This title shall be administered and enforced by the council and its duly authorized representatives. (Ord. 1098, 11-8-2004)

A site plan shall accompany all requests for rezoning, conditional use permit, or variance regardless of whether or not any structures are proposed to be located on the property. Such site plan shall include the following information at the minimum in addition to those requirements set out in subsection 10-15J-8A of this title (other information may be required in other portions of this title): (Ord. 1098, 11-8-2004; amd. 2008 Code)

   A.    Property boundary (accompanied by boundary survey).

   B.    Topographic data (if structures are proposed).

   C.    North arrow and scale.

   D.    Location of any proposed structure on the lot.

   E.    All pertinent dimensions (lot, building and setbacks).

   F.    Street names.

   G.    Location and, when requested, dimensions of adjacent existing buildings within three hundred feet (300') of the property line. (Ord. 1098, 11-8-2004)

   A.    Purpose: From time to time, amendments to this title cause uses and structures to become lawfully nonconforming. This may create uncertainties for owners and operators of lawfully nonconforming uses and structures as to their rights and obligations and complexities for the city in monitoring and enforcing this code with respect to such uses. To address these uncertainties and complexities, the city council, sitting as a board of adjustments and appeals, by majority vote, may grant nonconforming use certificates for lawfully nonconforming uses and structures, impose reasonable conditions in the nonconforming use certificates, and authorize accessory uses not currently on the property to be placed thereon in the future.

   B.    Application For Certificate: Either an owner may apply, or the city may initiate or require an application for a nonconforming use certificate for a use and/or a structure. The application shall include at least the following:

      1.    The address and legal description of the use or structure;

      2.    The nature of the nonconformity with specific reference to the provision of this code or other circumstance which caused the nonconformity;

      3.    Evidence that the use or structure existed as a legal use prior to the effective date hereof or other circumstance which caused the nonconformity;

      4.    Evidence that the use or structure has been continuously used and maintained in its nonconforming state from the time the nonconformity was caused to the date the application was filed;

      5.    If the use is a prohibited use listed in section 10-13E-7 of this title, the information required under subsection 10-13E-8B of this title; and

      6.    Other information as requested by the city.

   C.    Application And Procedure: The application for a nonconforming use certificate shall be filed with the planning division for scheduling before the planning commission and city council. The city council and the planning commission may hold a public hearing on the nonconforming use certificate if they deem it necessary or advisable. Where the planning commission or city council shall determine that a public hearing is necessary or advisable, the application, public hearing, and notice requirements for nonconforming use certificates shall be the same as for amendments set forth in section 10-3-5 of this chapter.

   D.    Referral To Planning Commission: Before granting any nonconforming use certificate, the request therefor shall be referred to the planning commission for review concerning whether the use is a legally nonconforming use and for its recommendation to the city council in connection with the request. If no recommendation is timely made, the council may act without the recommendation of the planning commission. The planning commission may recommend such conditions related to the nonconforming use certificate as it may deem advisable to make clear the rights and obligations of the city and the owner. The council shall approve or deny the application within the time established by Minnesota statutes section 15.99.

   E.    Approval Or Denial Of Certificate:

      1.    The planning commission may recommend to approve, approve with conditions, or deny a request for a nonconforming use certificate. The city council, sitting as the board of adjustments and appeals, by majority vote, may deny or approve a nonconforming use certificate, impose conditions therein, and authorize therein accessory uses not currently on the property to be placed thereon in the future. The planning commission, in making a recommendation, and the city council, in acting upon a request for a nonconforming use certificate, shall consider the following factors:

         a.    Whether under this title the use or structure is nonconforming and how it is nonconforming; and

         b.    Whether the use or structure was lawful prior to the change in this title, which caused it to become nonconforming.

      2.    If the city council finds that a use or structure is not a lawful nonconforming use, the city council shall deny the application, and the use shall be terminated immediately or altered to make it conforming, or the structure shall be altered to make it conforming. Failure to terminate or alter the use to make it conforming shall be a violation of this title.

   F.    Record Of Certificate: If the city council grants a nonconforming use certificate, the owner shall record the certificate with the county recorder and provide evidence of recording to the city. (Ord. 1098, 11-8-2004)

   A.    Authority: The council may grant variances from the strict application of the provisions of this title and impose conditions and safeguards in the variances so granted where practical difficulties or undue hardships result from carrying out the strict letter of the regulations of this title.

   B.    Application And Procedure: Application for a variance shall be filed with the planning division for scheduling before the planning commission and city council. The council and planning commission may hold a public hearing on the variance request if they deem it necessary or advisable. Where the planning commission or city council shall determine that a public hearing is necessary or advisable, the application, public hearing, notice and procedure requirements for variances shall be the same as for amendments set forth in section 10-3-5 of this chapter. The city council shall act upon the application within the time limits established by Minnesota statutes section 15.99.

   C.    Referral To Planning Commission: Before authorization of any variances, the request therefor shall be referred to the planning commission for study concerning the effect of the proposed variance upon the comprehensive guide plan and on the character and development of the neighborhood and for its recommendation to the council in connection with such request. The planning commission shall make its recommendation after the request is referred to it, and if no recommendation is made within that time, the council may act without the recommendation. The planning commission may recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. (Ord. 1098, 11-8-2004)

   D.    Approval Or Denial Of Variance:

      1.    a. The planning commission may recommend to approve, approve with conditions, or deny a request for a variance. The city council may deny or approve such variances and impose conditions and safeguards therein. In making its recommendation, the planning commission shall consider the following factors and the city council, in acting upon a request for a variance, shall only grant a variance if the applicant demonstrates to the city council that the following factors have been met:

            (1)    That circumstances exist that are special and unique to the structure or land under consideration and such circumstances do not apply generally to other land or structures in the district in which the subject structure or land is located.

            (2)    That the granting of the application will not be contrary to the spirit and intent of this title and the comprehensive plan.

            (3)    That the granting of such variance is necessary as a result of a demonstrated undue hardship and will not merely serve as a convenience to the applicant. Undue hardship means that all of the following circumstances exist:

               (A) The subject property cannot be put to a reasonable, beneficial use unless the variance is granted.

               (B) The plight of the landowner is due to circumstances unique to the subject property not created by the landowner.

               (C) The variance, if granted, will not alter the essential character of the locality.

            (4)    That economic considerations alone do not constitute an undue hardship if reasonable beneficial use for the subject property exists under the terms of this title.

         b.    Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.

         c.    A variance shall be granted for earth shelter construction as defined in Minnesota statutes section 216C.06, subdivision 14 when such construction and variance are in harmony with this title.

         d.    A variance may not permit any use that is not permitted under this title for property in the zone where the affected person's land is located.

         e.    A variance may permit the temporary use of a one-family dwelling as a two-family dwelling.

         f.    The council may impose conditions in the granting of a variance to ensure compliance and to protect adjacent properties.

         g.    Approval of a variance shall require a majority of the city council present. (Ord. 1221, 11-8-2010)

      2.    The council may deny variances, and such denial shall constitute a finding and determination that the conditions required for approval do not exist.

   E.    Violation; Termination Of Variance: A violation of any condition set forth in granting a variance shall be a violation of this title and also automatically terminates the variance.

   F.    Lapse Of Variance: A variance shall become void two (2) years after it was granted unless made use of within two (2) years or such longer period as the council, within two (2) years, may provide. The city council may grant a single one year extension, the request for which must be submitted to the city planning division at least sixty (60) days prior to the date upon which the variance would become void. (Ord. 1098, 11-8-2004)

   A.    Authority; Vote Required: The provisions of this title may be amended by majority vote of the entire council, and amendments changing the boundaries of any zoning district or changing the regulations of any existing district may be approved by a majority vote of the entire council, except that all the following rezonings shall require a four-fifths (4/5) vote of the entire council:

 

(Ord. 1098, 11-8-2004)

   B.    Initiation: Proceedings for amendment of this title shall be initiated by:

      1.    A petition of seventy five percent (75%) or more of the owners in the area subject to the proposed amendment;

      2.    A recommendation of the planning commission; or

      3.    By action of the council.

   C.    Application For Amendment: All applications for amendment which are initiated by the petition of seventy five percent (75%) or more of the owners in the area subject to the proposed amendment shall be filed with the clerk, and if the application involves the changing of zoning districts and boundaries thereof, the application shall be accompanied by an abstractor's certified property certificate showing the property owners within three hundred fifty feet (350') of the outer boundaries of the property in question. When the application is initiated by the owners of one hundred percent (100%) of the property, the council may waive the requirement of the abstractor's certified property certificate. The application shall be forwarded to the planning commission by the clerk. (Ord. 1098, 11-8-2004; amd. 2008 Code)

   D.    Public Hearing; Notice And Procedure:

      1.    The planning commission shall hold at least one public hearing affording an opportunity for all parties interested to be heard and shall give not less than ten (10) days' notice nor more than thirty (30) days' notice of the time and place of such hearing published in the designated official newspaper for the city. Such notice shall also contain the description of the land and the proposed change in zoning. At least ten (10) days before the hearing, the clerk shall mail an identical notice to the owners and to each of the property owners within three hundred fifty feet (350') of the outside boundaries of the land proposed to be rezoned. If the property is to be rezoned from A agricultural, E-1 estate or E-2 estate, the individual notice shall be mailed to each of the property owners within one thousand feet (1,000'). Failure of the clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings. The council may waive the above notice requirements in connection with a citywide zoning initiated by the planning commission or council.

      2.    The planning commission shall hold said public hearing after the rezoning request has been received and there has been sufficient time to mail and publish the required notices.

      3.    The planning commission shall make a written report to the council stating its findings and recommendations. A copy of the planning commission's report to the council shall be mailed to the applicant.

   E.    Referral To Planning Commission: The council shall not amend this title or rezone any land or area in any zoning district or make any other proposed amendments to this title without having first referred it to the planning commission for their consideration and recommendation.

   F.    Action By Council: The council shall approve or deny the application within the time limits set forth in Minnesota statutes section 15.99.

   G.    Effect Of Denial: The denial of a rezoning or ordinance text amendment application by the council shall constitute a finding and determination that the proposed rezoning is not in the best interest of the physical development of the city. No application for rezoning which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said denial. (Ord. 1098, 11-8-2004)

   A.    Authority: When a use is not specifically listed as permitted, conditional or accessory in the nonresidential use chart found in section 10-6-2 of this title, the zoning administrator shall make a determination of substantially similar use. If the zoning administrator concludes that the use has a substantial similarity to other uses listed in the nonresidential use chart of said section 10-6-2, the use determined to be substantially similar shall have the same zoning classification as the use to which it was determined to be similar.

   B.    Application For Determination: Any person may initiate an application for determination of substantially similar use. The application shall include at least the following:

      1.    The address and legal description of the property upon which the use in question is proposed to be located.

      2.    Written consent of the landowner to conduct the proposed use on the landowner's property.

      3.    A written detailed description of the nature and activities associated with the use in question.

      4.    A cover letter specifically requesting the city to determine the proposed use to be substantially similar to one or more allowed uses listed within the same zoning district as the proposed use.

      5.    An escrow deposit for the city attorney's time to review the application. The amount of the escrow shall be as established in subsection 10-3-8B of this chapter.

      6.    Other information as requested by the zoning administrator.

   C.    Consideration: When determining whether the proposed use is substantially similar to other uses found in section 10-6-2 of this title, the zoning administrator shall consider the following factors:

      1.    Traffic generation.

      2.    Access.

      3.    Deliveries.

      4.    Parking.

      5.    Impervious surface coverage.

      6.    Number and type of employees.

      7.    Intensity of use.

      8.    Outside storage.

      9.    Hours of operation.

      10.    Noise, vibrations, etc.

      11.    Function.

      12.    Exterior use.

      13.    Size of property.

      14.    Size and scale of building(s) and improvements.

      15.    Comments from surrounding property owners. Prior to making a decision on the substantially similar use determination, the zoning administrator shall solicit comments on the request from property owners surrounding the site upon which the determination of a substantially similar use has been requested. This shall be done in the form of a letter that explains the request and asks for comments to be submitted within ten (10) days.

   D.    Further Review By Board Of Adjustments And Appeals: At the zoning administrator's discretion, the application may be referred to the board of adjustments and appeals to make a determination. If referred to the board of adjustments and appeals, notification and hearing procedures shall be the same as set forth in section 10-3-5 of this chapter.

   E.    Appeal: If the zoning administrator makes a determination of substantially similar use without referring it to the board of adjustments and appeals, the applicant may appeal the decision to the board of adjustments and appeals. Prior to a decision by the board of adjustments and appeals, the planning commission shall consider the matter and make a recommendation on the substantially similar use request.

   F.    Decision: If the zoning administrator makes the decision on whether a proposed use is substantially similar to one listed in section 10-6-2 of this title, a letter clarifying the findings of the zoning administrator shall be kept on file for future reference. A copy of the letter shall be forwarded to the planning commission and city council for informational purposes within ten (10) working days of the determination. A letter of notification shall also be mailed to the surrounding property owners who were asked for comments under subsection C of this section. If the board of adjustments and appeals makes the decision on the application, a copy of the meeting minutes shall be kept on file for future reference.

   G.    Limitations: The procedures and regulations found in this section shall only apply to those uses found in the nonresidential use table found in section 10-6-2 of this title. (Ord. 1098, 11-8-2004)

   A.    Board Of Adjustments And Appeals:

      1.    Established; Composition; Records: A board of adjustments and appeals is hereby established for the city. The board of adjustments and appeals shall consist of the city council. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order.

      2.    Duties: The board shall act upon all questions as they may arise in the administration of this title, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by the Zoning Administrator.

   B.    Appeals:

      1.    Authority: An appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the City.

      2.    Hearings; Planning Commission Review: Prior to acting upon an appeal, the Board shall hold a public hearing. The notice provisions shall be the same as set forth in section 10-3-5 of this chapter. The Board shall not make any decision on the appeal until the Planning Commission has had a reasonable opportunity to review the appeal and forward a recommendation to the Board.

      3.    Decision: The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. The reasons for the Board's decision shall be stated. The decision of the Board shall be final. (Ord. 1098, 11-8-2004)

   A.   Fees Required: Application fees required to be paid for a land use approval (such as a rezoning, variance, conditional use permit) must be paid at the time of application. Said fees shall be as established in subsection B of this section. In addition, the applicant shall reimburse the City for all attorney, planning and engineering costs and other professional consultant costs incurred by the City in reviewing and processing the application.

   B.   Fee Amounts and Escrow Deposit: The city may require that applicants deposit in escrow with the city, together with the application filing fees, the sums required by the city toward prepayment of the attorney, planning and engineering costs. The prepayment amounts shall be a credit toward the fees for the attorney, planning and engineering and other professional consultant fees to be reimbursed by the applicant. All such fees, if not paid by the escrow, shall be paid by the applicant within sixty (60) days of final action on the matter by the city council. If such fees are less than the escrowed amount, such escrow will be returned to the applicant within sixty (60) days of the final action on the matter by the city council. The following escrow amounts shall be deposited, together with land use approval applications:

 

(Ord. 1098, 11-8-2004; amd. 2008 Code; Ord. 1359, 12-10-2018, eff. 1-1-2019; Ord. 1376, 12-9-2019; Ord. 1392, 12-14-2020; Ord. 1420, 12-13-2021; Ord. 1440, 12-12-2022; Ord. 1467, 1-1-2024; Ord. 1487, - -2024)

   A.    Definitions: For purposes of this section, the following terms have the meanings given:

    GROSS ACRES: The total acres within a plat, subdivision, or parcel. Gross acres do not include outlots within a plat that are intended to be replatted at a later date into developable lots.

   NORTHWEST AREA: That certain geographic area within the City of Inver Grove Heights, defined, established, and referred to as the Northwest Area Overlay District pursuant to chapter 13, article J of this title.

   B.    Purpose And Intent:

      1.    Minnesota Statutes section 462.353, subd. 4 allows municipalities to prescribe fees sufficient to defray the costs incurred in the review, investigation, and administration of subdivision applications. The City has incurred costs while preparing studies and analyses in the Northwest Area, an area of approximately three thousand one hundred forty (3,140) acres. These studies include:

         a.    "Natural Resource Inventory and Management Plan for the Northwest Area", prepared by Bonestroo, Rosene, Anderlik & Associates, dated January 2004.

         b.    "Northwest Quadrant Hydrologic & Hydraulic Analysis", prepared by Emmons & Olivier Resources, dated February 2004.

         c.    "Northwest Expansion Area Alternative Urban Area-Wide Review (AUAR)", prepared by Bonestroo, Rosene, Anderlik & Associates, dated January 2006.

         d.    "2005 Basin Monitoring", prepared by Emmons & Olivier, dated April 2006. "Inver Grove Heights Northwest Area Low Impact Development - Overflow Contingencies and Cost Analysis", prepared by Emmons & Olivier Resources, dated July 2006.

         e.    "Northwest Area Surface Water Modeling Report", prepared by Emmons & Olivier Resources, dated August 2006.

      2.    These studies and analyses provide direct benefit to subdividers in the Northwest Area. These studies and analyses were necessary and advisable in order to review, investigate, and administer applications for subdivision within the Northwest Area. But for the City having prepared these studies and analyses, the subdividers in the Northwest Area would, in all likelihood, have had to prepare the studies themselves. The costs incurred by the City in performing the above studies was at least three hundred seventeen thousand three hundred eighty two dollars ($317,382.00).

      3.    The purpose and intent of this section is to establish fees to reimburse the City for its costs in performing these studies and analyses.

   C.    Fee Established; Payment: A fee of eighty dollars ($80.00) per gross acre, to be known as the Northwest Area Environmental Studies fee, is hereby established, imposed and required to be paid by all applicants for subdivision in the northwest area. The northwest area environmental studies fee shall be paid by the applicant when an application is submitted to the city for approval of a final plat in the northwest area. (Ord. 1171, 12-10-2007)

The violation of any provision of this title or the violation of the conditions or provisions of any permit issued pursuant to this title shall be a misdemeanor, and upon conviction thereof, the violator shall be subject to a fine, imprisonment or both. Unless otherwise provided, each act of violation and every day on which such violation occurs or continues constitutes a separate offense. (Ord. 1098, 11-8-2004)

In order to give the district use regulations of this title the flexibility necessary to achieve the objectives of the comprehensive guide plan, in certain districts conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district but which may, under some circumstances, be suitable. When such circumstances exist, a conditional 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 permit shall be issued for a particular use and not for a particular person or firm. The cancellation of a permit shall be subject to the same public hearing, procedure and notice requirements as set forth in section 10-3-5 of this chapter for amendments. (Ord. 1098, 11-8-2004)

Except as otherwise provided in this article, the application, public hearing, notice and procedure requirements for conditional use permits shall be the same as those for amendments set forth in 10-3-5 of this chapter. (Ord. 1098, 11-8-2004)

Application for a conditional use permit shall contain a completed city application with the number of copies as specified by the planning division with as much of the information detailed in the following plans as the planning division deems necessary:

   A.    Site development plan:

      1.    Lot dimensions and area including north arrow and scale.

      2.    Location of all existing and proposed easements.

      3.    Location of all buildings including both existing and proposed structures.

      4.    Dimensions of proposed and existing structures.

      5.    Location of all adjacent buildings located within one hundred feet (100') of the exterior boundaries of the property in question.

      6.    Existing and proposed setbacks for all buildings and impervious areas.

      7.    Location and number of existing and proposed parking spaces with dimensions.

      8.    Vehicular circulation with curb cut and driveway locations and dimensions.

      9.    Location and type of all proposed exterior lights.

   B.    Floor plan and architectural elevations of proposed buildings, additions, and changes to existing structures.

   C.    Sanitary sewer and water plan with estimated use per day.

   D.    Grading, drainage and erosion control plan:

      1.    Existing contours (within 100 feet of exterior boundaries).

      2.    Proposed grading elevations.

      3.    Drainage configuration, including general surface flow directions.

      4.    Storm sewer catch basins and invert elevations.

      5.    Erosion control measures.

      6.    Drainage calculations when required by the director of public works.

      7.    Spot elevations.

   E.    Landscape plan:

      1.    Location of all existing trees, type, diameter, and which trees will be removed.

      2.    Location, type and diameter of all proposed plantings.

      3.    Location and material used of all screening devices.

   F.    Legal description of property under consideration.

   G.    Proof of ownership of the land for which a conditional use permit is requested.

   H.    Provide an abstractor's certificate of the names and addresses of the owners of property within three hundred fifty feet (350') of the boundaries of the property under consideration. (Ord. 1098, 11-8-2004)

At the time a conditional use permit application is submitted to the city, a site plan review application shall also be submitted pursuant to the terms of chapter 15, article J of this title. (Ord. 1098, 11-8-2004)

   A.    The planning commission may recommend to approve, approve with conditions or deny a request for a conditional use permit. In making a recommendation, the planning commission shall consider the following provisions. If the planning commission does not make a recommendation in a timely fashion, the council may act without the recommendation. The city council may grant a conditional use permit as the use permit was applied for, or in modified form, and impose conditions and safeguards therein, if it determines the following:

      1.    The use is consistent with the goals, policies and plans of the city comprehensive plan, including future land uses, utilities, streets and parks.

      2.    The use is consistent with this code, especially this title and the intent of the specific zoning district in which the use is located.

      3.    The use would not be materially injurious to existing or planned properties or improvements in the vicinity.

      4.    The use does not have an undue adverse impact on existing or planned city facilities and services, including streets, utilities, parks, police and fire, and the reasonable ability of the city to provide such services in an orderly, timely manner.

      5.    The use is generally compatible with existing and future uses of surrounding properties, including:

         a.    Aesthetics/exterior appearance.

         b.    Noise.

         c.    Traffic.

         d.    Drainage.

         e.    Fencing, landscaping and buffering.

         f.    Other operational characteristics.

      6.    The property is appropriate for the use considering:

         a.    Size and shape.

         b.    Topography.

         c.    Vegetation.

         d.    Other natural and physical features.

         e.    Access.

         f.    Traffic volumes and flows.

         g.    Utilities.

         h.    Parking, setback, lot coverage and other zoning requirements.

         i.    Emergency access, fire lanes, hydrants, and other fire and building code requirements.

      7.    The use does not have an undue adverse impact on the public health, safety or welfare.

      8.    The use does not have an undue adverse impact on the environment, including, but not limited to, surface water, ground water and air quality.

   B.    Approval of the conditional use permit shall require a four- fifths (4/5) vote of the entire council. The council shall either approve or deny the conditional use permit application within the time limit established by Minnesota statutes section 15.99. (Ord. 1098, 11-8-2004)

   C.    Within the I-2 district only, modifications to the previously approved site plan of an approved conditional use permit shall be allowed by administrative review subject to the following procedural requirements:

      1.    Plan review will be in accordance with established procedures on file with the planning department including the coordinated review by other city departments and divisions as determined by the zoning administrator.

      2.    Administrative approval including all applicable conditions and requirements shall be made in writing by the zoning administrator. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.

      3.    Any unresolved dispute as to administrative interpretation of this code, this title, or policy requirements may be formally appealed pursuant to this title.

      4.    Any variance proposal will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of section 10-3-4 of this chapter.

      5.    Any new use not approved under the existing conditional use permit and is classified as a conditional use in the corresponding zoning district, shall require the entire application to be processed in accordance with the requirements for conditional uses in this article.

      6.    The zoning administrator may waive or modify data submission application requirements if the zoning administrator determines previously made submissions for the property substantially address the information needed to evaluate the requested modifications. (Ord. 1322, 10-10-2016)

   A.    In making its findings for the issuance or denial of a conditional use permit, the city council may require the preparation of an environmental assessment worksheet (EAW), environmental impact statement (EIS) or any special studies it deems necessary or advisable in order to provide more factual or detailed information on which to base approval, denial or mitigating condition of a conditional use permit. Said special studies may include, but not be limited to: traffic, utilities, engineering, economics, potential health hazard, groundwater, air quality, wetlands or similar matters. With respect to studies for potential health hazard, a human health risk assessment in conformance with chapter LIV of the city administrative code may be required.

   B.    The reasonable cost of the preparation of an EAW, EIS or other special study, as required by the city council, shall be borne by the conditional use permit applicant. Where an EAW, EIS or other special study has been ordered by the council, no final action on the conditional use permit request shall occur until completion of the study as required. Failure by the applicant to finance or provide for special studies and corresponding information required by the city council may be sufficient reason to deny a request for a conditional use permit. (Ord. 1098, 11-8-2004)

   A.    A conditional use permit shall become void two (2) years after being granted by the city council unless it is used prior to the expiration of said two (2) year period. An extension of the two (2) year period may be requested subject to the following procedure:

      1.    At least ninety (90) days prior to the expiration date of the conditional use permit, the applicant shall submit to the city council a written request for a time limit extension, stating the reasons for the extension request.

      2.    Upon receipt of the extension request, the city council may either:

         a.    Act upon the request; or

         b.    Refer the matter to the planning commission for further study.

      3.    If the extension request is referred to the planning commission, that body shall conduct an informal review to determine if changes have occurred in the area which would warrant a new public hearing or denial of the time extension request. The planning commission shall subsequently make a recommendation to the city council suggesting approval of the time extension, denial of the time extension, or recommending that the property owner reapply for a new conditional use permit, thus initiating a new public hearing. In the event that the planning commission recommends denial of the time extension, or submittal of a new application for a conditional use permit, the reasons for such a determination shall be stated.

      4.    A maximum of one time limit extension may be requested for any previously approved conditional use permit. Said time limit extension shall be valid for only one year from the day of the month that the original conditional use permit was approved.

   B.    Upon expiration of the time limit extension, the property owner may resubmit a new request for a conditional use permit, subject to all procedures and fees in effect at the time of submittal. (Ord. 1098, 11-8-2004)

A violation of any condition set forth in a conditional use permit shall be a violation of this title and also automatically terminate the conditional use permit. (Ord. 1098, 11-8-2004)