A. Power To Issue: Conditional use permits may be issued for uses indicated within this title where such permits are required or permitted by the provisions of this title.
B. Conditional Use Permit Procedure: An application for a conditional use permit shall be approved or denied pursuant to Minnesota statutes chapter 462.357.
1. Filing: A conditional use permit application shall be filed with the planning and zoning administrator on an official application form. The application shall be accompanied by the fee as set forth in this code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully describing the proposed project. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this section.
2. Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the conditional use permit application to the city staff and other applicable public agencies as needed in order to receive written comments. The planning and zoning administrator shall instruct the appropriate staff person to: a) coordinate an analysis of the application, b) prepare technical reports, and c) assist in preparing a recommendation to the planning and zoning commission and city council.
3. Public Hearing Notice: Upon completion of staff's analysis of the application, the planning and zoning administrator, when required, shall set a public hearing date for an upcoming planning and zoning commission meeting. Notice of the hearing, including a description of the request and the legal description of the property, shall be published in the city's official newspaper, "The Brainerd Daily Dispatch", at least ten (10) days prior to the hearing. Written notification of the hearing shall also be mailed to all property owners located within five hundred feet (500') of the site at least ten (10) days prior to the hearing. Failure of a property owner to receive mailed notice or defects in the notice shall not invalidate the proceedings.
4. Planning And Zoning Commission Consideration: The planning and zoning commission shall consider the application, as follows:
a. The planning and zoning commission shall review the request and conduct the official public hearing. At the public hearing, all persons interested in the proposed project shall be heard.
b. The applicant or representatives thereof may appear before the planning and zoning commission to present information and answer questions concerning the proposal.
c. The planning and zoning commission and staff shall have the authority to request additional information from the applicant concerning the proposal, as deemed necessary to formulate a recommendation on the proposal.
d. The planning and zoning commission shall recommend approval of the application if it in all ways conforms to the city's comprehensive plan, zoning ordinance, this chapter and all chapters of this code. The commission shall also consider the following in making findings and recommendation to the city council:
(1) Excessive Burden: The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.
(2) Compatibility: The use shall be compatible with adjacent land uses so that existing uses will not be depreciated in value and there will be no deterrence to development of vacant land.
(3) Appearance: The use shall have an appearance that will not have an adverse effect upon adjacent properties.
(4) Overall Needs: The use, in the opinion of the planning and zoning commission shall be reasonably related to the overall needs of the city and to the existing land use.
(5) Consistent With Purpose: The use shall be consistent with the purposes of this title and purposes of the zoning district in which the applicant intends to locate the proposed use.
(6) Comprehensive Plan: The use shall not be in conflict with the comprehensive plan of the city.
(7) Traffic: The use will not cause traffic hazard or congestion.
(8) Facilities: The use shall have adequate utilities, access roads, drainage and necessary facilities.
5. City Council Consideration: The city council shall consider a conditional use permit application, as follows:
a. Upon receiving the reports and recommendations of the planning and zoning commission and staff, the city administrator shall schedule the application for city council consideration. The council shall have the option of receiving additional testimony on the matter if they so choose.
b. The council shall either approve or deny the application. Failure of the council to act within one hundred twenty (120) days of submission of the application is deemed approval of such application, unless the applicant agrees to an extension.
c. Approval of a conditional use permit by the city council shall require passage by a majority vote of all its members. The council may require plan revisions and may impose conditions upon approval, as deemed necessary to protect the health, safety, and general welfare of the city.
6. Effect Of Denial: If a conditional use permit application is denied by the city council, the planning and zoning commission or city council shall not consider a similar application for at least six (6) months from the date of its denial.
7. Expiration Of Conditional Use Approval: Unless the city council specifically approves a different time period, the approval of a conditional use permit shall expire one year from the date it was approved, unless the applicant has commenced the authorized use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: a) an explanation for why the authorized use has not commenced, b) what, if any, good faith efforts have been made to commence the authorized use, c) the anticipated commencement date for the authorized use, and d) the signature of the applicant and property owner. The planning and zoning administrator may approve up to two (2) such extensions of not more than one additional year per extension. Prior to granting any extensions, the approval shall be reviewed to ensure compliance with any recent code or comprehensive plan updates.
8. Revocation Of A Conditional Use Permit:
a. Justification: The planning and zoning commission may recommend, and the city council may direct, the revocation of any conditional use permit. A conditional use permit will be revoked upon determination that the authorized conditional use is not in conformance with:
(1) The conditions of the permit.
(2) The intent of this title.
(3) City codes.
(4) Other applicable regulations.
b. Process: The city council or planning and zoning commission shall initiate an application and the planning and zoning administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to this subsection B. The planning and zoning administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the planning and zoning commission and city council.
C. Performance Agreement: If the scope of development, or potential hazard of the use proposed in the conditional use permit application warrants, the city council may require surety to be posted with the city as a condition for permit issuance. The type of surety and terms for performance and release shall be outlined in an agreement between the permit applicant and city. This agreement shall be approved by the city council.
D. Information Requirement: The information required for all conditional use applications generally consists of the following items, and shall be submitted unless otherwise specified by the planning and zoning administrator:
1. Development Plan: A general development plan for the property indicating topography, location of existing and proposed buildings/structures, proposed streets and driveways, landscaping and drainage.
a. Name and address of developer/owner.
b. Name and address of architect/designer.
c. Date of plan preparation.
d. Dates and description of all revisions.
e. Name of project or development.
f. Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
g. North point indication.
h. Certified survey by a registered land surveyor.
i. Lot dimension and area.
j. Required and proposed setbacks.
k. Location, setback and dimension of all buildings on the lot including both existing and proposed structures.
l. Contours, streets, utilities, and structures located within one hundred feet (100') of the exterior boundaries of the property in question.
m. Location, number, and dimensions of existing and proposed parking spaces.
n. Location, number, and dimensions of existing and proposed loading spaces.
o. Curb cuts, driveways.
p. Vehicular circulation.
q. Sidewalks, walkways.
r. Lighting plan in conformance with section 10-5-4 of this title.
s. Location of recreational and service areas.
t. Location of rooftop equipment and proposed screening.
u. Provisions for storage and disposal of waste, garbage, and recyclables.
v. Location, sizing, and type of water and sewer system mains and proposed service connections.
2. Grading/Stormwater Drainage Plan:
a. Name and address of developer/owner.
b. Name and address of architect/designer.
c. Date of plan preparation.
d. Dates and description of all revisions.
e. Name of project or development.
f. Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
g. North point indication.
h. Existing contours at two foot (2') intervals.
i. Proposed grade elevations, two foot (2') maximum intervals.
j. Drainage plan including configuration of drainage areas and calculations.
k. Storm sewer, catch basins, invert elevations, type of castings, and type of materials.
l. Spot elevations.
m. Proposed driveway grades.
n. Surface water ponding and treatment areas.
o. Erosion control measures.
3. Landscape Plan:
a. Planting schedule (table) containing:
(1) Symbols.
(2) Quantities.
(3) Common names.
(4) Botanical names.
(5) Sizes of plant material.
(6) Root specification (bare root, balled and burlapped, potted, etc.).
(7) Special planting instructions.
b. Planting detail (showing all species to scale at normal mature crown diameter or spread for local hardiness zone).
c. Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.
d. Typical sections of landscape islands and planter beds with identification of materials used.
e. Details of planting beds and foundation plantings.
f. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.
g. Delineation of both sodded and seeded areas with respective areas in square feet.
h. Coverage plan for underground irrigation system, if any.
i. Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.
j. Other existing or proposed conditions which could be expected to affect landscaping.
4. Architectural Plans: Architectural plans for buildings indicating elevations, entrances, heights, floor plan and materials to be used on the exterior.
a. Legal description of property under consideration.
b. Proof of ownership of the land for which a site plan approval has been requested.
c. Architectural elevations of all principal and accessory buildings (type, color, and materials used in all external surfaces).
d. "Typical" floor plan and "typical" room plan.
e. Fire protection plan.
f. Type, location and size (area and height) of all signs to be erected upon the property in question.
g. Sound source control plan.
E. Minor Plan Amendment: Plan amendments may be approved by the planning and zoning administrator, provided that the changes do not involve the following:
1. Increase or alteration in floor area of structures or number of dwelling units of more than ten percent (10%).
2. Changes involving ten percent (10%) or more of the site area.
3. Alteration of any condition attached to, or modification to, the final development plan made by the city council.
F. Major Amendment: Any amendment not eligible for a minor amendment shall be considered a major amendment. The same review procedure shall be followed for a major amendment of a CUP as required in section 10-4-7 of the City Code. (Ord. 2014-24, 10-21-2014; amd. Ord. 2023-013, 9-19-2023)