01/12/2022 Item 7A, ZOTA-Administration Section

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2-3 § 1007.016 CONDITIONAL USE PERMITS. (1) Purpose. The purpose of this section is to allow the City to review uses, which because of their unique characteristics, cannot be permitted as of right in a particular zoning district, but which may be allowed upon showing that such use in a specified location will comply with all of the conditions and standards of this zoning ordinance. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and an annual review of the permit may be required. The permit shall be granted for a particular use and not for a particular person or firm. Conditional use permits may be granted in accordance with this subdivision for any use or purpose for which such permits are required or permitted by this ordinance or as listed as a conditional use for the zoning districts provided in §1007.080 through §1007.132 of this ordinance. (2) Submittal Requirements. The applicant shall include as part of the application, the submittal information as identified in §1007.020 (Site and Building Plan Review). (3) Procedure. An application for a conditional use permit shall be approved or denied within 60 days of the date of its official complete submission pursuant to Minnesota Statutes 15.99 unless extended pursuant to Statute or a time waiver is granted by the applicant. Additional City requirements are as follows: (a) The property owner or their agent shall file with the Zoning Administrator a completed application form together with the required submittals and a fee as required in §1007.000 (9) of this ordinance. The request for conditional use permit shall be placed on the agenda of the Planning & Zoning Board according to the City’s deadline and meeting schedule. (b) The City shall set the date for a public hearing and have notice of such hearing published in the legal newspaper at least 10 days prior to said hearing in accordance with Minnesota Statute 462.357, Subd. 3. (c) The City shall mail notice of the public hearing to all property owners within 350 feet of the property in question. Said notice shall be mailed at least 10 days prior to the day of the public hearing in accordance with Minnesota Statute 462.357, Subd. 3. Failure of any property owner to receive the mailed notification shall not invalidate the proceedings. (d) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general assistance in preparing a recommendation of the action to the City Council. (e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed conditional use. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed development application has been found to be consistent with the design standards listed in §1007.020 (4) of this ordinance.