(A) General. Any use listed as a conditional use or an interim use in this chapter shall be permitted only upon application to the Zoning Administrator, review and recommendation of the Planning Commission, approval and issuance of a Conditional Use (CUP) or Interim Use Permit (IUP) by the City Council, and only after additional approval required under any other governmental jurisdictions. The applicant for a CUP or IUP shall fill out and submit to the Zoning Administrator an application for a CUP or IUP. When the permit is submitted, the appropriate fee shall be paid in order for the application to be considered complete and receive consideration by the Planning Commission. A thorough site evaluation shall be conducted by City Planning Staff, the Zoning Administrator and, as applicable, the Planning Commission, prior to consideration of the permit by the City Council. An applicant seeking a CUP or IUP for a use existing as a lawful preexisting, legal nonconforming use shall, upon approval of such permit, be subject exclusively to the terms and conditions of the CUP or IUP thereafter. An applicant's acceptance of the conditions of the CUP or IUP shall constitute an intentional waiver of the rights applicable to the nonconforming use and agreement that the use shall be controlled by the terms and conditions of the permit, including the cessation of the use upon revocation of the permit.
(B) Required findings of facts. In considering the granting of any CUP or IUP throughout the city, the Planning Commission shall during its public hearing consider and include in its recommendation to the City Council, findings of fact on the effect of the proposed use upon:
(1) The maintenance of the public health, safety, welfare, morals, and convenience of the occupants of the surrounding land;
(2) The traffic conditions and parking on adjacent streets and land and existing and proposed access roads;
(3) Its compatibility with adjacent land uses and impacts on surrounding property;
(4) Its compatibility with the community's Comprehensive Plan and/or Land Use Plan; and
(5) Whether adequate utility, drainage and other such necessary facilities have been or can be provided.
(C) Considerations. In considering the granting of any CUP or IUP throughout the City of Park Rapids, the Planning Commission and City Council shall evaluate the effect of the proposed use upon:
(1) The maintenance of the public health, safety and welfare;
(2) The location of the site with respect to existing and proposed access roads;
(3) Its compatibility with adjacent land uses;
(4) Its compatibility with the intent of the zoning district in which such use is proposed;
(5) Its compatibility with the objectives of this chapter and its consistency with the City of Park Rapids Future Land Use Plan.
(6) The ability to provide pedestrian and bicycle access, as noted in the site plan, to any customer/tenant ingress/egress of the building, including from a public right-of-way and off-street parking area that serves the use in a manner which minimizes nonvehicular/vehicular conflicts.
(D) Shoreland Review Criteria. In considering the granting of any CUP or IUP in shoreland areas, the Planning Commission and City Council shall evaluate the effect of the proposed use upon:
(1) The prevention and control of water pollution, including sedimentation and nutrient loading;
(2) Existing topography and drainage features and vegetative cover on the site;
(3) The location of the site with respect to floodplains and floodways of river or tributaries;
(4) The erosion potential of the site based upon the degree and direction of slope, soil type, and existing vegetative cover;
(5) The need for the proposed use for a shoreland location;
(6) The amount of liquid waste to be generated and the adequacy of the proposed sewage treatment system where city public utilities are available, and the adequacy of the site for individual well water supply and on-site sewage treatment systems if city utilities are not otherwise available;
(7) The visibility of structures and other facilities as viewed from public waters;
(8) Adequacy of the site for water supply and on-site sewage treatment systems; and
(9) The types, uses and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate these watercraft.
(E) Applicable Conditions and Requirements. Upon consideration of the factors listed above, the Planning Commission may attach conditions, in addition to those required elsewhere in this chapter, which it deems necessary for the furtherance of the purposes set forth in this chapter. Such conditions attached to a CUP or IUP may include, but shall not be limited to the following:
(1) Increased yards and setbacks;
(2) Periods and/or hours of operation;
(3) Minimum number of off-street parking spaces;
(4) Type of construction;
(5) Deed restrictions;
(6) Landscaping and vegetative screening;
(7) Type and extent of shore cover;
(8) Specified sewage treatment and water supply facilities;
(9) Location of signs, parking, docks, and piers;
(10) Limitations on odor, dust, noise, and light pollution;
(11) Adequate access for all pedestrians, including those using wheelchairs or any other mobility aid, subject to requirements of the Minnesota State Accessibility Code and the Americans with Disabilities Act;
(12) Requirement to notify the Planning Staff and Commission within 30 days of the transfer of ownership of a property subject to a conditional/interim use permit; and
(13) Any other reasonable requirements necessary to fulfill the purposes and intent of this chapter.
(F) Required Application Information. An applicant for a CUP or IUP may be required to furnish to the city Planning Staff, in addition to the information required for the building or other permit, the following:
(1) A plan of the proposed project area showing contours, soil types, ordinary high water level, ground water conditions, bedrock, slope, and vegetative cover;
(2) Location of existing and proposed buildings, parking areas, traffic access, driveways, walkways, piers, open spaces, and vegetative cover;
(3) Plans of buildings, sewage treatment facilities, water supply systems, and arrangements of operations;
(4) Specifications for areas of proposed grading, filling, lagooning, dredging, or other topographic alterations; and
(5) Other pertinent information necessary to determine if the proposal meets the requirements and intent of this chapter.
(G) Outside Agency Expertise. The Planning Commission and the City Council, in evaluating each CUP or IUP, application may request the Hubbard County Soil and Water Conservation District, or other qualified entity, to make available expert assistance to assist in the evaluation and consideration of the application.
(H) Procedural Requirements. The procedure for applying for a CUP or IUP is as follows:
(1) An applicant desiring a CUP or IUP shall fill out and submit to the Zoning Administrator a completed Conditional/Interim Use Permit Request form, copies of which are available from the City Planning Office. The appropriate fee shall be paid in accordance with the fee schedule contained in Chapter 36 of this Code and a complete application shall be made in order for the application to receive consideration by the Planning Commission.
(2) The Zoning Administrator shall make a written recommendation to the Planning Commission and schedule a public hearing to be conducted in accordance with the approved submission and meeting schedule application processing calendar.
(3) The Planning Commission shall hold a public hearing in accordance with M.S. §§ 462.3595 or 462.3597, as applicable, and the provisions of this chapter.
(4) The Planning Commission will forward its recommendation to the City Council for consideration in accordance with the approved submission and meeting schedule application processing calendar. If it recommends approval of the CUP or IUP, the Commission may recommend conditions it considers necessary to protect the public health, safety, and welfare.
(5) Pursuant to M.S. § 15.99, the City Council will act upon the request within 60 days from receipt of the application, unless an extension is required. The City Council may, at its discretion, extend the review period by no more than 60 additional days, provided that the Zoning Administrator notifies the applicant, in writing of the reason for such extension. The City Council may affirm, deny or modify the recommendation provided by the Planning Commission. If it grants the CUP or IUP the City Council may impose reasonable conditions it considers necessary to protect intent and purpose of the public health, safety, and welfare.
(6) For IUP, such conditions shall include a date, time limit and/or event that will terminate the use to exist or operate.
(7) If a time limit or periodic review is included as a condition by which a CUP or IUP is granted, the CUP or IUP may be reviewed at a public hearing with notice of said hearing published at least 10 days prior to the review. It shall be the responsibility of the Zoning Administrator, or designee, to schedule such public hearings and the owner of land having a CUP or IUP shall be required to pay a fee for said review according to the fee schedule found in Chapter 36 of this code. A formal public hearing process for review of CUP or IUP may be waived by the city at the time of the required review, at the city's discretion, if a public hearing is not warranted.
(8) CUPs and IUPs issued shall be recorded in the office of the Hubbard County Recorder as per Minnesota statutes. CUP approval authority shall run with the land and IUP approval authority shall run with the applicant.
(9) The Zoning Administrator shall maintain a record of all CUPS and IUP issued including information on the use, location, and conditions imposed by the City Council, time limits, review dates, and other such information as may be appropriate.
(I) Conditional or Interim Use Permit Expirations.
(1) A CUP or IUP shall expire and become void if the use it allows is not substantially started within 12 months from its date of issuance. A substantial start means more than preliminary steps have been taken and such that preparations to initiate the use are mostly complete, including but not limited to the issuance of a building permit, grading permit, or demolition permit. The City Council may, upon written request of the owner, and favorable recommendations by the Planning Commission, grant an extension to this deadline not to exceed an additional 12 months for each such request.
(2) In addition to the foregoing, an IUP expires and the interim use must terminate at the earlier of:
(a) The expiration date established by the City Council at the time of approval, but in no event more than 5 years from the date of approval;
(b) The occurrence of any event identified in the IUP for the termination of the use; or
(c) Upon an amendment of the city code that no longer allows the interim use.
(3) IUP also expire if the interim use ceases operation for a continuous period of 1 year or longer.
(J) Amendments/Modifications. Any change in use not specifically permitted by the original CUP or UP issued shall require an amended CUP or IUP issued according to the following procedures for either a Major Permit Modification or a Minor Permit Modification, as applicable. The Zoning Administrator shall have the final decision as to whether the requested amendment is a Major Permit Modification or a Minor Permit Modification.
(K) Minor Permit Modifications. Minor Permit Modifications shall be reviewed by the Zoning Administrator for approval, rejection, denial, or classification as a Major Permit Modification. The Zoning Administrator or Planning Commission may require any minor permit modification to follow the Major Permit Modification procedures. Approved Minor Permit Modifications will be presented to the City Council as an amendment to the existing CUP or UP, and the amendment shall be recorded as a modification to the original CUP or UP with the Hubbard County Recorder. To be reviewed through the administrative process, Minor Permit Modifications shall meet the following criteria:
(1) Sites shall be in nonresidential zoning districts and shall not abut any residentially zoned property.
(2) All sites must be legal parcels of record at the time of application under this section and shall not contain more than 1 principal use on the parcel.
(3) All permit modification proposals shall meet or exceed the current standards of all applicable codes, ordinances, and policies and shall not be seeking any variances from those standards.
(4) Intensification of previously permitted conditional, interim, special uses, or variances may be allowed as a Minor Permit Modification provided the intensification does not result in a net increase greater than 20% of the existing use, impervious surface area, structure, parking improvements, or other quantifiable use of the existing parcel or existing and adjoining parcel, as determined by the Zoning Administrator.
(5) All applications for permit modifications shall be complete and in full compliance with all the requirements of division (H)(1) of this section.
(6) Approval of site plan and full application by the Zoning Administrator.
(L) Major Permit Modifications. A Major Permit Modification includes any amendment or change not classified as a Minor Permit Modification. Major Permit Modifications shall follow the process and requirements for a new CUP or IUP pursuant to division (H) of this section and shall be further subject to and processes as follows:
(1) All Major Permit Modifications applications shall include a copy of the original CUP or IUP.
(2) City Planning staff shall make a recommendation to the Planning Commission if the original CUP or IUP shall be amended, replaced, or repealed in its entirety.
(3) The Planning Commission recommendation to Council must also address whether the original CUP or IUP shall be amended, replaced, or repealed in its entirety.
(4) The City Council shall act upon the new request by either: (1) repealing the existing CUP or UP in its entirety; (2) repealing the existing CUP or IUP and replacing it with a new CUP or IUP; or (3) amending the existing CUP or IUP.
(Prior Code, § 66-244) (Ord. passed 1994; Am. Ord. 598, passed 1-28-2020)