1. Purpose and intent. The development and execution of this division is based upon the division of the city into districts within which the regulations are specified. It is recognized, however, that there are special or conditional uses which, because of their unique characteristics, must be considered individually as to their impact upon neighboring land, and the public welfare and their compatibility at the particular location. To provide for these needs the city council may by resolution approve a conditional use permit for those uses and purposes listed and may impose conditions and safeguards in such permits to ensure that the purpose and intent of this division is carried out.
2. Application requirements. An application signed by the landowner for a CUP shall be filed with the zoning administrator together with a filing fee as established by the city council. Such application shall be accompanied by the following information:
   1. A site plan drawn to scale which shows all dimensions; the location of existing and proposed streets, buildings and parking; the existing and proposed building height and floor area; curb cuts and driveway locations; utilities; loading areas and lighting.
   2. A drainage plan showing existing and proposed topography and slopes and how surface drainage will be handled.
   3. A landscape plan as specified in section 30-456.
   4. Building plans showing elevation drawings and floor plans.
   5. A written description of the use to be made of the property and buildings including the number of employees, students, etc.
   6. Any other information, which in the opinion of the zoning administrator, is required to evaluate the application and its consistency with the city comprehensive plan.
3. Waiver authority. The zoning administrator shall have the authority to waive any of the information in subsection (b) of this section not deemed to be necessary and appropriate to evaluate the application.
4. Hearing and mailed notices. The zoning administrator shall cause to be published a notice of the public hearing before the planning commission in the official newspaper at least ten days prior to the hearing date. Notices shall also be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days prior to the hearing. Failure to give such notice or defects or errors in the notice shall not invalidate the proceedings, provided a good faith attempt to comply with notice requirements was made.
5. Planning commission review and recommendation. The planning commission shall conduct a public hearing on the application and make its recommendation with findings and conditions to the city council within 60 days of receipt of the planning commission's recommendation, to approve or deny the CUP. The council shall not approve a CUP unless it shall find that the establishment, maintenance and operation of the use:
   1. Will not be detrimental to the public health, safety, morals or general welfare;
   2. Will not cause undue traffic congestion or hazards and will not result in a parking shortage;
   3. Will not be injurious to the use and enjoyment or result in a decrease in value of other property in the area;
   4. Will not impede the orderly development of other property in the area;
   5. Will not impose an excessive burden on parks and other public facilities and utilities;
   6. Is consistent with the comprehensive plan.
   Approval shall require a majority vote of the city council.
6. Conditions and restrictions. The city council may impose such conditions and restrictions as it deems necessary on the establishment, location, construction, maintenance, operation and duration of the use to ensure compliance with the requirements of this division.
7. Resubmission. No application which has been denied by the city council shall be resubmitted by the applicant for a period of one year following the date of denial by the city council.
8. Lapse and extension. If within one year after the date of issuance the use for which the CUP was issued has not commenced, the CUP shall become null and void. If the applicant requests an extension in writing within one year after issuance, the city council shall conduct a public hearing and consider an extension utilizing the same notice procedures as required for the original application. The city council may extend the CUP for up to one year upon finding that:
   1. A good faith effort has been made to use the permit;
   2. There is reasonable expectation that there will be uses; and
   3. The facts upon which the original permit was issued are essentially unchanged.
9. Periodic review. If periodic review is imposed as a condition of a CUP, the CUP shall be reviewed at a public hearing prior to the expiration of the review period. It shall be the responsibility of the zoning administrator to schedule the public hearing and inform the owner of the review. A fee shall not be required to be paid.
10. Revocation. If any person is found in violation of any condition or restriction imposed by the city council, the city may revoke such CUP utilizing the procedures established in this division.
11. Special considerations for shoreland areas. The following additional evaluation criteria and conditions apply within shoreland areas:
    1. Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure:
       1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction;
       2. The visibility of structures and other facilities as viewed from public waters is limited;
       3. The site is adequate for water supply and on-site sewage treatment; and
       4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
    2. Conditions attached to conditional use permits. The city council, upon consideration of the criteria listed in subsection (k)(1) of this section and the purposes of this division, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are not limited to, the following:
       1. Increased setbacks from the ordinary high water level;
       2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
       3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.

(Code 1978, § 23.5(I); Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)

State Law reference— Conditional use permits, Minn. Stat. § 462.3595.

The following uses or any expansion of an existing use requiring a CUP shall require the issuance by the city of a CUP. Each such use shall comply with these stated conditions.

1. Manufactured home parks. Manufactured home parks have special characteristics which require the full consideration of their location needs, layout and design, and their relationship to and effect upon surrounding land uses. Because of these characteristics, manufactured home parks are permitted within the R-2, SR-2, R-3, SR-3, R-4, SR-4, LB, SLB, MU and SMU districts subject to all of the following conditions:
   1. Site development requirements.
      1. Location. The site shall have at least one property line abutting an arterial or collector street as defined by the city comprehensive plan.
      2. Minimum site area: Ten acres.
      3. Minimum lot width: 200 feet.
      4. Minimum yards:
         1. External front side and rear yards: 25 feet. Where a mobile home park abuts an R-1, SR-1, R-1a or SR-1a district, the required external yard shall be at least 50 feet.
         2. Manufactured home parks located in shoreland districts shall also be subject to additional shoreland management regulations,
      5. Maximum lot coverage of 35 percent.
   2. Internal park development requirements.
      1. Spacing. There shall be no less than 20 feet between detached units in all directions. Attached units shall meet the requirements of the building code.
      2. No manufactured home shall be located closer than ten feet to a side or rear lot line, nor closer than twenty feet to the front lot line.
      3. Maximum building height: 20 feet.4. Utilities. All units shall be connected to the municipal sewer and water systems.
      4. Streets and walks. Each unit shall have direct access to a public or private street having a width of 32 feet and a paved surface with concrete curb and gutter. A walkway not less than 30 inches wide shall be constructed from the entrance of each unit to all required service facilities within the park.
      5. Anchors. All manufactured homes shall be secured by a ground anchoring system which conforms to Minnesota Statutes 327.32, Subd. 6, as may be amended.
      6. Skirting. Skirting shall be provided along the entire perimeter of the mobile home and hitch assembly. Skirting shall be of an approved construction material, texture and color which shall be compatible with the mobile home unit and shall be constructed in a manner which provides access for inspections if they should be necessary.
      7. Landscaping shall be required as specified by section 30-594.
      8. Parking. Each manufactured home lot shall have off-street parking space for two passenger vehicles. At least one of the parking spaces shall be located upon the lot and shall be set back at least five feet from the side lot line. Remaining spaces shall be in a group parking area located no further than three hundred feet from the units for which they are designated. All parking spaces shall be hard surfaced according to city specifications and designed to the requirements of section 30-596.
      9. Garbage receptacle. At least one metal or plastic garbage can with a tight fitting cover shall be provided for each unit. Garbage cans shall be located no further than 100 feet from any mobile home, and the can shall be kept in sanitary conditions at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans shall not overflow.
      10. Porches and entries. Front porches and/or entries may be constructed adjacent to manufactured homes in an approved manufactured home park. These structures shall meet the following requirements:
          1. Maximum size six feet by ten feet.
          2. The enclosure shall not be used for living quarters.
          3. The enclosure shall not cause a violation of the lot setback, dimension or the specified distance between mobile homes.
      11. Accessory buildings. Accessory buildings, including garages, shall be limited to two per manufactured home lot. Maximum allowable floor area shall not exceed 12 percent of the lot where lot size is delineated by site plan or lot markers. Maximum height of accessory buildings is 15 feet.
          1. Accessory buildings shall only be located in side or rear yards.
          2. Accessory buildings shall not be located within any utility easements.
          3. Accessory buildings shall be located at least six feet from any other structure on the same lot and at least ten feet from a structure on an adjacent lot.
      12. These provisions shall not prevent the owner of a manufactured home park from establishing additional standards and policies above the requirements of this section.
   3. Park design and operational requirements.
      1. Underground utilities. All utilities, including TV cables, telephone and electrical service, shall be underground unless otherwise approved by the city.
      2. Manufactured home park grounds shall be lighted from sunset to sunrise in a manner approved by the city council and such that the maximum illumination as measured at property lines shall be one foot candle.
      3. Screening. Along the edges of a mobile home park, walls, fences or vegetative screening shall be provided where such park abuts an R district. Screening shall be not less than five nor more than six feet in height and shall provide 90 percent opacity.
      4. A private area shall be established, constructed and maintained within the manufactured home park for passive or active recreation use such as, but not limited to, children's play equipment, sport courts, swimming pools, golf green, or golf green. The size of the private recreation area shall be at least five percent of the total site.
      5. Surface storm water drainage. All manufactured home parks shall be well drained and located so that the drainage of the park area will not endanger any water supply according to the requirements of Minnesota Statutes § 327.20(1), as may be amended.
      6. Manufactured home parks shall prepare for city council approval an emergency preparedness plan which complies with the requirements of Minnesota Statutes § 327.20(1).
      7. Dead storage and additional parking. All manufactured home parks shall provide a screened area set aside for dead storage and overload parking. All boats, boat trailers, hauling trailers and equipment not stored within manufactured homes or accessory buildings shall be stored in this area as outdoor storage on individual manufactured home lots is not allowed.
      8. Sales prohibited. Commercial manufactured home sales shall not be permitted within the mobile home park unless specifically approved by the city council. Such approval may be subject to special conditions to ensure compatibility with the operation of the mobile home park. This provision shall not prohibit the selling of an individual manufactured home which is affixed to a manufactured home stand and otherwise complies with all provisions of this section.
      9. A resident manager shall be required at the manufactured home park and the city shall be kept informed of his or her name, address and phone number.
      10. A manufactured home park may be developed as a planned unit development, following the provisions of section 30-809, to provide for a more creative and flexible response to site conditions and nature resources.
          State Law reference— State law references: Manufactured home parks as conditional uses, Minn. Stat. § 462.357, subd. 1b.
2. Recreation facility, commercial-outdoor. Recreation, commercial-outdoor uses are subject to the following conditions:
   1. All improvements shall conform to setback requirements for principal buildings in the district.
   2. No structure shall exceed 25 feet in height.
   3. Proposed facility shall be compatible with surrounding uses.
   4. No facilities are closer than 50 feet to an R district boundary.
3. Interim use of buildings. The city may, in accordance with CUP procedures and subject to the required findings (refer to section 30-531(e)), allow existing buildings to be occupied by uses not permitted by this article for a period not to exceed one year. Up to two one-year extensions may be allowed but if all or any part of the building, or land upon which it is located, is disposed of or transferred to another owner by deed or lease agreement, all interim uses shall cease and the land shall thereafter be used in accordance with district requirements.
4. Mining of sand and gravel. Mining of sand and gravel, including temporary borrow areas, in areas not subject to the provisions of the mining overlay district as defined in section 30-704 and for a duration not exceeding two years are subject to the following conditions:
   1. State law compliance. All uses shall comply with applicable state laws.
   2. Additional Information. In addition to the application requirements identified in section 30-531(b), the following information shall be required:
      1. An end use plan showing all uses of land, access, hazard control, future ownership intent, etc.
      2. An operations plan identifying the number and routing of trucks, hours of operation, the amount of material to be excavated annually, phasing, the number of years of expected operation, the location of buildings and equipment, and the levels of noise, dust and vibration that can be expected at all property lines and how these will be mitigated.
      3. A written plan for reclamation of the affected area detailing:
         1. The nature and extent of the reclamation.
         2. Method and schedule for restoration and measures to control erosion during and after the work.
         3. A topographical map or plat of the proposed excavation or filling showing the limits of the proposed work together with the existing and proposed finished elevations based on sea level datum.
         4. The method of controlling drainage both during the proposed work and the final drainage plan.
         5. The estimated quantity of excavation or fill material.
         6. Type of material to be utilized.
         7. Signature of the applicant, verifying that the application is made with the express approval of all owners of the land.
         8. Protection of water resources. No material shall be used for reclamation which will have a detrimental effect on ground or surface water quality.
         9. Financial guarantee. The city may require a bond or letter of credit in such form and amount as it shall determine to cover the expense of restoring any land reclamation site to a reasonable condition. Such guarantee shall, if required, be made a condition of obtaining a CUP.
   3. Fencing required. The property shall be properly fenced to prevent trespass.
   4. Maintenance. The operation shall be maintained in a neat and orderly fashion so as to prevent injury to any single property, to any individual or to the community in general.
   5. Compliance. The approved plan shall govern the operation and any departure thereafter shall constitute a violation warranting revocation of the CUP.
   6. Financial guarantee and insurance. The applicant shall post a bond or a letter of credit in an amount required by the city. The applicant shall also file with the city a liability insurance policy or certificate of insurance issued by the company authorized to do business in the state in the amount of $200,000.00 per person and $600,000.00 per accident and at least $50,000.00 for property damage.
   7. Temporary borrow areas shall be subject to the following:
      1. The applicant shall specify the volume of material intended to be excavated or processed for the specified road or maintenance project.
      2. The following provisions shall apply to the entry and re-entry to the borrow area site and to the establishment, operation, and care of any borrow area site:
         1. All final slopes shall be maintained at a slope not to exceed 3:1, unless the naturally occurring slope is steeper than 3:1, in which case final slopes shall not be steeper than the original natural slope.
         2. The tops of all banks shall be rounded to conform to the surrounding topography.
         3. Those borrow areas which are reclaimed for purposes of a Minnesota Department of Natural Resources Wildlife Management area and/or wetland mitigation to enhance wildlife habitat. Borrow areas reclaimed for these purposes may have areas left unvegetated to enhance wildlife habitat.
5. Junk and salvage operations. Junk and salvage operations are subject to the following conditions:
   1. Minimum site area: One acre.
   2. Fencing. All activities shall be enclosed within a wall or fence at least eight feet in height so as to screen the site from surrounding property. Such fence shall be of sound construction and shall be properly maintained.
   3. Yards. All activities shall have a front setback of not less than 50 feet. A yard abutting an R district shall be at least 100 feet in width.
6. Senior housing with services (7 or 8 people). Senior housing with services uses allowing between seven and eight residents in RR, SRR, R-1, SR-1, R-1a, SR-1a, R-2 and SR-2 zoning districts are subject to the following conditions:
   1. State law compliance. All uses shall comply with applicable state laws.
   2. Licensing. The facility must be licensed by the State of Minnesota for eight or fewer persons. The conditional use permit application shall include verification of said licensing.
   3. Additional Information. In addition to the application requirements identified in section 30-531(b), the following information shall be required:
      1. The required site plan elements described in section 30-351(b)1 shall be expanded to include:
         1. The location of structures, access routes and landscaping features on properties adjacent to the subject property.
         2. The existing landscaping features of the subject property.
      2. Current and projected daily, weekly and monthly traffic patterns, including staff, customer and number, type, and timing of commercial deliveries to the subject property.
      3. Estimated on-site parking demands of the subject property, with necessary detail provided within the site plan required in 30-531(b)1 as to the size, number and location of on-site parking stalls.
   4. Landscaping/Screening. Additional landscaping and or fencing may be required to diminish or alleviate potential adverse visual effects of the proposed use.
7. Jail, detention center and juvenile detention center subject to the following conditions:
   1. The maximum number of beds is limited to eight (8).
   2. The facility must be certified by the Department of Corrections.
8. Essential service structure (within any residential zone or CBD) subject to the following conditions:
   1. Structures shall be architecturally designed to be compatible with adjacent uses.
   2. No paved parking areas are allowed.
9. Retail general sales and service (greater than 70,000 square foot building footprint) subject to the conditions identified in Division 14 of this article.
10. Telecommunication towers subject to the conditions identified in Division 15 of this article.

(Code 1978, § 23.5(J); Ord. No. 05-06-12, 6-27-2005; Ord. No. 06-03-01, 3-13-2006; Ord. No. 06-03-02, 3-27-2006; Ord. No. 07-03-06, § 2(Exh. A), 3-27-2007)