Conditional uses, as specified within each zoning district, may be allowed or denied by the board of adjustment in accordance with the criteria and provisions listed herein. The board of adjustment may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditions of use to protect neighboring properties, and to achieve the objectives elsewhere in this title.
(A) Applications for conditional uses shall be filed with the zoning officer and shall be accompanied by:
1. An application fee in an amount equal to that set by the city council.
2. Six (6) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the zoning officer may require.
3. The zoning officer, at his discretion, may require a topographic map of the site and reduced copies of all required material suitable for mailing.
4. An abstractor's certificate of property owner(s) name(s) and address(es) within three hundred fifty feet (350') of the outer boundaries of the property in question.
5. When the applicant is requesting a conditional use under section 10-6-14 of this title, an abstractor's certificate of property owner(s) name(s) and address(es) within a distance of the outer boundaries of the property in question as set by the city council after review of the height of the proposed antenna, the proximity of residential development and any other factors as determined by the city council.
(B) The zoning officer shall set a public hearing and forward copies of the application to the board of adjustment. The zoning officer shall also be responsible for notifying the city council when an applicant applies for a conditional use under section 10-6-14 of this title. The city council shall determine the proper distance for notice as determined under section 10-6-14 of this title. The zoning officer shall also be responsible for mailing a notice to property owners within three hundred fifty feet (350') or that distance set by the city council for television and radio antenna of the subject property. Failure of such owners to receive notice shall not invalidate the proceedings.
1. The board of adjustment must take action within sixty (60) days unless the petitioner agrees in writing to a time extension and it may attach such conditions to the approval of any conditional use as may be necessary.
2. The approved site plan and all attached conditions shall be filed by the petitioner with the zoning officer within thirty (30) days of final approval. Any development contrary to the approved plan shall constitute a violation of this title.
(C) A conditional use shall be approved if it is found to meet the following criteria:
1. The proposed use conforms to the district permitted and conditional use provisions and all general regulations of this title.
2. The proposed use shall not involve any element or cause any conditions that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards listed below.
3. The proposed use shall be constructed, designed, sited, oriented and landscaped to produce harmonious relationship of buildings and grounds to adjacent buildings and properties.
4. The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
5. The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
6. The proposed use shall preserve the objectives of this title and shall be consistent with the comprehensive plan.
(D) All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this title, the board of adjustment may obtain a qualified consultant to testify. Said consultant service fees shall be borne by the applicant.
1. Fire prevention and fighting equipment acceptable to the board of fire underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.
2. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
3. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement.
4. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
5. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
6. No pollution of air by fly ash, dust, smoke, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property.
7. Lighting devices which produce objectionable direct lighting or reflect glare on adjoining properties or thoroughfares shall not be permitted.
8. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
9. Water pollution shall be subject to the standards established by the Minnesota pollution control agency.
10. Applications for conditional uses in the floodplain districts shall be accompanied by reports from the city engineer on the following material as supplied by the applicant:
(a) Site plans indicating existing and proposed structures, fill, material storage, floodproofing measures and their relationship to the stream channels.
(b) Typical valley cross sections through the site, indicating the elevation of land areas adjoining each side of the channel, landform changes proposed on the site together with high water information.
(c) Soils maps, topographic maps at a two foot (2') contour interval, vegetative cover plus the location and elevation of streets, water supply and sanitary facilities.
(d) Profile showing the slope of the bottom of the stream channel.
(e) Specifications for building construction and materials, floodproofing, filling, dredging, grading channel improvement, material storage, water supply and sanitary facilities.
(f) Plans showing the floor protection measures to be taken in accordance with this section.
(g) An analysis of the above information by a registered professional engineer which includes the following:
(1) An estimate of the peak discharge of the regional flood.
(2) The water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas.
(3) The effect of the proposed encroachment on the stage and velocity during the regional flood event.
(E) Prior to the approval and issuance of a permit, there shall be executed by the applicant and submitted to the zoning officer, an agreement to construct required improvements, to dedicate property or easements, if any, to the city and to comply with conditions as may have been established by the board of adjustment. Such agreement shall be accompanied by surety acceptable to the city administrator in the amount of the established costs of complying with the agreement. The aforesaid agreement and surety shall be provided to guarantee completion and compliance with the conditions set forth in the permit within the time to be approved by the board of adjustment. The amount of the surety may be increased or decreased by the zoning officer to reflect inflation, changed conditions, or compliance with permit conditions.
(F) Denial Of Permit: No application for a conditional use which has been denied wholly or in part by the planning commission or by the city council after an appeal, shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the board of adjustment. (Ord. 002-469, 2-19-2002; amd. Ord. 023-776, 9-18-2023)