(A) Authority. The City Council may, after review and recommendation by the Planning Commission, grant or deny a conditional use permit with a simple majority vote.
(B) Standards and conditions for conditional uses.
(1) A conditional use permit may be granted for the following uses only:
(a) Any use specifically listed as a conditional use in the regulations applicable to the district in which it is specifically located;
(b) Planned development in accordance with the provisions of §§ 151.080 et seq. of this chapter in any district; and
(c) Any of the following uses in any residential or commercial district:
1. Schools;
2. Community recreation buildings and fields;
3. Elderly high rise;
4. Relocation of any structure larger than ten feet by 12 feet.
(d) Any of the following uses in any district: buildings, facilities, or premises of public service corporations to be used for public utility purposes necessary to the public convenience or welfare.
(a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community;
(b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities, and other matters affecting the public health, safety, and general welfare; and
(c) That the proposed building or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations.
(C) Procedure.
(1) (a) An application for a conditional use permit shall be submitted to the Zoning Administrator. A nonrefundable application fee, as established from time to time by the City Council by ordinance, to cover administrative costs and costs of the hearing shall accompany each application.
(b) Except as specifically excused by the Planning Commission, the application shall contain the following information and be accompanied by the following submissions, as well as such additional information and submissions as may be prescribed by rule of the Planning Commission:
1. Legal description of the tract of land;
2. Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development;
3. Evidence of the financial capability of the applicant to complete the proposed development;
4. Plans drawn to convenient scale, showing the current zoning classification and existing land use of the tract, and those tracts directly adjacent to it, and any significant topographical or physical features and all easements of the tract, and adjacent tracts. The Zoning Administrator may require a certified survey at his or her discretion at the time of application; locating lot corners is the applicant’s responsibility;
5. Three copies of preliminary plans, drawn to a convenient scale, showing the same information as is required for site plan approval;
6. When the proposed development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted;
7. Copies of any restrictive covenants that are to be recorded with respect to property included in the proposed development;
8. When the development is to be constructed in stages or units, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit. No such stage or unit shall have a residential density that exceeds by more than 25% of the proposed residential density of the entire development. When a development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages or units completed or under development bear to the entire development.
9. When it deems it to be necessary, the Planning Commission may require a traffic survey (conducted at the expense of the applicant) setting out and analyzing the effect that the development will have upon traffic in the streets and thoroughfares adjacent to and in the proposed development;
10. A statement showing the relationship of the proposed development to the comprehensive plan and future land use plan of the city; and
11. A statement as to why the proposed development is to be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations.
(2) A public hearing shall be set, advertised, and conducted by the Planning Commission in accordance with § 151.042.
(3) (a) After the conclusion of the public hearing, the Planning Commission shall transmit to the City Council a written report containing its recommendations concerning the proposed conditional use. Such report shall be accompanied by findings of fact specifying the reasons for the recommendation.
(b) The City Council may table the matter for up to 60 days to obtain more information on which to base its decision. Conditional use applications not acted upon within that time shall be considered to be approved.
(c) In any case where a conditional use permit is sought for the purpose of establishing a planned development district, the report of the Planning Commission shall contain specific findings as to the degree of compliance of the proposed development with the standards made applicable to planned developments by §§ 151.080 et seq. of this chapter and as to the degree to which the proposed development advances the purposes for which planned developments may be approved.
(4) (a) Except in the case of an application for a conditional use permit to establish a planned development district, which shall be governed by §§ 151.075 et seq., the City Council shall, within the time established by M.S. § 15.99, as it may be amended from time to time, of the receipt of the report of the Planning Commission, grant or deny the conditional use or refer the matter back to the Planning Commission for further consideration.
(b) The City Council shall not grant a conditional use unless it finds that the standards of §§ 151.075 et seq. of this chapter have been satisfied.
(5) One of the conditions of a conditional use permit is that it shall be valid only for a period of six months, (except when issued specifically for a planned development, in which case the period of validity shall extend to 18 months), after which the same shall be revoked in the event that any proposed construction, alteration, or operation has not been started in accordance with the terms of such permit.
(6) A certified copy of each conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property included. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but the Council may in the future enact or amend this chapter to change the status of conditional uses.
(Prior Code, § 151.036) (Ord. 149, passed 3-9-1998)