Pursuant to Minnesota statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
A. Request for conditional use permits, as provided within this title, shall be filed with the zoning administrator on an official application form. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission.
B. Upon receipt of said application, the city clerk shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing, report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within five hundred feet (500') of the boundary of the property in question.
C. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title.
D. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the city council.
E. The planning commission shall consider possible effects of the proposed use with its judgment based upon, but not limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
3. The proposed use conforms with all performance standards contained in this code.
4. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the property.
F. The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
G. Unless excused by the planning commission chair, the applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.
H. The planning commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this title. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the city council meeting.
I. The city council shall not grant a conditional use permit until the planning commission has held a public hearing on the request. The city council shall act upon the conditional use permit within sixty (60) days from the date of submission of a complete application, unless an extension has been provided, pursuant to Minnesota statutes 15.99.
J. Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary, shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.
K. Subject to limitations of Minnesota statutes 15.99, if, upon receiving said report and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council may differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
L. Approval of a request shall require passage by a majority vote of the city council.
M. All decisions made by the city regarding a conditional use permit shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above.
N. 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 substantially the same property shall not be considered again by the planning commission or city council for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or city council for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the city council. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 7, 5-17-2010; Ord. 888, 2-21-2012; Ord. 1031, 6-1-2020)