(A) The procedure for taking action on a conditional use application shall be as follows.
(B) (1) An application for a conditional use permit shall be filed with the Zoning Administrator.
(2) The application shall be accompanied by a site plan of the proposed use showing the information as may be deemed necessary by the Zoning Administrator which may include, but is not limited to the following:
(a) Scale drawing of the parcel showing dimensions;
(b) Location of all existing and proposed buildings and their square footages;
(c) Curb cuts, driveways, access roads, parking spaces, and off-street loading areas;
(d) Existing topography;
(e) Finished grading and drainage plan;
(f) Sanitary sewer and water plan with estimated use per day;
(g) Soil limitations for the intended use; and
(h) A map showing all principal land use within 350 feet of the parcel for which application is being made.
(3) The application and related file shall be referred to the Planning and Zoning Commission for a study concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood.
(4) The Zoning Administrator shall cause to be published a notice of public hearing, in the official newspaper, at least 10 days prior to the date of hearing. The hearing shall be held within 30 days of filing.
(5) The City Council shall, within 60 days after a complete application is accepted for filing by the Zoning Administrator, consider the advice and recommendation of the Planning and Zoning Commission and either approve or deny the application for the conditional use permit. The time within which the Council must make a decision may be extended for an additional 60 days by the Council by giving written notice to the applicant of the extension, within the 60-day period, in which case the Council shall have 120 days to either approve or deny the issuance of the conditional use permit.
(6) No conditional use shall be recommended by the Planning and Zoning Commission unless the Commission makes a positive finding on each of the following.
(a) The use must be compatible with the uses in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity.
(b) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(c) That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided.
(d) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
(e) That 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 property will result.
(7) Within 60 days of filing, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and shall make a determination on the conditional use permit. Should the Council find that the proposed use when conducted under the specified conditions will not be detrimental to the health, safety, and general welfare, they may grant a conditional use permit specifying the conditions for location and use requested.
(8) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions designated in connection therewith.
(9) A use permitted by a conditional use permit shall be established within 1 year of the permit issuance. If the use is not established within a year, the conditional use permit shall be void.
(10) Once the use is established, a conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing shall prevent the city from enacting or amending this chapter to change the status of conditional uses.
(11) A certified copy of any conditional use permit shall be filed with the Faribault County Recorder. The conditional use permit shall include the legal description of the property included.
(Ord. 239, § 1108, passed 1-22-2000)