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Menahga City Zoning Code

§ 151.58

CONDITIONAL USE PERMITS CUP.

   (A)   Conditional use permits shall run with the property for structures or other specified uses, as recommended by the Planning Commission after a public hearing and approved by the City Council.
      (1)   All applications for a conditional use permit shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application.
      (2)   The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days before the public hearing.
      (3)   The Zoning Administrator shall send the same notice and supporting documentation at least ten days before this hearing to the DNR, if the proposed is in shoreland.
      (4)   At the applicant’s option, the applicant may request a sketch plan review with no action by the Planning Commission and with no fee by giving 14 days’ notice thereof to the Zoning Administrator, meeting time permitted. The city requires that before any major development project that it would be best for the developer to meet with the City Engineer, Planning and Zoning Commission, people from the highway departments (County Engineer, Minnesota Department of Transportation and city Street Supervisor, whichever applies), and the city Water and Sewer Supervisor to discuss how the development will affect all the parties involved. This group will be referred as the Design Review Team (DRT) and will continue through the development process at stages at 30% and 60% completion.
      (5)   Submissions for CUP. The applicant shall complete the conditional use permit application approved by the Planning Commission. The application shall contain submittal requirements, approval criteria, consideration procedure, and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
      (6)   The Zoning Administrator shall accept no conditional use permit application from a contractor or property owner having outstanding violations. Conditional use permits can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.
      (7)   In permitting a new conditional use or alteration of an existing conditional use, the Planning Commission may impose, in addition to the standards and requirements expressly specified by this section, additional conditions that the Planning Commission considers necessary to protect the best interest of the surrounding area or the city as a whole. These conditions may include, but are not limited to, the following:
         (a)   Increasing the required lot size or yard dimension;
         (b)   Limiting the height, size, or location of buildings;
         (c)   Controlling the location and number of vehicle access points;
         (d)   Increasing the street width;
         (e)   Increasing or decreasing the number of required off-street parking spaces;
         (f)   Limiting signs’ number, size, location, or lighting;
         (g)   Requiring berming, fencing screening, landscaping, or other facilities to protect adjacent or nearby property;
         (h)   Designating sites for open space;
         (i)   Stormwater runoff management treatment;
         (j)   Reducing impervious surfaces;
         (k)   Increasing setbacks from the ordinary high-water level;
         (l)   Restoration of wetlands;
         (m)   Limiting vegetation removal and/or riparian vegetation restoration;
         (n)   Provisions for the location, design, and use of structures, sewage treatment systems, water supply systems, watercraft launching and docking areas, and parking areas; and/or
         (o)   Other conditions the zoning authority deems necessary.
      (8)   In evaluating plans to construct sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes, conditions to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters assuming summer, leaf-on vegetation shall be attached to permits.
   (B)   The Planning and Zoning Commission shall decide the issue considering the following. The following must be met:
      (1)   The use or development is an appropriate conditional use in the land use zone;
      (2)   The use or development, with conditions, conforms to the comprehensive land use plan;
      (3)   The use with the condition is compatible with the existing neighborhood;
      (4)   The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance, or prosperity of the city;
      (5)   For conventional subdivisions, the property contains physical constraints, which make it unable to be developed by the conservation subdivision method; and
      (6)   The following must be considered:
         (a)   The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate area.
         (b)   The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominantly in the area.
         (c)   The conditional requirements at public cost for public facilities and services will not harm the community's economic welfare.
         (d)   The conditional use will have vehicular approaches to the property designed to avoid traffic congestion or indifference with traffic on surrounding public thoroughfares.
         (e)   Adequate measures have been taken to provide sufficient off-street parking and loading space for the proposed use.
         (f)   Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner that no disturbance to neighboring properties will result.
         (g)   The conditional use will not result in the destruction, loss, or damage of a natural, scenic, or historical feature of major significance.
         (h)   The conditional use will promote the prevention and control of pollution of the ground and surface waters, including sedimentation and management of nutrients.
   (C)   When costs to the city in processing and reviewing an application exceed the original application fees, the applicant shall reimburse the city for additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees, and other professional services the city may need to retain in reviewing permits.
   (D)   Violations of the conditions of a conditional use permit shall automatically suspend the permit. The Planning Commission shall conduct a review of the violation. The Planning Commission shall recommend conditions for reinstating the access or revocation to the City Council. The City Council shall decide to reinstate or revoke the suspended permit.
   (E)   A CUP application that has been denied shall not be submitted, in an exact or substantially similar form, for at least 12 months from the date of denial.
   (F)   Appeals from the action of the city shall be filed with district court within 30 days after Council action.
   (G)   The conditional use permit shall be filed with the County Recorder within 45 days.
   (H)   The conditional use permit runs with the land and applies to subsequent purchasers so long as the conditions are met.
   (I)   Planned unit development procedure and submissions.
   (J)   The applicant may submit a sketch plan to the Planning Commission for review and discussion at least 14 days before the meeting.
   (K)   Based on the discussion, the applicant can formally apply by submitting preliminary documents, prepared with professional help, including, as a minimum, the CUP application, and further shall contain the following:
      (1)   Proposed concept of plan operation;
      (2)   Proposed plat or floor plan, if applicable;
      (3)   Proposed recreational amenities;
      (4)   Proposed timing;
      (5)   Proposed final security; and
      (6)   Proposed development contract.
   (L)   The Planning Commission shall review the submissions and make a recommendation to the City Council within a reasonable timeframe with a complete finding of facts.
   (M)   The City Council shall review the recommendations and decide within a reasonable time, subject to the 60-day rule.
   (N)   The applicant shall then proceed within the time frame accepted under the preliminary proposal to provide final documents as required, including:
      (1)   Financial security;
      (2)   Development contract;
      (3)   Title opinion;
      (4)   Final plat or floor plan;
      (5)   Surveyors plat check;
      (6)   Final covenants and associated documents;
      (7)   Final schedule;
      (8)   Final site plan, which will control development; and
      (9)   MPCA/MDH approval letter on sewage system and water supply.
(Ord. passed 4-24-78; Am. Ord. passed 12- -24)