such use, whether by interim use permit or otherwise.
A. Purpose. The purpose and intent of allowing interim uses is:
1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.
2. To allow a use that is presently judged acceptable by the city, but that, with anticipated development or redevelopment, will not be acceptable in the future.
3. To allow a use that otherwise may not be allowed under the zoning regulations but because of its temporary nature may be acceptable.
B. Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided in Section 11.088, Subd. 1, with the exception that the Planning Commission shall make a recommendation to City Council for final determination. In addition to the general planning and zoning application requirements, applications for interim use permits shall include:
1. A signed statement agreeing:
a. That the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit.
b. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and
c. That the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the interim use permit.
2. A statement addressing the relationship of the proposed project to the neighboring uses.
C. General issuance standards. The Planning Commission may recommend an interim use permit and the council may issue such interim use permits only if it finds that:
1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties.
2. The date or event that will terminate the use can be identified with certainty, with a maximum duration of five years from the date of approval.
3. The use will not adversely impact the health, safety and welfare of the community;
4. The use is similar to existing uses in the area;
5. The use shall conform to zoning regulations, except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent;
6. There is adequate assurance the property will be left in a suitable condition after the use is terminated;
7. By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future;
8. The property owner, or other mutually designated party (“party”), agrees to any conditions that the City Council has deemed appropriate for permission of the use, including an optional condition that the party provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit.
D. Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever is first:
1. The date stated in the permit;
2. A violation of conditions and subsequent revocation of the permit;
3. Revocation resulting from a cessation of the interim use for 180 consecutive days;
4. A change in the zoning regulations that renders the use nonconforming.
Subd. 3. Additional conditions. In permitting a new or existing conditional use, the City Council may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:
A. Increasing the required lot size or yard dimension.
B. Limiting the height, size or location of buildings.
C. Controlling the location and number of vehicle access points.
D. Increasing the street width.
E. Increasing the number of required off-street parking spaces.
F. Limiting the number, size, location or lighting of signs.
G. Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
H. Designating sites for open space.
I. Establishing a time limit on operations.
Subd. 4. The Planning and Zoning Administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and conditions imposed by the Planning Commission, time limits, review dates, and such other information as may be appropriate.
Subd. 5. Exhibits to accompany application. The following shall be required to be submitted with a conditional use permit application:
A. A preliminary building and site development plan. The Planning Commission Council may also require a boundary survey of the property.
B. Evidence of ownership or enforceable option on the property.
Subd. 6. Procedure. The procedure for obtaining a conditional use permit is as follows:
A. The property owner or their agent shall meet with the Zoning Administrator to explain their situation, learn the procedures and obtain an application form.
B. The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator and shall pay a filing fee as established from time to time by the City Council.
C. The Zoning Administrator shall transmit the application to the Planning Commission and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.
D. The Zoning Administrator shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.
E. The Planning Commission shall hold the public hearing and shall study the application to determine possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce such adverse effects. The Planning Commission shall take one of three actions within 30 days after holding the public hearing: approval, denial, or approval with special conditions.
F. If it grants the conditional use permit, the Planning Commission may impose conditions it considers necessary to protect the public health, safety and welfare, and such conditions may include time limits for the use to exist or operate.
G. All appeals of the decision of the Planning Commission relating to conditional use permits shall be filed within 15 days of such decision to the Board of Adjustment.
H. Where a conditional use permit has been issued pursuant to the provisions of this section, such permit shall become null and void without further action by the Planning Commission or City Council, unless work thereon commences within six months of the date such permit was granted. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use ceases for more than 180 consecutive days.
I. In the event that the applicant violates any of the conditions set forth in the conditional use permit, the City Council shall have the authority to revoke the conditional use permit.
J. No application of a property owner for a conditional use shall be considered by the Planning Commission within a one-year period following a denial for such a request, except the Planning Commission may permit a new application if, in its opinion, new evidence or a change in circumstances warrants it.
Subd. 7. Violations. A violation of any condition of a conditional use permit may result in immediate termination of such permit by the City Council, following a public hearing.
(Ord. 699, passed 1-18-22; Am. Ord. 703, passed 6-6-22)
State law reference— Interim uses, M.S. § 462.3597