Agenda - Planning Commission - 07/27/2023

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1 (A) Duration of conditional use permits. A conditional use permit shall remain in effect as long as the 2 conditions agreed upon are observed and the permit holder is in compliance with all other 3 regulations or standards of this chapter. A conditional use permit shall become null and void one 4 year after the final action of the council if not initiated or utilized, or if the use is discontinued for a 5 continuous 12-month period, unless a petition for an extension of time in which to complete or 6 utilize the use that has been granted by the council. The city shall notify the CUP holder of these 7 time restrictions at time of issuance. Extension shall be requested in writing and filed with the city 8 at least 30 days before the expiration of the original conditional use permit. The request for 9 extension shall state facts showing a good faith attempt to complete or utilize the use permitted in 10 the conditional use permit. Such petition shall be presented to the planning commission for a 11 recommendation to the council and acted upon by the council. 12 (B) Public hearing notification mailing distance is 350 feet. 13 (C) The Conditional Use Permit is adopted by resolution. 14 (D) Recording of permit. A certified copy of any conditional use permit shall be recorded with the Anoka 15 County recorder or registrar of titles for record. The conditional use permit shall include the legal 16 description of the property. 17 (E) Amended conditional use permits. An amended conditional use permit may be applied for and 18 administered in a manner similar to that required for a new conditional use permit. Amended 19 conditional use permits shall include requests for substantial changes in conditions or expansions 20 of use, and as otherwise described in this chapter. Expansion or modifications of site improvements 21 and/or for buildings for conditional uses of less than 10 percent (footprint) shall be reviewed as an 22 administrative site plan review. 23 (F) Revocation of conditional use permits. In the event that violations of any conditions set forth in the 24 conditional use permit occur, the council shall have the authority to revoke the conditional use 25 permit. The following procedure shall be used to consider the revocation of a conditional use 26 permit. 27 (1) The parcel owner shall be notified of the possible violations of the conditional use permit and 28 given 30 days to correct the violation and submit a written response to the notice. 29 (2) If the violations are not corrected in the 30-day time frame, a public hearing conducted by the 30 city council shall be scheduled. 31 (3) At the public hearing for the purpose of revoking a conditional use permit the council shall 32 consider the written response of the parcel owner and evidence of the violation. With a 33 majority vote the City Council shall take one of the following actions: 34 a. Revocation of the conditional use permit by resolution adopt findings of fact and 35 conclusions that support revocation of the conditional use permit; 36 b. Finding no violation exists by motion; or 37 c. Directing compliance measures and timelines to correct the violation. 38 (4) Exigent circumstances. If the City finds that exigent circumstances exist requiring immediate 39 permit revocation, the Zoning Administrator may revoke the permit and provide a post- 40 revocation hearing before the City Council not more than 15 days after holder's receipt of 41 written notice of the hearing. Following such hearing, the City Council may sustain or rescind 42 the revocation, or may impose such other and further discipline as it deems appropriate. 43 (G) The conditions contained in a valid conditional use permit for an existing use that has become 44 permitted due to a change in the zoning district or zoning text will remain in effect only as to any 45 conditions related to site improvements. 46 (H) Additional standards for conditional use permits within the Mississippi River Corridor Critical Area 47 Overlay District are found in Section 910. 48 49 235 Interim Use Permit Page 32 of 160