02-16-2021 Planning Commission Packet

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(c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (Code 1984, § 10.09(6); Ord. No. 77 3rd series, § 1, 7-12-2010) Sec. 78-917. -Denial of permit. The council shall set forth contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit application. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the planning commission. (Code 1984, § 10.09(7)) Sec. 78-918. -Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit application.A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator. The council may grant or deny an application for renewal of a conditional use permit. In no case shall more than three, one year extensions be granted. (Code 1984, § 10.09(8); Ord.No. 153 3rd series, § 4, 8-10-2015) Sec. 78-919.-Lapse of use. Should a conditional use permit lapse or cease for a period of six months, future use shall be in conformance with the terms of this chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war. (Code 1984, § 10.09(9)) State Law reference—Conditional use permit duration, Minn. Stat. § 462.3595, subd. 3. Sec. 78-920. -Conditional use permits for nonconforming uses. All nonconforming uses actually and legally existing on December 1, 1974, shall be issued a conditional use permit upon application not later than January 1, 1976. Such conditional use permit shall allow the continuation of the nonconforming use to the same extent and degree as then existing on December 1, 1974. Such permits shall be granted without application fee, and the council shall be limited in such permits to the full and accurate statements of the conditions pertaining to the existing uses. Such permits shall not be subject to periodic review. (Code 1984, § 10.09(10)) Sec. 78-921. -Conditional use permit review.