It is the intent of the city in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location, size and design are consistent with the standards, purposes and procedures of this ordinance and the comprehensive plan. The planning commission may recommend and the city council may impose conditions on such uses in order to effect the purpose of this ordinance.

No conditional use permit may be granted for a conditional use in the wetlands, floodplain, or shoreland districts unless the city council determines that all of the following standards will be met:

a)   the use is consistent with the intent of this ordinance;

b)   the use is consistent with the goals, policies and objectives of the comprehensive plan;

c)   the use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements;

d)   the use is consistent with the city's water resources management plan;

e)   the use does not have an undue adverse impact on the public health, safety or welfare;

f)   water bodies receiving runoff entering wetlands, floodplain or shoreland areas shall not be adversely impacted by the water quality of runoff;

g)   no structure or fill may be placed which adversely affects the minimum required water storage capacity as defined in the water resources management plan of a property;

h)   no structure subject to periodic inundation shall be designed for human habitation or shall the structure be serviced with public utilities;

i)   structures shall have a low flood damage potential and shall be firmly anchored;

j)   service facilities, such as electrical and heating equipment, must be located a minimum of two feet above the flood elevation defined in the water resources management plan;

k)   there shall be no storage of materials which are flammable, explosive or otherwise dangerous to human, animal or plant life;

l)   there shall be only minimal interference with wetland vegetation; and

m)   required approvals shall be secured from all appropriate jurisdictions, including the United States army corps of engineers, Minnesota department of natural resources, governing watershed district and the Lake Minnetonka conservation district. Any conditions imposed upon such approvals shall be met.

No conditional use permit will be granted in the wetlands district unless its approval will not adversely impact wetlands, the wetland buffer area, and surrounding properties, the intent of this ordinance or the goals and policies of the comprehensive plan. If applicable, granting of a conditional use permit will be conditioned upon review of the request by all other appropriate regulatory governmental agencies, including the watershed district or the Minnesota department of natural resources.

No conditional use permit may be granted in the floodplain district except in circumstances in which its approval will not have an adverse impact on the intent of this ordinance or the precepts of the comprehensive plan. In addition, no conditional use permit may be issued unless efforts have been made to mitigate to the extent feasible adverse impacts on the subject property and adjacent properties. Granting of a conditional use permit will be conditioned upon review of the request by all other appropriate governmental agencies, including watershed districts, the Minnesota department of natural resources, and the United States federal emergency management agency and army corps of engineers.

No conditional use permit may be granted in the shoreland district unless the city council determines that all of the following standards are met:

a)   The use is consistent with the intent of this ordinance;

b)   The applicant demonstrates how the use will minimize the adverse impacts to the public water and to the shore and bluff impact zones such as;

   1)   soil erosion and other pollutants entering the public water during and after construction;

   2)   visibility of structures and other facilities from the public water, and;

   3)   overcrowding of watercraft on the public water based on the types, uses, and numbers of watercraft that the project will generate in relation to the suitability of the public water to safely accommodate these watercraft;

c)   The use is consistent with the goals, policies and objectives of the comprehensive plan;

d)   The use does not have an unreasonable adverse impact on governmental facilities, utilities, services or existing or proposed improvements;

e)   The use does not have an unreasonable adverse impact on the public health, safety or welfare;

f)   All other appropriate governmental agencies have reviewed the request, including watershed districts, conservation districts, and the Minnesota department of natural resources; and

g)   The use complies with the standards in sections 300.23 and 300.24 if applicable.

The applicant for a conditional use permit that is required by another zoning district and that is wholly or partially in the shoreland district must meet the following requirements in addition to the requirements of section 300.16 or 300.21:

a)   decrease the amount of impervious cover to at least twenty percent less than the allowable amount as regulated in section 300.16 or 300.21. All impervious cover must also comply with this section;

b)   double the setback from the OHWL; and

c)   screen all structures as viewed from the lake in summer-leaf on conditions.

(Amended by Ord. No. 2008-09, adopted March 24, 2008; Amended by Ord. No. 2004-27, adopted August 23, 2004)