(A)

In granting a conditional use permit, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan upon the health, safety, morals and general welfare of occupants of surrounding lands.

(B)

Among other things, the City Council shall make the following findings, where applicable:

(1)

The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area;

(2)

The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land;

(3)

The structure and site shall have an appearance that will not have and adverse effect upon adjacent residential properties;

(4)

The use, in the opinion of the City Council, is reasonably related to the overall needs of the city and to the existing land use;

(5)

The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use;

(6)

The use is not in conflict with the comprehensive plan of the city;

(7)

The use will not cause traffic hazard or congestion; and/or

(8)

Adequate utilities, access roads, drainage and necessary facilities have been or will be provided.

(Ord. 164, passed 9-14-1982)

(A)

In permitting a new conditional use or the alteration of an existing conditional use, the City Council may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the City Council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:

(1)

Increasing the required lot size or yard dimensions;

(2)

Limiting the height, size or location of buildings;

(3)

Controlling the location and number of vehicle access points;

(4)

Increasing the street width;

(5)

Increasing the number of required off road street parking spaces;

(6)

Limiting the number, size, location or lighting of signs;

(7)

Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property; and

(8)

Designating sites for open spaces.

(B)

The Zoning Administrator shall maintain a record of all conditional use permits issued including information on the use, location and conditions imposed by the City Council, time limits, review dates and other information as may be appropriate.

(Ord. 164, passed 9-14-1982)

The following exhibits shall be required unless waived by the Planning Commission:

(A)

Abstractor's certificate showing property owners and addresses within 350 feet of the outer boundaries of the property in question;

(B)

A boundary survey and preliminary building and site development plan; and

(C)

Evidence of ownership or enforceable option on the property.

(Ord. 164, passed 9-14-1982)

The procedure for obtaining a conditional use permit is as follows.

(A)

The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her situation, learn the procedures and obtain an application form.

(B)

The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a filing fee as established by ordinance of the City Council.

(C)

The Zoning Administrator shall transmit the application to the Planning Commission and shall notify all property owners within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive the notification shall not invalidate the proceedings.

(D)

The Zoning Administrator shall set the date for a public hearing and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.

(E)

The Planning Commission shall hold the public hearing and then shall study the application to determine what additional requirements may be necessary to reduce the adverse effects and recommend one of three actions, which are approval, denial or conditional approval.

(F)

The Planning Commission shall often transmit findings, its recommendation to the City Council for its official action.

(G)

The City Council shall take appropriate action on the request for a conditional use permit after receiving the recommendations by the Planning Commission. If it grants the conditional use permits, the City Council may impose conditions, including time limits, it considers necessary to protect the public health, safety and welfare and conditions may include a time limit for the use to exist or operate.

(H)

Where a conditional use permit has been issued pursuant to the provisions of this chapter, the permits shall become null and void without further action by the Planning Commission or the City Council unless work thereon commences within six months of the date of granting the conditional use. The conditional use permit shall not be assignable. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than six consecutive months.

(I)

In the event that the applicant violates any of the conditions set forth in the permit, the City Council shall have authority to revoke the conditional use permit.

(A)

Purpose. The purpose and intent of an interim use permit is:

(1)

To allow a use for a period of time while permanent location is obtained or constructed; or

(2)

To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future; or

(3)

To allow a temporary (conditional) use that is reflective of anticipated long range change to an area that is in compliance with the Comprehensive Plan, provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the performance standards of this Code; or

(4)

To provide a mechanism for allowing changes to a nonconforming use of property contingent upon a plan for cessation of said nonconforming use within a specified period of time.

(B)

Information requirement and procedure. The information required and the procedure to be followed for all interim use permit applications shall be the same as that required for a conditional use permit as provided for in this Section.

(C)

Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:

(1)

The date stated in the permit;

(2)

Upon violation of conditions under which the permit was issued;

(3)

The rezoning of the property upon which it is located to a permitted use.

(D)

General standards. An interim use permit shall comply with the following:

(1)

Conform to the applicable general building and performance requirements of Chapter 153 of this Code.

(2)

The use is allowed as an interim (conditional) use in the respective zoning district;

(3)

The date or event that will terminate the use can be identified with certainty.

(4)

The use will not impose additional unreasonable costs on the public;

(5)

The user agrees to any conditions that the City Council deems appropriate for permission of the use. Said conditions shall be set forth in a development agreement between the property owner and the City which agreement shall be recorded with the Houston County Recorder or Registrar of Deeds.

(E)

Conditions of approval. In permitting a new interim use permit or amending an existing interim use permit, the Planning Commission may recommend and the City Council may impose, in addition to the standards and requirements expressly specified by this Code, additional conditions that the Planning Commission or City Council consider necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not limited to the following:

(1)

Increasing the required lot size or dimensions;

(2)

Limiting the height, size or location of buildings;

(3)

Controlling the location and number of vehicular access points;

(4)

Increasing the street width;

(5)

Increasing the number of required off-street parking spaces;

(6)

Limiting the number, size, location and lighting of signs;

(7)

Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.

(F)

Violations. Any violation of any provision of the foregoing regulations is a misdemeanor and convictions thereof punishable in accordance with the laws of the State of Minnesota. The zoning authority of the City may charge violations as petty misdemeanors, which upon conviction are punishable according to the laws of the State of Minnesota.

After two nuisance or Code violation complaints have been made and verified with written notice to the holder of the interim use permit, a public hearing may be called within 60 days of the last complaint to reconsider revoking the interim use permit.

In the event a violation is charged as a misdemeanor or petty misdemeanor the City may, nevertheless based upon the same violation(s) institute proceedings for the revocation of an interim use permit and conversely the initiation or revocation proceedings shall not preclude charging violation(s) as a misdemeanor or as a petty misdemeanor.

(G)

Revocation. An interim use permit may be revoked if:

(1)

The property is found to be in violation of the conditions listed in the interim use permit; or

(2)

If access to the property for purposes of making an inspection is refused to the Zoning Administrator or his/her designee. The same process established for granting the interim use permit shall be followed when considering revocation of an interim use permit.

(Ord. 164, passed 9-14-1982; Ord. of 2-1-2011(1), § I, 2-1-2011)