Loading...
Pursuant to M.S. § 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
(A) A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements, and applicable provisions relating to the request will be reviewed and explained.
(B) Request for conditional use permits, as provided within this title, shall be filed with the Zoning Administrator on an official application form. Unless modified by the Zoning Administrator, such application shall be accompanied by a fee as set forth in the city fee schedule. Such application shall also be accompanied by 15 copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within 350 feet of the subject property. Said listing shall be obtained from and certified by an abstract company. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 10 days of the date of submission.
(C) Upon receipt of said application, the City Clerk shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of said hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question.
(D) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter.
(E) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council.
(F) The Planning Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City Council within the guidelines as mandated by state statutes. At a minimum, the Planning Commission, in its judgment, shall consider at a minimum the following standards as it would apply to the particular use at the proposed location.
(1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city Comprehensive Plan.
(2) The proposed use is or will be compatible with present and future land uses of the area.
(3) The proposed use conforms with all performance standards contained in the City Code.
(4) The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity.
(5) Traffic generation by the proposed use is within capabilities of streets serving the property.
(G) The Planning Commission and city staff shall have the authority to request additional information from 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 is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
(H) The Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this title. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the City Council meeting.
(I) The City Council shall not grant a conditional use permit until the Planning Commission has held a public hearing on the request. The City Council shall act upon the conditional use permit within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to M.S. § 15.99
(J) Upon receiving the report and recommendation of the Planning Commission and the city staff, the City Council shall have the option to set and hold a public hearing if deemed necessary, shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.
(K) Subject to limitations of M.S. § 15.99, if, upon receiving said report and recommendations of the Planning Commission and city staff, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council may differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
(L) Approval of a request shall require passage by a majority vote of the City Council.
(M) The Zoning Administrator shall keep a record of applications and conditional use permits. A certified copy of any approved conditional use permit shall be filed with the County Recorder.
(N) 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 6 months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than two-thirds vote of the full City Council.
(Ord. 2011-06-07A, passed 6-7-2011)
The information required for all conditional use permit applications shall be as specified in § 199.05 (Information Requirement) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include conditions which are considered necessary to the meet the performance standards and criteria of this title and to protect the best interests of the surrounding area or the city as a whole. The general performance standards and criteria may include but are not limited to the following:
(A) The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.
(B) The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with Chapter 210 (Off-Street Parking) of this title.
(C) If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.
(D) Adequate off-street parking and off-street loading shall be provided in compliance with Chapter 210 (Off-Street Parking) and Chapter 211 (Off-Street Loading) of this title.
(E) Loading areas and drive-thru facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any “adjacent” residential use or district, and provided in compliance with § 205.23 (Drive-Thru Businesses) and Chapter 210 (Off-Street Parking) of this title.
(F) Whenever a nonresidential use “is adjacent to” a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with Chapter 213 (Fencing, Screening, and Landscaping Requirements) of this title.
(G) General site screening and landscaping shall be provided in compliance Chapter 213 (Fencing, Screening and Landscaping Requirements) of this title.
(H) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts, and shall be in compliance with § 205.11 (Exterior Lighting) of this title.
(I) Potential exterior noise and odor generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with § 205.12 (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) of this title.
(J) The site drainage system as well as availability and compatibility of utilities shall be subject to the review and approval of the City Engineer.
(K) The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment in accordance with § 212.06 (Building Type and Construction) of this title.
(L) Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with § 205.13 (Outdoor Storage and Refuse) of this title.
(M) All signs and informational or visual communication devices shall be in compliance with Chapter 207 (Signs) of this title.
(N) The use and site shall be in compliance with any federal, state, or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.
(O) Any applicable business licenses mandated by this Code are approved and obtained.
(P) The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.
(Q) The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any non-conformity shall be eliminated.
(R) All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(Ord. 2011-06-07A, passed 6-7-2011)
Enforcement of the provisions of this chapter shall be in accordance with Chapter 200 (Enforcement and Penalties) of this title. The city reserves the right upon issuing any conditional use permits to inspect the premises to ensure compliance with the provisions of this chapter or any conditions additionally imposed. Violation of an issued permit or of the provisions of this chapter shall be grounds for revocation and denial of future permit applications or modifications.
(Ord. 2011-06-07A, passed 6-7-2011)
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 title, 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 why the permit should not be revoked. The application shall be processed and considered pursuant to § 196.02 (Application and Procedure) of this chapter. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.
(Ord. 2011-06-07A, passed 6-7-2011)
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 Council. Conditional use 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 according to § 196.02 (Application and Procedure) of this chapter and shall be subject to all requirements and standards of this chapter.
(Ord. 2011-06-07A, passed 6-7-2011)
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 chapter shall expire without further action by the Planning Commission or the City Council within 1 year of the date of approval unless the applicant has substantially commenced the authorized use or improvement, or unless within 30 days prior to the expiration of the conditional use permit the applicant has petitioned for a time extension by completing and submitting a request for an extension, including the renewal fee as set forth in the city fee schedule. Such extension request shall be submitted in writing and shall state facts showing a good faith attempt to complete or utilize the approval permitted in the conditional use permit. A request for an extension not exceeding 1 year shall be subject to the review and approval of the City Council. Should a second extension of time or any extension of time longer than 1 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.
(Ord. 2011-06-07A, passed 6-7-2011)
Loading...