It shall be unlawful to use any structure or land for any purpose requiring a conditional use permit in the zoning district in which the property is located without first obtaining a conditional use permit from the city. Where applicable, a building permit shall also be obtained from the city.

Application for a conditional use permit shall be made to the city planner on forms provided by the city and shall be accompanied by the following:

a)   the legal description of the property;

b)   evidence of ownership or an interest in the property;

c)   the fee required by section 710 of the code of city ordinances;

d)   a plat or map of the property which shows, at a minimum, all lot lines, existing and proposed structures, driveways and parking areas; and

e)   such other information as may be required by the city.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

a)   After receipt of a completed application, a date must be set for a public hearing before the planning commission. Not less than 10 days before the public hearing, the city must publish notice in the official newspaper and send notice by mail to the applicant and to the owners of all properties located wholly or partially within 400 feet. Following the hearing or any continuance that is not appealed by the applicant, the planning commission must make a recommendation to the city council.

b)   The public hearing must be held before the city council instead of the planning commission if the application is for a city-owned park, the project has no variances, and a public hearing complying with the notice provisions of this paragraph has been held at a neighborhood meeting or by the Minnetonka park board.

After receipt of the recommendation of the planning commission, the city council must consider the request and hold whatever hearing it deems advisable. In evaluating an application for a conditional use permit, the city council must consider and adopt findings regarding compliance with the general and specific criteria outlined in sections 300.16 or 300.21 of this ordinance. The planning commission may recommend and the city council may impose conditions on granting the permit in order to ensure compliance with the criteria or to effect the purpose of this ordinance. The city council must make a decision within the time period specified in state law. The Minnesota Department of Natural Resources must be notified of conditional use permit applications and decisions in the shoreland district as provided for in section 300.25.

The city council may review conditional use permits periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the state of Minnesota, or any city ordinance. If it is discovered after approval of the conditional use permit that the city's decision was based at least in part on fraudulent information, the city council may revoke the conditional use permit, modify the conditions or impose additional conditions to ensure compliance with section 300.16 or 300.21 of this ordinance. The procedure for revocation shall be the same as that for licenses specified in section 700.035 of the code of city ordinances.

A certified copy of the conditional use permit shall be filed by the applicant with the Hennepin county recorder or registrar of titles. The permit shall contain a legal description of the property.

A conditional use permit shall remain in effect for so long as the conditions agreed upon are observed. A conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter.

A person who violates, fails to comply with or assists, directs or permits the violation of the terms or conditions of a conditional use permit is guilty of a misdemeanor. A violation is a violation of the permit and renders the permit null and void. A violation also constitutes a public nuisance that may be abated in accordance with the provisions of section 845.

(Amended by Ord. #2008-10, adopted March 24, 2008; amending by Ord. #2004-37, adopted December 20, 2004; amended by Ord. #2003-25, adopted October 27, 2003)