In order to give the district use regulation the flexibility necessary to achieve the objectives of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits.

(Code 1984, § 10.09(1); Code 2003, § 78-911)

Before the council may grant conditional use permits for such conditional uses as prescribed in the district regulations of this chapter, the request shall be referred to the planning commission for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recommendation in regard to granting such conditional use and its conditions, if any, or for the denial of such conditional use. The council may by unanimous action waive reference to the planning commission.

(Code 1984, § 10.09(2); Code 2003, § 78-912)

Whenever this chapter requires a conditional use permit, an application in writing may be filed with the zoning administrator, together with such filing fee as may be established by the council and shall be accompanied by a site plan and such information and showing as may be necessary or desirable, including, but not limited to, the following:

(1)

Site plan drawn at scale dimensions with setbacks noted.

(2)

Location of all buildings, heights and square footage.

(3)

Curb cuts, driveways, parking spaces.

(4)

Off-street loading areas.

(5)

Drainage plan.

(6)

Type of business, proposed number of employees by shift.

(7)

Proposed floor plan with use indicated and building elevations.

(8)

Sanitary sewer and water plan with estimated use per day.

(9)

A lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light.

(10)

A landscape plan with a schedule of the plantings.

(11)

An abstractor's certified property certificate showing the property owners within 500 feet of the outer boundaries of the property in question.

(Code 1984, § 10.09(3); Code 2003, § 78-913; Ord. No. 210(3rd series), § 13, 6-25-2018)

If no recommendation is transmitted by the planning commission within 60 days after referral of the application for conditional use to the commission, the council may take action without further awaiting such recommendation.

(Code 1984, § 10.09(4); Code 2003, § 78-914)

The planning commission or council may hold a public hearing on each application for a conditional use permit as required by section 6.12.280. At the public hearing the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the council, the planning commission or the council may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The city shall provide for a record of the proceedings, which shall include the minutes of the meetings, the findings, and the action taken on each matter heard, including the final action.

(Code 1984, § 10.09(5); Code 2003, § 78-915; Ord. No. 210(3rd series), § 14, 6-25-2018)

State Law reference— Conditional use permit hearings, Minn. Stats. § 462.3595, subd. 2.

(a)

The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be:

(1)

Consistent with the community management plan;

(2)

Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of this chapter;

(3)

Adequately served by police, fire, roads, and stormwater management;

(4)

Provided with an adequate water supply and sewage disposal system;

(5)

Not expected to generate excessive demand for public services at public cost;

(6)

Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future;

(7)

Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan;

(8)

Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan;

(9)

Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses;

(10)

Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses;

(11)

Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means;

(12)

Not cause excessive nonresidential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access;

(13)

Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact;

(14)

All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and

(15)

Not detrimental to the public health, public safety, or general welfare.

(b)

A conditional use permit may be granted subject to such conditions as the council may prescribe.

(c)

A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses.

(d)

A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included.

(Code 1984, § 10.09(6); Code 2003, § 78-916; Ord. No. 77(3rd series), § 1, 7-12-2010)

The council shall set forth contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit application. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the planning commission.

(Code 1984, § 10.09(7); Code 2003, § 78-917)

A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit application. A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator. The council may grant or deny an application for renewal of a conditional use permit. In no case shall more than three, one year extensions be granted.

(Code 1984, § 10.09(8); Code 2003, § 78-918; Ord. No. 153(3rd series), § 4, 8-10-2015)

Should a conditional use permit lapse or cease for a period of six months, future use shall be in conformance with the terms of this chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war.

(Code 1984, § 10.09(9); Code 2003, § 78-919)

State Law reference— Conditional use permit duration, Minn. Stats. § 462.3595, subd. 3.

All nonconforming uses actually and legally existing on December 1, 1974, shall be issued a conditional use permit upon application not later than January 1, 1976. Such conditional use permit shall allow the continuation of the nonconforming use to the same extent and degree as then existing on December 1, 1974. Such permits shall be granted without application fee, and the council shall be limited in such permits to the full and accurate statements of the conditions pertaining to the existing uses. Such permits shall not be subject to periodic review.

(Code 1984, § 10.09(10); Code 2003, § 78-920)

The city hereby reserves the right to inspect the premises where a conditional use permit has been issued, after receiving permission from the property owner or receiving the appropriate court order, to ensure compliance with the provisions of this division or and conditions imposed. Conditional use permits shall not be subject to periodic council review for the purpose of change or revocation unless such a review is one of the conditions of the original permit or unless the actual land use is determined to be in violation of the terms of the permit.

(Code 1984, § 10.09(11); Code 2003, § 78-921; Ord. No. 192(3rd series), § 1, 4-10-2017)

It is unlawful to violate any condition of a conditional use permit.

(Code 1984, § 10.09(12); Code 2003, § 78-922)

A conditional use permit is required for all structures, including utility poles and rights-of-way, which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services.

(Code 1984, § 10.03(17); Code 2003, § 78-946; Ord. No. 161(2nd series), § 2, 6-7-1997)

A conditional use permit is required for commercial recreation uses. The council shall grant a conditional use permit only after the applicant demonstrates that public safety, health and welfare will not be negatively affected by the use, in particular the use will not create traffic congestion, interfere with the operation of adjacent uses, and create an unreasonable demand for public safety services. If a commercial use is part of a multitenant building, any exterior alteration shall be compatible with the architectural style of the building. Such conditional use permit may include conditions to mitigate potential adverse effects on adjacent uses, including, but not limited to, restricting the hours of operation and total floor area of the use.

(Code 2003, § 78-949; Ord. No. 47(3rd series), § 4, 7-28-2008)