The purpose of a conditional 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 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.

Prior to filing a formal application for a conditional use permit as hereinafter provided, a prospective applicant may present a sketch plan to the zoning administrator for review. The procedures for sketch plan review are found in section 9-3 of this Appendix E.

Pursuant to Minn. Stats. § 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

(1)

Request for conditional use permits, as provided within this Appendix E, shall be filed with the zoning administrator on an official application form, with the submittals as specified in article [section] 9-7 of this Appendix E, at least 30 days in advance of the meeting at which it will be first considered. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. Such application shall also be accompanied by five large-scale (at least 22 inches by 34 inches) copies, one reduced-scale (11 inches by 17 inches) copy of site plans, and written and graphic materials fully explaining the proposed change, development, or use. The zoning administrator may waive or alter any of the submittal requirements of article [section] 9-7 of this Appendix E or as specified above, if not applicable to a project. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator shall notify the applicant, in writing, within 15 business days of the date of submission.

(Ord. No. 445, § 2, 10-7-2009)

(2)

Upon receipt of said application as determined by staff review and following staff analysis of the application and request, the zoning administrator shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing, report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten days prior to the hearing. Written notification of said hearing shall be mailed at least ten days prior to all owners of land within 350 feet of the boundary of the property in question.

(3)

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

(4)

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

(5)

The planning commission shall consider possible effects of the proposed conditional use permit. Its judgment shall be based upon, but not limited to, the following factors:

a.

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.

b.

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

c.

The use or structure housing the use will be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area.

d.

The use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

e.

The proposed use conforms with the general performance standards contained herein, the conditional use performance standards found in section 4-5 of this Appendix E, and the Code.

f.

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

g.

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

h.

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

(6)

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 Appendix E. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(7)

Unless excused by the zoning administrator, the applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.

(8)

The planning commission shall make findings 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 Appendix E. Such recommendation accompanied by the report and recommendation of the city staff, shall be entered in, and made part of the permanent written record of the city council meeting.

(9)

The city council shall not grant a conditional use permit until the planning commission has held a public hearing on the request. The public hearing shall be held open until the city council takes action on the application. The city council shall act upon the conditional use permit within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to Minn. Stats. § 15.99.

(10)

Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall make recorded findings of fact and may impose any condition it considers necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In determining whether to attach such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic, and other negative characteristics of such uses. Such conditions may include, but are not limited to:

a.

Controlling the number, area, bulk, height, or location of such uses.

b.

Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

c.

Governing off-street parking and loading areas above and beyond what is required by articles 19 and 20 of this Appendix E.

d.

Controlling the availability and placement of utilities.

e.

Requiring berming, fencing, screening, landscaping, or other facilities to protect nearby property above and beyond what is required by article 21 of this Appendix E.

f.

Ensuring compatibility of appearance with neighboring properties.

(11)

Subject to limitations of Minn. Stats. § 15.99, if, upon receiving said report and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council may 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 record detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

(12)

Approval of a request shall require passage by a four-fifths vote of the city council.

(13)

Whenever an application for a conditional use permit has been considered and denied by the city council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the planning commission or city council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or city council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the city council.

(14)

If a request for a conditional use permit or modification of a conditional use permit receives approval by the city council, the applicant shall record such with the Hennepin County Recorder's Office within 30 days of the city council approval date. The applicant shall furnish the city written proof within ten days of recording. No building permits for the property in question shall be granted until such written proof of recording is furnished to the city.

The information required for all conditional use permit applications shall be as specified in section 9-7 of this Appendix E.

As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not be limited to, the following performance standards and criteria:

(1)

The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right-of-way shall be provided.

(2)

The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with article 19 of this Appendix E and the design standards.

(3)

If determined applicable by the zoning administrator, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

(4)

Adequate off-street parking and off-street loading shall be provided in compliance with articles 19 and 20 of this Appendix E and the design standards.

(5)

Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, as provided in compliance with articles 19, 20, and 21 of this Appendix E.

(6)

Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with articles 21 of this Appendix E and the design standards.

(7)

General site screening and landscaping shall be provided in compliance with articles 21 and 22 of this Appendix E and the design standards.

(8)

All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts, and shall be in compliance with section 16-5 of this Appendix E.

(9)

Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to insure compliance with section 16-9 of this Appendix E.

(10)

The site drainage system shall be subject to the review and approval of the city engineer.

(11)

The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a negative influence. All building and site design in the applicable areas of the city shall be subject to the design standards.

(12)

Provisions shall be made for litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with sections 16-3 and 18-5 of this Appendix E.

(13)

All signs and informational or visual communication devices shall be in compliance with article 24 of this Appendix E and the design standards.

(14)

The use and site shall be in compliance with any federal, state or county law or regulation that are applicable and any related permits shall be obtained and documented to the city.

(15)

Any applicable business licenses mandated by the Code are approved and obtained.

(16)

The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.

(17)

The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated.

(18)

Additional stipulations. All conditions pertaining to a specific site are subject to change when the city council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.

No conditional use shall be allowed within R, Residential districts when the proposed conditional use did not exist on January 1, 1998, and is proposed to exist on a parcel that is adjacent to a parcel with an existing conditional use of the same type as proposed. Adjacent, for purposes of this section, means abutting a parcel or would be abutting a parcel save for an intervening public right-of-way. In addition, no conditional use shall be allowed to expand its use to include a parcel of property that was combined after January 1, 1998, with the parcel of property where the existing conditional use is permitted. Notwithstanding the provisions of this section, nothing shall preclude the issuance of a conditional use permit when such is mandated by the state or federal law.

In a community which traces its history back as far as Excelsior, there may be certain buildings or structures which exhibit features of design and construction of unique historical value. Preservation of such buildings or structures should be encouraged, yet it is recognized that the uses for which such buildings or structures were originally designed may not continue to be feasible, practical, or economical. Therefore, to promote the preservation of such buildings or structures, certain additional uses may be permitted with a conditional use permit as provided for in article 4 of this Appendix E and under conditions hereinafter specified.

(1)

The building or structure must have been designated by city, state, or federal historical authority for inclusion in a register of historic places.

(2)

The permitted conditional use shall be limited to use and occupancy as professional and executive offices, restaurants, or as a bed and breakfast consistent with the provisions of article 32 of this Appendix E.

(3)

The use shall be confined solely to the building or structure and shall not be extended to any other portion of the lot or parcel of land upon which the building or structure is located. The building may be expanded, but only in keeping with the architectural integrity of the historic structure, as approved through the conditional use permit.

(4)

The use shall be permitted only if the use will not change the essential character of the building or structure; the exterior design features will be maintained; the interior design features will be only minimally disrupted.

(5)

The lot or parcel of land upon which the building or structure is located must have access to collector streets.

(6)

Signs on the structures shall be limited to name plate signs only, not greater than six square feet per occupant.

(7)

The city council shall be empowered to impose such additional limitations and restrictions on the conditional use of the property as may be necessary and in accordance with the terms of this Appendix E.

(8)

In the event an application for conditional use permit is made pursuant to this article by the owner or property designated as having historical significance, and after public hearings, if a conditional use is granted:

a.

One of the conditions of the use shall be that the applicant, their successors and assigns shall waive the right to subsequently demolish the structure unless the city council, on a four-fifths vote, grants approval to raze the structure.

b.

A second condition shall be that the owner shall grant to the city the right to enter upon the premises for the purpose of preserving and protecting the exterior of the structure and the historic significance and to charge against the property as a special assessment all costs incurred in the protection of the same.

The planning commission may recommend, and the city council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this Appendix E, city codes, or other applicable regulations. The city council or planning commission shall initiate an application and the zoning administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to section 4-3 of this Appendix E. The zoning administrator shall provide the responsible person a copy of the proceedings and findings of the planning commission and city council.

The planning commission, city council, or holders of a conditional use permit may propose modifications to the permit at any time. no changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior written approval of those changes by the city. Proposed permit modifications shall be classified as major or minor, as determined by the zoning administrator. Minor permit modifications may include change in ownership or slight changes to the site plan or structures, as determined by the zoning administrator. Major permit modifications may include, but shall not be limited to, hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed as follows:

(1)

Minor permit modifications.

a.

Additional qualifications. In addition to other considerations noted above, minor permit modifications shall meet the following criteria:

1.

Sites shall be in nonresidential zoning districts, and shall not abut any residential zoned property.

2.

All sites must be a legal lot of record at the time of application.

3.

All applications for permit modification shall be complete and in full accordance with the requirements of section 9-7 of this Appendix E. All applicable fees shall be paid.

4.

All permit modification proposals shall meet or exceed the standards of all applicable codes, ordinances, and policies and shall be free of any major variances from those standards.

5.

Only applications for pre-existing, pre-approved uses explicitly classified as conditional uses within the respective zoning districts of this Appendix E are eligible for administrative approval.

b.

Procedure. Administrative approval of minor permit modifications shall be subject to the requirements of article 2 of this Appendix E.

c.

Recording. All minor permit modifications shall be recorded subject to the requirements of subsection 4-3(14) of this Appendix E.

(2)

Major permit modifications.

a.

Qualifications. Any permit modification not classified or qualifying as minor shall be classified as major.

b.

Procedure. Major permit modifications shall be processed according to section 4-3 of this Appendix E and shall be subject to all requirements and standards of this Appendix E.

Unless the city council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this Appendix E shall expire without further action by the planning commission or the city council, unless the applicant commences the authorized use within one year of the date the conditional use permit is issued; or, unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by city council resolution. The request for extension shall state facts showing why the recipient of the permit cannot commence the use permitted in the conditional use permit within one year. All such requests shall be considered by the city council and shall only be granted upon a finding by the council of exceptional circumstances that could not reasonably have been anticipated at the time the permit was issued.

(Ord. No. 507, § 1, 12-2-2013)

Prior to city council consideration of a conditional use permit request, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in section 9-10 of this Appendix E.

Prior to approving an application for a conditional use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the conditional use permit application relates.