The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Conditional uses means those uses authorized by this chapter which require special planning consideration due to traffic circulation and access needs or impacts, operational characteristics, proximity to other similar uses, impact on neighboring property, etc., and which, therefore, need special conditions imposed to establish or control these factors in order to protect the public health, safety and welfare and to ensure compliance and harmony with the comprehensive plan of the city.

(Prior Code, § 74-91)

Conditional use permits may be issued for any of the following:

(1)

Any of the uses or the purposes for which such permits are required or permitted by the provisions of this chapter.

(2)

Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare.

(3)

Commercial excavating of natural materials used for building or construction purposes, in any district, as regulated in division 3 of this article.

(4)

To classify as a conforming use any nonconforming institutional use existing in any district at the time of the establishment of such district.

(5)

To allow more than one principal building on a lot.

(Prior Code, § 74-111)

(a)

Application for the issuance of a conditional use permit shall be made in writing to the city planning department; however, any proceedings to classify certain uses as conforming uses may be initiated either by such application or by the city council or by the city planning commission. An application for a conditional use permit shall be accompanied by payment of a fee as determined by the council in addition to the regular building permit fee, if any.

(b)

Site plan and supplementary graphic or written material shall be provided with the application, containing the following information:

(1)

Name and address of the project/development.

(2)

Location map, including area within one-half mile of the site.

(3)

Name and mailing address of the developer/owner and engineer/architect.

(4)

Date of plan preparation.

(5)

Scale and a north point indicator.

(6)

Boundary line of property with their dimensions.

(7)

Location, identification and dimensions of existing and proposed:

a.

Topographic contours of minimum intervals of two feet.

b.

Adjacent streets and on-street right-of-way.

c.

On-site streets and street right-of-way.

d.

All utility and utility right-of-way easements.

e.

Lighting plan, showing the lighting of parking areas, walks, security lights and driveway entrance lights.

f.

Buildings and structures, including:

1.

Elevation drawings of all proposed buildings and structures with dimensions.

2.

Elevation, height above mean sea level of all floors and roofs, when structure is sited in an area prone to flooding as determined by the city engineer.

3.

Gross square footage of existing and proposed buildings and structures.

4.

Exterior finish materials.

5.

Type of business, proposed number of employees, and times of operations.

g.

All parking facilities.

h.

Water bodies and drainage ditches.

i.

Fences and retaining walls.

j.

Landscape plan, showing size and species of each planting.

k.

On- and off-site traffic flow.

l.

Parking plan.

(8)

Site statistics, including square footage, percentage of coverage, dwelling unit density, and percentage of park or open space.

(9)

Additional or lessor information may be required by the zoning administrator in particular cases.

(Prior Code, § 74-112)

The city planning commission shall hold a public hearing after giving notice of such hearing in the manner provided by law.

(Prior Code, § 74-113)

(a)

The planning commission shall consider to what extent the applicant's plan minimizes possible adverse effects of the proposed conditional use, what modifications to the plan and what conditions of approval could further minimize the adverse effects of the proposed use. The following development standards shall be considered general requirements for all conditional use permits except as hereinafter provided:

(1)

The land area and setback requirements of the property containing such a use or activity meet the minimums established for the district.

(2)

When abutting a residential use, the property shall be screened and landscaped.

(3)

Where applicable, all city, county, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured.

(4)

Signs shall not adversely impact adjoining or surrounding residential uses.

(5)

Adequate off-road parking and loading shall be provided. Such parking and loading shall be screened and landscaped from abutting residential uses.

(6)

The road serving the use or activity must be of sufficient design to accommodate the proposed use or activity, and such use or activity shall not generate such additional extra traffic as to create a nuisance or hazard to existing traffic or to surrounding land use.

(7)

All access roads, driveways, parking areas, and outside storage, service, or sales areas shall be surfaced or grassed to control dust and drainage.

(8)

All open and outdoor storage, sales and service areas shall be screened from view from public streets and from abutting residential uses or districts.

(9)

All lighting shall be designed to prevent any direct source of light being visible from adjacent residential areas or from the public streets.

(10)

The use or activity shall be properly drained to control surface water runoff.

(11)

The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence.

(12)

The proposed water, sewer and other utilities shall be capable of accommodating the proposed use.

(b)

These standards shall be strictly applied unless the city council finds in the particular case that the community safety, health and welfare can as well or better be served by modifying them. Any special requirements applicable to the particular case which are imposed elsewhere in this chapter shall be met in each case.

(Prior Code, § 74-114)

Following the hearing, the city planning commission shall recommend to the city council whatever action it deems advisable, including all recommended conditions on the granting of the conditional use permit.

(Prior Code, § 74-115)

In considering applications for conditional use permits, the city council shall consider the advice and recommendations of the city planning commission and the effect of the proposed use upon the health, safety, morals, comfort, convenience and welfare of the occupants of the surrounding lands, and existing and anticipated traffic conditions, including parking facilities on adjacent sites. The city council may hold whatever public hearings it deems advisable or may return the application to the planning commission for further consideration.

(1)

Approval. If it is determined that the general and special requirements of this chapter will be satisfied by the applicant's plan, the council, by resolution, may grant such permit and may impose conditions relating to the general and special requirements in each case.

(2)

Denial. Conditional use permits may be denied by resolution of the city council. Such resolution shall state the reasons for denial, but may incorporate by reference the minutes and recommendations of the planning commission, staff reports, hearing testimony and any other material relevant to the council's decision.

(Prior Code, § 74-116)

State Law reference— Time limits to approve or deny written requests relating to zoning, M.S.A. § 15.99.

(a)

A conditional use permit may be revoked by resolution of the city council if:

(1)

Initiation of construction or use has not commenced upon the subject property within one year or alternative date set by the city council. Time shall be calculated as beginning on the day the conditional use permit was approved by the city council;

(2)

An existing conditional use ceases operation for a period of one year. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation;

(3)

The conditional use is being operated and maintained in a manner that violates any city, state or federal ordinances, statutes, rules or laws, or does not comply with any conditions of approval of the conditional use permit; or

(4)

The use of the property changes to a permitted or different conditional use in that district.

(b)

The city planning commission shall hold a public hearing prior to the city council action, after giving notice of such hearing in the manner provided by law and sending the property owner notification of the public hearing via registered mail.

(Prior Code, § 74-117)

The city council may require a performance bond or other security, in form approved by the city attorney, to guarantee performance of the conditions in any case where such performance is not otherwise guaranteed. Such security shall be provided prior to the issuance of building permits or initiation of work on the proposed improvements or development and shall be in an amount 1¼ times the approved estimated costs of labor and materials for the proposed improvements or development.

(Prior Code, § 74-118)

Unless otherwise indicated, words used in this division shall be considered as used with their ordinary meaning, but all definitions contained in this chapter shall be applicable in this division, particularly with reference to mining and soil processing. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Excavation means any artificial excavation of the earth, dug, excavated, or made by the removal from the natural surface of the earth of soil, sand, gravel, stone or other matter or made by tunneling or breaking or undermining the surface of the earth, of 500 cubic yards or more.

Land reclamation means the deposition of 500 cubic yards or more of earth materials on a site in such manner as to elevate the grade.

(Prior Code, § 74-136)

(a)

Excavation, deposition and processing of natural earth products regulated in this division shall be permitted only upon issuance of a conditional use permit as provided for in division 2 of this article. The conditional use permit shall be renewed the first January after issuance and every January thereafter for operations to occur beyond the first renewal period. Only that information in the application which is changed from the previous application is required for the annual renewal.

(b)

Conditional use permits may be issued for commercial excavating of natural materials used for building or construction purposes, in any district, subject to the standards and conditions hereinafter set forth. Such permits are required for the purpose of:

(1)

Establishing reasonable and uniform standards and review procedures in the extraction, deposition and processing of sand, gravel, soil, rock and other natural earth products or the impounding of waters;

(2)

Controlling noise, dust, hazards, effects on adjacent property and other related adverse factors in the extraction, deposition and processing of sand, gravel, soil, rock and other natural earth products or the impounding of waters;

(3)

Providing for the restoration of sites in the extraction, deposition and processing of sand, gravel, soil, rock and other natural earth products or the impounding of waters.

(c)

A permit under this division will not be required for the following:

(1)

The excavation, removal or storage of rock, sand, dirt, gravel, clay or other material preparatory to construction of a building thereon pursuant to a duly issued building permit;

(2)

Moving dirt for construction of roads or to provide for surface water drainage as provided on an approved plat;

(3)

Moving dirt for landscaping purposes on a lot already occupied by a residential structure;

(4)

Excavation or dirt removal incidental to construction of sewer and water mains, highway construction or other public projects;

(5)

Minor agricultural excavation or storage or minor conservation work.

(Prior Code, § 74-137)

(a)

Application for a conditional use permit for excavation, deposition, or processing in accordance with this division shall follow the procedure established for conditional use permits in division 2 of this article.

(b)

The applicant shall furnish such information as is required by division 2 of this article, and additionally shall include:

(1)

The true name and address of the applicant, or owner of the property under construction.

(2)

The period of time for which the operation is estimated to continue.

(3)

A full description of the total parcel and the specific area of the parcel in which the applicant intends to conduct the activities for which the permit is requested.

(4)

The purpose of proposed excavation, deposition or processing.

(5)

The estimated quantity of materials to be excavated, extracted, removed from or deposited on the area for which the permit is requested.

(6)

The long-range re-use plans of the applicant for the future development of the area for which the permit is requested.

(7)

The location of public road access and egress to and from the excavation or deposition site and the anticipated primary routing of all vehicles hauling extracted material within one-half mile of the site.

(8)

The topography in the area for which the proposed permit applies. The required surveys shall be prepared by a registered land surveyor or engineer, shall be drawn to a scale of not more than 100 feet to an inch and shall be drawn with contour intervals of not more than two feet or cross section maps on a grid that will accurately show the configuration of the site:

a.

As it exists at the time of application;

b.

As it will appear at the end of the one year permit; and

c.

As it will exist upon completion of the operation.

(9)

Plans for the following shall be submitted indicating how the items shall be established, constructed or provided for at the site:

a.

A source of water, disposal of water and re-use of water.

b.

Test results indicating the exact nature and source of the materials to be extracted, stored, processed or used for fill.

c.

Plans for drainage, erosion control, sedimentation control and dust control.

(10)

A comprehensive re-use plan showing that suitable provision will be made for the restoration of the area so that it will not become a health or safety hazard or a nuisance. Such plan shall include the final elevations, slopes and a plan for the replacement of subsoil and topsoil. Where the city deems it practical and necessary, such plans shall include adjoining related areas where excavations have previously been made and remain under the control of the owner of the land on which the excavation is to be done or under the control of the person or party to do the excavating.

(Prior Code, § 74-138)

(a)

Excavations made to a water-producing depth must meet the following requirements:

(1)

The depth must be such that a permanent water body will be established.

(2)

All banks shall be sloped to the water line at a slope which shall not be steeper than three feet horizontal to one foot vertical.

(3)

All banks shall be sodded or surfaced with a soil of quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least three inches; or approved rip-rapping, where applicable.

(4)

Such topsoil as required shall be planted with trees, shrubs, legumes, or grasses upon the parts of such area where revegetation is possible.

(b)

Excavations not made to a water-producing depth must be graded or backfilled and shall meet the following requirements:

(1)

Such grading or backfilling shall be made with non-noxious, nonflammable, noncombustible solids.

(2)

The graded or backfilled area shall not collect and permit stagnant water to remain there, unless ponding areas are created as part of the re-use plan with a specific function proposed.

(3)

The peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding; and which will minimize erosion due to rainfall.

(4)

Such graded or backfilled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least three inches.

(5)

Such topsoil as required in subsection (b)(4) of this section shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where revegetation is possible.

(Prior Code, § 74-139)

Prior to the granting of a permit or after a permit has been granted, in addition to the special requirements enumerated in this division, the council may require the applicant to whom such permit is issued or the owner or user of the property on which the excavation, deposition, processing or impounding of waters are located, to:

(1)

Fences. Properly fence any pit or excavation;

(2)

Slopes. Slope the banks and otherwise properly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks;

(3)

Drainage. Properly drain, fill or level any pit or excavation, after created, so as to make the pit or excavation safe and healthful as the city council shall determine;

(4)

Containment. Keep any excavation, deposition, or impounded waters within the limits for which the particular permit is granted;

(5)

Transporting materials. Transport material to, from and within one-half mile of the excavation or deposition site, only upon and along such highways, streets or other public ways as the city council shall order and direct;

(6)

Impounded waters. Provide, for the purpose of retaining impounded water, a container of sufficient strength and durability and maintain such container in a safe and proper condition;

(7)

Crushing. Conduct no activities of crushing gravel, rocks or any other materials or substances without first receiving the expressed consent of the city council;

(8)

Hours of operation. All operations shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., except in the case of public emergency such as floods or whenever any reasonable or necessary repairs to equipment are required to be made;

(9)

Setback. Extraction and processing shall not be conducted closer than 50 feet to the boundary of any parcel on which such operations are in process, unless the adjoining parcel is owned or under the control of the mining operator. Excavation and processing shall not be made closer than 50 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavating may be conducted within such limits in order to reduce the elevations thereof in conformity to the existing or platted street, road, or highway;

(10)

Noise. All equipment used for excavation and reclamation and processing shall be constructed, maintained and operated in such manner as to eliminate, as far as is practicable, noises and vibrations which are injurious or substantially annoying to persons living in the vicinity. The use of explosives shall require specific city approval, upon reasonable conditions;

(11)

Dust and dirt. All equipment shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, dust conditions which are injurious or substantially annoying to persons living in the vicinity. All operations shall meet the standards of the state pollution control agency. All access roads on the site operating to public highways, roads, or streets or to adjoining property shall be paved, treated or watered as far as is practicable, so as to minimize dust conditions;

(12)

Progress surveys. Prepare and submit progress surveys of current ground elevations, upon the request of the city council;

(13)

Inspection. At all reasonable times permit the city manager or any designee of the city manager to enter upon any premises, for which an application is pending or issued, for the purpose of making inspection to enforce this division;

(14)

Bond. Post a surety bond, in such form and sum as the city council may require, conditioned to pay the city:

a.

The cost and expense of repairing any highways, streets, or other public ways within the city made necessary by the special burden resulting from hauling and transporting thereon by the applicant in the removal of rock, sand, dirt, gravel, clay or other like material;

b.

The cost and expense expended by the city, in case of abandonment or failure to complete the project specified by the permit, for returning the site to a safe and usable condition, and further, to comply with all the requirements of this division and the particular permit;

(Prior Code, § 74-140)

Accurate weekly records of site operations shall be maintained. Volume of materials in tons or cubic yards shall be recorded in a manner acceptable to the city and shall include the type of materials extracted, processed or deposited. These records shall be available at all times for review and inspection by the city.

(Prior Code, § 74-141)

(a)

Generally. It is unlawful for any person to move a building within the city without first obtaining a conditional use permit. Prior to submission of a request for a conditional use permit to the planning commission and city council, the building inspector must certify compliance with the following:

(1)

The building, after being moved, must be worth at least 50 percent of the cost of a similar new building.

(2)

The city manager or his designee has certified that all sewer, water, and electric bills against the property on which the building in currently located are paid, that all sewer connections have been plugged, all water connections have been disconnected, and all taxes against the property are paid in full, if the site is located in the city.

(3)

The building to be moved complies in all respects with the building code, this chapter, and all other applicable ordinances. The owner of the building to be moved must submit detailed plans showing changes that will be made to the building to the building inspector for review and approval.

(4)

The building to be moved is structurally safe to move without endangering persons or property in the city.

(b)

Application for a conditional use permit. A person seeking issuance of a moving permit must first file an application for a conditional use permit to the planning director. The application must include the following:

(1)

A certificate from the building inspector that the building or structure meets the requirements of the building code.

(2)

The legal description of the premises from which the building is to be moved.

(3)

The legal description of the premises to which the building will be moved.

(4)

A certificate of survey from a registered land surveyor showing the proposed location of the building on the premises to which the building will be moved.

(5)

A rendering showing the proposed:

a.

Grade and elevation as it relates to adjacent lots;

b.

Elevation of the first floor; and

c.

Drainage and fill requirements.

(6)

Photos showing:

a.

All sides of the building or structure; and

b.

The proposed building location.

(7)

The highways, streets, and other property over which the building is proposed to be moved.

(8)

Evidence that the applicant has no charges or fees owing to the city and that all taxes and other charges against the lot to which, and from which, the building is to be moved are currently paid, if the lots are located in the city.

(9)

Evidence, such as a bill of sale, showing that the applicant is entitled to move the building.

(10)

The application fee as established by the city council.

(11)

A bond, letter of credit, or certified check from the property owner for $5,000.00, payable to the city, to ensure that the structure is properly removed from the former property, located on the proposed property, and attached to the foundation in compliance with the permit, building code, and this chapter.

(12)

Any additional information requested by the city necessary to review the conditional use permit request.

(c)

Conditional use permit approval. In reviewing a request for a conditional use permit to allow the moving of a structure, the planning commission and city council shall determine that the following conditions are met:

(1)

That the structure will, in the new location, conform to the general neighborhood character. The following is a nonexclusive list of factors to be considered in determining neighborhood compatibility:

a.

The main entry feature (which should not be the garage door) is prominently placed on the elevation facing the street.

b.

A linear, repetitive streetscape appearance and building facades are avoided by providing variation between the front elevations or through landscaping.

c.

Front yard landscaping plans are submitted and approved and will be completed as part of the project.

d.

The structure is compatible in scale, mass, form and color with adjacent structures and the pattern of the surrounding area.

e.

The actual or apparent height of the structure has been considered in relation to adjoining structures. This is especially applicable where buildings are located very close to each other.

f.

The structure is architecturally compatible.

(2)

Placement of the structure, as well as the structure itself, conforms to all city codes and ordinances.

(d)

Denial. The city council may refuse to issue a conditional use permit to allow the moving of a building into the city if the council finds that:

(1)

Any requirement of any fee or deposit requirement has not been met.

(2)

The building is too large to move, or that no routes are available to be used, without endangering persons or property or seriously inconveniencing traffic in the city.

(3)

The proposed route includes use of private property, and no consent from the owner has been obtained.

(4)

For any reason, persons or property in the city would be endangered by the moving of a building.

(Prior Code, § 74-161)