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Sec. 117-51. Conditional use permits. <br />(a) Purpose. The purpose of this section is to provide the city with a reasonable degree of discretion in <br />determining the suitability of certain designated uses upon the general welfare, public health, and safety. A <br />conditional use is a use that, because of certain characteristics, cannot be properly classified as a permitted <br />use in the zoning district within which it is proposed. Conditional use permits are designed to meet the <br />problem which arises where certain uses, although generally compatible with the basic use classification of a <br />particular zone, should not be permitted to be located as a matter of right in every area included within the <br />zone because of hazards inherent in the use itself or special problems which its proposed location may <br />represent. <br />(b) Procedure. <br />(1) Request for conditional use permits, as provided within this chapter shall be filed with the city on an <br />official application form. Such application shall be accompanied by a fee and escrow as provided for in <br />section 117-48. Such application shall also be accompanied by a sufficient number of copies as required <br />by the zoning administrator of detailed written and graphic materials fully explaining the proposed <br />change, development, or use. The request shall be considered as being officially submitted when the <br />information requirements of this section are met. <br />(2) Proof of ownership or authorization: If the applicant is other than fee title owner, then the fee title <br />owner must also join in the application. <br />(3) Upon the request for a conditional use permit being officially submitted, a public hearing before the <br />planning commission shall be scheduled following proper hearing notification. <br />(4) Notice of hearing. <br />Notice of a hearing for a conditional use request shall consist of the following: <br />1. The address and a legal description of the parcel; <br />2. Description of request; <br />3. Time of hearing; <br />4. Place of hearing; and <br />5. Purpose of hearing. <br />b. The notice shall be published in the official newspaper at least ten days prior to the hearing and <br />written notification of said hearing shall be mailed at least ten days prior to all parcel owners <br />within 350 feet of the boundary of the parcel for which a conditional use is being sought. A copy <br />of the notice and a list of the property owners and addresses to which the notice was sent shall <br />be attested and made a part of the records of the proceeding. <br />C. For the purposes of written notification, and in the absence of more accurate information, the <br />parcel owner of record at the county shall be used. <br />d. Failure of a property owner to receive the notice shall not invalidate any such proceedings as set <br />forth within this section provided a good faith attempt has been made to comply with the notice <br />requirements of this section. <br />(5) When an applicant proposes any construction or alteration that would exceed a height of 200 feet <br />above ground level at the site, or any construction or alteration of greater height than an imaginary <br />surface extending upward and outward at a slope of 100 feet to one inch from the nearest point of the <br />nearest runway of a public airport, then the zoning administrator shall notify the Mn/DOT <br />commissioner at least 30 days in advance. <br />(Supp. No. 10, Update 3) <br />Created: 2021-10-01 10:38:19 [EST] <br />Page 1 of 5 <br />