Zoneomics Logo
search icon

Brooklyn Center City Zoning Code

35-220 Special

Use Permits

35-220Special Use PermitsSpecial uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council. The following rules shall govern applications for a special use permit:1)Proceduresa)A "Special Use Permit" application shall be initiated by the owner of the subject property or his authorized agent. The application shall be referred to the Planning Commission for public hearing, study and report and may not be acted upon by the City Council until it has received the recommendation of the Commission, or until seventy-eight (78) days have elapsed from the date of referral of the application without a report by the Planning Commission. The date of referral is defined as the date of the public hearing.b)The applicant or his authorized agent shall fill out and submit to the Secretary of the Planning Commission a "Special Use Permit"application, copies of which are available at the municipal offices, together with a fee in an amount as set forth by City Council resolution. The application shall be filed with the Secretary of the Planning Commission at least fourteen (14) days before the date of the public hearing.c)The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting, provided, however, that the Secretary may, with the approval of the Chairman of the Commission, place the Application on the agenda for a special meeting of the Planning Commission.d)No less than seven (7) days before the date of the hearing, the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to the property owners or occupants of all property within 150 feet (including streets) of the subject property when it is within the R1 or R2 districts; and to the property owners or occupants of all property within 350 feet (including streets) of the subject property when it is within any district other than R1 or R2. The failure of any such owner or occupant to receive such notice shall not invalidate the proceedings hereunder.e)The Planning Commission shall report its recommendation to the City Council not later than sixty (60) days following the date of referral to the Commission.f)The application and recommendation of the Planning Commission shall be placed on the agenda of the City Council within eighteen (18) days following the recommendation of the Planning Commission, or in the event the Commission has failed to make a recommendation, within seventy-eight (78) days of the date of referral to the Commission.g)The City Council shall make a final determination of the application within forty-eight (48) days of the recommendation by the Planning Commission, or in the event the Commission has failed to make any recommendation, within one hundred and eight (108) days of the date of referral to the Commission.h)The applicant or his agent shall appear at each meeting of the Planning Commission and of the City Council during which the application is considered. Furthermore, each applicant shall provide for the Commission or the City Council, as the case may be, the maps, drawings, plans, records, or other information (see Section 35-230, Plan Approval) requested by the Commission or the City Council for the purpose of assisting the determination of the application.i)The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.2)Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met:a)The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.b)The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.c)The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.d)Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets.e)The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.3)Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith.4)Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time.5)Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit"application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one year following the date of abandonment.