(A) Purpose. The purpose of this section of the zoning chapter is to provide the City Council with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public safety.
(B) Application. Applications for conditional use permits shall be made to the Clerk/Treasurer together with required fees. The application shall be accompanied by a site plan showing the information as is necessary to show compliance with this chapter, including but not limited to:
(1) Description of site (legal description) and zoning;
(2) Site plan drawn at scale showing parcel and building dimensions;
(3) Location of all building and their square footage;
(4) Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks;
(5) Landscaping and screening plans;
(6) Drainage plan;
(7) Sanitary sewer and water plan with estimated use per day;
(8) Soil type;
(9) Shoreland zoning district boundary, where applicable; and
(10) Any additional written or graphic data reasonably required by the Clerk/Treasurer or the Planning Commission.
(C) Procedure. The Clerk/Treasurer shall forward the application to the Planning Commission for consideration at their next regular meeting.
(1) The Planning Commission shall set a date for the official public hearing. Notice of the hearing shall be published in accordance with state law and notice shall be published at least once in the official paper of the city and mailed to individual properties within 350 feet of the parcel included in the request not less than ten days nor more than 30 days prior to the date of the hearing. Failure of a property owner to receive the notice shall not invalidate any proceedings.
(2) The Planning Commission shall consider the possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce any adverse effects, and shall make a recommendation to the City Council within a time period so that the requirements of M.S. § 15.99, “Time Deadlines for Agents Action,” as it may be amended from time to time, may be achieved by the City Council.
(3) Upon receiving the report and recommendation for the Planning Commission, the City Council shall have the option of holding a public hearing if necessary and may impose any conditions deemed necessary. Approval of a conditional use shall require passage by a two-thirds vote of the full City Council.
(D) Standards. No conditional use shall be recommended by the Planning Commission unless the Commission shall find:
(1) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;
(2) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area;
(3) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
(4) Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use;
(5) Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in a manner that no disturbance to neighboring properties will result;
(6) Proper facilities are provided which would eliminate any traffic congestion or traffic hazard which may result from the proposed use;
(7) The demonstrated need for the proposed use; and
(8) The proposed use is in compliance with any land use plan adopted by the city.
(E) Recording. A certified copy of any conditional use permit shall be filed with the County Recorder. The conditional use permit shall include the legal description of the property involved.
(F) Fees. To defray administrative costs of processing request conditional use permits, a fee as required by resolution of the City Council, shall be paid by the applicant at the time the application is requested. The city shall also be reimbursed for any additional costs associated with review of a proposal as set by the City Council.
(G) Compliance. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permits and of any conditions designated in connection therewith.
(H) Planned unit development. The purpose of this section is to provide for the grouping of land parcels for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This division is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses, these regulations are not intended as subdivision regulations and should not be confused as such.
(I) Lapse of conditional use permit by non-use. Whenever within one year after granting the conditional use permit the work permitted has not been started, then the permit shall become null and void unless petition for an extension has been approved by the City Council.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00)