Pursuant to M.S. § 462.3595, as it may be amended from time to time, Conditional Uses may be approved by the City Council by a showing by the applicant that the standards and criteria stated in this zoning code, and any conditions imposed by the City Council, will be satisfied. A public hearing on the granting of a Conditional Use permit shall be held in the manner provided in § 151.51. A Conditional Use permit shall remain in effect as long as the conditions agreed upon are observed, but the Council may enact or amend the zoning code to change the status of Conditional Uses. A Conditional Use permit shall not become effective until a certified copy is filed by the applicant with the County Recorder, which shall include the legal description of the property included.
(A) Hearing.
(1) The Zoning Administrator shall refer the application to the Planning Commission for consideration at its next regular meeting, provided however, if the next regular meeting of the Planning Commission is within seven days of the date of filing, then such consideration may be at the second regular meeting after said filing. At that meeting, the Planning Commission shall set a date for a public hearing in the manner provided in § 157.024 on said application. The public hearing shall be no more than 60 days after the date of filing of the application with the Zoning Administrator.
(3) The applicant or their representative may appear at the public hearing in order to answer questions concerning the proposed Use.
(B) Planning Commission report.
(1) The Planning Commission shall make its report on the application to the City Council, in writing, within 60 days after the public hearing, unless the applicant consents to extended consideration by the Planning Commission. The report shall recommend that the Conditional Use permit be granted or denied and shall include the Planning Commission’s recommendation as to any conditions to be imposed if the Conditional Use permit is granted, including time limits or provisions for periodic review and shall state the reasons therefor.
(2) The Planning Commission’s report shall be filed with the Zoning Administrator who shall refer the same to the City Council for consideration at its next regular meeting; provided however, if the next regular meeting of the City Council is within seven days of the date of filing, then such consideration may be at the second regular meeting after said filing. At the same time, the Zoning Administrator shall mail to the applicant a copy of the Planning Commission’s report and a notice of the time and place of the meeting at which the report will be considered by the City Council.
(3) If the Planning Commission fails to file a report with the Zoning Administrator within the time provided by this section, the application shall be referred to the City Council as herein provided, without report, after the time for filing the report has expired.
(C) City Council action on application.
(1) The City Council shall make its decision on the application within 60 days of the filing of the Planning Commission’s report with the Zoning Administrator or after the last day for filing the same if no report is filed. The City Council shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy thereof bearing the notation of the filing date, to the applicant.
(2) The City Council may impose such conditions and restrictions, including time limits on the Conditional Use or periodic review as appears to be necessary and proper to protect adjacent property and comply with the intent and purposes of this chapter and the Comprehensive Plan.
(D) A Conditional Use permit shall remain in effect as long as the conditions agreed upon are observed, but the Council may enact or amend the zoning code to change the status of Conditional Uses.
(E) A Conditional Use permit shall not become effective until a certified copy is filed by the applicant with the County Recorder, which shall include the legal description of the property included.
(F) Re-application. No application for a Conditional Use permit shall be resubmitted for a period of six months from the date of the denial of a previous application.
(G) Periodic review. If a periodic review is imposed as a condition of the granting of a Conditional Use permit, the Conditional Use permit shall be reviewed by the Planning Commission at a public hearing, in the manner provided in § 157.024, at least 30 days prior to the expiration of the permit. It shall be the responsibility of the Zoning Administrator to schedule such public hearing and notify the permit holder, by certified mail, at least ten days prior to the hearing.
(H) Compliance with permit; violation of conditions.
(1) Any Use permitted under the terms of a Conditional Use permit shall be established and conducted in accordance with all of the terms, conditions and restrictions of such permit. The violation of any term, condition or restriction of a Conditional Use permit shall be a violation of this chapter.
(2) In the event of the violation of any term, condition or restriction of a Conditional Use permit, the City may institute an appropriate action or proceeding in District Court for such equitable relief as may be appropriate including cancellation of the permit or appropriate orders preventing, restraining, correcting or abating such violations or threatened violations.
(I) Expiration and suspension of Conditional Use permit. A Conditional Use permit shall expire one year after it has been issued unless the Planning Commission has set some other time limitation or unless the Use for which the permit has been granted has commenced within such year, except that upon written application of the Owner of the affected land for which the Conditional Use permit was granted prior to the end of such year, the Planning Commission may extend the expiration date of such permit for an additional period, not to exceed one year. If under said Conditional Use permit, Building is commenced and subsequently determined by the Zoning Administrator to be abandoned for a period of 120 days, the Conditional Use permit shall be suspended at the end of said 120 days. Before said construction may be recommenced, a Conditional Use permit can be reinstated by the Planning Commission provided that no changes or alterations in the original plan have been made. If the Building permit for the construction that was determined to be abandoned became invalid prior to the recommencement of such construction, the suspended Conditional Use permit shall expire at the time said Building permit became invalid.
(J) Amended permit. An amended Conditional Use permit application may be 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 been denied or permits that have expired, requests for changes in conditions and as otherwise described in this chapter.
(K) Inclusion. All Uses permitted by this chapter by Conditional Use permit in existence prior to the adoption date of this chapter shall be automatically issued a Conditional Use permit by the Zoning Administrator. Any changes in the existing Use after the adoption date of this chapter shall require an amended Conditional Use permit.
Penalty, see § 157.999