§ 21.501.04  CONDITIONAL USE PERMITS.
   (a)   Purpose. The purpose of the conditional use permit application process is to:
      (1)   Ensure that sufficient information is provided by the applicant;
      (2)   Ensure that conditional uses comply with city code requirements;
      (3)   Ensure that appropriate conditions are attached to enhance compatibility with surrounding uses; and
      (4)   Ensure that conditional use permit applications are processed in a manner consistent with state statutes.
   (b)   Where required. Conditional use permits are required prior to the establishment of any use listed in any zoning district as a conditional use.
   (c)   Initiation. A conditional use permit application must be initiated by the owner of land upon which the conditional use is proposed. If originally denied, an applicant may not submit a subsequent conditional use permit application for the same use on the same site until one year has passed since the original denial.
   (d)   Review and approval. Conditional use permit applications must be reviewed and acted upon by the Planning Commission, except for the uses listed in subsection (d)(1) below, which must be reviewed by the Planning Commission and acted upon by the City Council. If the Planning Commission action results in a tie vote, the conditional use permit application is automatically sent to the City Council for their final action.
      (1)   City Council review. Because of higher potential to negatively impact surrounding property, the following use types must be reviewed by the Planning Commission and acted upon by the City Council when a conditional use permit is required by the underlying zoning district.
         (A)   Clubs and lodges;
         (B)   College or university;
         (C)   Convention center;
         (D)   Hospitals, sanitariums and rest homes;
         (E)   Household hazardous waste and recycling collection facilities;
         (F)   Junk car disposal businesses;
         (G)   Open storage as a primary use;
         (H)   Reserved;
         (I)   Pawn shops;
         (J)   Places of assembly;
         (K)   Planned developments;
         (L)   Post secondary educational institutions;
         (M)   School (K-12), public or private;
         (N)   Solid waste transfer stations;
         (O)   Manufactured home parks;
         (P)   Medical marijuana distribution facilities;
         (Q)   Public and public utility buildings in the BP-1 and BP-2 Overlay Zoning Districts;
         (R)   Firearm sales, primary;
         (S)   Firing range;
         (T)   Work/live units; and
         (U)   Self-storage facilities.
      (2)   Appeal of Planning Commission decision. The applicant or a member of the public may appeal the decision of the Planning Commission to the City Council by submitting an appeals request with supporting materials within three business days of the decision. The appellants will be given the opportunity to present their case in front of the City Council.
      (3)   Conditions of approval. The entity empowered to take action on a given conditional use permit application has the authority to attach conditions of approval to that application. Any modifications to conditions of approval must be made by the entity that was originally empowered to act upon the conditional use permit.
   (e)   Findings. The following findings must be made prior to the approval of a conditional use permit:
      (1)   The proposed use is not in conflict with the Comprehensive Plan;
      (2)   The proposed use is not in conflict with any adopted district plan for the area;
      (3)   The proposed use is not in conflict with city code provisions;
      (4)   The proposed use will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development; and
      (5)   The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.
   (f)   Recording. A certified copy of the resolution approving a conditional use permit must be recorded with the county.
   (g)   Expiration. Conditional use permits expire one year after approval if the proposed use has not commenced or a building permit for a structure to support the conditional use has not been issued. If a building permit has been issued but the use does not commence, the conditional use permit expires one year after issuance of the building permit. A land owner may apply to the Director of Community Development for no more than one time extension of up to one year. Conditional use permits also expire if the conditional use ceases operation for a continuous period of one year or longer. A conditional use permit for a nonconforming use expires upon discontinuance of the nonconforming use as described in city code § 21.504(b).
   (h)   Suspension or revocation. The City Council may suspend or revoke a conditional use permit upon the failure of the permittee, owner, operator, tenant or user to comply with the provisions of this code, the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the permittee and a hearing. The notice must provide at least ten days’ notice of the time and place of the hearing and must state the nature of the charges against the permittee. The notice must be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions.
   (i)   General standards. In addition to use specific standards for conditional uses listed elsewhere in the city code, the following general standards also apply to conditional uses.
      (1)   In the R-1, R1-A and RS-1 zoning districts, except for the uses listed below, a conditional use must be located on a site immediately adjacent to a commercial zoning district, an industrial zoning district, the intersection of two streets classified by the Comprehensive Plan as arterial streets or the intersection of a street classified by the Comprehensive Plan as an arterial street and a railroad. Exceptions include:
         (A)   Places of assembly and schools;
         (B)   Licensed congregate living facilities serving five or more persons and licensed residential facilities serving seven or more persons;
         (C)   Home businesses;
         (D)   Towers;
         (E)   Tennis courts accessory to single-family dwellings; and
         (F)   Private and commercial parks and recreational facilities as a principal use.
   (j)   Content. Conditional use permit applications must include the following information, unless exempted by the Planning Manager:
      (1)   An application form signed by the property owner(s) or authorized representative;
      (2)   The required application fee (see city code § 21.502.01);
      (3)   Written documentation that includes:
         (A)   A complete description of the use;
         (B)   Schedule for commencement of the use;
         (C)   Size of the facility accommodating the use including the number of seats, students, customers and the like;
         (D)   Hours and dates of operation; and
         (E)   Anticipated employment.
      (4)   Floor plan and/or site plan;
      (5)   If applicable due to site or building modifications, a separate but associated final site and building plan application or final development plan application; and
      (6)   Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include but are not limited to traffic, environmental, storm water management, wetland, and utility studies.
(Ord. 2009-34, passed 11-2-2009; Ord. 2013-2, passed 2-25-2013; Ord. 2013-29, passed 11-18-2013; Ord. 2015-5, passed 1-26-2015; Ord. 2015-27, passed 10-19-2015; Ord. 2015-28, passed 11-2-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2016-16, passed 8-15-2016; Ord. 2016-28, passed 11-21-2016; Ord. 2017-13, passed 5-22-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2021-10, passed 5-24-2021)