Subd. 1. Purpose. The purpose of a conditional use permit (CUP) is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health, and safety.
Subd. 2. Procedure. The process for filing a conditional use permit is outlined below.
1. Prior to filing an application for conditional use permit, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items, including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.
2. The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.
3. The City Council shall approve, deny, or conditionally approve the conditional use permit within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a later date agreed to in writing by the applicant.
4. Following receipt of a complete application, the Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location, and brief description of the proposal in the official newspaper at least ten days prior to the public hearing. Written notices shall be mailed at least ten days prior to the public hearing to all owners of land within 500 feet of the boundary of the property to which the conditional use permit relates.
a. A copy of the public hearing notice for applications under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.
b. A copy of the public hearing notice for applications under floodplain management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.
5. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this section.
6. The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed conditional use permit. The judgment of the Planning Commission with regard to the application shall be based upon (but not limited to) the following factors:
a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the objectives of the Comprehensive Plan, including public facilities and capital improvement plans;
b. The proposed action meets the purpose and intent of this chapter and the intent of the underlying zoning district;
c. The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity;
d. There is an adequate buffer yard or transition provided between potentially incompatible uses or districts;
e. The proposed use is or will be compatible with present and future land uses of the area;
f. The proposed use conforms with all performance standards contained within this chapter; and
g. Traffic generation by the proposed use is within capabilities of streets serving the property.
7. The Planning Commission and city staff shall have the authority to request additional information be provided by the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
8. Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall hold a public meeting to act on the application. The City Council may, before taking final action and subject to the limitations provided under M.S. § 15.99, as it may be amended from time to time, refer the matter back to the Planning Commission for further consideration based upon new information, or if the City Council finds that specific inconsistencies exist in the review process. The City Council shall provide the Planning Commission with a written statement detailing the reasons for referral.
9. Approval of a conditional use permit shall require passage by a majority vote of the Council members present at the City Council meeting. Said approval shall be in the form of a resolution setting forth the findings of fact and conditions of approval associated with the conditional use permit.
a. A copy of approved final decisions granting conditional uses under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.
b. A copy of approved final decisions granting conditional uses under local floodplain management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.
10. Denial of applications for conditional use permits shall be accompanied by written findings of fact of the City Council, including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this chapter and is otherwise injurious to the public health, safety, and welfare.
11. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one year from the date of its denial.
Subd. 3. Information Requirements. All information as required by the city’s conditional use permit handout.
Subd. 4. Performance Standards. As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the performance standards in Section 1006.
Subd. 5 Permit Modifications. Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the city. Proposed permit modifications shall be classified as major or minor, as determined by the Zoning Administrator. Major permit modifications may include, but shall not be limited to, hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed as follows.
1. Minor Permit Modifications, Additional Qualifications. In addition to other considerations noted above, minor permit modifications shall meet the following criteria:
a. Sites shall be in non-residential zoning districts, and shall not abut any residential zoned property;
b. All sites must be in the urban service area as defined by the Comprehensive Plan;
c. All sites must be legal parcels of record at the time of application;
d. All permit modification proposals shall meet or exceed the standards of all applicable codes, ordinances, and policies and shall be free of variances from those standards;
e. Only applications for amendments to existing conditional uses classified as conditional uses within the respective zoning districts of this chapter are eligible for administrative approval; and
f. Administrative approval of minor permit modifications shall be subject to the requirements of subsection 1002.05.
2. Major Permit Modifications, Qualifications. Any permit modification not classified or qualifying as minor shall be classified as major. Major permit modifications shall be processed according to the procedure set forth for processing conditional use permits and shall be subject to all requirements and standards of this subsection.
Subd. 6. Revocation. The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this chapter, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing conditional use permits by this subsection. The Zoning Administrator shall provide the applicant a copy of the proceedings and findings of the Planning Commission and City Council.
Subd. 7. Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued; or, unless before the expiration of the one-year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
Subd. 8. Filing CUP with the County. A certified copy of all conditional use permits shall be filed with the County Recorder pursuant to Minnesota Statutes.
Subd. 9. Inspection. The city hereby reserves the right upon issuing any conditional use permit to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed.
Subd. 10. Site Improvement Performance Agreement. Upon approval of a conditional use permit, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the conditional use permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.