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iMmn 19'21). <br /> <br />Mmn SUll 9 402.3397 <br /> <br />Fl ',V.2d 26a !Minn. Ct. Apo <br />N.W 2d :~2~ (Mm~ CI. App <br /> <br />N 'vV 2d ~c) L~hJ~n r?l App <br /> <br />624 N.W2d 7qfl IMilm Ct <br /> <br />-~pp 2001 ~ <br /> <br />There is a constitutionally protected property interest in a c0n'ditional use <br />permit and that interest runs witi( the land. <br /> <br />Conditional use permits issued for only a limited m~ne and subject to mne~val <br />may not be valid. Use of an interim use permit or a licensing ordinance in <br />these situations, instead of issuing a limited time conditional use permit, may <br />be appropriate. <br /> <br />A conditional use permit may be denied only for reasons relating to public <br />health, safety, and general welfare, or for incompatibility with a Ci~,'s land <br />use plan--even if the zoning ordinance does not specif'y these reasons, <br /> <br />A court will review a.decision on a condition use permit independendy to see <br />whether there was a reasonable basis for the decision, or whether the decision <br />was enacted unreasonably, arbitrarily or capriciously. A denial of a <br />conditional use permit is arbitrary and capricious where the proposed use <br />meets the requirements specified by the relevant zoning ordinance and the <br />reasons i'or the denial have no factual basis in the record. Once an applicant <br />meets the requirements for granting a conditional use permit, approva <br />permitted use i'ollows as a mat-ter of right. <br /> <br />A conditional use permit may not be granted for a use prohibited in the <br />zoning district. <br /> <br />Citizens may bring a lawsuit to enjoin a use when a governmental unit tails to <br />enforce a conditional permit ordinance. <br /> <br />3'/.,?/' 'xht,o r (?iLv o£.4ppie <br />I, ulley. 3ii N W.2d 73x Minn, <br />t ')q4l <br /> <br />IX. Non-conforming uses <br />Upon the creation ora zoning district, certain uses ¥ill be allowed znd others <br />will be prohibited. Non~confon'ning uses are uses that were legally in effect <br />prior to the creation of the zoning district and, in recognition of the <br />landowner's proper~y righm, are allowed to continue even though such uses <br />are now prohibited. One reason fbr identi~'ing non-conforming uses in a <br />zoning ordinance is to secure the gradual or eventual dimination of non- <br />conforrnin~ uses. Besides being allowed to remain in effect, non-conforming <br />uses aiso escape requirements subsequendy enacted, such as setback <br />requirements. A zoning ordinance may be amended to identity new. non- <br />confbrming uses. thus makin~ wha~ was once a permitted use into a non- <br />conforming use it'there is a reasonable basis for d~is decision. <br /> <br />Th~.s cimpter ias[ re',,tscd <br /> <br />91 <br /> <br /> <br />