SECTION 1204.01 PURPOSE:

The purpose of a conditional use permit is to provide the City of Sunfish Lake with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making this determination, whether or not the conditional use is land or buildings, the effect upon traffic into and from the premises, or on any adjoining roads, and all other or further factors as the City shall deem a prerequisite of consideration in determining the effect of the use on the general welfare, public health and safety.

SECTION 1204.02 PROCEDURE:

Pursuant to Minnesota Statutes 15.99, as may be amended, an application for a conditional use permit shall be approved or denied within sixty (60) days from the date of its official and complete submission unless notice of extension is provided by the City or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty (60) days unless this limitation is waived by the applicant. Additional City requirements are as follows:

A. Request for conditional use permits, as provided within this Ordinance shall be filed with the City Planner on an official application form. Such application shall be accompanied by a fee as provided for by City Council Resolution. Such application shall also be accompanied by five (5) large scale copies and one (1) reduced scale (11" x 17") copy of detailed written and graphic materials fully explaining the proposed change, development, or use. The request for conditional use permit shall be placed on the agenda of the first possible Planning Commission meeting occurring after thirty (30) days after the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with.

B. Proof of Ownership or Authorization: The applicant shall supply proof of title and the legal description of the property for which the conditional use permit is requested, consisting of an abstract of title or registered property abstract currently certified together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the requested conditional use permit.

C. Upon receipt of said application, the City shall set a public hearing following proper hearing notification as applicable. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council. Notice of said hearing shall consist of a legal property description and description of request, and be published in the official newspaper at least ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within one thousand (1,000) feet of the boundary of the property in question (public right-of-way shall not be included in the one thousand (1,000) foot measurement). The City Planner shall have the right to provide additional property owners notification beyond the one thousand (1,000) foot distance if it is judged that the request will have impact upon additional properties. Records of the County Assessor shall be deemed sufficient for determining the location and ownership of all such properties. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding.

D. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Section provided a bona fide attempt has been made to comply with the notice requirements of this Section.

E. The City Planner shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the Planning Commission and the City Council.

F. The Planning Commission and City Council shall consider possible adverse effects of the proposed conditional use. Their judgment shall be based upon (but not limited to) the following factors:

1. The proposed action in relation to the specific policies and provisions of the official City Comprehensive Plan.

2. The proposed use's compatibility with present and future uses of the area.

3. The proposed use's conformity with all performance standards contained herein.

4. The proposed use's effect on the area in which it is proposed.

5. The proposed use's impact upon property values in the area in which it is developed.

6. Traffic generated by the proposed use is in relation to capabilities of streets serving the property.

7. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and the City's service capacity.

G. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this Ordinance. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

H. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed request.

I. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Ordinance.

J. The City Council shall not consider a conditional use permit application until they have received a report and recommendation from the Planning Commission. If, however, the Planning Commission has not acted upon the request within a period of time sufficient to allow a decision to be made within the time requirements of Section 1204.02 (Procedures), the City Council may proceed with its consideration and action on the request.

K. Upon receiving the report and recommendation of the Planning Commission, the City shall place the report and recommendation on the agenda for the next regular City Council meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.

L. Upon receiving the report and recommendation of the Planning Commission, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

M. If, upon receiving said reports and recommendations of the Planning Commission, the City Council finds that specific inconsistencies exist in the review process and thus the final recommendation of the City Council will differ from that of the Planning Commission, the City Council may before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a specific request.

N. Approval of a request shall require passage by three of five (3 of 5) votes of the entire City Council.

O. Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for the conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least one (1) year from the date of its denial, except as follows:

1. The City Council determines that an application is different from that applied for within a one (1) year period.

2. If the City Council determines by a vote of not less than three of five (3 of 5) that the circumstances surrounding a previous application have changed significantly.

P. If a request for a conditional use permit receives approval of the City Council, the applicant shall record such with the County Recorder within thirty (30) days of the City Council approval date. The applicant, immediately upon recording such or as soon as is reasonably possible, shall furnish the City proof of recording. No building permits for the property in question will be granted until such proof of recording is furnished to the City.

SECTION 1204.03 APPLICATION:

The conditional use permit and the stipulations, limitations and conditions therein shall be applied to the property in question.

SECTION 1204.04 INFORMATION REQUIREMENT:

The information required for all conditional use permit applications generally consists of the following items, and shall be submitted when requested by the City:

A. Site Development Plan:

1. Location of all buildings on lots including both existing and proposed structures.

2. Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in question.

3. Vehicular circulation. 

4. Architectural elevations (type and materials used on all exterior surfaces).

5. Location and type of all proposed exterior lights.

6. Curb cuts, driveways, number of parking spaces.

7. Soil tests and classification.

8. Location and dimensions of septic systems and drain field.

9. Location of existing or proposed wells.

10. Fire protection measures.

11. If property is in excess of five (5) acres, a resubdivision plan.

B. Dimension Plan:

1. Lot dimensions and area.

2. Dimensions of proposed and existing structures.

3. "Typical" floor plan and "typical" room plan.

4. Existing setbacks of all buildings located on property in question.

5. Proposed setbacks.

6. Existing and proposed easements.

C. Grading and drainage plans, pursuant to Section 1204.04, which include but are not limited to:

1. Existing contours, minimum two (2) feet vertical separation.

2. Proposed grading elevations.

3. Drainage configuration, including drainage and utility easements.

4. Spot elevations.

5. Proposed road profile.

6. Erosion control measures, including provisions for on-site sedimentation control.

D. Landscape Plan:

1. Location of all existing trees, type, diameter, and which trees will be removed.

2. Location, type and size of all proposed plantings.

3. Location and material used for all screening devices.

4. Method of soil stabilization (i.e., seeding or sodding).

SECTION 1204.05 AMENDED CONDITIONAL USE PERMITS:

An amended conditional use permit may be applied for and administered in a manner similar to that required for a new conditional use permit. Amended conditional use permits shall include re-applications for permits that have been denied, requests for substantial changes in conditions or expansions of use, and as otherwise described in this Ordinance.

SECTION 1204.06 LAPSE OF APPROVAL:

A. Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. The property owner or applicant shall have the right to submit an application for time extension in accordance with this section.

B. An application to extend the approval of a conditional use permit shall be submitted to the City Planner not less than thirty (30) days before the expiration of said approval. Such an application shall state the facts of the request, showing a good faith attempt to utilize the permit, and it shall state the additional time being requested to begin the proposed construction. The application shall be heard and decided by the City Council prior to the lapse of approval of the original request.

C. In making its determination on whether an applicant has made a good faith attempt to utilize the conditional use permit, the City Council shall consider such factors as the type, design, and size of the proposed construction, any applicable restrictions on financing, or special and/or unique circumstances beyond the control of the applicant which have caused the delay.

SECTION 1204.07 PERFORMANCE SECURITY:

A. Upon approval of a conditional use permit, the City shall be provided, when deemed necessary by the City Council, with a letter of credit or other form of security determined acceptable by the City Council, upon recommendation by the City Attorney. Said security shall be provided to the City prior to the issuing of building permits or initiation of work on the proposed improvement or development. Said security shall cover performance stipulations imposed by the City Council as may be applicable, and shall be non-cancelable and shall guarantee conformance and compliance with the conditions of the conditional use permit and ordinances of the City.

B. The security shall be in the amount equal to one hundred twenty-five (125) percent of the City Engineer's or City Building Official's estimated costs of labor and materials for the proposed improvements. Said project can be handled in stages upon the discretion of the City Engineer and Building Official.

C. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the City has been issued by the City Building Official.

D. Failure to comply with the conditions of the conditional use permit or the ordinances of the City shall result in forfeiture of the security.

E. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney.

SECTION 1204.08 INITIATION:

The City Council or the Planning Commission may, upon their own motion, initiate a request for a conditional use permit in conformance with the provisions of this Ordinance. Any person owning real estate or having documented interest therein, may initiate a request for a conditional use permit for said real estate in conformance with the provisions of this Ordinance.