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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. Golden Valley City Code Page 1 of 3 § 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 Golden Valley City Code Page 2 of 3 § 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 Golden Valley City Code Page 3 of 3