1. Certain types of uses are classified as conditional uses under this chapter to which reasonable conditions may be attached. The conditions may be based on operation of the use, site improvements, and screening in order to mitigate any impacts to surrounding properties or the public rights-of-way. Conditional uses shall be approved by the city council by a showing by the applicant that the standards and criteria stated in this chapter will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use. If the use proposed is new construction, the conditional use permit process shall also be considered a site plan review.
   1. Duration of conditional use permits. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed and the permit holder is in compliance with all other regulations or standards of this chapter. A conditional use permit shall become null and void one year after the final action of the council if not initiated or utilized, or if the use is discontinued for a continuous 12-month period, unless a petition for an extension of time in which to complete or utilize the use that has been granted by the council. The city shall notify the CUP holder of these time restrictions at time of issuance. Extension shall be requested in writing and filed with the city at least 30 days before the expiration of the original conditional use permit. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Such petition shall be presented to the planning commission for a recommendation to the council and acted upon by the council.
   2. A public hearing before the planning commission is required with notice of the time, place and purpose of the hearing published in the official newspaper at least ten days prior to the day of the hearing, and mailed notice provided to each owner of affected property situated wholly or partly within 350 feet of the property for which the CUP is sought provided that failure to give mailed notice, or defects in the notice, shall not invalidate the proceedings, as long as a bona fide attempt to comply was made. The conditional use permit is adopted by resolution by the city council.
   3. Recording of permit. A certified copy of any conditional use permit shall be recorded with the Carver County recorder or registrar of titles for record. The conditional use permit shall include the legal description of the property.
   4. Amended conditional use permits. An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include requests for substantial changes in conditions or expansions of use, and as otherwise described in this chapter. Expansion or modifications of site improvements and/or for buildings for conditional uses of less than ten percent (footprint) shall be reviewed as an administrative site plan review.
   5. Revocation of conditional use permits. In the event that violations of any conditions set forth in the conditional use permit occur, the council shall have the authority to revoke the conditional use permit. The following procedure shall be used to consider the revocation of a conditional use permit.
      1. The parcel owner shall be notified of the possible violations of the conditional use permit and given 30 days to correct the violation and submit a written response to the notice.
      2. If the violations are not corrected in the 30-day time frame, a public hearing conducted by the city council shall be scheduled.
      3. At the public hearing for the purpose of revoking a conditional use permit the council shall consider the written response of the parcel owner and evidence of the violation. With a majority vote the city council shall take one of the following actions:
         1. Revocation of the conditional use permit by resolution adopt findings of fact and conclusions that support revocation of the conditional use permit;
         2. Finding no violation exists by motion; or
         3. Directing compliance measures and timelines to correct the violation.
      4. Exigent circumstances. If the city finds that exigent circumstances exist requiring immediate permit revocation, the zoning administrator may revoke the permit and provide a post-revocation hearing before the city council not more than 15 days after holder's receipt of written notice of the hearing. Following such hearing, the city council may sustain or rescind the revocation, or may impose such other and further discipline as it deems appropriate.
   6. The conditions contained in a valid conditional use permit for an existing use that has become permitted due to a change in the zoning district or zoning text will remain in effect only as to any conditions related to site improvements.

(Code 1975, § 470:01; Code 1998, § 30-641; Ord. No. 474, 10-14-2024)

1. The applicant shall have the burden of proving that the use would meet all of the standards required for approval of a conditional use permit. The city may require the applicant to provide, at his/her cost, any information, studies, or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval.
2. The planning commission and city council shall consider the following criteria to evaluate the application and consider conditions for a conditional use permit:
   1. Consistency with the comprehensive plan. The proposed use shall be consistent with the comprehensive plan.
   2. Health and safety. The proposed use shall not negatively impact the health, safety, and general welfare of occupants of surrounding lands and general welfare of the city, including, but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust, and other nuisances; fire and safety hazards; existing and anticipated traffic conditions; parking facilities on adjacent streets and land; the effect on surrounding properties including valuation, aesthetics and scenic views; land uses and character and integrity of the neighborhood; impacts on governmental facilities and services including roads, sanitary sewer, water, and police and fire; effects on sensitive environmental features including lakes, surface and groundwater supply and quality, wetlands, slopes, floodplains and soils; and other factors found relevant by the city.
   3. Compliance with standards. The city shall consider whether the proposed use complies or is likely to comply in the future with all standards and requirements set out in the regulations and ordinances of the city or other governmental bodies having jurisdiction over the city.
   4. Public infrastructure services. Adequate public facilities and services shall be able to be provided to the site where the use is proposed, and/or existing infrastructure shall be able to absorb the additional demand for public services such as utilities, streets, parks, schools, etc.
   5. Screening and landscaping. Incompatible impacts of the proposed use shall be screened and buffered from adjacent property and the surrounding neighborhood. The city council may require additional landscaping or screening above that required in the zoning ordinance.
   6. Architectural standards. The site or building associated with the proposed use shall meet or exceed the architectural design and landscaping standards for the district in which it is located. The city council may require additional architectural standards above those required in the zoning ordinance.
   7. Zoning. The use shall be consistent with the requirements of the zoning ordinance and the requirements of the zoning district in which the applicant intends to locate the proposed use.
   8. Traffic. The city shall evaluate the potential generation and characteristics of the traffic associated with the use and its impact on traffic volumes and safety based on the proposed driveway locations, the existing and proposed capacity of adjacent roads, sidewalks, and trail connections. The city shall determine that the existing transportation infrastructure is adequate to address the potential traffic or shall require that the potential impacts shall be mitigated.

(Code 1975, § 470:01; Code 1998, § 30-642; Ord. No. 474, 10-14-2024)

1. Some permitted and conditional uses are further regulated based on the standards below:
   1. Accessory dwelling units (ADUs)
      1.  Limited to certain business uses that require overnight services including but not limited to nursing homes, hospitals, medical clinics, or animal service businesses with boarding. Attached accessory dwelling units are permitted with the following requirements:
         1. No more than two ADUs shall be allowed per business property.
         2. At least one resident of each ADU must be an employee of the business where the ADU is located, and it is a part of the employee's job duties to be on-site for extended or overnight hours. The unit cannot solely be rented to someone unaffiliated with the business.
         3. The maximum size of an ADU cannot exceed 800 square feet of habitable space.
         4. The height of the ADU cannot exceed 24 feet.
         5. The ADU must retain the same address as the principal structure and be attached to the principal structure.
         6. Accessory dwelling units must share utilities with the principal structure.
         7. Accessory dwelling units may not be sold separately from the primary business and cannot be created with a new tax parcel.
   2. Automotive repair, minor and major
      1. All repair operations must be conducted inside a building.
      2. All vehicles must be properly licensed.
      3. Parking of any vehicle is prohibited on an adjacent public roadway.    
      4. Visibly damaged vehicles parked outdoors must be screened.
      5. No vehicle dealer's license may be issued for the property.
   3. Automotive sales
      1. The building on the property must occupy at least ten percent of the buildable site.
      2. A minimum lot area of one buildable acre is required.
      3. Only one state-licensed business entity is allowed per property. 
      4. State wholesale and lessor licenses may be considered office uses provided no vehicles are located on site.
   4. Automotive services:
      1. No service station structure, parking area or driveway except access driveways shall be located within 100 feet of any portion of a residential district.
      2. Service station site shall have not less than 150 feet on a public street and shall have not less than two places of access to a public street. The total site area shall not be less than 20,000 square feet.   
      3. Hoists, pits, lubrication, washing and repair equipment shall be enclosed within the principal structure.
      4. All driveway and parking area surfaces shall be constructed and maintained in the same manner as prescribed for parking areas in this Code.
      5. The storage of wrecked or junked vehicles shall be in an enclosed area or in an area where they are screened from view.
   5. Breweries, brewpubs, microbrewery, and microdistilleries
      1. In CBD and C-2 districts, production is limited to 15,000 barrels per year and must be accompanied by a taproom/cocktail room.  
      2. In I-1, there is no production limit.
   6. Contract service businesses must be entirely enclosed within an opaque fence with a minimum height of seven (7) feet.
   7. Drive-in or drive-thru establishments:
      1. No structure, parking area or driveway except access driveways shall be located within 100 feet of any portion of an abutting residential district.
      2. Each site shall have a frontage of not less than 150 feet on a public or private street and shall have not less than two places of access to a public or private street. The total site area shall be not less than 20,000 square feet.
      3. Parking areas shall have a landscaped front yard having a depth of not less than 25 feet and a landscaped side yard having a depth of not less than ten feet, or a buffer.
   8. Gas pumps
      1. Adequate space shall be provided to access gas pumps and allow maneuverability around the pumps.   
      2. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations do not conflict with circulation, access and other activities on the site.
      3. Fuel pumps shall be installed on pump islands with canopies. Canopies shall maintain a 20-foot setback from property lines as measured from the edge of the canopy.
      4. Fueling areas and canopies must be located to the rear or side of the principal structure.
   9. Manufacturing uses making, assembling, repairing, buffing, finishing, plating, polishing, tempering, packing, shipping or storing, must mitigate any resulting cinders, dust, flashing, fumes, gas, noise, odor, refuse, matter, smoke, vapor or vibration to be confined effectively to the premises, and no extra fire hazard is created.
   10. Outdoor storage; outdoor display; seasonal outdoor sales
       1. Outdoor storage areas must not take up required parking spaces, drive aisles, landscaped areas, or loading areas.
       2. Storage areas must not be used for junk or debris.
       3. With the exception of seasonal sales of fireworks and seasonal sales of Christmas trees, wreaths, and the like, all items sold, displayed, and stored outdoors must be directly related to the business operation inside the building on site.
       4. The seasonal outdoor retail sales uses may be located on any side of the building.
       5. Seasonal outdoor storage of snow removal equipment and temporary salt/sand sheds/containers must be located to the side or rear of the building and screened from public rights-of-way.
   11. Self-storage facility
       1. Only a single self-storage structure is allowed per property with rental spaces indoors and climate controlled.
       2. The structure must be a minimum of two stories in height, and not exceed height maximum of the applicable zoning district.
          
   12. Outdoor dining areas which are not for a temporary purpose and are located on private property shall be subject to the following:
       
       1. The application shall require the following items and conditions to be met prior to acceptance by the city:
          
          1. The applicant must possess a valid food establishment license.
             
          2. The applicant must possess a valid liquor license if any type of alcohol is to be served.
             
          3. A narrative describing how the outdoor dining area will be utilized.
             
       2. A detailed site plan showing how the outdoor dining area will be laid out with dimensions including:
          
          1. A pathway for pedestrian traffic that is delineated from other traffic, is no less than 72 inches in width, and is compliant with the Americans with Disabilities Act.
             
          2. Access points to the outdoor dining area.
             
          3. Barriers between the outdoor dining area, pathways, and traffic.
             
          4. Amount of seating.
             
       3. The city shall not issue a conditional use permit unless the following conditions are met by the applicant:
          
          1. The applicant must provide a copy of liability insurance including:
             
             1. Insurance amounts of not less than $1,000,000 per occurrence and $2,000,000 in aggregate for commercial general liability.
                
             2. Liquor liability coverage if any alcohol is to be served.
                
             3. Insurance shall include the outdoor dining area.
                
          2. Payment of all fees prescribed on the city's fee schedule and any sewer availability charges as determined by the metropolitan council.
             
       4. Construction of the outdoor dining area may not begin prior to the issuance of a conditional use permit.
          
       5. The outdoor dining area shall not create a hazard or block access for emergency services.
          
   13. Taprooms may only be used in conjunction with a brewery, brewpub, microbrewery, or microdistillery.
   14. Warehousing for material such as building materials, contractor's equipment, furniture, food, fabrics, hardware and similar goods must be entirely contained in an enclosed roofed building, provided that such permitted storage buildings shall not store scrap or junk metals, petroleum and other inflammable fluids in aboveground tanks, paint and paint materials, discarded or salvaged material, or be used for wrecking, crushing or dismantling of motor vehicles.

(Code 1975, § 470:02; Code 1998, § 30-643; Ord. No. 474, 10-14-2024)

1. The purposes of interim uses are to allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive plan, and to allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future.
   1. A public hearing before the planning commission is required with notice of the time, place and purpose of the hearing published in the official newspaper at least ten days prior to the day of the hearing, and mailed notice provided to each owner of affected property situated wholly or partly within 350 feet of the property for which the IUP is sought provided that failure to give mailed notice, or defects in the notice, shall not invalidate the proceedings, as long as a bona fide attempt to comply was made. The interim use permit is adopted by resolution by the city council.
   2. Standards of issuance.
      1. Every interim use permit issued shall terminate upon a date or event that can be identified with certainty, with the maximum duration of five years from the date of approval.
      2. In the final six months of each approved term, the applicant may request an extension to the permit of up to five years. An application for the extension is the same process as requesting an initial interim use permit.
      3. The council may attach such conditions to the interim use permit as it deems necessary in order to carry out the intent and purpose of this chapter and protect the public health, safety and welfare. These conditions may include a financial surety in an amount sufficient to remove the interim use and interim structures and/or site improvements upon expiration of the interim use permit.
   3. Termination. An interim use permit shall terminate upon the occurrence of any of the following events: whichever first occurs:
      1. The date stated in the permit;
      2. A violation of conditions and subsequent revocation of the permit; or
      3. Revocation resulting from a cessation of the interim use for 30 consecutive days.
      4. Change of ownership of the property.
      5. Change of business entity or tenant occupying the property.
      6. The extension of sanitary sewer and water services to the site for uses approved specifically without municipal services.
   4. The interim use permit is adopted by resolution.
   5. The property owner must sign an agreement understanding the limitations and conditions of the interim use.

(Code 1975, § 470:03; Code 1998, § 30-644; Ord. No. 474, 10-14-2024)

1. Some permitted and interim uses are further regulated based on the standards below:
   1. Outdoor dining areas built on public property in a business or park districts shall be subject to the following conditions:
      1. The application shall require the following items and conditions to be met prior to acceptance by the city:
         1. The applicant must possess a valid food establishment license.
         2. The applicant must possess a valid liquor license if any type of alcohol is to be served.
         3. A narrative describing the following:
            1. The need for the requested outdoor dining area.
            2. How the area will be used.
      2. A detailed site plan showing how the outdoor dining area will be layout with dimensions including:
         1. A pathway for pedestrian traffic that is delineated from other traffic, is no less than 72 inches in width, and is compliant with the Americans with Disabilities Act.
            
         2. Access points to the outdoor dining area.
         3. Barriers between the outdoor dining area, pathways, and traffic.
         4. Amount of seating.
      3. The city shall not issue an interim use permit unless the following conditions are met by the applicant:
         1. The applicant must provide a copy of liability insurance including:
            1. Insurance amounts of not less than $1,000,000 per occurrence and $2,000,000 in aggregate for commercial general liability.
            2. Liquor liability coverage if any alcohol is to be served.
            3. Insurance shall include the outdoor dining area.
            4. The city shall be included as additionally insured.
         2. Payment of all fees prescribed on the city's fee schedule and any sewer availability charges as determined by the metropolitan council.
      4. Construction of the outdoor dining area may not begin prior to the issuance of an interim use permit.
      5. The outdoor dining services shall not create a hazard or block access for emergency services.