Conditional use or interim use permits may be granted or denied in any district as provided by this division. The city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions, including parking facilities on adjacent streets and land, the effect on utility and school capacities, the effect on property values of property in the surrounding area, and the effect of the proposed use on the comprehensive plan.

(Prior Code, ch. 1310, subd. 2(A))

(a)

The property owner or his authorized representative shall fill out and submit to the city administrator or designee an application for a conditional use or interim use permit together with required exhibits and a fee to be determined by the city council from time to time by ordinance.

(b)

The city administrator or designee shall refer the application to the planning commission. The city administrator or designee shall set the date for a public hearing and have notice of such hearing published at least once in the legal newspaper not less than ten days prior to the hearing. Property owners within 1,000 feet of the property shall be notified by mail, although failure of any property owner to receive such notification shall not invalidate the proceedings.

(c)

The planning commission shall consider the petition according to the submittal schedule.

(d)

The petitioner or his representative shall appear before the planning commission in order to answer questions concerning the proposed conditional use.

(e)

The report of the planning commission shall be placed on the agenda of the city council following referral from the planning commission.

(f)

The city council shall take action on the application after receiving the report of the planning commission. If it grants the conditional use or interim use permit, the city council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate.

(g)

An amended conditional use or interim use permit application shall be administered in a manner similar to that required for a new conditional use or interim use permit. Amended conditional use or interim use permits shall include re-applications for permits that have been denied, requests for changes in conditions, and as otherwise described in this article.

(h)

No application for a conditional use or interim use permit shall be resubmitted for a period of one year from the date of said order of denial.

(i)

If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use or interim use permit shall be reviewed at a public hearing with notice of said hearing published at least ten days prior to the review. It shall be the responsibility of the city administrator or designee to schedule such public hearings, and the owner of land having a conditional use permit shall be required to pay a fee for said review.

(j)

Approved conditional use or interim use permits shall be filed in the office of the county recorder.

(Prior Code, ch. 1310, subd. 2(B))

The following exhibits shall be submitted with an application for a conditional use or interim use permit:

(1)

Anoka County GIS property owners' list, labels and map showing property owners' names and addresses within 1,000 feet of the outer boundaries of the property in question.

(2)

A boundary line survey. The city administrator or designee may waive the requirement for a survey if no buildings or improvements are proposed.

(3)

A general development plan showing the potential development of the property, indicating proposed streets, buildings, drainage, and landscaping.

(4)

Such other information as determined by the city administrator or designee.

(Prior Code, ch. 1310, subd. 2(D))

In granting a conditional use or interim use permit, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, morals, and general welfare of occupants of surrounding lands. Among other things, the council shall consider the following:

(1)

Factors of noise, glare, odor, electrical interference, vibration, dust, and other nuisances.

(2)

The use shall not create an excessive burden on existing parks, police and fire, schools, streets and other public facilities and utilities which serve or are proposed to serve the area.

(3)

The effect on sensitive environmental features including wetlands, slopes, floodplains, woodlands, lakes, surface water and groundwater.

(4)

The use shall be compatible with adjacent land uses so that existing uses and property values will not be adversely affected and there will be no deterrence to development of vacant land.

(5)

The use shall not have an adverse effect upon adjacent properties, including aesthetics, scenic views, character and integrity of the neighborhood.

(6)

The use, in the opinion of the city council, shall be reasonably related to the overall needs of the city and to the existing land use.

(7)

The use shall be consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.

(8)

The use shall not be in conflict with the comprehensive plan.

(9)

The use will not cause traffic congestion or hazards.

(10)

The use shall have adequate utilities, access roads, drainage and necessary facilities.

(11)

The use will not adversely impact the environment, natural resources or water quality.

(Prior Code, ch. 1310, subd. 2(D))

In addition, the city council may adopt additional conditions that the city council considers necessary to protect the public health, safety and welfare, and the best interest of adjacent residents or the community as a whole. These conditions may include, but are not limited to, the following:

(1)

Hours of operation;

(2)

Limitations on intensity;

(3)

Performance standards;

(4)

Controlling access;

(5)

Additional fencing, landscaping, screening;

(6)

Limiting the height, size or location of buildings; and

(7)

Periodic review.

(Prior Code, ch. 1310, subd. 2(E))

(a)

Where a conditional use or interim use permit has been issued pursuant to the provisions of this article, such permit shall become null and void without further action by the planning commission or city council unless construction commences within one year of the date of granting such conditional use or interim use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than six consecutive months.

(b)

In the event that the applicant violates any of the conditions set forth in the permit, the city council shall have the authority to revoke the conditional use permit or interim use following a public hearing.

(Prior Code, ch. 1310, subd. 2(F))

(a)

Generally. An interim use permit is required to remove, store, or excavate rock, sand, gravel, minerals, clay, silt, or other like material in the city or to fill or raise the existing surface grades in excess of 1,000 cubic yards.

(b)

Interim use permit application. An application for the interim use permit shall be made in writing to the city council in the form specified by the city engineer. In addition to all other required information, the application shall contain the following information:

(1)

The correct legal description of the land upon which excavation is proposed.

(2)

The name and address of the applicant and owner of the land.

(3)

The names and addresses of all adjacent landowners within a 1,000-foot radius.

(4)

The general purpose of the proposed excavation.

(5)

The estimated time required to complete the proposed excavation and rehabilitation.

(6)

The names of the highways, streets, or other public roadways within the city upon which the material shall be transported.

(7)

Specifications for the following, using appropriate maps, photographs, and surveys:

a.

The physical relationship of the proposed excavation site to the community and existing community development.

b.

Site analysis information such as trees, depth of topsoil, adjacent and on-site buildings and land uses, flood levels, watercourses, and two feet elevation and percent slope within 100 yards beyond the perimeter of the site, and topography maps with elevations not exceeding intervals of two feet.

c.

The estimated quantity, distance and method by which the materials are to be moved or transported.

d.

The depth of water tables throughout the proposed excavation site. Use mottled soil or monitoring wells which have been in place for at least one year. Historical data specific to this site shall also be included.

e.

The average thickness of overburden on the proposed site before and after excavation.

f.

Environmental assessment worksheet and or environmental impact statement, if required.

g.

Phasing plan with schedule.

h.

Required separation to highest known groundwater.

(8)

The plan of operation, including processing, if any, the nature of the processing and equipment, location of the processing plant, source of water, disposal of water, reuse of water, and the use of explosives.

(9)

Plans for drainage, wind and water erosion control, sedimentation and dust control, maintenance of security on the proposed excavation site, control of access to open excavation and control of weeds and unsightly vegetation.

(10)

A comprehensive rehabilitation plan showing suitable provisions for rehabilitation of the excavated area to a usable condition compatible with the adjacent land such that it will not become a health or safety hazard or a nuisance. Such plan shall, at a minimum, include anticipated final elevations, with topography elevations not exceeding intervals of two feet, slopes and plans for the return of subsoil and topsoil for at least 100 yards beyond the perimeter of the site. Where the council deems practical and necessary, such plan shall also include adjoining related areas where excavations have previously been made which remain under the control of the applicant or the owner of the land on which the excavation is proposed.

(Prior Code, ch. 1014, subd. 3; Ord. No. 04-03)

(a)

Upon referral of the application from the city engineer, the city council shall evaluate the application in accordance with the standards and requirements set forth in this section.

(b)

The city council shall issue an interim use permit only upon a finding that the proposed excavation activities will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof or the public health, safety, or welfare, and will not significantly impair the use, enjoyment, or value of a neighboring property.

(c)

The city council, in its discretion, may attach conditions to protect the public health, safety and welfare, to avoid traffic congestion or hazard, to promote conformity of a proposed use with the character of adjoining property and uses, or to avoid significantly reducing or impairing the use, enjoyment, or value of any neighboring property.

(1)

Prerequisites to obtaining interim use permit. The city council, as a prerequisite to the issuance of an interim use permit, or after the permit has been granted, may require the applicant or owner of the licensed premises to:

a.

Reimburse the city for the cost of periodic inspections by the city engineer, building official and zoning administrator or other city employees for the purpose of determining that the provisions of the permit and all applicable ordinances are being followed.

b.

Submit to the city council a detailed map of the highways, streets, roads, or other public ways within the city upon and along which the materials removed or brought in shall be transported (haul roads). The city shall inspect the haul roads proposed to be used by the applicant or owner and shall recommend to the city council necessary upgrading or repairing of the haul roads prior to their use by the applicant or owner. The city council shall designate the haul roads and shall incorporate the recommendations of the responsible city officials in the excavation/land reclamation permit issued to the applicant. It shall be the responsibility of the applicant or owner to maintain the haul roads in accordance with the provisions set forth in the permit. The city shall periodically inspect haul roads to ensure compliance with the excavation operations, and the applicant or owner shall make any necessary repairs to the haul roads as recommended by the city. All costs of inspection provided for in this subsection shall be borne by the applicant or owner. The use of the haul roads shall be further subject to any road and weight restrictions imposed by the city.

c.

Submit annually in writing to the city council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is, for any reason, likely to exceed the original estimate herein required, the applicant or owner shall notify the city council of the change in estimated quantity.

d.

Comply with such other requirements as the city council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare.

(2)

Inspections. At least once a year, and more often if deemed necessary, the city may inspect all excavation sites for which an interim use permit has been issued pursuant to this section and report such findings to the city council. The operator or owner of any excavation operation found in violation of the requirements of this section or his permit shall remedy such violations within the time specified by written notice from the city.

(3)

Surety bond. The city council shall require the applicant or owner of the premises on which the excavation operation is located to post a surety bond with a surety acceptable to the city or cash escrow in an amount equal to at least 125 percent of the cost of rehabilitation of the premises or such other sum as the city council in its discretion deems necessary to protect the public health, safety or welfare, running to the city, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel, and removing material from any pit or excavation, and conducting required rehabilitation and conditioned further to comply with all the requirements of this section and the particular interim use permit, and to pay any expense the city may incur by reason of doing anything required be done by any applicant. Said bond shall remain in full force and effect for a minimum period of one year after expiration of the permit to guarantee the required rehabilitation as well as the other requirements herein provided.

(4)

Modification of operations. The operators shall change, alter or modify immediately any excavation or operation therein deemed by the city council inspector to be unsanitary or dangerous or polluted or contrary to the general health and welfare of the community.

(Prior Code, ch. 1014, subds. 3, 4, 8, 9, 12; Ord. No. 04-03)

(a)

Cannabis businesses and lower potency hemp edible manufacturers must meet the requirements contained in city code, chapter 12, article IX.

(b)

Cannabis businesses and lower-potency hemp edible manufacturers must provide an odor control plan to the city that meets the requirements of Minn. Stats. ch. 342, the rules promulgated thereto, and city odor control requirements.

(c)

Cannabis cultivation business grow operations must be completely within an enclosed building.

(Ord. No. 24-05, § 7, 12-9-2024)