(A) Granting. Before a building or premises is devoted to any use classified under “Uses by Special Permit” in this chapter, a special use permit must be granted by the Council following a public hearing and recommendation by the Planning Commission.
(1) The Council shall submit to the Commissioner of Natural Resources a copy of the application for the proposed special use permit sufficiently in advance of the hearing so that the Commissioner will receive at least ten days’ notice of the hearing.
(2) A copy of all decisions of the Council granting special use permit shall be forwarded to the Commissioner of Natural Resources within ten days’ of the action.
(B) Exhibits. The following exhibits shall be required unless waived by the Planning Commission:
(1) The boundary survey and plot plan as required for building permit applications;
(2) Certification of notification of 100% of owners of property located within 350 feet of property in question demonstrating that the owners have been advised of the time, date and place of the public hearing to be held before the Planning Commission to determine the appropriateness of the issuance of the special use permit sought; and
(3) Upon receiving an application for a special use permit within the Floodway or Flood Fringe Districts involving the use of fill, construction of structures or storage of materials, the Council shall, prior to rendering the decision thereon:
(a) Require the applicant to furnish such of the following and additional information as deemed necessary by the Council for determining the suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill/ storage of materials, flood proofing measures, and the relationship of the above to the location of the river channel;
2. A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development and high water information;
3. Plan (surface view) showing elevations, or contouring of the ground; pertinent structure fill, or storage elevation; size, location and special arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; and soil types;
4. Profile showing the slope of the bottom of the channel or flow line of the stream; and
5. Specifications for building construction and materials, flood proofing, filling, dredging, grading channel improvement, storage of materials, water supply and sanitary facilities.
(b) Transmit one copy of the information described in division (B)(3)(a) above, to a designated engineer or other expert person or agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of the flood damage to the use, the adequacy of the plans for the protection and other technical matters.
(c) Based upon the technical evaluation of the designated engineer or expert, the Council shall determine the specific flood hazard at the site, and elevate the suitability of the proposed use in relationship to the flood hazard.
(C) Standards for granting special use permits.
(1) A special use permit may be granted by the Council after demonstration by evidence that:
(a) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(d) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided;
(e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets;
(f) The special use will, in all other respects, conform to the applicable regulations of the district in which it is located; and
(g) In passing on special use permits in the Floodway and Flood Fringe Districts, the Board shall consider all relevant factors specified elsewhere in this chapter, and in addition thereto, the following factors:
1. The danger to life and property due to increased flood heights or velocities caused by encroachments;
2. The danger that materials may be swept onto other lands or downstream to the injury of others;
3. The proposed water supply and sanitary systems and the abilities of these systems to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
5. The importance of the services provided by the proposed facility to the community;
6. The requirements of a facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the proposed use;
8. The compatibility of the proposed use with existing development anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and the floodplain management program for the city;
10. The safety of access to the property in times of flood for ordinary and emergency vehicles;
11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
12. Other factors which are relevant to the purposes of this chapter.
(2) The Planning Commission may recommend, and the Council may stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.
(3) Within the Floodway or Flood Fringe Districts, the Council shall also stipulate, as an additional condition or restriction, flood proofing measures which are in accordance with the State Building Code. Furthermore, the applicant shall be required to submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(D) Revocation of special use permits.
(1) Where a special use permit has been issued pursuant to the provisions of this chapter, the permit shall become null and void without further action by the Planning Commission or the Council unless work thereon commences within one year of the date of granting the special use.
(2) A special use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.
(2003 Code, § 9.61-4) (Ord. passed 2-16-1953; Ord. 77-4, passed 4-8-1977; Ord. 83-5, passed 8-5-1983)
Editor’s Note:
If a mobile home park is converted to another use requiring a variance or zoning change, the Planning Commission must give notice of hearing to each occupant. See M.S. § 327C.095.