11.80 - Conditional Uses § 11.80
Section 11.80: Conditional Uses
Subdivision 1. Purpose and Intent
It is the purpose and intent of this Section to provide the City with a reasonable
degree of discretion to determine the suitability of certain uses with characteristics
which may be appropriate within a given zoning district but which might have an
unusual impact upon surrounding properties or which might otherwise adversely
affect the future development of the City or the general public health, welfare, or
safety of the property or residents therein. A conditional use permit shall be
required for those occupations, vocations, skills, businesses, or other uses
specifically designated in each Zoning Use District as requiring such a permit.
Subdivision 2. Procedure
A. An application for a conditional use permit may be made by any
governmental body, department, board, or commission, or by any person or
persons, individual or corporate, having a legal interest in the property
described in the application. All applications shall be filed with the City
Manager or his/her designee in triplicate.
Source: Ordinance No. 540
Effective Date: 5-7-81
B. A fee as adopted by resolution of the Council shall be required for the filing of
each application.
Source: Ordinance No. 573
Effective Date: 8-27-82
C. Each property site shall require its own application. Single applications may
not be made for noncontiguous or scattered sites.
D. Each application shall be considered on its own merits.
E. The City Manager or his/her designee shall refer the application to the
Planning Commission. An informal public hearing shall be held on each
application within thirty (30) days after submittal of the application to the
Planning Commission.
F. The applicant and all property owners within five hundred (500) feet of the
subject site shall be notified of the informal public hearing by the U.S. mail,
not less than ten (10) days prior to the date of this informal public hearing.
Such notice shall include the date, time, and place of the hearing and shall
reasonably identify the subject site.
G. The Planning Commission shall make findings and recommendations to the
Council based upon any or all of the following factors (which need not be
weighed equally):
1. Demonstrated need for the proposed use.
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§ 11.80
2. Consistency with the Comprehensive Plan of the City.
3. Effect upon property values in the neighboring area.
4. Effect of any anticipated traffic generation upon the current traffic flow
and congestion in the area.
5. Effect of any increases in population and density upon surrounding land
uses.
Source: Ordinance No. 540
Effective Date: 5-8-81
6. Compliance with the City's Mixed-Income Housing Policy (if applicable to
the proposed use.)
Source: Ordinance No. 631
Effective Date: 3-15-18
7. Increase in noise levels to be caused by the proposed use.
8. Any odors, dust, smoke, gas, or vibration to be caused by the proposed
use.
9. Any increase in flies, rats, or other animals or vermin in the area to be
caused by the proposed use.
10. Visual appearance of any proposed structure or use.
11. Any other effect upon the general public health, safety, and welfare of the
City and its residents.
H. The Planning Commission shall present its findings and recommendations in
writing to the Council within thirty (30) days following the date of the
informal public hearing.
I. Upon receiving the findings and recommendations of the Planning
Commission, the Council shall call and conduct an official public hearing to
consider the application.
3. Notice of the official public hearing shall be published in the official
newspaper of the City not less than ten (10) days prior to the date of the
hearing. Such notice shall include the date, time, and place of the hearing
and shall reasonably identify the subject site. In addition, copies of the
written notice in the form thus published shall be mailed to the applicant and
to all property owners within five hundred (500) feet of the subject site not
less than ten (10) days prior to the date of such official public hearing.
K. The Council shall make findings and shall grant or deny a permit based upon
any or all of the factors found at Subparagraph G. above. The Council may
make its approval of the permit contingent upon such conditions as it
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§ 11.80
determines necessary to prevent or minimize injurious effects upon the
neighborhood. The Council may also require that sufficient performance
bonding by an acceptable surety be supplied by the property owner to insure
satisfactory compliance with the conditions imposed by the conditional use
permit.
L. The Council shall set forth in writing its decision, and the specific reasons for
such decisions, within sixty (60) days following the official public hearing.
The applicant shall be notified in writing of the Council's decision. If the
application is denied in whole or in part or conditions are imposed, the
reasons for such denial or for the imposition of conditions, shall accompany
this notification.
M. No application which has been denied wholly or in part shall be resubmitted
for a period of six (6) months from the date of said denial, except on the
grounds of new evidence or upon proof of changes of conditions. Each
resubmission shall constitute a new filing and a new filing fee in an amount
adopted by resolution of the Council shall be required.
Source: Ordinance No. 540
Effective Date: 5-8-81
N. Unless extended by the Council in its sole discretion for an additional period
of up to twelve (12) months, construction and all other pertinent
implementation relating to an approved conditional use permit must begin
within twelve (12) months of the date that the conditional use permit is
approved or the conditional use permit shall be deemed null and void.
Source: Ordinance No. 273, 2nd Series
Effective Date: 11-15-02
0. The Council shall have the right to revoke or suspend any conditional use
permit whenever the terms or conditions of such permit have been violated
or broken. All such action by the Council to revoke or suspend a conditional
use permit shall be by means of a majority affirmative vote of Council
Members.
Source: Ordinance No. 256, 2nd Series
Effective Date: 8-16-01
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