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Who grants the CUP? A CUP is typically approved by the city council. Planning commissions often first consider the CUP application and make recommendations to the city council. State statute allows the city council to designate its CUP approval to another authority,and some cities have designated the planning commission as the approving body. In any event,the city council is generally makes the final decision on CUPs. When can a CUP be granted? If a proposed conditional use satisfies both the general and specific standards set forth in the zoning ordinance,the applicant is entitled to the conditional use permit. Importantly, if the applicant meets the general and specific ordinance standards, the city usually has no legal basis for denying the CUP. What kind of authority is the city exercising? A city exercises so-called"quasi-judicial" authority when considering a CUP application. This means that the city's role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards. If the applicant meets the standards,then the CUP should be granted. In contrast, when the city in zoning ordinance designates certain uses as conditional, the city is exercising "legislative"authority and has much broader discretion. What is the public hearing requirement? A proposed conditional use is allowed only after a statutorily required public hearing. The city must provide published notice of the time, place, and purpose of the hearing on a proposed CUP at least 10 days prior to the day of the hearing. If the decision affects an area of five acres or less, the city may need to mail notice to property owners within a 350-foot radius of the land in question. The purpose of the public hearing is to help develop a factual record as to whether the applicant meets the relevant ordinance standards such that the CUP should be granted. What is the role of neighborhood opinion? Neighborhood opinion alone is not a valid basis for granting or denying a CUP. While city officials may feel their decision should reflect the overall preferences of residents, their task is limited to evaluating how the CUP application meets the ordinance standards. Residents can often provide important facts to help the city address whether the application meets the standards, but unsubstantiated opinions and reactions to an application do not form a legitimate basis for a CUP decision. If neighborhood opinion serves as the sole basis of the decision, it could be overturned by a court if challenged. When should a CUP decision be made? A written request for a CUP is subject to Minnesota's 60-day rule (state statute section 15.99), and must be approved or denied within 60 days of the time it is submitted to the city. A city may extend the time period for an additional 60 days, but only if it does so in writing before expiration of the initial 60-day period. Under the 60-day rule, failure to approve or deny a request within the statutory time period is considered an approval. 2 Small Cities Track-2011 Planning&Zoning 101—16