(A) Conditional use permits shall run with the property for structures or other specified uses, as recommended by the Planning Commission after a public hearing and approved by the City Council. All applications for a conditional use permit shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice at least ten days in advance of this hearing to the DNR if the proposed is in shoreland. At the applicant’s option, the applicant may request a sketch plan review with no action by the Planning Commission and with no fee by giving 14 days’ notice thereof to the Zoning Administrator, meeting time permitted.
(B) The applicant shall complete the conditional use permit application approved by the Planning Commission. The application shall contain submittal requirements, criteria for approval, procedure for consideration and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
(C) No conditional use permit application shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Conditional use permits can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.
(D) In permitting a new conditional use or alteration of an existing conditional use, the Planning Commission may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions that the Planning Commission considers necessary to protect the best interest of the surrounding area or the city as a whole. These conditions may include, but are not limited to the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street width;
(5) Increasing or decreasing the number of required off-street parking spaces;
(6) Limiting the number, size, location or lighting of signs;
(7) Requiring berming, fencing screening, landscaping or other facilities to protect adjacent or nearby property; and
(8) Designating sites for open space.
(E) The Planning and Zoning Commission shall decide the issue with consideration to the following:
(1) The following must be met:
(a) The use or development is an appropriate conditional use in the land use zone;
(b) The use or development, with conditions, conforms to the comprehensive land use plan;
(c) The use with condition is compatible with the existing neighborhood;
(d) The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of the city; and
(e) For conventional subdivisions, the property contains physical constraints which make it unable to be developed by the conservation subdivision method.
(2) The following must be considered.
(a) The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity.
(b) The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(c) The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
(d) The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares.
(e) Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use.
(f) Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result.
(g) The conditional use will not result in the destruction, loss or damage of a natural, scenic or historical feature of major significance.
(h) The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients.
(F) When costs to the city involved in processing and reviewing an application exceeds the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to retain in reviewing permits.
(G) Violations of the conditions of a conditional use permit shall automatically suspend the permit. A review of the violation shall be conducted by the Planning Commission. The Planning Commission shall make a recommendation to the City Council on conditions for reinstating the permit or revocation. The City Council shall make the final decision on reinstating or revoking the suspended permit.
(H) Failure by the owner to act on a conditional use permit within 12 months, or failure to complete the work under a conditional use permit within two years, unless extended by the Planning Commission, shall void the permit. A second extension shall require a new public hearing.
(I) A CUP application which has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.
(J) Appeals from the action of the city shall be filed with District Court within 30 days after Council action.
(K) The conditional use permit shall be filed with the County Recorder within 45 days.
(L) The conditional use permit shall be filed with the Commissioner within ten days.
(M) The conditional use permit runs with the land and applies to subsequent purchasers of the land so long as the conditions are being met.
(N) Planned unit development procedure and submissions procedure.
(1) The applicant may submit a sketch plan to the Planning Commission for review and discussion at least 14 days prior to the meeting.
(2) Based on discussion, the applicant can formally apply by submitting preliminary documents, prepared with professional help, including as a minimum the CUP application, and further shall contain the following:
(a) Proposed concept of plan operation;
(b) Proposed plat or floor plan, if applicable;
(c) Proposed recreational amenities;
(d) Proposed timing;
(e) Proposed final security; and
(f) Proposed development contract.
(3) The Planning Commission shall review the submissions and make a recommendation to the City Council within a reasonable timeframe with a complete finding of facts.
(4) The City Council shall review the recommendations and render a decision within a reasonable time.
(5) The applicant shall then proceed within the time frame accepted under the preliminary proposal to provide final documents as required, including:
(a) Financial security;
(b) Development contract;
(c) Title opinion;
(d) Final plat or floor plan;
(e) Surveyors plat check;
(f) Final covenants and associated documents;
(g) Final time schedule;
(h) Final site plan which will control development; and
(i) MPCA/MnDH approval letter on sewage system and water supply.
(Ord. 906-2011, passed - -2011)