(A) Purpose. The purpose of a conditional use permit (CUP) is to authorize and regulate uses that are permitted by this chapter if certain conditions, having been designated by this chapter or by the Planning Commission, are met. The use shall comply with all standards of this chapter and any additional conditions, including conditions of operation, location, arrangement, and construction, as may be necessary to protect public health, safety, or welfare.
(B) Application. Application for a CUP shall be made to the city on an official city application form. An application for a CUP shall be accompanied by a fee as established by the City Council. The application shall also include written and graphic materials fully explaining the proposed change, development, or use. The city may require that the applicant submit the following information before the application can be deemed complete:
(1) Legal description of the subject property;
(2) Evidence of ownership or an interest in the property;
(3) General location map;
(4) Principal land uses within 350 feet of the property;
(5) Certificate of survey, to scale, showing applicable existing and proposed conditions, including property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well;
(6) Landscape plan drawn to scale showing applicable existing and proposed vegetation and plantings, plant schedule, including information about the plant size, quantity, type and root condition, and groundcover;
(7) Grading and drainage plan;
(8) Soil conditions;
(9) Building floor plans, elevations, and sections;
(10) Description of type of business or activity and proposed number of employees;
(11) Other information as may be required by the city.
(C) Notice.
(1) Pursuant to Minnesota Statutes, an application for a CUP shall be approved or denied within 60 days from the date of its official and complete submission. The 60- day review period can be extended an additional 60 days pursuant to M.S. § 15.99, as it may be amended from time to time. If the initial 60-day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.
(2) Upon receipt of a complete application, as determined by the city and following preliminary staff analysis of the application, the city shall refer the matter to the Planning Commission and establish a time for hearing on the application. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. Written notification of the hearing shall be mailed at least 10 days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question.
(3) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.
(D) Procedure.
(1) The Planning Commission shall consider if the proposed use is consistent with the general purpose and intent of this chapter and the Comprehensive Plan. Its judgment shall be based upon, but not limited to, the following:
(a) The impact of the proposed use on the health, safety, and general welfare of the occupants of the surrounding lands;
(b) Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands;
(c) The effect of the proposed use on public utilities;
(d) The effect of the proposed use on property values and scenic views in the surrounding area;
(e) The effect of the proposed use on the Comprehensive Plan;
(f) The ability of the proposed use to meet the standards of this chapter;
(g) The results of a market feasibility study, if requested by the city, when the purpose for which the conditional use is being requested relies on a business market for its success;
(h) The effects of the proposed use on ground water, surface water, and air quality; and
(i) Whether the proposed use is allowed with a CUP in the zoning district in which it is proposed.
(2) 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.
(3) The applicant or the applicant's representative may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.
(4) After receiving a report and recommendation from the Community Development Department and holding a public hearing on the application, the Planning Commission shall issue its written final decision granting or denying the application supported by findings of fact. The Planning Commission may approve conditions relating to the request as it deems necessary to carry out the intent and purpose of this chapter.
(5) In connection with the issuance of CUPs in nonconforming situations, the city may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be imposed regarding such matters.
(6) The city may impose and the applicant shall pay costs incurred by the city for monitoring compliance with the conditions of the CUP.
(E) Certification of taxes paid. Prior to approving an application for a CUP, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the CUP application relates.
(F) Length of conditional use. Any use permitted under the terms of any CUP shall be established and conducted in conformity with the terms of the permit and of any conditions imposed in connection therewith. CUPs shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this chapter shall prevent the City Council from enacting or amending official controls to change the status of conditional uses.
(G) Revocation.
(1) A violation of any condition set forth in a CUP shall be a violation of this chapter, and failure to correct the violation within 30 days of written notice from the city shall terminate the permit.
(2) Revocation shall not occur earlier than 10 city working days from the time the written notice of revocation is served upon the permittee, or, if a hearing is requested, until written notice of the revocation issued by Planning Commission action subsequent to the hearing has been served on the permittee.
(3) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. The written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred, and a statement that if the permittee desires to appeal, he or she must, within 10 days, exclusive of the day of service, file a request for a hearing with the City Administrator.
(4) The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the city by midnight of the tenth day following service of the notice of revocation.
(5) Following the receipt of a request for a hearing, the city shall set a time and place for the hearing, which shall be conducted in accordance with the procedures to appeal decisions of the city as set forth in this chapter.
(H) Records of conditional uses. A certified copy of any CUP shall be filed with the Washington County Recorder or Registrar of Titles. The city shall maintain a record of all CUPs issued, including information on the use, location, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the filed permit, bearing notation of the filing date, shall be mailed to the applicant.
(I) Amendment. Holders of a CUP may propose amendments to the permit at any time, following the procedures for a new permit set forth in this chapter. No significant changes in the circumstances or the scope of the permitted uses shall be undertaken without approval of those amendments by the Planning Commission. The city shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may approve significant changes and modifications to CUPs, including the application of additional or revised conditions.
(J) Expiration. Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within 1 year of the date the CUP is issued, or, unless before the expiration of the 1-year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the CUP. A request for an extension not exceeding 1 year shall be subject to the review and approval of the city. Should the applicant request a second extension or any extension of time longer than 1 year, it shall be presented to the Planning Commission for a final decision.
(K) Reapplication. No application for a CUP for a particular use on a particular parcel shall be resubmitted for a period of 1 year from the date of the denial of the previous application unless a decision to reconsider the matter is made by a majority vote of the full Planning Commission.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 636, passed 3-24- 2014)