The purpose of a conditional use permit and interim use permit is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional or interim use is to be allowed, the city may consider the nature of the adjoining land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16-2024)

   A.   Request for conditional use permits and interim use permits, as provided within this chapter, shall be filed with the zoning administrator on an official application form. Such application shall be accompanied by a fee established by § 3-1-3 of the city code. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located within three hundred fifty feet (350') of the subject property obtained from and certified by Wright County or the city. The request for conditional use or interim use permit shall be placed on the agenda of the first possible planning commission meeting occurring twenty-one (21) days from the date of submission of the application. The request shall be considered as being officially submitted when all the information requirements are complied with.

   B.   The applicant shall supply proof of title and the legal description of the property for which the conditional use permit is requested, consisting of an abstract of title or registered property abstract currently certified, together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest, or supply written authorization from the owner(s) of the property in question to proceed with the requested conditional use permit.

   C.   Upon receipt of said application, the zoning administrator shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description and description of request, and shall be published in the official newspaper at least ten (10) days prior to the hearing, and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the boundary of the property in question.

   D.   Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this ordinance.

   E.   The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the city council.

   F.   The planning commission and city council shall consider possible adverse effects of the proposed conditional use. Their judgment shall be based upon (but not limited to) the following factors:

      1.   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan.

      2.   The proposed use is or will be compatible with present and future uses of the area.

      3.   The proposed use conforms with all performance standards contained herein.

      4.   The proposed use will not tend to or actually depreciate the area in which it is proposed.

      5.   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.

      6.   Traffic generated by the proposed use is within capabilities of streets serving the property.

   G.   The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

   H.   The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.

   I.   The planning commission shall make a finding 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 ordinance.

   J.   The city council shall not grant a conditional use or interim use permit until they have received a report and recommendation from the planning commission or until sixty (60) days after the first regular planning commission meeting at which the request was considered.

   K.   Upon receiving the report and recommendation of the planning commission, the city administrator shall place the report and recommendation on the agenda for the next regular city council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.

   L.   Upon receiving the report and recommendation of the planning commission, the city council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

   M.   If, upon receiving said reports and recommendations of the planning commission, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council will differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

   N.   Approval of a request for a conditional use or interim use permit shall require passage by a majority vote of the city council.

   O.   Whenever an application for a conditional use or interim use permit has been considered and denied by the city council, a similar application and proposal for a conditional use permit affecting either a portion or all of the same property shall not be considered again by the planning commission or city council for at least one (1) year from the date of its denial, except as follows:

      1.   Applications are withdrawn prior to the city council taking action on the matter.

      2.   If the city council determines that the circumstances surrounding a previous application have changed significantly.

      3.   If the city council decides to reconsider such matter by a four-fifths (4/5) vote of the entire city council.

   P.   If a request for a conditional use or interim use permit receives approval of the city council, the applicant shall record such with the county registrar of titles. The applicant, immediately upon recording such or as soon as is reasonably possible, shall furnish the city proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the city.

(Ord. 1988-12, 12-19-1988; amd. Ord. 1996-3, 3-4-1996; 2005 Code; Ord. 2009-012, 4-6-2009; Ord. 2024-13, 12-16-2024)

The conditional use or interim use permit and the stipulations and limitations imposed therein shall be applied to the property in question. The city, if so stated in formal action, may also apply the stipulations and limitations:

   A.   To the property in question, limited to the present owner.

   B.   To the property in question, for a specified time period.

(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16-2024)

The information required for all conditional use or interim use permit applications generally consists of the following items, and shall be submitted when requested by the city:

   A.   Site Development Plan:

      1.   A certificate of survey locating all buildings on lots including both existing and proposed structures.

      2.   Location of all adjacent buildings located within three hundred fifty feet (350') of the exterior boundaries of the property in question.

      3.   Location and number of existing and proposed parking spaces.

      4.   Vehicular circulation.

      5.   Architectural elevations (type and materials used in all external surface).

      6.   Location and type of all proposed lights.

      7.   Curb cuts, driveways, number of parking spaces.

   B.   Dimension Plan:

      1.   Lot dimensions and area.

      2.   Dimensions of proposed and existing structures.

      3.   "Typical" floor plan and "typical" room plan.

      4.   Setbacks of all buildings located on the property in question.

      5.   Proposed setbacks.

   C.   Sanitary Sewer And Water Plan: With estimated use per day.

   D.   Grading Plan:

      1.   Existing contours.

      2.   Proposed grading elevations.

      3.   Drainage configuration.

      4.   Storm sewer catch basins and invert elevations.

      5.   Spot elevations.

      6.   Proposed road profile.

   E.   Landscape Plan:

      1.   Location of all existing trees, type, diameter, and which trees will be removed.

      2.   Location, type and diameter of all proposed plantings.

      3.   Location and material used for all screening devices.

   F.   Legal Description: Legal description of property under consideration.

   G.   Ownership Of Land: Proof of ownership of the land for which a conditional use permit is requested.

(Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2024-13, 12-16-2024)

Whenever, within one year after granting a conditional use or interim use permit, the use as allowed by the permit shall not have been initiated or utilized, then such permit shall become null and void, unless a petition is filed for an extension of time in which to complete or utilize the use that was approved by the city council. Such extension shall be requested in writing and filed with the zoning administrator at least thirty (30) days before the expiration of the original conditional or interim use permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the planning commission for a recommendation and to the city council for a decision.

(Ord. 1988-12, 12-19-1988; amd. 2005 Code; Ord. 2024-13, 12-16-2024)

   A.   Except in the case of non-income producing residential property (excluding relocated structures), upon approval of a. conditional use or interim use permit, the city shall be provided, where deemed necessary, with an irrevocable letter of credit, surety bond, cash escrow, certificate of deposit payable to the city, or cash deposit prior to the issuing of building permits or the initiation of work on the proposed improvements or development. Said security shall be noncancelable and guarantee conformance and compliance with the conditions of the conditional use permit and the city' s ordinances.

   B.   The security shall be in the amount equal to one hundred twenty-five percent (125%) of the city engineer' s or city building official' s estimated costs of labor and materials for the proposed improvements or development. Said project can be handled in stages upon the discretion of the city engineer and building official.

   C.   The city shall hold the security until the proposed improvements or development is completed and a certificate of occupancy indicating compliance with the city's conditional use or interim permit and regulations has been issued by the city building official.

   D.   Failure to comply with the conditions of the conditional use or interim use permit or the regulations of the city shall result in forfeiture of the security.

(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16-2024)

The city council or planning commission may, upon their own motion, initiate a request for a conditional use or interim use permit in conformance with the provisions of this chapter. Any person owning real estate or having documented interest therein, within the city, may initiate a request for a conditional use or interim use permit for real estate in conformance with the provisions of this title.

(Ord. 1988-12, 12-19-1988; amd. Ord. 2024-13, 12-16-2024)

If a conditional use or interim use permit is in violation of this ordinance or conditions of permit approval, the city may initiate a process to revoke the permit involving the following steps:

   A.   Written notice of violation to the property owner citing the violation and time frame to correct violations. If the conditional use permit was issued to a person other than the owner, the city shall also provide notice to such other person at the last known address for such person as contained in the city' s files.

   B.   If violations are not corrected within the stated time frame, the city will notify the property owner and conditional use or interim use permit holder and publish a public hearing notice for a public hearing to consider revocation of the conditional use or interim use permit. Notification of the public hearing shall be published in the official newspaper at least ten (10) days prior to the hearing, and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the boundary of the property in question.

   C.   City staff shall prepare a report outlining the terms of approval, violations, and findings for the conditional use or interim use permit revocation.

   D.   A public hearing may be held by either the planning commission or city council. If a public hearing is held by the planning commission, the planning commission shall provide findings and recommendation for action to the city council within ten (10) days of the commencement of the public hearing. If no such recommendation is forthcoming within the ten (10) day period, the city council may act without the recommendation of the planning commission.

   E.   If the city council holds a public hearing, the city council shall review the city staff report(s), take testimony from the property owner, and public testimony, and make a decision on the conditional use permit revocation.

   F.   Following a vote by the city council to revoke the conditional use or interim 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 titles and shall mail notice of its decision to the property owner and holder of the conditional use or interim use permit.

   G.   If the conditional use or interim use permit is revoked any unfinished portions of the conditional use or interim use permit improvements shall be removed and returned to the preapproval conditions. Finished improvements may remain but shall only be used in accordance with city ordinances. Violations of this provision will be subject to code enforcement as outlined in title 1, chapter 6 of the city code.

(Ord. 2016-09, 8-15-2016; amd. Ord. 2024-13, 12-16-2024)

   A.   All interim use permits shall be a roved with predetermined termination dates no less than one year after the date of adoption.

   B.   All interim use permits shall terminate on the occurrence of any of the following events whichever occurs first:

      1.   The termination date established by the City Council and stated in the interim use permit.

      2.   A violation of the conditions under which the interim use permit was issued.

      3.   A change in this ordinance that causes the use to become nonconforming.

      4.   The use has been discontinued for twelve (12) or more months.

   C.   Upon expiration of an interim use permit, the applicant may reapply for a renewal of the interim use permit. Prior granting of an interim use permit does give an applicant an vested right to renewal.

(Ord. 2024-13, 12-16-2024)