The purpose of a conditional use permit is to authorize and regulate uses which may be beneficial in a specific instance to the general welfare of the community, yet ensure that such uses are not detrimental to surrounding property, and are consistent with the stated purpose of the zoning district in which such uses are located regarding conditions of operation, location, arrangement, and construction.

Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within 60 days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. Pursuant to Minnesota Statutes 15.99, the City staff is hereby authorized to extend the 60 day time limit by a time period not to exceed 60 additional days, provided written notice of such extension is provided to the applicant before the end of the initial 60 day period. Additional City requirements are as follows:

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2008-09, 03/25/08)

Subd. 1.

Requests for conditional use permits, as provided within this Chapter, shall be filed with the Zoning Administrator on an official application form. The applicant's signature shall be provided on the application form. Additionally, if the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form, or the applicant shall provide separate written and signed authorization for the application from the fee owner. Such application shall be accompanied by: 1) a fee as set forth in the City Code; and 2) a written description of the request including an explanation of compliance with the conditional use permit criteria set forth in this Chapter, together with detailed graphic materials, the number, size, and format as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

(Amended by Ord. No. 2004-02, 01/13/04; Ord. No. 2016-11, 04/26/16; Ord. No. 2019-01, 02/12/19)

Subd. 2.

Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a property description and description of request, and shall be published in the official newspaper at least ten days prior to the hearing. A written notification of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 500 feet of the boundary of the property in question, except in the case of correctional facilities and waste facilities where the notification shall be to property owners located within 1,320 feet of the property in question.

(Amended by Ord. No. 2019-01, 02/12/19)

Subd. 3.

Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

Subd. 4.

The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the City Council.

Subd. 5.

The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors:

(a)

Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans.

(b)

The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort.

(c)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

(d)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(e)

Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed.

(f)

The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(g)

The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter.

Subd. 6.

The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter.

Subd. 7.

The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request.

Subd. 8.

The Planning Commission shall make a finding of fact and make a recommendation on such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Chapter. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff.

Subd. 9.

The City Council shall not grant a conditional use permit until they have received a report and recommendation from the Planning Commission and the City staff, or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered.

Subd. 10.

Upon receiving the report and recommendation of the Planning Commission and the City staff, the City Manager shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

Subd. 11.

Upon receiving the report and recommendation of the Planning Commission and the City staff, the City 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 they consider necessary to protect the public health, safety and welfare.

Subd. 12.

If, upon receiving said reports and recommendations of the Planning Commission and City staff, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendations of the City Council will differ from that of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. This procedure shall be followed only one time on a singular action.

Subd. 13.

Approval of a request shall require passage by a majority vote of the entire City Council.

Subd. 14.

Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the full City Council.

The information required for all conditional use permit applications shall be as specified in Section 21045.07 of this Chapter.

As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not limited to, the following general performance standards and criteria:

Subd. 1.

The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated.

Subd. 2.

The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with Section 21135 of this Chapter.

Subd. 3.

If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

Subd. 4.

Adequate off-street parking and off-street loading shall be provided in compliance with Section 21135 of this Chapter.

Subd. 5.

Loading docks and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and are in compliance with Section 21135 of this Chapter.

Subd. 6.

Whenever a non-residential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with Section 21130 of this Chapter.

Subd. 7.

General site screening and landscaping shall be provided in compliance with Section 21130 of this Chapter.

Subd. 8.

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 shall be in compliance with Section 21105 of this Chapter.

Subd. 9.

Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with Section 21105.10 of this Chapter.

Subd. 10.

The site drainage system shall be subject to the review and approval of the City.

Subd. 11.

The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause impairment of property values or a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

Subd. 12.

Provisions shall be made for an interior location for recycling and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with Section 21120.02, Subd. 8 of this Chapter.

Subd. 13.

All signs and informational or visual communication devices shall be in compliance with Section 21155 of this Chapter.

Subd. 14.

The use and site shall be in compliance with any federal or state laws or regulations which are applicable and any related permits are obtained and documented to the City.

Subd. 15.

Any applicable business licenses mandated by City Code are approved and obtained.

Subd. 16.

The hours of operation may be restricted when there is potential negative impact upon a residential use or district.

Subd. 17.

The use complies with all applicable performance standards of the zoning district in which it is located.

(Ord. No. 2025-02, § 5, 3/25/2025)

The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this Chapter, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person to whom the permit was issued, that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to Section 21015.02 of this Chapter. The Zoning Administrator shall provide the responsible person to whom the permit was issued a copy of the proceedings and findings of the Planning Commission and City Council.

Holders of a conditional use permit may propose amendments to the permit at any time, following the procedures for a new permit as set forth in this section, except where administrative approval may be granted, as defined and set forth in Section 21045. No significant changes in the circumstances or scope of the permitted use shall be undertaken without approval of those amendments by the City. The Zoning Administrator shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, different and/or additional signage, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may recommend, following the procedures for hearing and review set forth in this section and the City Council may approve significant changes and modifications to conditional use permits, including the application of additional or revised conditions.

Unless the City Council specifically approves a different time period, the approval of a conditional use permit shall expire one year from the date it was approved, unless the applicant has commenced the authorized use; or, unless before expiration of the one year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the authorized use has not commenced, 2) what, if any, good faith efforts have been made to commence the authorized use, 3) the anticipated commencement date for the authorized use, and 4) the signature of the applicant and property owner. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one year be requested by the applicant, it shall be presented to the City Council for a decision.

(Amended by Ord. No. 2009-07, 05/12/09; Ord. No. 2010-01, 02/23/10; Ord. No. 2012-05, 02/28/12)

Following the approval of a conditional use permit as required by this Section and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the City the completion of all private exterior amenities as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Section 21045 of this Chapter.

Prior to approving an application for a conditional use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the conditional use permit application relates.