Agenda - Planning Commission - 01/27/2022

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(g) Performance security. (1) Upon approval of a conditional use permit and when deemed necessary, the permittee shall provide the city with a financial surety, in an amount and form determined to be acceptable to the city. Said surety shall guarantee compliance with any required improvements or development associated with the issuance of the conditional use permit. Upon completion of the required improvements or development, the surety shall be returned to the permittee. The determination of acceptable completion of the required improvements or construction shall be a decision of the city. Failure to comply with required improvements or construction shall result in forfeiture of the surety and city il- planning commission shall have the authority to revoke the conditional use permit. (2) The permittee shall be responsible for all city costs incurred in administering the conditional use permit. When deemed necessary, the city shall have the authority to require the permittee to maintain a minimum balance in an escrow account at the city for the full term of the conditional use permit. The purpose of the surety is to ensure that the city will be reimbursed for city expenses incurred in the administration and enforcement of the terms of the permit. (h) Revocation of conditional use permits. In the event that violations of any conditions set forth in the conditional use permit occur, the GG61RGi1 planning commission shall have the authority to revoke the conditional use permit. The following procedure shall be used to consider the revocation of a conditional use permit. (1) The parcel owner shall be notified of the possible violations of the conditional use permit and given 30 days to correct the violation and submit a written response to the notice. (2) If the violations are not corrected in the 30-day time frame, a public hearing conducted by the city GeURGil- planning commission shall be scheduled. (3) At the public hearing for the purpose of revoking a conditional use permit the 696IReil planning commission shall consider the written response of the parcel owner and evidence of the violation. With a majority vote the 696IRGil planning commission shall take one of the following actions: Revocation of the conditional use permit. By resolution adopt findings of fact and conclusions that support revocation of the conditional use permit. By motion revoke the conditional use permit. This motion shall be the planning commission's final action on the revocation of a conditional use permit. b. Continuation of conditional use permit. By resolution adopt findings of fact and conclusions that support continuation of the conditional use permit. By motion confirm the continuation of the conditional use permit. (i) Appeal Procedure. The planning commission shall serve as the board. However, any action of the board may be appealed to the council by any affected person if notice of such an appeal is received by the zoning administrator within ten days of the final action of the board. (Code 1978, § 9.03.05; Ord. No. 73-05, 5-21-1973; Ord. No. 86-2, 8-25-1986; Ord. No. 03-20, 8-25-2003) State law reference(s)—Conditional uses and conditional use permits, Minn. Stats. § 462.3595. (Supp. No. 10, Update 3) Created: 2021-10-01 10:38:19 [EST] Page 5 of 5