Subd. 1. Categories of Conditional Use.

(Source: Ordinance No. 22-2017, 12-21-2017)

A.

Historic Properties.

1.

Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.38 of this chapter, or are listed in the National Register of Historic Places. The intent of this section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic, retail, restaurant, personal service and office establishments. The conditional uses listed in this section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character, uses and activities in the Rural or Park and Open Space district. In order to accomplish such purposes, the following provisions relating to the issuance of conditional use permits are adopted.

2.

Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, are limited to historic properties situated within an R-Rural District or a Park and Open Space District.

3.

Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted retail or office use in the Office or Commercial Zoning Districts. Examples include: restaurants, bakeries, cafes, delicatessens, coffee houses, ice cream parlors, bed and breakfasts, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or retail stores or shops.

4.

Duration of Permits. A Historic Properties conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Any Historic Properties conditional use permit that contains an expiration date shall be automatically extended in accordance with this paragraph.

B.

Wireless Support Structures.

(Source: Ordinance No. 22-2017, 12-21-2017)

1.

Policy and Purpose. The City desires high quality wireless services to accommodate the needs of City residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless support structures and small wireless facilities can create, especially in the public right-of-way in single-family residential areas. The City discourages the installation of new or replacement wireless support structures in the public right-of-way in single-family residential districts, preferring instead that small wireless facilities be collocated on existing structures. Recognizing, however, that the provision of high quality wireless services may not be feasible without the installation of new or replacement wireless support structures in single-family residential districts, the following provisions relating to the issuance of conditional use permits are adopted. The conditional uses listed in this section must be reviewed by the Planning Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and compliance with the conditions set forth in this section.

2.

Areas Where Conditional Use Permits May Be Granted. Conditional use permits for the installation of new or replacement wireless support structures for the siting of small wireless facilities in the public right-of-way may be granted in rights-of-way located within or abutting the R-1 One Family Residential Districts.

3.

Duration of Permits. A Wireless Support Structure conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed.

(Source: Ordinance No. 20-2023, 12-14-2023)

Subd. 2. Standard for All Conditional Use Permits. A conditional use permit may be granted subject to the City Council making the following findings:

(Source: Ordinance No. 22-2017, 12-21-2017)

A.

The land subject to the conditional use permit shall abut on a public street.

B.

The land subject to the conditional use permit is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection and schools or will be served adequately as a result of improvements proposed as part of the conditional use.

C.

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

D.

The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.

E.

If the conditional use permit is granted the structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties.

F.

The conditional use will not cause traffic hazard or congestion.

G.

Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics.

H.

The conditional use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare.

I.

The land subject to the conditional use permit shall meet the requirements of Section 11.47, Site Plan and Architectural Design Review. No conditional use permit shall be approved until a Site Plan and Architectural Design Plan has been approved.

J.

The use must comply with Chapter 11 requirements for the district in which the property is located.

K.

No conditional use permit for a similar type of use has been revoked in the previous ten (10) years.

L.

The conditional use is consistent with the City's Comprehensive Guide Plan provisions relevant to the land.

(Source: Ordinance No. 20-2023, 12-14-2023)

Subd. 3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this section. The following criteria must be met in each of the following categories of conditional use:

A.

Historic Properties. To be considered eligible for a historic properties conditional use permit, properties must be in conformance with the following:

1.

Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted.

2.

Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places.

3.

The property is adequately sized to meet the proposed use.

4.

In conformance with all applicable building and fire codes and ADA requirements.

5.

In conformance with all State and County health regulations.

6.

One (1)sign is permitted not to exceed thirty-two (32) square feet, and six (6) feet in height.

7.

Site improvements meet the City's historic preservation standards and guidelines.

8.

Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission.

9.

If an application is reviewed by the Heritage Preservation Commission, and approved by the City Council, applicant shall receive a conditional use permit. Applicant shall obtain a Heritage Preservation Site Alteration Permit pursuant to this chapter.

B.

Wireless Support Structures. To be considered eligible for a Wireless Support Structure conditional use permit, the proposed new or replacement wireless support structure must be in conformance with the following:

1.

The wireless support structure shall be located at least six hundred (600) feet from any existing wireless support structure or public utility structure.

2.

The height of the new or replacement wireless support structure shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the zoning district, whichever is less.

3.

The wireless support structure will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area.

4.

The design of the wireless support structure shall comply with the following City's design requirements:

a.

At all sites, the design of all wireless support structures and facilities shall use materials, colors, textures, screening, and landscaping that blends the structures and facilities into the natural setting and building environment.

b.

No signage or other identifying markings of any nature shall be permitted upon any wireless support structures and facilities except in accordance with City Code Section 11.70.

c.

Such other design requirements as are developed from time to time by the City Planner and/or the Director of Public Works and maintained as an official document in printed or electronic form in the records of the City Clerk.

5.

The wireless support structure shall have no associated ground-mounted wireless mechanical equipment except an electrical meter if such meter is necessary for the operation of a small wireless facility to be placed on the wireless support structure.

6.

The applicant for the conditional use permit shall comply with all requirements of Section 6.03 including, but not limited to, obtaining a right-of-way permit, obtaining a small wireless facility permit, and entering into a Standard Small Wireless Collocation Agreement with the City, as appropriate.

7.

Placement of the wireless support structure shall comply with generally applicable and reasonable health, safety, and welfare regulations consistent with the City's management of the public right-of-way.

8.

Applications for conditional use permits shall be reviewed by the Planning Commission.

Subd. 4. Procedure.

(Source: Ordinance No. 22-2017, 12-21-2017)

A.

An application for a conditional use permit shall be in writing signed by (1) the owner of the land for which the conditional use permit is sought, in the case of a Historical Properties conditional use permit, or (2) the person who wishes to install the new wireless support structure, in the case of a Wireless Support Structure permit. The application shall be made on forms provided by the City and shall include all information requested. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time.

B.

A public hearing on an application for a Wireless Support Structure conditional use permit shall be held before both the Planning Commission and the Council. A public hearing on a Historic Properties conditional use permit shall be held before both the Heritage Preservation Commission and the Council.

C.

Notice of the public hearing shall be mailed at least ten (10) days before the day of the hearing to each owner of property situated within 500 feet of the property to which the conditional use permit relates. For the purposes of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision 4.B has been made.

D.

An application for a conditional use permit may not be acted upon by the Council until it has received the recommendation of the Planning Commission or Heritage Preservation Commission, as applicable, or until 60 days have elapsed from the date of referral to the Planning Commission or Heritage Preservation Commission.

Subd. 5. Amendment to Conditional Use Permit. Amendments to any condition contained in an approved conditional use permit may be made only in accordance with the procedures applicable to the initial application as contained in Subdivision 4.

(Source: Ordinance No. 22-2017, 12-21-2017)

Subd. 6. Revisions and/or Changes to Site or Construction Plans.

(Source: Ordinance No. 22-2017, 12-21-2017)

A.

Historic Properties. Any revisions and/or changes to site, remodeling, or construction plans after a Historic Properties conditional use permit has been granted shall require approval by the City Planner and comply with Section 11.38, Subdivision 8 criteria. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council.

B.

Wireless Support Structures. Any revisions and/or changes to site or construction plans after a Wireless Support Structure conditional use permit has been granted shall require review and approval by the City Planner. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council.

Subd. 7. Expiration of Conditional Use Permit. Unless otherwise specified by the Council at the time it is approved, a conditional use permit shall expire if substantial development or construction has not taken place within one (1) year of the date of approval, unless a petition for a time extension has been granted by the Council. The extension request shall be submitted in writing at least thirty (30) days prior to expiration of the conditional use permit and shall state facts showing a good-faith effort to complete work permitted under the original approval.

Subd. 8. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore.

(Source: Ordinance No. 14-2002, 5-30-02; Ordinance No. 30-83, 7-22-1983)

Subd. 9. Suspension or Revocation of Conditional Use Permit. The City Council may suspend for a specified period of time or revoke a conditional use permit upon the failure of the owner or a tenant to comply with the provisions of this Code, the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the owner and tenant, if any, and a hearing. The notice must provide at least ten (10) days' notice of the time and place of the hearing and must state the nature of the charges against the owner and/or tenant. The notice must be mailed to the owner, and tenant, if any. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the persons and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The hearing of a contested case may be before the City Council or held in accordance with Minnesota Statutes Section 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to Minnesota Statutes Section 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions.

(Source: Ordinance No. 20-2023, 12-14-2023; Ordinance No. 22-2017, 12-21-2017)