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Luverne City Zoning Code

CONDITIONAL USE

PERMITS

§ 153.035 APPLICATION.

   (A)   Conditional use permits may be issued for any and only the uses or purposes for which such permits are required or permitted by provisions of this chapter.
   (B)   An application for a conditional use permit shall be filed with the Zoning Administrator on a form prescribed by the Council. The application shall be accompanied by such plans and elevations and site plans as prescribed by the Planning Commission. The Planning and Zoning Commission shall act on any application and substantiating data within 60 days after receipt of same.
(Prior Code, § 11.22)

§ 153.036 PUBLIC HEARING.

   (A)   Upon receipt in proper form of the application and other required material, the Planning Commission shall hold at least one public hearing in a location to be prescribed by the Planning Commission.
   (B)   At least ten days in advance of each hearing, notice of the time and place of the hearing shall be published in the official paper of the city.
   (C)   All property owners within 200 feet of the property for which a conditional use application has been filed shall be notified by U.S. mail as to the time and place of the public hearing.
   (D)   The applicant shall provide an abstract of all property owners within 200 feet.
(Prior Code, § 11.22)

§ 153.037 REPORT TO COUNCIL.

   (A)   For each application for a conditional use permit, the Planning Commission shall report (within 30 days) to the Council its findings and recommendations, including the stipulation of additional conditions and guarantees that the conditions will be complied with when they are deemed necessary for the protection of the public interest. Upon receipt of the report of the Planning Commission, the Council shall hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant or deny a conditional use permit.
   (B)   The applicant shall be notified in writing within 30 days of the Council’s decision to either grant or deny the conditional use permit.
(Prior Code, § 11.22)

§ 153.038 FINDINGS.

   No conditional use shall be recommended by the Planning Commission unless the Commission shall find:
   (A)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
   (B)   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area;
   (C)   Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
   (D)   Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use; and
   (E)   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, and to control lighted signs and other lights in a manner that no disturbance to neighboring properties will result.
(Prior Code, § 11.22)

§ 153.039 FEES.

   To defray administrative costs of processing requests for conditional use permits, a fee shall be paid by the applicant. The fee shall be established by the Council.
(Prior Code, § 11.22)

§ 153.040 COMPLIANCE.

   Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and of any conditions designated in connection therewith.
(Prior Code, § 11.22)

§ 153.041 CONDITIONAL USE EXPIRATION.

   Unless otherwise specified by the Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize the conditional use permit within one year from the date of its authorization.
(Prior Code, § 11.22)