The purpose of a conditional use permit is to provide the city with discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety. (Ord. 2004-40, 1-3-2005)

The council or the planning commission may, upon their own motion, initiate a request for a conditional use permit in conformance with the provisions of this title. Any person owning real estate or having documented interest therein, may initiate a request for a conditional use permit for said real estate in conformance with the provisions of this title. (Ord. 2004-40, 1-3-2005)

   A.   Request For Permit: Request for conditional use permits shall be filed with the city on an official application form. Such application shall be accompanied by a fee as established by the city's fee schedule. The city, after receipt and review of the application, shall have the authority to request additional information from the applicant which it deems is necessary for a proper review by the planning commission. The request for a conditional use permit shall be placed on the agenda of a regular or special meeting of the planning commission to occur no later than sixty (60) days from the date of submission. (Ord. 2004-40, 1-3-2005; amd. Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008)

   B.   Proof Of Ownership Or Authorization: The applicant shall supply proof of title and the legal description of the property for which the conditional use permit is requested, which proof of title must be satisfactory to the city.

   C.   Public Hearing: Upon receipt of said application, the city shall set a public hearing. The planning commission shall conduct the hearing, and report its findings and make recommendations to the council. Notice of said hearing shall consist of a legal property description and summary description of request, and be published in the official newspaper at least ten (10) days prior to the hearing. A written notice of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty feet (350') of the boundary of the property in question. A copy of the hearing notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding.

   D.   Failure To Receive Notice: Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title provided a bona fide attempt has been made to comply with the notice requirements of this section.

   E.   Consideration Of Conditional Use: The planning commission and council shall consider possible adverse effects of the proposed conditional use. Their judgment shall be based upon, but not limited to, the following factors:

      1.   The proposed action has been considered in relation to the specific policies and provisions of, and has been found to be consistent with, the official city comprehensive plan and with the purposes of the zoning district in which the applicant intends to locate the proposed use.

      2.   The proposed use is or will be compatible with present and future uses of the area.

      3.   The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.).

      4.   The proposed use will not tend to or actually have an adverse effect on the area in which it is proposed.

      5.   Traffic generated by the proposed use is within capabilities of streets serving the property.

      6.   The proposed use can be accommodated by public services and facilities including parks, schools, streets and utilities, and will not overburden the city's service capacity.

      7.   If a conditional use involves a religious institution, the planning commission and council shall specifically be prohibited from considering the religious tenets, beliefs or affiliation, if any, of the religious institution, its leaders or members.

   F.   Additional Information: The planning commission shall have the authority to request additional information from the applicant or to retain expert testimony with the consent and at the expense of the applicant. Failure by the applicant to supply all necessary supportive information may be grounds for denial of the request.

   G.   Questions: The applicant or a representative thereof may appear before the planning commission in order to answer questions concerning the proposed request.

   H.   Finding Of Fact: The planning commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the title.

   I.   Plan Commission Report: The council shall not grant a conditional use permit until they have received a report and recommendation from the planning commission or until sixty (60) days after the date of the regular/special planning commission meeting at which the request was first considered after the formal application was filed.

   J.   Placement On Agenda: Upon completion of the report and recommendation of the planning commission, the request shall be placed on the agenda of the next regular/special council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the council meeting.

   K.   Optional Hearing: Upon receiving the report and recommendation of the planning commission, the council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

   L.   Conflicts; Further Consideration: If, upon receiving said report and recommendation of the planning commission, the council finds that specific inconsistencies exist in the review process and thus the final recommendation of the council will differ from that of the planning commission, the council may, before taking final action, refer the matter back to the planning commission for further consideration. The council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be allowed only one time on a singular action.

   M.   Vote Of Council: Approval of a request shall require passage of a resolution with the affirmative vote of a majority of all the members of the council.

   N.   Denied Applications: Whenever an application for a conditional use permit has been considered and denied by the council, a similar application for the conditional use permit affecting the same property shall not be considered again by the planning commission or council for at least one year from the date of its denial, except as follows:

      1.   Applications are withdrawn prior to council taking final action on the request.

      2.   If the planning commission determines that the circumstances surrounding a previous application have changed significantly.

      3.   If the council decides to reconsider such matter by a vote of not less than a majority of all the members of the council. (Ord. 2004-40, 1-3-2005; amd. Ord. 2019-05, 5-28-2019)

The conditional use permit and the stipulations, limitations and conditions therein shall be applied to the property in question. The city council, if so stated in formal action, may determine it necessary for or appropriate to serve the purposes of the comprehensive plan, the zoning code and to protect the public health, safety and welfare to also apply the stipulations, limitations and conditions:

   A.   To the property in question, limited to the present owner.

   B.   To the property in question, for a specified time period. (Ord. 2004-40, 1-3-2005)

An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit except that the planning commission may, upon written application and with approval by all members present, authorize minor changes in location, siting and heights of buildings or structures or an increase in overall coverage of buildings and structures; however, no change authorized by this section shall cause any of the following:

   A.   A change in the use or character of the development.

   B.   An increase in intensity of use.

   C.   An increase in traffic circulation.

   D.   A reduction in off street parking and loading spaces.

   E.   A reduction in required pavement widths. (Ord. 2004-40, 1-3-2005)

Where applicable, unless otherwise specified by the city council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit and fulfill each and every condition attached thereto within one year from the date of its authorization unless a petition for an extension of time in which to complete or utilize the use has been granted by the city council. Such extension shall be requested in writing and filed with the city at least thirty (30) days before the expiration of the original conditional use permit. The request for extension shall state the reasons for which the extension is sought. Such petition shall be presented to the planning commission for the purpose of advising the city council. The city council will make the final decision on the request. (Ord. 2004-40, 1-3-2005)

Any person or persons or any taxpayer, department, board or bureau of the city aggrieved by the decision of the city council shall have the right to seek review within forty five (45) days of the decision with a court of record of such decision in the manner provided by the laws of the state, and particularly Minnesota statutes 462, as such statutes may be from time to time amended, supplemented or replaced. (Ord. 2004-40, 1-3-2005)