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• CHAPTER 15 Northpoint Plaza v.City of There is a constitutionally protected property interest in a conditional use Rochester,465 N.W.2d 686 permit and that interest runs with the land. (Minn.1991). - Conditional use permits issued for only a limited time and subject to renewal Minn.stat.§462.3597. may not be valid. Use of an interim use permit or a licensing ordinance in these situations, instead of issuing a limited time conditional use permit,may be appropriate. SuperAmerica Group,Inc.v. A conditional use permit may be denied only for reasons relating to public City of Little Canada,539 health, safety, and general welfare, or for incompatibility with a city's land N.W.2d 264(Minn.Ct.App. 1995). use plan--even if the zoning ordinance does not specify these reasons. Schwardt v.County of A court will review a decision on a condition use permit independently to see Watonwan,656 N.W.2d 383 whether there was a reasonable basis for the decision, or whether the decision (Minn.2003). was enacted unreasonably, arbitrarily or capriciously. A denial of a Yang v.County of carver,660 conditional use permit is arbitrary and capricious where the proposed use N.W.2d 828(Minn.Ct.App. meets the requirements specified by the relevant zoning ordinance and the 2003). reasons for the denial have no factual basis in the record. Once an applicant Citizen.:for a Balanced City v. meets the requirements for granting a conditional use permit, approval of a Plymouth Congregational Church,672 N.W.2d 13(Minn. permitted use follows as a matter of right. Ct.App 2003). • Sunrise Lake Assn v Chisago A conditional use permit may not be granted for a use prohibited in the CountyBd.of Comm'rs,633 Zoning district. N.W.2d 59(Minn.Ct.App. 2001). Citizens for a safe Grant v. Citizens may bring a lawsuit to enjoin a use when a governmental unit fails to Lone Oak Sportsmen's Club, enforce a conditional permit ordinance. 624 N.W.2d 796(Mum.Ct. App.2001). IX. Non-conforming uses SLS P'ship v.City of Apple Upon the creation of a zoning district, certain uses will be allowed and others Valley,511 N.W.2d 738(Minn. will be prohibited.Non-conforming uses are uses that were legally in effect 1994). prior to the creation of the zoning district and, in recognition of the landowner's property rights, are allowed to continue even though such uses are now prohibited. One reason for identifying non-conforming uses in a zoning ordinance is to secure the gradual or eventual elimination of non- conforming uses. Besides being allowed to remain in effect, non-conforming uses also escape requirements subsequently enacted, such as setback requirements. A zoning ordinance may be amended to identify new,non- conforming uses,thus making what was once a permitted use into a non- conforming use if there is a reasonable basis for this decision. ` HANDBOOK FOR MINNESOTA CITIES 15-21 1 This chapter last revised 12/15/2004