(A) Purpose.
(1) The purpose of a conditional use permit is to provide the city with a reasonable degree of discretion in determining:
(a) The suitability of certain designated uses upon the general welfare, public health and safety; and
(b) The ability of such uses to achieve the objectives of the Comprehensive Plan.
(2) In making this determination, such conditional uses require special consideration so they may be located properly with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant or to deny applications for conditional use permits, and to impose reasonable conditions upon the granting of these permits.
(B) Authority. The City Council may, after review and recommendation by the Planning and Zoning Commission, grant a conditional use permit or overturn the vote of the Planning and Zoning Commission with a two-thirds vote.
(C) Procedure. The procedure for obtaining a conditional use permit is as follows:
(1) The property owner or their agent shall meet with the Zoning Administrator to explain the situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits and filing fee with the Zoning Administrator. As applicable, the application shall contain the following information and any such additional information as requested by the Zoning Administrator:
(a) Site development plan.
1. Location of all buildings on lots including both existing and proposed structures.
2. Location of all adjacent buildings located within 350 feet of the exterior boundaries of the property in question.
3. Location and number of existing and proposed parking spaces.
4. Vehicular circulation.
5. Architectural elevations (type and materials used in all external surface).
6. Location and type of all proposed lights.
7. Curb cuts, driveways, number of parking spaces.
(b) Dimension plan.
1. Lot dimensions and area.
2. Dimensions of proposed and existing structures.
3. Typical floor plan and typical room plan.
4. Setbacks of all buildings located on property in question.
5. Proposed setbacks.
6. Sanitary sewer and water plan with estimated use per day.
(c) Grading plan.
1. Existing contours.
2. Proposed grading elevations.
3. Drainage configuration.
4. Storm sewer catch basins and invert elevations.
5. Spot elevations.
6. Proposed road profile.
(d) Landscape plan.
1. Location of all existing trees including the type, diameter and potential removal.
2. Location, type and diameter of all proposed plantings.
3. Location and material used of all screening devices.
(e) Legal description of property under consideration.
(f) Proof of ownership of the land for which a conditional use permit is requested, or written permission from the property owner.
(3) The Zoning Administrator shall transmit the application and exhibits to the Planning and Zoning Commission. Written notice of the public hearing shall be mailed at least ten days before the date of the hearing to the property owners within 350 feet of the outer boundaries of the area in question. Failure of any
property owner not to receive notification shall not invalidate the proceedings.
(4) The Zoning Administrator shall have notice of the required public hearing published in the official municipal newspaper not less than ten calendar days prior to the date of the hearing.
(5) The Planning and Zoning Commission shall hold a public hearing, study the application to determine possible adverse effects of the proposed conditional use, determine what additional requirements may be necessary to reduce such adverse effects and provide a recommendation to the City Council for its official action.
(6) The City Council will consider application materials and the recommendation of the Planning and Zoning Commission and make a final decision on the conditional use permit request.
(D) General standards for granting a conditional use permit. No conditional use permit shall be granted unless the City Council determines that all of the following general standards will be met. In addition to these general standards, the City Council may impose any other conditions deemed necessary to protect the health, safety, and general welfare of the public.
(1) The use is consistent with goals, policies and objectives of the Comprehensive Plan.
(2) The use is consistent with the intent of this chapter.
(3) The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements.
(4) The use does not have an undue adverse impact on the public health, safety or welfare.
(5) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood.
(6) The use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(7) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.
(8) Adequate measures have been or will be taken to provide for vehicular and pedestrian safety and convenience to, from and within the site.
(9) The use meets all of the performance criteria requirements as established in § 153.36 of this chapter.
(10) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(E) Specific conditional use provisions. In addition to the general standards specified in division (D) of this section, no conditional use permit shall be granted unless the City Council determined that each of the following specific standards have been met for the following uses.
(1) Adult entertainment uses/sexually oriented businesses.
(a) A sexually oriented business shall not be located within 600 feet of any of the following:
1. A public or private preschool, elementary, junior or high school site;
2. A licensed day care center;
3. A residential zoning district boundary or site used for residential purposes;
4. A public park adjacent to a residential district;
5. Church site;
6. Civic site; or
7. Another sexually oriented business site.
(b) A sexually oriented business:
1. Shall be prohibited from serving or locating in any place, which is also used to dispense or consume alcoholic beverages.
2. Shall require all entrances to the business, with the exception of emergency fire exits, which are not useable by patrons to enter the business, be visible from a street-facing public right-of-way.
3. Shall have no customer parking at the rear of the building.
4. Shall have no doors on video viewing booths.
5. Shall have the layout of the display areas designed so that the management of the established and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material.
6. Shall have no display of sexual activity, sexually explicit material or paraphernalia that is visible by the public from the exterior of the building.
7. Shall be limited in operation to the building place of business of 10:00 a.m. to midnight.
8. Shall have signage that complies with the sign ordinance regulations addressed in § 153.47 of this chapter. In addition, signs for sexually oriented businesses shall not contain representational depiction of an adult nature or graphic descriptions of the adult theme of the operation.
9. Shall have lighting that complies with the lighting ordinance addressed in § 153.36 of this chapter. In addition, illumination of the premises exterior shall be adequate to observe the location and activities of all persons on the exterior premises.
(2) Bed and breakfast.
(a) The owner must reside on the premises and be the operator of the facility.
(b) All units are located within the principal structure.
(c) Occupancy shall be event driven and no stay shall be permitted for longer than 30 consecutive days.
(d) A building code inspection in conducted and any necessary building permit is issued prior to occupancy to assure conformance to Health, Building and Fire Codes.
(e) The exterior façade shall not be altered from its single-family character.
(f) On-premises advertising signs shall be limited to either one wall sign up to four square feet or a free-standing sign up to two square feet.
(g) The sign shall be designed in character with the principal structure, identifying not more than the name and address of the facility.
(h) The facility shall be located on a through street.
(i) A minimum of one off-street parking stall for each guest room plus two off-street parking stalls for the permanent residents shall be provided, and the facility must be able to accommodate all guest parking off-street without the need to alter the existing off-street parking arrangement. A piggy-back or tandem parking arrangement is permitted.
(j) On-site dumpsters or other waste containers shall be screened from public view.
(3) Cemeteries. Cemeteries shall conform to the following standards:
(a) Shall be located at least 25 feet from adjacent uses.
(b) Shall have adequate off-street parking.
(4) Churches, schools, and similar public uses.
(a) The site shall have access on a collector or arterial roadway or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.
(b) Parking areas shall be set back at least ten feet property lines.
(c) An off-street passenger loading area shall be provided.
(d) The structure must be setback at least 50 feet from a residential use.
(e) Outdoor recreation and play areas shall be located at least 25 feet from a residential use and buffered by appropriate landscape materials.
(f) No more than 75% of the site shall be covered with impervious surface.
(g) Site plan approval shall be obtained pursuant to § 153.15 of this chapter.
(5) Contractor Operations. Contractor operations in the B-2 Fringe Central Business District and the B-3 Highway Commercial District shall conform to the following standards:
(a) No outdoor storage of any kind, including but not limited to materials, equipment or machinery shall be permitted.
(b) All business vehicles shall be accommodated by off-street parking.
(c) The office area shall be maintained at the front (street-facing) side of the building to the greatest extent possible.
(6) Day care centers. State licensed commercial day care centers shall conform to the following standards:
(a) The site shall have loading and drop off points designed to avoid interfering with traffic and pedestrian movements.
(b) Outdoor recreation and play areas shall be located at least 25 feet from a residential use and buffered by appropriate landscape materials.
(c) Each center shall obtain applicable licenses.
(7) Farms, including livestock. Farms including livestock shall conform to the following standards:
(a) The site must be located on a collector street.
(b) The structures must be a minimum of 200 feet from a wetland area.
(c) The use shall be setback a minimum of 500 feet from a residential district.
(8) Group homes. The following applies to state licensed residential facilities for seven to sixteen persons. State licensed residential facilities shall conform to the following standards:
(a) The structure must be in compliance with the state licensing requirements.
(b) The structure must be in compliance with local building and fire codes.
(c) The site shall have adequate off-street parking to accommodate one parking space for each employee on the major shift.
(9) Guest cottages.
(a) The owner must be the operator of the facility.
(b) There is a maximum of four guest rooms in the principal structure, all of which are located within the principal structure.
(c) No more than 12 guests per overnight stay are permitted.
(d) Occupancy shall be event driven and no stay shall be permitted for longer than seven consecutive days to one entity.
(e) A building code inspection is conducted, and any necessary building permit is issued prior to occupancy to assure conformance to Health, Building and Fire Codes. This information, including contact information for the owner/operator, shall be posted in a conspicuous location in the facility.
(f) The exterior façade shall not be altered from its single-family character.
(g) On-premises advertising signs shall be limited to either one wall sign up to four square feet or a free-standing sign up to two square feet, and designed in character with the principal structure, identifying not more than the name and address of the facility.
(h) The facility shall be located on a thorough street.
(i) The site shall be able to accommodate a minimum of four off-street parking spaces and must be able to accommodate all guest parking off-street without altering the existing off-street parking arrangement. A piggy-back or tandem parking arrangement is permitted.
(j) On-site dumpsters or other waste containers shall be screened from public view.
(10) Industry. Industry shall conform to the following standards for both light and heavy industrial uses:
(a) Landscaping. All open areas of any site, lot, tract, or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the City Council. It shall be the owner's responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts or parcels shall also be properly maintained.
(b) All raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building, provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored within the permitted parking lot space.
(c) Building design and construction. In addition to other restrictions of this chapter and any other regulations of the city, any industrial building or structure shall meet the following standards:
1. All exterior wall surfaces shall employ high exterior finishes such as glass, brick and stone. Specifically designed pre-cast concrete units shall be allowed if the surfaces have been integrally treated with an applied decorative material or texture. Factory fabricated and finished metal-framed panel construction, if the panel materials be any of those named above, other than unpainted galvanized iron or plastic.
2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of
the same materials as the original construction and shall be designed in a manner conforming with the original architectural design and general appearance.
(d) Heavy industry. In addition to meeting the above requirements for light industry, heavy industry shall conform to the following additional standards:
1. Shall be located at least 50 feet from non-heavy industrial uses.
2. The site shall have direct access to collector or arterial streets.
3. Shall encourage shared parking with like heavy industrial uses.
(11) Hospitals and health care facilities. Hospitals and health care facilities shall conform to the following standards:
(a) The site shall have direct access to collector or arterial streets.
(b) Emergency vehicle access shall not be adjacent to or located across a street from any residential use.
(12) Kennels (commercial). The following applies to commercial kennels:
(a) The use shall not be located within 500 feet of any residential district.
(b) Any outdoor exercise area shall be screened from view from abutting property with a landscaping buffer strip having a minimum width of eight feet, consisting of coniferous and deciduous trees.
(c) The site must be located on a collector street.
(d) The structures associated with the kennel operation must be a minimum of 200 feet from a wetland area.
(13) Multiple family. Multiple family shall conform to the following standards:
(a) Adequate off-street parking and off-street loading is provided.
(b) The development is adequately served by a collector or arterial street or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets.
(c) Development is compatible in design and layout with existing and planned use of the area.
(d) The lot, setback and building requirements are complied with.
(e) The following requirements are established to provide uniform building design and to insure the quality of construction to provide adequate protection to all persons residing within the structure:
1. Window glass should be a minimum of 5% of the floor space of the living area in each unit.
2. All below grade units shall have a floor grade not greater than 36 inches below ground.
3. No building of a height greater than three stories shall contain below grade dwelling units.
4. Any multiple dwelling over three stories in height shall contain an elevator.
5. A multiple dwelling building over three stories shall supply building plans including site plans that are certified by an architect registered in the State of Minnesota, stating that the design of the building and the site has been prepared under their direct supervision. Any building of Type I or Type II construction, as provided in the Uniform Building Code, shall have its electrical, mechanical, or structural systems designed by engineers registered in the State of Minnesota.
6. The minimum floor area of an efficiency dwelling unit shall not be less than 400 square feet. That of a one-bedroom unit shall not be less than 650 square feet, and that of a two bedroom unit shall not be less than 800 square feet.
(14) Outdoor auto, truck, recreational vehicle, equipment sales and display. Outdoor auto, truck, recreational vehicle, equipment sales and display shall comply with the following standards:
(a) Shall have adequate off-street parking.
(b) All access drives, parking and storage areas shall be surfaced with concrete or bituminous with curb and gutter.
(c) Shall be screened from adjacent residential districts by buffer fence of adequate design or a planting buffer screen.
(d) All used vehicles associated with the use shall comply with the following additional standards:
1. Shall be in an operable condition.
2. Shall not be extensively damaged, with the damage including such things as broken or missing tires and wheels, motor, body parts, windows, drive train or transmission.
3. Shall have a fair market value greater than the approximate value of the scrap in it.
(15) Outdoor dining. Outdoor dining on public sidewalks shall comply with the following standards:
(a) Sidewalk pedestrian pass-by area must be wide enough to accommodate the six-foot seating and pedestrian pass-by requirement.
(b) Outdoor dining and related obstructions shall be prohibited from the pedestrian pass-by area.
(c) Outdoor dining and seating shall not be placed in areas that negatively impact the line-of-sight of vehicles, specifically at intersections.
(d) Outdoor dining hours shall be restricted to the hours of 11:00 a.m. to 10:00 p.m.
(e) Noise levels from the outdoor dining activity shall not exceed those levels stated within the city code.
(f) The sale of alcoholic beverages in the outdoor dining area shall be prohibited entirely.
(g) The permit holder must show that the outdoor area is in compliance with federal, state, and local regulations regarding the preparation, sale, and service of food.
(h) The permit holder must reapply annually for a permit.
(i) Along with the application, a diagram indicating the location and size of tables, chairs, and walk area and exits must be submitted. The location of entryways and exits to the restaurant, with dimensions, must also be included along with any other information deemed necessary for the provision of the permit.
(j) Fencing or an acceptable barrier shall be used to surround the outdoor dining area, separating the dining area from the pedestrian space.
(k) Tables, chairs and other items associated with the outdoor dining operation shall be removed at the end of each business day, thus restoring the sidewalk to its normal condition.
(16) Outdoor storage. Outdoor storage shall conform to the following standards:
(a) All outdoor storage yards shall be completely screened from roads or developed areas with a solid fence or wall six feet or more in height, maintained in good condition, and screened with suitable planting.
(b) No un-screened outdoor storage yards established after the effective date of this chapter shall be located closer than 500 feet to existing state and federal roads, nor closer than 100 feet to any other city streets.
(17) Veterinary clinic, animal care, animal shelter, pet daycare, pet training, or animal hospitals shall conform to the following standards:
(a) Animals are allowed outside only under control and direct supervision of a responsible employee. When not in an approved, enclosed exercise/run are, animals shall at all times be under direct control on a leash.
(b) Other than approved, enclosed exercise/run areas there shall be no outside storage on site.
(c) A maximum number of animals allowed at the facility shall be established at the time of use permit issuance.
(d) There shall be no animals outside the building from 9:00 p.m. to 6:00 a.m.
(e) Dogs barking for one minute or longer shall be defined as excessive barking. Excessive barking is prohibited. If corrective measures, to the satisfaction of the city, are not taken to prevent continued excessive barking behavior, the conditional use permit may be revoked.
(f) Indoor and outdoor facilities are kept in a clean, dry, and sanitary condition.
(g) Animal waste shall be picked up immediately and disposed of in a sealed container. Animal exercise/run areas shall be designed to enable washing of surfaces to eliminate urine retention throughout all seasons.
(h) Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration.
(i) Indoor facilities shall be adequately ventilated and have ample light and heat.
(j) Adequate screening shall be provided, as determined by the City Council at the time of conditional use permit issuance.
(k) The facility and operation shall comply with all applicable city, county, state, and federal regulations.
(18) Solar garden.
(a) Definition.
SOLAR GARDEN. A solar array composed of multiple solar panels that convert sunlight to electricity, which is not directly connected to the energy needs for a principal, permitted use of the property.
(b) Requirements. In addition to the general requirements found herein this section, the following requirements shall apply to any conditional use permit for solar gardens.
1. Setbacks.
a. All solar gardens shall meet the building setback requirements for the A-1 Agricultural/Rural Residence District.
b. 200 foot setback from any existing structure at the time of the conditional use permit issued, measured from the property line.
c. 1,000 foot setback from any minor and principal arterial roadways.
d. 100 foot setback from all other public roadways, trails, and/or sidewalks.
e. 200 foot setback from public parks, school, or church.
2. Shall not exceed 15 feet in height at maximum design tilt.
3. Shall be designed and located in such a way as to utilize existing lowland/wetland areas that are otherwise non-buildable in their current condition and to avoid otherwise developable areas.
4. Solar gardens are subject to reasonable screening requirements such as berms, fences, trees, etc. The screening shall be adequately maintained and shall obstruct all views of the solar garden from all neighboring properties.
5. Solar gardens shall not be used for the display of advertising.
6. All solar gardens shall be designed and located in order to prevent reflective glare towards structures on adjacent properties and adjacent public roadways.
7. Solar gardens shall include the establishment of ground cover meeting the beneficial habitat standards using native plant species and seed mixes consistent with the Department of Natural Resources and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR).
8. All power and communication lines running between banks of solar panels, electric substations, or interconnections with buildings shall be buried underground.
9. All solar gardens shall be in compliance with any and all applicable local, state, and federal regulatory standards.
10. The applicant shall obtain and receive all approvals from applicable utility companies prior to commencing the project and installation of solar garden.
11. A conditional use permit application for a solar garden shall include a site plan of existing conditions and as determined by city staff, shall include the following:
a. Location and spacing of proposed solar garden.
b. Current property lines and the property lines of property within 100 feet of the subject property.
c. Location of any and all existing easements.
d. Location of existing buildings on site.
e. Topography at two foot intervals and source of contour intervals. A contour map of adjacent properties may also be required.
f. Existing vegetation (identify type and percent of coverage (i.e. grassland, pasture, wooded areas, tillable land for farming).
g. Waterways, watercourses, drainage ditches, wetlands, lakes, and other public waters.
h. Drainage and grading plan.
i. Delineated wetland boundaries.
j. The 100 year flood elevation and regulatory flood protection elevation, floodway, flood fringe and/or general floodplain district boundary, if applicable.
k. Planned location of underground or overhead electric lines connecting the solar garden to the building, substation, or other electrical load.
l. A detailed landscaping plan.
m. Plan for stray voltage/ surge testing for when solar garden is operational.
n. Glare study. Solar projects utilizing a reflector system shall conduct a glare study (U.S. Department of Energy's Solar Glare Hazard Analysis Tool) to identify the impacts of the system on occupied buildings and transportation rights-of-way within a half mile of the project boundary.
o. Decommissioning plan. A decommissioning plan shall be required for solar projects to ensure that facilities are properly removed after the expiration of the useful life of solar panels and other facilities. Decommissioning of solar panels and related facilities must occur in the event the solar panels are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures, foundations, equipment and power and communication lines, restoration of soil and vegetation to its pre-developed condition, and a financial guarantee to ensuring that financial resources will be available to fully decommission the site. The city may require that the applicant provide a bond, letter of credit, escrow or other financial security in a form and amount set by the city, naming the city as oblige. In determining the financial security, the city shall require an inflationary escalator in determining the appropriate amount of security. If said decommission has not been completed within 12 months of the solar panels ceasing use, then the city shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 calendar days of the receipt of said notice. If the decommissioning has not been completed within 30 calendar days of the receipt of said notice, the city may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all the costs and expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the city shall be billed to the landowner and if not paid within 60 calendar days of billing, shall become a lien against the project or levied as an assessment against the property. If the city chooses to undertake the decommissioning as stated above, the city shall have the right to draw on the bond, letter of credit, escrow or other financial security at its discretion.
(F) Amendment of a conditional use permit. Any modification to the conditions of a conditional use permit shall be required to complete a conditional use permit amendment. A conditional use permit amendment is subject to all conditions and approvals required for conditional use permit review as specified in this section.
(G) Revocation of a conditional use permit.
(1) A conditional use permit shall become null and void without further action by the Planning and Zoning Commission or City Council whenever within one year after granting a conditional use permit, the use as allowed by the permit has not have been initiated or utilized, unless a petition for an extension of time in which to complete or utilize the use that has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(2) A conditional use shall expire if that use shall cease for more than 12 consecutive months.
(3) Inspections may be conducted at least annually, and an update provided to the City Council to determine compliance with the terms of a conditional use permit.
(H) Uses by conditional use permit not non-conforming uses. Uses authorized by conditional permit under this section shall not be deemed a non-conforming use but shall without further action be considered a conforming use, but only in accordance with the conditions set forth in the conditional use permit.
(I) Filing. A certified copy of any conditional use permit shall be filed with the Sibley County Recorder or Registrar of Titles and shall include a legal description of the subject property.
(Ord. 366, passed 8-7-2024)