(1) Purpose. The purpose of this section is to allow the city to review uses, which because of their unique characteristics, cannot be permitted as of right in a particular zoning district, but which may be allowed upon showing that such use in a specified location will comply with all of the conditions and standards of this zoning ordinance. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and an annual review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. Conditional use permits may be granted in accordance with this subdivision for any use or purpose for which such permits are required or permitted by this chapter or as listed as a conditional use for the zoning districts provided in §§ 1007.100 through 1007.151.
(2) Submittal requirements. An application for a conditional use permit shall be filed with the Zoning Administrator and shall be accompanied with the submittal information as identified in § 1007.020 (Site and Building Plan Review).
(3) Procedure. An application for a conditional use permit shall be approved or denied within 60 days of the date of its official complete submission pursuant to M.S. § 15.99 unless extended pursuant to Statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
(a) The property owner or their agent shall file with the Zoning Administrator a completed application form together with the required submittals and a fee as required in § 1007.000(8). The request for conditional use permit shall be placed on the agenda of the Planning & Zoning Board according to the city’s deadline and meeting schedule.
(b) The city shall set the date for a public hearing and have notice of such hearing published in the legal newspaper at least ten days prior to said hearing in accordance with M.S. § 462.357, Subd. 3.
(c) The city shall mail notice of the public hearing to all property owners within 350 feet of the property in question. Said notice shall be mailed at least ten days prior to the day of the public hearing in accordance with M.S. § 462.357, Subd. 3. Failure of any property owner to receive the mailed notification shall not invalidate the proceedings.
(d) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation of the action to the City Council.
(e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed conditional use. Its judgement shall be based upon, but not limited to, the following factors:
1. The proposed development application has been found to be consistent with the design standards listed in § 1007.020(4).
2. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
3. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance.
(f) The Planning and Zoning Board 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 chapter. Such recommendation shall be made in writing and accompanied by the report and recommendation of city staff.
(g) Upon receiving the report and recommendation of the Planning and Zoning Board and the city staff, the City Council shall make a recorded finding of fact and may impose any condition they consider necessary to protect the public health, safety and welfare.
(h) Following approval of the conditional use permit, the city shall file a certified copy thereof including a legal description of the property with the County Recorder and/or Registrar of Title.
(4) Expiration. The applicant shall commence the use or construction within one year of the date of approval unless a different time is specified in the conditional use permit. Otherwise, the approval shall be null and void, unless an extension is requested in writing, and for good cause, is granted by the City Council. A conditional use specified in the permit expires if, for any reason, the authorized use ceases for more than one year.
(5) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. An amended conditional use permit application and requests for changes in conditions shall be administered in a manner similar to that required for a conditional use permit.
(6) All uses existing as of July 14, 1997 that are included in the list of conditional uses for the zoning district in which they are located shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above.
(7) No application for a conditional use permit shall be resubmitted for a period of 12 months from the date of said order of denial.
(8) Revocation. If an approved conditional use permit is in violation of this chapter or the conditions of permit approval, the city may initiate a process to revoke the conditional use permit. The city shall then conduct a public hearing to consider the revocation of a conditional use permit. Notifications shall be distributed and published according to division (3)(b) and (3)(c) above. The public hearing shall be conducted by the Planning and Zoning Board, which shall make a recommendation to the City Council. In considering revocation, the Board and the City Council shall consider compliance with the approved conditions of the conditional use permit and the standards listed in division (3)(e). The city may also conduct a public hearing and consider revocation if the time requirements of division (4) have not been met.
(9) Following a vote by the City Council to revoke the conditional use permit, the city shall file a certified copy thereof including a legal description of the property with Anoka County.