(A) Purpose. The conditional use permit is required for the purpose of determining the acceptability of uses, which by their nature, require particular consideration in light of the purpose and terms of the zoning district in which they are located. A conditional use may be approved upon a showing by the applicant that the standards and criteria stated in this chapter concerning such use will be satisfied.
(B) Scope. Conditional use permits may be issued for any of the following:
(1) Any of the uses or purposes for which such permits are required by the provisions of this chapter;
(2) To permit as a conditional use any nonconforming use existing in any district at the time of the establishment of such district.
(C) Procedure. Conditional use permits shall require application of the following procedure.
(1) Initiation. Initiation of an application may be made by any person having an ownership interest in the parcel described in the application.
(2) Application. Application shall be made upon forms approved by the Zoning Administrator together with such applicable plans and information required by this chapter and the Zoning Administrator. Applications shall be received by the Zoning Administrator and subsequently shall be submitted to the Planning Commission.
(3) Notice. Upon receipt of an application, the Zoning Administrator shall cause to have published once in the official newspaper a notice of the time, place and purpose of the hearing. A similar notice shall be sent by first class mail to each owner of the affected property and to the owners of property situated within 350 feet of the affected property. Publication and mailing notices shall be made not less than 10 days nor more than 30 days prior to the date of the hearing. For the purpose of giving mailed notice, the Zoning Administrator may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator and shall be made a part of the records of the proceedings. For purposes of computing the 10 days of notice, the day after publication or mailing shall be counted as the first day. Saturdays, Sundays or any day made a legal holiday by the city, state or federal governments shall be included in the computation unless the tenth day of the period falls on such a day, when it shall not be so counted. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings.
(4) Hearing. Upon evidence that adequate notice has been served the Planning Commission shall hold at least one public hearing on each application. The applicant or a duly authorized representative shall be present at said public hearings. Absence of the applicant or a duly authorized representative shall be sufficient cause to deny the application.
(5) Report. The Planning Commission shall report its proceedings together with its recommendations to the Council subject to limitations in § 155.25.
(6) Action. Upon receipt of the Planning Commission’s report the Council may hold whatever public hearings it deems advisable. The Council shall take action on the application within the limitations of § 155.25.
(7) Review. It shall be the duty of the Zoning Administrator to report annually on all applications granted in the last year so as to advise the Planning Commission and Council of their conformance status.
(8) Denial. No application denied shall be resubmitted for a period of 6 months from the date of the denial, except the Planning Commission may permit a new application, if in the opinion of the Zoning Administrator, new evidence or a change of circumstances warrant it.
(D) Standards. Conditional uses shall in all events be required to conform to the minimum standards of the district in which it is located. In acting upon a request it may be determined that, in order to protect the public health, safety, convenience and welfare, or to avoid traffic congestion or hazard or other dangers, or for promoting conformity of a proposed use with the character of adjoining property and uses and the district as a whole, or for protecting such character, the issuance of a permit should be subject to conditions, including, but not limited to, the following.
(1) Access. Provisions controlling the location, or number of vehicle access points.
(2) Adjacent property. Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(3) Agreements. A written agreement, deposit of certified check for funds, a bond or other assurance of faithful observance of conditions the violation of which shall invalidate the permit.
(4) Building limitations. Limiting the height, size, or location of buildings.
(5) Enclosed uses. Every use requesting exemption from the requirement of being within a completely enclosed structure must comply with any or all other standards determined to affect such use.
(6) Maintenance. Limitation of use or specification of manner of maintaining and conducting same.
(7) Open space. Designating sites for open space or dedication to the public of areas required for public purposes.
(8) Parking. Increasing the number of required off-street parking or loading space.
(9) Streets. Increasing the street design, width, or right-of-way.
(10) Time. Limiting the time a use may exist or operate.
(11) Yards. Adherence to modified yard, area, open space, width or depth, requirements in lieu of the regulations herein.
(E) Amended application. Any change involving 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.
(F) Fee. To defray administrative costs of processing requests for conditional use permits a fee, determined by the Council, shall be paid by the applicant. The fee payment shall accompany the initial application.
(G) Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses.
(H) Filing a permit. A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles of Nicollet County. The conditional use permit shall include the legal description of the property included. Any cost incurred in such filing shall be charged to the applicant.
(1975 Code, § 11.23) (Am. Ord. 31, passed 2-22-1983)