(A) The County Board shall take action on the CUP or IUP following receipt of the findings and recommendations by the Planning Commission so as to comply with M.S. § 15.99, as it may be amended from time to time. Should the Planning Commission fail to provide findings and a recommendation in a timely manner, the Board shall take action so as to comply with M.S. § 15.99, as it may be amended from time to time.
(B) Decision on the permit application shall be by order of the Board ordering approval or denial of the permit. Approval shall consist of an order directing the Land Management Department to issue the permit and shall include any conditions placed on the permit. Denial shall be accomplished through the issuance of an order not to issue the CUP or IUP and deny the application. Orders to either approve or deny a permit application shall stipulate the appropriate findings of fact supporting the approval and if conditions in addition to those specifically required by this chapter are attached findings supporting the conditions shall be included.
(C) Optional hearing. The County Board shall have the option to set and hold a public hearing in accordance with § 152.285.
(D) Conditions. In ordering the issuance of a CUP or IUP, the County Board shall include any conditions required to attain the objectives of the comprehensive plan, comply with official controls, and protect the public interest. Such conditions may include requiring the applicant to provide a surety, and in the case of IUPs, setting a time limit for the use to exist or operate. When appropriate, restrictive covenants may be entered into regarding these matters.
(E) Notice to applicant. The Department shall send written notice of the County Board’s action to the applicant. The permit shall become effective upon the date the applicant agrees to the conditions and signs the permit. Failure of the applicant to sign and return the permit within 90 days of the Board’s issuance of the order shall be cause for cancellation of the permit.
(F) Effect of denial. Whenever an application for a CUP or IUP has been considered and denied by the County Board, a similar application for a CUP or IUP affecting substantially the same property shall not be considered again by the Planning Commission or County Board for at least six months from the date of its denial; and a subsequent application for the same land use shall likewise not be considered again by the Planning Commission or County Board for an additional six months from the date of the second denial unless a decision to reconsider the matter is made by not less than four-fifths vote of the County Board.
(H) File with County Recorder. A certified copy or original of any CUP or IUP shall be filed with the County Recorder. The CUP or IUP shall include the legal description of the property involved, owner’s name and any conditions stipulated upon approval by the County Board.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)