(A) Purpose and intent. The purpose of a conditional use permit is to provide a discretionary approval process, for proposed uses which have unique or widely varying operating characteristics. The procedure is intended to ensure that proposed conditional uses will not have a significant adverse impact on surrounding uses or on the general welfare, public health and safety of the community. An interim use permit shall follow the same guidelines and process as a conditional use permit, but its intent is to have a termination date for the approved use.
(B) Initiating a request.
(1) The Planning Commission or City Council may, upon their own motion, initiate a conditional use permit request in accordance with the provisions of this chapter.
(2) Any person owning property, or having documented interest therein, may initiate a request for a conditional use permit for that property in conformance with the provisions of this chapter. The property owner or designated representative shall complete the required application for a conditional use permit which may be obtained from the Zoning Administrator.
(C) Filing an application.
(1) The application shall be filed with the Zoning Administrator who shall refer the application together with comments thereon to the Planning Commission. Such application shall be accompanied by a fee as established by the City Council. The city, after receipt and review of the application, may request additional information from the applicant which it deems necessary for a proper review by the Planning Commission. The request for a conditional use permit shall be placed on the agenda of a regular or special meeting of the Planning Commission in a timely manner, and in accordance with state statute.
(2) 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 the same property shall not be considered again by the Planning Commission for at least one year from the date of its denial, except as follows:
(a) The Planning Commission determines that the circumstances surrounding the previous application have changed substantially; or
(b) The City Council directs the Planning Commission to reconsider the permit request by a vote of not less than a majority of all members of the City Council.
(D) Public hearing. Upon receipt of an application for a conditional use permit, the Zoning Administrator shall set the time and date for a public hearing. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and a summary description of the request, published in a newspaper of general circulation at least ten days prior to the hearing. In the case of conditional use permits involving an area of five acres or less, a written notice of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the property to which the amendment relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this chapter provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
(E) Consideration of request by Planning Commission. Provided the applicant has furnished all information, as requested by the Zoning Administrator, and provided the prescribed notification requirements can be met, the Planning Commission shall consider the application at its next meeting. The Planning Commission shall formulate its recommendations and forward a report and recommended findings of fact to the City Council who shall consider the request at its next regular meeting. Should the Planning Commission fail to provide a recommendation to the City Council, the applicant may appeal directly to the City Council for a decision. Failure of the Planning Commission to provide a recommendation to the City Council shall not invalidate the proceedings or actions of the City Council.
(F) Consideration of request by City Council.
(1) If, upon receiving the report and recommendation of the Planning Commission, the City Council finds inconsistencies in the review process, the City Council may refer the matter back to the Planning Commission for further consideration prior to making a final decision. The City Council shall have the option to set and hold a public hearing, if deemed necessary, and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the health, safety, and welfare.
(2) The City Council must take action on the application within 60 days from the date an application is received and deemed complete by the city. An application for a conditional use permit may be granted by a majority vote of the Council.
(3) If the City Council grants the conditional use permit, they may impose such conditions, as may be deemed necessary for, or appropriate to serve the purposes, of the Comprehensive Plan, the Zoning Ordinance, and to protect the public health, safety, and welfare.
(G) Issuance of a permit. In the issuance of a conditional use permit, the Planning Commission, may for good reason, recommend approval and the City Council may approve a use that does not meet all the minimum standards and requirements of the zoned district. Any standards not met shall be so noted as part of the conditional use permit.
(H) Amendments. An amended conditional use permit shall be applied for in a manner similar to that required for a new conditional use permit. Amendments to conditional use permits shall require the submittal of an application and may include the following scenarios: (a) permit has expired; (b) permit has been previously denied; or (c) request for substantial changes in conditions or uses attached to the permit as previously approved. The Planning Commission may, upon formal review and with approval by all members present, authorize minor changes which may include, but not limited to the following: location, siting, heights of buildings or structures and increase in overall coverage of buildings and structures. However, no change authorized by this division shall cause any of the following:
(1) A change in the use or character of the development;
(2) An increase in intensity of use (i.e. gross density, net density or FAR);
(3) An increase in traffic generation (volumes, ADT's, and the like);
(4) A modification to off-street parking and loading spaces; or
(5) A reduction in required pavement widths.
(I) Cancellation, termination or expiration. Where applicable, unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit within one year from the date of its issuance.
(J) Appeal. Any person, taxpayer, department, board, or bureau of the city aggrieved by the decision of the City Council shall have the right to seek review within 45 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly M.S. Ch. 462 as such statute may be from time to time amended, supplemented, or replaced.
(Ord. passed - -)