(A) Applicability. The purpose of a conditional use permit is to permit a use that would not be appropriate generally, but may be allowed with appropriate restrictions upon finding that:
(1) Certain conditions as detailed in this chapter exist;
(2) The use or development conforms to the comprehensive plan; and
(3) Is compatible with the existing area.
(B) Pre-application meeting. A pre-application meeting pursuant to § 154.065(D) is required prior to submitting a conditional use permit application.
(C) Submittal.
(1) The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee, as established by the City Council, for processing the conditional use application.
(2) The Zoning Administrator shall review the application and within 15 business days after receiving the application shall notify the applicant in writing if the application is not complete and what additional information is required.
(3) Criteria for complete submittal. No submittal to the city shall be considered complete without receipt of the following:
(a) A completed application form;
(b) An accurate boundary description of the property;
(c) Evidence of ownership or enforceable option on the property;
(d) A development plan of the property showing the existing or proposed buildings, streets, access roads, driveways, parking spaces and signs;
(e) Landscaping and screening plans;
(f) Any submittal materials pertaining to a site plan review, as listed in § 154.066, as may be required at the discretion of the Zoning Administrator; and
(g) Any additional information deemed necessary by the Zoning Administrator to determine the suitability of the particular site for the proposed use.
(D) Review process.
(1) Application distributed. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall distribute the application and exhibits to any applicable city staff, officials and other government agencies for review and comment.
(2) Hearing on application.
(a) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J)
(b) The Planning and Zoning Commission shall hold the public hearing and may table the application if necessary to study the application to determine possible adverse effects of the proposed conditional use and determine what additional requirements may be necessary to reduce any adverse effects.
(3) Review and decision.
(a) Upon the conclusion of the public hearing, the Planning and Zoning Commission shall recommend to the City Council either approval of the conditional use permit, approval of the conditional use permit subject to amended or conditions or denial of the conditional use permit.
(b) The City Council shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.
(4) Criteria for review.
(a) In making the determination, whether or not the conditional use is to be allowed, the City Council shall consider:
1. The effects of the proposed use on the comprehensive plan; and
2. The effects of the proposed use upon the health, safety and general welfare of occupants of surrounding lands.
(b) Among other things, the City Council shall make the following findings where applicable:
2. The use is not in conflict with the comprehensive plan of the city;
3. The use is consistent with the purpose of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use;
4. The use will not cause traffic hazards and the traffic generated by the proposed use can be safely accommodated on existing or planned street systems; and the existing public roads providing access to the site will not need to be upgraded or improved by the city in order to handle the additional traffic generated by the use;
5. Adequate measures have been taken or are proposed to prevent or control offensive odor, fumes, dust, noise, vibration or lighting which would otherwise disturb the use of neighboring property;
6. Adequate utilities, parking, drainage and other necessary facilities will be provided;
7. The proposed use will not impede the normal and orderly development or improvements of the surrounding property;
8. The proposed use will not be injurious to the use and enjoyment of other property in the neighborhood and will not significantly diminish or impair the values of the property;
9. The use will not disrupt the character of the neighborhood; and
10. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.
(c) Additional conditions. In permitting a new conditional use or in the amendment of an existing conditional use, the city may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the city considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:
1. Increasing the required yard setback dimension;
2. Limiting the height, size or location of the buildings;
3. Controlling the location and number of vehicle access points;
4. Increasing the street width;
5. Increasing the number of required off-street parking spaces;
6. Limiting the number, size, location or lighting of signs;
7. Requiring diking, fencing, screening, berming, landscaping or other facilities to protect adjacent or nearby property;
8. Designating sites for open space; and
9. Limiting the hours of operation.
(E) Issuance of approval.
(1) Recording.
(a) The city shall maintain a record of all conditional use permits issued including information on the use, location and conditions imposed by the city; time limits, review dates and such other information as may be appropriate. A record of applications which were not approved shall also be maintained for record keeping purposes.
(b) All CUPs shall be issued pursuant to M.S. § 462.3595 as may be amended from time to time and a certified copy of any conditional use permit shall be recorded with the county recorder along with a legal description of the property subject to the CUP.
(2) Effect of approval.
(a) If a conditional use permit is approved or approved with additional conditions, all future use of the land and structures erected on the land pursuant to the permit shall comply with its terms and conditions.
(b) Amendment.
1. A property owner may request an amendment to the conditions of an existing conditional use permit by submitting a full application for a conditional use permit and going through the full procedure described in this section.
2. In their review, the Planning and Zoning Commission and the City Council shall consider the original conditions of the approved CUP and find that the amended condition(s) are no longer relevant, are in need of updating, or need to be removed.
(c) Revocation.
1. The city may call for the revocation a conditional use permit when it finds that at least one of the following circumstances exists:
a. The approval was obtained by fraud;
b. Where a conditional use permit has been issued and no work thereon has commenced, or the use has not yet commenced, within 12 months of the date of granting the conditional use permit, excluding time during which the property owner can demonstrate: (1) the city had pending before it an application for a permit or land use entitlement directly related to, or for the purpose of, conducting said use; (2) a valid building permit directly related to said use or activity was in effect and was being diligently pursued; or (3) the property owner has been actively negotiating to sell the property, as evidenced by a purchase and sale agreement, proof of escrow, or other similar binding agreements, or the property is subject to a binding lease with a tenant who is diligently pursuing a business to reestablish the use on the site;
c. In the event that the applicant violates any of the conditions set forth in the conditional use permit.
2. Should revocation of a conditional use permit be called for, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).
3. The public hearing shall be held by the Planning and Zoning Commission. If the Planning and Zoning Commission finds that the continuation of the conditional use is in violation of this chapter, the Planning and Zoning Commission shall recommend the City Council revoke the conditional use permit.
4. The City Council shall act upon the recommendation of the Planning and Zoning Commission within 30 days of receiving the recommendation. The Zoning Administrator shall, in writing, inform the individual or party in question of the action of the Council and shall enforce the action taken.
(Ord. 879, passed 10-28-2020; Ord. 1.1-2021, passed 2-10-2021)