Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable for a specific period of time. When such circumstances exist, an interim use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required.

The following procedure shall be followed for interim use permit applications:

A.

Application.

1.

The applicant requests the proper form for an interim use permit from the zoning administrator. The application shall contain the following information, unless waived by the zoning administrator:

a.

Names and addresses of the property owner and applicant.

b.

Legal description and local address of the affected property.

c.

Detailed description of the proposed interim use.

d.

Detailed site plan as required in this ordinance, or as requested by the zoning administrator or planning commission.

e.

A statement describing the reasons for the request of the interim use permit.

f.

Applicant's signature, property owner's signature, and the signature of the party owning mineral rights to the property if other than the owner.

g.

Any other information or exhibits as required by the zoning administrator, planning commission, or county board necessary to make findings, recommendations and dispositions on the application.

h.

A statement from utility companies and from the appropriate public agency commenting on the effect of the proposal on utilities and on public facilities.

B.

Application processing.

1.

Upon receipt of the completed application, the zoning administrator shall forward a copy of the completed application and attachments to the planning commission.

2.

The zoning administrator shall place the application for an interim use permit on the agenda for a public hearing at the next meeting of the planning commission. The meeting shall be held within 60 days but not sooner than ten days of the filing of a complete application.

3.

The zoning administrator shall give proper notice of the public hearing in the following manner:

a.

Notice of the time, place and purpose of the public hearing shall be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county at least ten days before the hearing.

b.

Written notice of the time, place and purpose of the public hearing shall be mailed at least ten days but not more than 30 days prior to the hearing to the following:

(1)

All property owners of record for property located in incorporated areas that are within 500 feet of the affected property.

(2)

All property owners of record within one-quarter mile of the affected property, or to the ten properties nearest to the affected property, whichever would provide notice to the greatest number of owners in unincorporated areas.

Exception: mineral and material extraction (section 22.15) and hot mix plant, concrete manufacturing and concrete/bituminous recycling (section 22.29) and related activities in this ordinance have a half-mile notification requirement.

(3)

The affected board of township supervisors and the city council of any municipality within two miles of the affected property.

(4)

Written notice of the time, place and purpose of the public hearing shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing if the affected property is within a shoreland management or recreation river district.

c.

For the purpose of giving mailed notice, the current records on file in the office of the county treasurer shall be deemed sufficient. The failure of any property owner to receive written notice or any defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the notification requirements has been made. Property owners of record shall not include recorded contract for deed vendors.

d.

A copy of the notice and a list of property owners and addresses to which the notice was sent shall be made a part of the record.

4.

The planning commission or delegation thereof shall view the property being considered for an interim use permit prior to the public hearing.

C.

Public hearing.

1.

The planning commission shall hold at least one public hearing on the proposed interim use permit.

2.

The applicant or his representative shall appear before the planning commission in order to answer questions concerning the proposed interim use.

3.

The planning commission and appropriate county staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this ordinance.

4.

The applicant for an interim use permit which, in the opinion of the planning commission, may result in a material adverse effect on the environment, may be requested by the commission to demonstrate the nature and extent of such effects.

5.

An accurate record of all testimony shall be kept by the secretary of the planning commission. This record shall include the names of all persons testifying or otherwise participating in the hearing.

D.

[Considerations.] The planning commission shall consider all facts from all sources prior to submitting a recommendation to the county board relating to this interim use permit or conditional use permit. Its judgment shall be based upon the criteria set below. The interim use permit may be denied by the planning commission if any one of the following considerations cannot be satisfied:

1.

The use proposed is not detrimental to or will not endanger the public health, safety, comfort, convenience or general welfare of the county.

2.

The use proposed will be harmonious with the general and applicable specific objectives of the county's comprehensive land use plan and ordinance.

3.

The use proposed will be designed, constructed, operated and maintained to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area.

4.

The use proposed will not be hazardous or disturbing to existing or future neighboring uses.

5.

The use proposed will be served by essential public facilities and services or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use:

a.

Streets?

b.

Police and fire protection?

c.

Drainage structures?

d.

Refuse disposal?

e.

Water and sewer systems?

f.

Schools?

6.

The use proposed will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

7.

The use proposed does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.

8.

The use proposed will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic on surrounding public thoroughfares.

9.

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

10.

The use proposed will not adversely affect the property values of the surrounding landowners to an unreasonable degree.

E.

Authority to impose conditions.

1.

The planning commission shall recommend any such additional conditions relating to the granting of the proposed interim use as it deems necessary to protect the best interests of the surrounding area and county as a whole or impose conditions to make the interim use request comply with the findings required by the planning commission in section 6B.02.D of this ordinance. Such recommended conditions shall be in writing and included with the permit as guarantees that such conditions or restrictions will be complied with. The conditions may include, but are not limited to the following:

a.

Increasing the required lot size or yard dimensions.

b.

Limiting the height, size or location of the buildings.

c.

Controlling the location and number of vehicle access points.

d.

Increasing the street width.

e.

Increasing the number of required off-street parking spaces.

f.

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

g.

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

h.

Designating sites for open space.

i.

Modification of waste disposal and water supply facilities.

j.

Limitations on kinds of use, operation and hours of operation.

k.

Imposition of operational controls, sureties and deed restrictions.

In no instances shall the planning commission grant or allow variance from any of the requirements of this ordinance.

F.

Time limits.

1.

[Generally.] All proceedings herein shall be conducted in compliance within the time limitations contained in Minn. Stat. § 15.99. Subject to the following exceptions, the county board must make a decision to approve or deny the application within 60 days of the receipt of the completed application by the zoning administrator. Failure to deny an application within 60 days is approval of the request. If an application is denied, the reason for the denial must be stated in writing at the time the application is denied.

a.

The 60-day time limit begins upon the zoning administrator's receipt of a written application containing all information required by law or by a previously adopted rule, ordinance or policy of the county. If the zoning administrator receives a written application that does not contain all required information, the 60-day limit starts over when the application is complete, but only if the zoning administrator has sent notice within ten business days of receipt of the incomplete application telling the applicant what information is missing.

b.

Response to an application meets the 60-day time limit if the county board or zoning administrator can document that the response was sent to the applicant within 60 days of receipt of the completed application.

2.

Extensions. Exceptions to the 60-day time limit include extensions for the following reasons:

a.

State statute, federal law, or court order require a process to occur before final action can take place, and the time periods required by these laws or orders make it impossible to act within the 60-day period. In such cases, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order.

b.

A request requires prior approval from a state or federal agency. In such cases, the deadline of the county board action is extended to 60 days after the required prior approval is granted.

c.

Prior to the end of the initial 60-day period, the planning commission or county board may direct the zoning administrator to extend the time period by up to 60 days by providing written notice of the extension to the applicant. Said notification must state the reasons for the extension and the anticipated length. Additional extensions may be granted if approved by the applicant.

d.

Or as agreed to by the applicant and the planning commission, board of adjustment or county board.

G.

Recommendation and decision.

1.

The planning commission shall make a recommendation to the county board. Upon receipt of the recommendations of the planning commission, the county board shall take action on the interim use permit application.

2.

The county board shall have the option to set and hold a public hearing if deemed necessary and may impose any additional conditions on an approved interim use permit considered necessary to comply with the requirements of this ordinance.

3.

The concurring vote of a majority of the full county board shall be necessary for the approval or denial of an application for an interim use permit.

4.

The board shall make written findings in each case and state the reasons for its decision. Unless otherwise stated, the board shall be deemed to have adopted the findings of the planning commission.

5.

The decision together with any conditions attached shall be filed with the zoning administrator, who shall:

a.

Issue the interim use permit stipulating any conditions approved by the county board. The permit shall be issued for a particular use on a particular tract of land, not to a particular person, unless specified otherwise.

b.

File a certified copy of interim use permit with the county recorder which shall become a part of the title of the property.

c.

Mail written notice of the county board's decision and a copy of the filed permit to the applicant and affected township or municipality where the interim use permit application is located.

d.

Forward copies of all interim use permits affecting recreational rivers or shoreland districts to the commissioner of the department of natural resources within ten days of such action.

6.

The zoning administrator shall maintain a record of all interim use permits issued including information on the use, location and conditions imposed by the county board, time limits, review dates and such other information as may be appropriate.

7.

All decisions of the county board in considering requests for interim use permits as provided by this ordinance shall be final. Any aggrieved person or persons, or any department, board, or commission of the jurisdiction or of the state shall have the right to appeal the decision to the county district court on questions of law and fact. Said appeal shall be made within 30 days after notice of the decision is delivered to the applicant and any other person who attends the public hearing or who otherwise requests notice and provides the zoning administrator with their name and address. Delivery of notice shall be complete upon mailing by first class, United States mail. Any person may waive their right to notice as provided herein.

Whenever an application for an interim use permit has been considered and denied by the county board, the applicant may re-apply for an interim use permit affecting substantially the same property within 45 days of the date of the original interim use denial if, as determined by the planning commission, substantial changes are made to the application. An applicant wishing to re-apply with substantial changes to an interim use application must do so with the zoning administrator. The process for re-applying for an interim use permit shall require the applicant to follow all the procedures required for applying for such permit as specified in this ordinance. An application for an interim use permit affecting substantially the same property shall not be considered again by the planning commission or county board for at least six months from the date of its denial if, as determined by the planning commission, substantial changes are not made to the application. Any subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or county board 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 county board.

Unless a land use permit or a building permit is issued and significant work has been completed within 12 months from the date of permit approval, then such permit shall become null and void, unless a petition for extension of time in which to complete the work has been granted by the county board. An extension of an interim use permit shall be requested in writing and filed with the zoning administrator at least 30 days before the interim use permit is due to become null and void. The request for extension shall state facts showing a good faith attempt to do significant work toward meeting the specifications and conditions of the permit. Said petition shall be presented to the county board for a decision.

A.

Any use permitted under the terms of any interim use permit shall be established and conducted in conformity with the terms of such permit and of any conditions designated in connection therewith. The interim use permit shall remain in effect only so long as the terms and conditions agreed upon are observed.

B.

All conditions within an interim use permit shall be complied with within one year unless otherwise specified.

C.

The county board shall have the authority to revoke an interim use permit when it determines that the terms and conditions of the permit as issued are no longer being complied with. Any deviation from the conditions or uses approved shall be considered reasons for revocation of the interim use permit by the county board at a duly called public hearing. A certified copy of an order of the county board revoking an interim use permit shall be filed by the zoning administrator with the county recorder for record.

A.

An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs:

1.

The date stated in the permit; or

2.

A violation of conditions under which the permit was issued; or

3.

A change in the county's zoning ordinance renders the use nonconforming.

B.

Nothing in this section shall prevent the board from enacting or amending official controls to change the status of conditional uses, including new regulations that are designed to protect the public's safety, health and general welfare.

A.

If a periodic review is imposed as a condition in the granting of an interim use permit, the interim use permit shall be reviewed by the planning commission at a public meeting at least 30 days prior to the expiration of the permit. It shall be the responsibility of the zoning administrator to schedule such public meeting and the owner of the land having an interim use permit shall not be required to pay a fee for said review. If the required review does not occur as provided herein, the interim use permit shall remain in effect until such time as the zoning administrator schedules a public meeting before the planning commission on the issue.

B.

The planning commission shall recommend to the county board whether or not the interim use permit should be renewed and what, if any, additional conditions may be necessary to comply with the provisions of this ordinance.

A.

All uses existing at the time of adoption of this ordinance that now require an interim use permit shall be considered as having an interim use permit which contains conditions which permits the land use and structures as they existed on said date and any enlargement, structural alteration or intensification of use shall require an amended interim use permit as provided for in this section.

B.

Any change involving structural alterations, enlargement, intensification of use or similar change not specifically permitted by the interim use permit issued shall require an amended interim use permit and all procedures shall apply as if a new permit were being issued.

To defray administrative costs of processing requests for interim use permits and required on-site inspections, all applicants shall be subject to the following fees:

A.

A flat sum fee in an amount set annually by the county board.

B.

Additional fees may be charged to the applicant for actual costs incurred by the county for legal, engineering and planning consultant assistance necessary for proper review and consultation to assist the planning commission and county board in its decision-making.