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RELEVANT LINKS: Minn. slat. s 462.3595, smba. A conditional use permit is a property right that "runs with the land" so it 3, attaches to and benefits the land and is not limited to a particular landowner. The state statute provides that a conditional use permit shall remain in effect as long as the conditions agreed upon are observed. The attorney general has A.G. Op. 59 -A -32 (February opined that time limits such as sunset provisions or automatic annual review 27,1990). to include possible termination are not consistent with state law. The attorney general explained that cities may not enact or enforce ordinance provisions for conditional use permits which allow the city to terminate permits regardless of whether or not the conditions agreed upon are reserved. However, a city can certainly revoke a conditional use permit if there is not substantial compliance with conditions, so long as the revocation is based upon factual evidence, after appropriate notice and hearing. If a city wishes to place time constraints on particular uses, then the appropriate zoning tool is an interim use permit, rather than a conditional Minn. slat. § 462.3597 use permit. A state law passed in 1989 authorizes interim use permits for a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Cities may wish to employ interim use permits for uses that are not consistent with the city's long term plan and vision for the particular area, or where the use itself has a limited lifecycle. Interim use permits should be provided for in the city's zoning ordinance. A public hearing is required prior to issuance, and the land owner generally enters into an agreement with the city. Cities should periodically review their zoning ordinances to determine whether the conditional uses listed are uses that remain appropriate for the particular zoning district, and to make sure the conditions under which the uses will be allowed are specifically set forth. Cities have broad legislative discretion when establishing uses and conditions in their ordinance. But when administering conditional uses set forth in the ordinance, cities are acting in their more limited quasi-judicial capacity and are constrained to applying the standards in the ordinance to the facts of a particular application. League of Minnesota Cities Information Memo: 611/2011 Zoning Decisions Page 5