(A) Purpose. The purpose of a conditional use permit (CUP) is to permit a use that would not be appropriate generally, but may be allowed within a certain zoning district with appropriate restrictions to mitigate the impact of the proposed use.
(B) Procedure. The application for any CUP shall be made and processed using the procedure outlined in § 152.100 Common Procedures and Requirements.
(C) Criteria for review.
(1) The City Council shall approve the CUP only if it finds the use to be consistent with the general purpose and intent of this chapter and the comprehensive plan.
(2) Its judgement shall be based upon, but not limited to the following criteria:
(a) Use will be harmonious with the general and applicable specific policies of the Byron Comprehensive Plan and this chapter;
(b) Site will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding area and will not change the essential character of that area;
(c) Use will not be hazardous, unhealthy, or unsafe to existing or future neighboring uses;
(d) Use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use;
(e) Use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(f) Use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of or offensive traffic, noise, smoke, fumes, dust, glare, vibrations, odors, or other pollutants;
(g) Site will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares;
(h) Use will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance;
(i) Use shall conform to specific standards of this chapter applicable to the particular use; and
(j) Use will be compatible with surrounding buildings, circulation, open space, landscaping, and parking, and be compatible with existing natural topography, natural water courses, vegetation, exposure to sunlight and wind.
(D) Conditions. In recommending or approving any CUP, the City Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the surrounding area or the city as a whole. Such conditions as are imposed shall bind any successors and shall not be affected by any subsequent transfer of ownership. Violation of any such condition is a violation of this section. These conditions may include but are not limited to the following:
(1) Ingress and egress modifications to the property and proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe;
(2) Changes to off-street parking and loading areas where required with particular attention to the related noise, glare, or odor effects on nearby property;
(3) Changes to refuse and service areas with particular attention to ingress and egress;
(4) Modifications in utility plans with reference to location, availability, and compatibility;
(5) The addition of fencing, screening, landscaping, or other facilities to protect or buffer abutting or adjacent property;
(6) Modification to proposed signs, if any, and proposed exterior lighting with reference to glare, traffic, safety, and compatibility and harmony with properties in the district;
(7) Changes in required yards and other open space;
(8) Controls on the hours of operation of all or portions of a particular use.
(E) Any amendment to an approved CUP shall be reviewed using the procedure specified in § 152.100 Common Procedures and Requirements. Approval of the amendment shall be granted before on-site or use changes are permitted.
(F) Expiration.
(1) If the conditional use has not commenced or a building permit for the structure to support the conditional use has not been issued within one year after the date of CUP approval, the permit is void.
(2) An applicant may request an extension of the expiration date from the City Council. The Council may extend the permit for an additional period not to exceed one year.
(3) A CUP authorizes only the conditional use specified in the permit and expires if for any reason the authorized use ceases for more than one year.
(G) Revocation or modification. The city may review a CUP periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the State of Minnesota, or any city ordinance. If it is discovered after approval of the CUP that the city's decision was based at least in part on false, misleading, or fraudulent information, the city may revoke the permit, modify the conditions, or impose additional conditions to ensure compliance with this section.
(Ord. 2023-02, passed 5-9-23)