A. Purpose Of Conditional Use Permit: The purpose of a conditional use permit is to provide the city with discretion on determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health, and safety.
B. Initiating A Conditional Use Permit Request: Any person owning property, or having documented interest therein, may initiate a request for a conditional use permit for that property in conformance with the provisions of this title. The property owner or designated representative shall complete the required application for a conditional use permit which may be obtained from the zoning official. (Ord. 230, 5-6-2002)
C. Filing Application For A Conditional Use Permit: The application shall be filed with the zoning official who shall refer the application together with comments thereon to the planning commission. Such application shall be accompanied by a fee as established in section 3-8-1 of this code. The chair of the planning commission may, optionally, call for a public hearing for the next planning commission meeting to expedite the process. The city, after receipt and review of the application, may request additional information from the applicant which it deems necessary for a proper review by the planning commission. The request for a conditional use permit shall be placed on the agenda of a regular or special meeting of the planning commission to occur no later than forty (40) days from the date of submission. (Ord. 230, 5-6-2002; amd. Ord. 246, 12-3-2007)
Whenever an application for a conditional use permit has been considered and denied by the city council, a similar application for the conditional use permit affecting the same property shall not be considered again by the planning commission for at least one year from the date of its denial, except as follows:
1. Applications are withdrawn prior to the city council taking final action on the request;
2. The planning commission determines that the circumstances surrounding the previous application have changed substantially;
3. The planning commission decides to reconsider such matter by a vote of not less than a majority of all members.
D. Time Frame For Permit Approval: An official zoning decision will be made on permits within a sixty (60) day time frame. The sixty (60) day time frame starts from the date the completed city application, all required information, and fees are submitted to the zoning official. If the application does not contain all information required by law or by a previously adopted rule, ordinance or policy, the zoning official will provide written notification within ten (10) business days telling the applicant "what information is missing". The clock will restart on the sixty (60) days once the information is received by the zoning official.
E. Extension Of Permit Approval Time Frame: The city may extend the sixty (60) day limit for an additional sixty (60) days. The zoning official must give the applicant written notice of the extension before the initial sixty (60) day period ends. The written notice must indicate two (2) things: the reason for the extension and the length of the extension (up to an additional 60 days). Reasons for an extension may include, for example, the need for additional staff review of complex issues or the need for additional public meetings or planning commission review.
When state law requires the preparation of an environmental assessment worksheet (EAW) or an environmental impact statement (EIS) the deadline is extended until sixty (60) days after the review process is completed.
F. Public Hearing: Upon receipt of an application for a conditional use permit, the zoning administrator shall set the time and date for a public hearing. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description and a summary description of the request, and be published in the official newspaper at least ten (10) days prior to the hearing. A written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the property to which the conditional use permit relates. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice, or failure to provide mailed notice to individual property owners, or defects in the notice shall not invalidate any such proceedings as set forth within this title provided a bona fide attempt has been made to comply with the notice requirements of this title.
G. Consideration Of Conditional Use Request By Planning Commission: Providing the applicant has furnished all information, as requested by the zoning official, and provided the prescribed notification requirements can be met, the planning commission shall consider the application at its next meeting. The planning commission shall formulate its recommendations within seven (7) days of its meeting at which the application was first considered.
The planning commission shall provide its recommendation to the city council who shall consider request at its next regular meeting. Failure of the planning commission to provide a recommendation to the city council shall not invalidate the proceedings or actions of the city council.
H. Consideration Of Conditional Use Request By City Council: If, upon receiving the report and recommendation of the planning commission, the city council finds inconsistencies in the review process, the city council may refer the matter back to the planning commission for further consideration prior to making a final decision. The city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the health, safety, and welfare.
The city council must take action on the application at the next available council meeting from the date of receiving the recommendation of the planning commission or the appeal of the applicant when no report is received. An application for a conditional use permit may be granted by a majority vote of the council.
If the city council grants the conditional use permit, they may impose such conditions, as may be deemed necessary for, or appropriate to serve the purposes of, the comprehensive plan, the zoning ordinance, and to protect the public health, safety, and welfare (i.e., additional off street parking requirements, etc., above and beyond the normal requirements).
I. Issuance Of A Conditional Use Permit: In the issuance of a conditional use permit, the planning commission, may for good reason, recommend approval and the city council may approve a use that does not meet all the minimum standards and requirements of the zoned district. Any standards not met shall be so noted as part of the conditional use permit.
J. Amended Conditional Use Permits: An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include reapplications for permits that have expired or have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in this title. The planning commission may, upon written application and with approval by a majority of a quorum, authorize minor changes in location, siting, and heights of buildings or structures or an increase in overall coverage of buildings and structures; however, no change authorized by this subsection shall cause any of the following:
1. A change in the use or character of the development;
2. An increase in intensity of use;
3. An increase in traffic circulation;
4. A reduction in off street parking and loading spaces; or
5. A reduction in required pavement widths.
K. Cancellation Of Conditional Use Permits: Where applicable, unless otherwise specified by the city council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit within one year from the date of its authorization.
L. Appeal: Any person or persons or any taxpayer, department, board, or bureau of the city aggrieved by the decision of the city council shall have the right to seek review within forty five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the state of Minnesota, and particularly Minnesota statutes, chapter 462 as such statute may be from time to time amended, supplemented, or replaced.
Chart 2: Conditional Use Process
(Ord. 230, 5-6-2002)