Laketown Township City Zoning Code
CONDITIONAL AND
INTERIM USE PERMITS
§ 152.245 APPLICATION.
(A) Prior to submission of a CUP or IUP application, the person applying for a CUP or IUP shall submit a concept plan and meet with the Department to discuss the application. Through the pre-application, the Department may summarize the informational requirements and issues related to the specific CUP or IUP request. The person applying for a CUP or IUP shall submit an application to the Department. The applicant shall demonstrate compliance with the requirements for the CUP or IUP and shall include on the application all information required by the Department.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
§ 152.246 HEARING REQUIRED.
The Planning Commission shall hold a public hearing in conformance with § 152.285 on all applications for a CUP or IUP.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
§ 152.247 CONSIDERATION OF ADVERSE EFFECTS.
(A) The Planning Commission and staff shall consider possible adverse effects of the proposed conditional or interim use and what additional requirements may be necessary to reduce adverse effects.
(B) Its judgment shall be based upon (but not limited to) the following factors:
(1) Relationship to county plans;
(2) The geographical area involved;
(3) Whether such use is a permitted conditional or interim use within the zoning district;
(4) The character of the surrounding area;
(5) The demonstrated need for the use;
(6) Whether the proposed use would cause undue odors, dust, flies, vermin, smoke, gas, noise or vibration or would impose hazards to life or property in the neighborhood;
(7) Whether the use would inherently lead to or encourage disturbing influences in the neighborhood;
(8) Whether stored equipment or materials would be screened and whether there would be continuous operation within the visible range of surrounding residences. The availability of other more suitable locations; and
(9) The duration of the proposed interim use.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
§ 152.248 RECOMMENDATIONS FOR CONDITIONS.
(A) The Planning Commission shall consider conditions relating to the granting of the CUP or IUP as it deems necessary to carry out the intent and purpose of this chapter or may recommend that the request be denied. Recommendation and any conditions shall be supported by written findings.
(B) The conditions may include, but are not limited to, the following:
(1) Increasing the required lot size or yard dimension;
(2) Limiting the height, size or location of the buildings;
(3) Controlling the location and number of vehicle access points;
(4) Increasing the street width;
(5) Increasing the number of required off-street parking spaces;
(6) Limiting the number, size, location or lighting of signs;
(7) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property;
(8) Designating sites for open space;
(9) Modification of waste disposal and water supply facilities;
(10) Limitations on kinds of use and operation;
(11) Imposition of operational controls, sureties, and deed restrictions;
(12) Requirements for construction of channel modifications, dikes, levees, and other protective measures;
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
§ 152.249 TIME OF RECOMMENDATION; TRANSMITTAL TO BOARD.
The Planning Commission shall make a recommendation to the County Board in a timeframe so as to comply with M.S. § 15.99, as it may be amended from time to time. Following the closing of the public hearing and formulation of the Planning Commission’s recommendation, the Department shall report the findings and recommendations of the Planning Commission to the County Board.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
§ 152.250 COUNTY BOARD ACTION.
(A) The County Board shall take action on the CUP or IUP following receipt of the findings and recommendations by the Planning Commission so as to comply with M.S. § 15.99, as it may be amended from time to time. Should the Planning Commission fail to provide findings and a recommendation in a timely manner, the Board shall take action so as to comply with M.S. § 15.99, as it may be amended from time to time.
(B) Decision on the permit application shall be by order of the Board ordering approval or denial of the permit. Approval shall consist of an order directing the Land Management Department to issue the permit and shall include any conditions placed on the permit. Denial shall be accomplished through the issuance of an order not to issue the CUP or IUP and deny the application. Orders to either approve or deny a permit application shall stipulate the appropriate findings of fact supporting the approval and if conditions in addition to those specifically required by this chapter are attached findings supporting the conditions shall be included.
(C) Optional hearing. The County Board shall have the option to set and hold a public hearing in accordance with § 152.285.
(D) Conditions. In ordering the issuance of a CUP or IUP, the County Board shall include any conditions required to attain the objectives of the comprehensive plan, comply with official controls, and protect the public interest. Such conditions may include requiring the applicant to provide a surety, and in the case of IUPs, setting a time limit for the use to exist or operate. When appropriate, restrictive covenants may be entered into regarding these matters.
(E) Notice to applicant. The Department shall send written notice of the County Board’s action to the applicant. The permit shall become effective upon the date the applicant agrees to the conditions and signs the permit. Failure of the applicant to sign and return the permit within 90 days of the Board’s issuance of the order shall be cause for cancellation of the permit.
(F) Effect of denial. Whenever an application for a CUP or IUP has been considered and denied by the County Board, a similar application for a CUP or IUP 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; and a subsequent application for the same land use 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 the matter is made by not less than four-fifths vote of the County Board.
(H) File with County Recorder. A certified copy or original of any CUP or IUP shall be filed with the County Recorder. The CUP or IUP shall include the legal description of the property involved, owner’s name and any conditions stipulated upon approval by the County Board.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)
§ 152.251 REQUIRED FINDINGS.
An order for the issuance of a CUP or IUP can be adopted only if all of the following are found as fact. Any conditions imposed by the permit or actions required as part of the order shall be considered in making findings:
(A) The conditional or interim use is permitted as a permitted conditional or interim use within the zoning district, and meets all requirements of this chapter and any other county, regional, state, or federal laws, ordinances, rules or regulations.
(B) The conditional or interim use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
(C) The establishment of a conditional or interim use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(D) The effects of the proposed use will not be detrimental to the health, safety and welfare of Carver County or to the occupants of the immediate neighborhood.
(E) That adequate utilities, access roads, drainage and other facilities have been or are being provided.
(F) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use if these measures are applicable.
(G) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance if these measures are applicable.
(H) The use or development conforms to the County Comprehensive Plan.
(I) The use or development is compatible with the land uses in the neighborhood.
(J) A public hearing was held pursuant to § 152.285 and M.S. § 394.26, as it may be amended from time to time.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
§ 152.252 CONFORMITY REQUIRED, EXPIRATION EXTENSION, REVIEW, DURATION.
(A) Conformity with permit. Any use permitted under the terms of any CUP or IUP shall be established and conducted in conformity with the terms of the permit and of any condition designated in connection therewith. Any deviation from the conditions or uses approved may be considered grounds for suspension or termination of the CUP or IUP by the County Board. The action shall occur by order of the County Board. The Board may call a public hearing prior to termination of a permit.
(B) Expiration of CUP or IUP . Unless significant work has been done within six months from the date of adoption of the Board order, the 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. In cases where significant action clearly has not been taken to place a permit into effect and an extension has not been granted by the County Board, the Department shall, after appropriate investigation and 30-day written notice to the present property owner, file a notice of termination in the Office of the County Recorder. In cases where a use provided for by a CUP or IUP will no longer be conducted due to an irreversible change in circumstance or when the current owner of the property so requests, the Department shall, after a 30-day notice to the present property owner, file the appropriate termination documents in the Office of the County Recorder.
(C) Request for extension. A holder of a conditional or interim use may request an extension of the time to do significant work to place the permit into effect for up to one year. The request shall be in writing and shall be filed with the Department at least 30 days before the CUP or IUP 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. The request shall be presented to the County Board for a decision.
(D) Permit review. Conditional or interim use permits may be reviewed on a periodic basis or when it is brought to the attention of the Department that the permittee is deviating from any conditions or uses approved for the CUP or IUP. Periodic permit review shall fall into one of the following classifications:
(1) Administrative review. The Department may conduct a site inspection, review current aerial photos, review current permit conditions, review complaint and database records, and/or request information from the landowner or permittee. The Department may also contact the affected township for input on the standing of the permit. All permits are subject to administrative review.
(2) Compliance review. The Department would typically conduct an annual site inspection; review the conditions of the permit to determine compliance status; contact the permit holder regarding associated insurance and/or surety documentation; and notify the affected township of the compliance review. Permits requiring any type of renewal under previous ordinances, or permits with a condition specifying the compliance review requirement shall fall into this classification.
(E) Duration of permit. A CUP shall remain in effect for so long as the conditions agreed upon are observed. At the time designated for the IUP to expire, the Department will conduct an inspection of the site. If the Department finds that the use is still compatible, and is not creating an adverse affect on the surrounding area, the applicant may apply for an extension. A reapplication for an IUP shall be administered in the same manner as the original IUP application.
(F) New owner, permittee or operator. A new landowner or individual assuming the role as permittee is required to contact the Department to review the conditions and current status of the CUP, and to determine whether there is a need for additional applications pertaining to amendments or additional permits.
(G) Amendments. Nothing in this section shall prevent the Board from enacting or amending official controls to change the status of conditional or interim uses.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)