10-20-2008 Planning Commission Packet

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(1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; • (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and � (3) That the proposed conditional use will comply with each of the applicable provisions of this chapter. (b) A conditional use permit may be revocable,may be granted for a limited time, or may be granted subject to such conditions as fhe council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions agreed upon 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 pernut shall include the legal description of the property included. (Code 1984, § 10.09(6)) . 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. (Code 1984, § 10.09(8)) 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 deternuned to be due to illness, natural disaster or acts of war. (Code 1984, � 10.09(9)) State law references: Conditional use permit duration, Minn. Stat. § 462.3595, subd. 3.