It is recognized that land uses evolve and new uses are established, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. Conditional Uses are designed to allow certain land use activities while requiring special conditions that preclude such uses from being incompatible with other existing or planned conventional uses. If the Planning Commission feels that, because of the unusual nature of the requested Conditional Use Permit, employment of consultants is needed, any such resulting consulting fees shall be paid by the applicant.
A. All conditional Use Permits shall be probationally issued. Each permit shall be reviewed by the Zoning Administrator one (1) year following the date upon which the permit was issued for a determination that the property is being used in compliance with the conditions stated on the permit. The Zoning Administrator shall report the probationary review to the Planning Commission. Upon such report, the Planning Commission shall make one of the following findings:
1. That the property has not been placed into the use for which the permit was issued, then the permit shall be declared expired in the same manner as in Section 7A-547; or
2. That the property has been placed into the use for which the permit was issued and that all conditions of the permit are being met, and the permit shall no longer be deemed probationary and shall thereafter be reviewed only in response to inquiry or complaint; or
3. That the property has been placed into the use for which the permit was issued, but that some or all of conditions of the permit are being violated, and the Planning Commission shall direct the property owner to correct the conditions. Failing voluntary correction of the conditions, the Planning Commission shall conduct proceedings and a public hearing to determine if the permit should be revoked. The record of the revocation proceedings and the Planning Commission’s recommendation shall be reported to the City Council for final decision.
If a probational Conditional Use has been found to be in violation of some or all of the conditions, and the violations are corrected, the permit shall continue in probationary status for one (1) year following the date upon which corrections were finally made. If a permit is revoked and the permit was recorded with the Anoka County Recorder, then the revocation order shall also be recorded..
B. After successful probationary compliance, all Conditional Use Permits shall remain in effect as long as the conditions attached to the permit are observed. A Conditional Use Permit shall be recorded with the Anoka County Recorder and deemed to run with the land and to be transferable from one owner of the land to the next owner. The burdens or benefits of the conditions shall not be deemed to be vested rights, and therefore the City reserves the right to amend, modify and alter the conditions attached to any permit, as changed circumstances or City Code performance standards may warrant.
[§ 7A-541, formerly § 7A-541A, amended by Ord. No. 89-1, effective July 21, 1989 and Ord. No. 02-01, effective May 17, 2002, amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007.]