Conditional Use Permit

Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable if conditions are attached. When such circumstances exist, a Conditional Use Permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for one or more particular uses, and, once granted, shall continue in effect provided no conditions of the permit are violated.

Application:

1. Whenever this Development Code requires a Conditional Use Permit, an application shall be filed with the Zoning Administrator.
2. The application shall be accompanied by development plans of the proposed use showing such information as may be deemed necessary by the Denmark Township Board.
    1. The scale of maps submitted shall be at least 1" to 200'. Maps for sites less than fifty (50) acres shall be at least 1" to 100'. The number of maps and reports to be submitted shall be specified by Township procedure. All maps shall be reduced and included in the applicable reports
    2. Certificate of Survey
    3. Site plan drawn to scale showing the following information:
1. Existing Conditions. Property lines and dimensions, building location and setbacks, dimensions of building, curb cuts, driveways, access roads, parking, off-street loading areas, septic system, and well.
2. Proposed Conditions. Property lines and dimensions, building location and setbacks, building dimensions, curb cuts, driveways, access roads, parking, off-street loading areas and any other proposed improvements.

d. Landscape Plan with the following information:

1. Existing vegetation, proposed plantings, plant schedule including information about the plant size, quantity, type and root condition and ground cover.

e. Grading, Drainage and Erosion Control Plan
f. Soil Conditions
g. Building Floor Plan
h. Building Elevations, noting exterior materials
i. General Location Map
j. Principal land uses within 200 feet of the property.
k. Proof of ownership in the form of Abstract of Title, Certificate of Title, Attorney’s Title Opinion, unrecorded documents where petitioner will acquire legal or equitable ownership.
l. Type of business or activity and proposed number of employees.
m. Primary and secondary septic systems and well locations.
n. Aerial photograph of site area.
o. An analysis or evaluation of the impact of the proposed use on the health, safety, and general welfare on the occupants of the surrounding lands.
p. A proposed plan for mitigation of any impacts on the health, safety, and general welfare on the occupants of the surrounding lands and the Township.
q. Such other materials as may be required by the policies and procedures adopted by the Township.

The zoning administrator on a case-by-case basis may waive certain items in writing. Notice and Hearing Procedure:
1. Upon receipt of an application that contains all required information, the Zoning Administrator shall refer the matter to the Planning Commission and establish a time for hearing on the application. From the date the Township Clerk/Treasurer receives the application containing all required information, the Township has sixty (60) days to take action on the request or the request shall be deemed approved, provided, however, that the Zoning Administrator may extend this time line by providing written notice of the extension to the applicant before the end of the initial sixty (60) day period. This notification must state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days. The deadline may also be extended as indicated in Minn. Stat. §15.99 Subd. 3.

2. Notice of the time, place and purpose of all public hearing shall be given by publication in the official legal newspaper of the Township at least 10 days before the hearing. The notice shall state the purpose, time and place of the public hearing.

3. Defects in the notice shall not invalidate the proceedings provided a bona fide attempt to comply with the provisions of this Section has been made.

Criteria for Granting Conditional Use Permits:
1. The Planning Commission may recommend to the Town Board to grant a Conditional Use Permit in any district, provided the proposed use is listed as a conditional use for the district and upon a showing that the standards and criteria stated in this Development Code will be satisfied and that the use is in harmony with the general purposes and intent of this Development Code and the Comprehensive Plan. In determining whether the proposed use is in harmony with the general purpose and intent of this Development Code and the Comprehensive Plan, the Planning Commission shall consider:

a. The impact of the proposed use on the health, safety and general welfare of the occupants of the surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and lands.
c. The effect of the proposed use on utility and school capacities.
d. The effect of the proposed use on property values and scenic views in the surrounding area.
e. The effect of the proposed use on the Comprehensive Plan.
f. The ability of the proposed use to meet the standards of the Development Code.
g. The effects of the proposed use on groundwater, surface water and air quality.
h. That the proposed use is allowed with a Conditional Use Permit in the designated zoning district in which it is proposed.

2. In connection with the issuance of Conditional Use Permits to nonconforming situations, the Town Board may require nonconformities to conform to the regulations contained in the zoning regulations and may impose such additional restrictions or conditions as it deems necessary to protect the public interest. When appropriate, restrictive covenants may be entered into regarding such matters.

3. The Town Board may impose, and the applicant shall pay costs incurred by the Zoning Administrator for monitoring compliance with the conditions of the Conditional Use Permit.

Compliance:
The use shall conform to the applicable sections of this Development Code.

Length of Conditional Use:
Any use permitted under the terms of any Conditional Use Permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith. Conditional Use Permits shall remain in effect for so long as the conditions agreed upon are observed, provided that nothing in this section shall prevent the Township Board or the Planning Commission from acting or amending Official Controls to change the status of conditional uses. The Township shall be notified in writing within ten (10) days of the transfer of the land which is subject to a Conditional Use Permit. Said notice shall be provided by the seller of said land and shall include notification of the buyers, name, address, telephone number, and certification that the seller has provided the buyer with a copy of the Conditional Use Permit and the notice to the Township. A Conditional Use Permit, once granted, runs with the land.

Expiration of Conditional Use Permit:
A Conditional Use Permit shall expire and be considered null and void one (1) year after it has been issued if, in the Town Board’s determination, construction has not substantially begun or if use has not been substantially established. Taking preliminary steps, such as the clearing of land, are not alone sufficient to constitute a substantial start of construction.

Revocation:
1. A violation of any condition set forth in a Conditional Use Permit shall be a violation of this Development Code, and failure to correct said violation within the time period established by the Township Board or no later than thirty (30) days of written notice from the Zoning Administrator may result in the revocation of the permit.

2. Prior to revoking a Conditional Use Permit, the Town Board shall provide the permittee at least ten (10) days’ written notice of a hearing to be held by the Town Board regarding the revocation of the Conditional Use Permit.

3. If, at the conclusion of the hearing, the Town Board determines the violation or violations have not been corrected, it may revoke the Conditional Use Permit and record notice of the revocation against the affected property. As an alternative to immediately revoking the Conditional Use Permit, the Town Board may issue a corrective order that, if not fully complied with by the date or dates set out in the order, shall cause the Conditional Use Permit to be revoked without further action by the Town Board. The Township shall provide the permittee written notice of a revocation or a copy of a corrective order if one is issued. Once revoked, all uses allowed by the Conditional Use Permit shall immediately cease.

Records of Conditional Uses:
1. A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles.

2. The Township Clerk/Treasurer shall maintain a record of all Conditional Use Permits issued including information on the use, location, conditions imposed by the Township, time limits, review dates and such other information as may be appropriate.

3. A copy of the filed permit, bearing a notation of the filing date shall be mailed to the applicant.

4. Two copies of as built plans must be submitted to Township upon completion.

Amended Conditional Use Permits:
Amended Conditional Use Permits shall be requests for changes in conditions of the existing permit. An amended Conditional Use Permit application shall be administered in a manner similar to that required for a new Conditional Use Permit.

Reapplication:
No application for a Conditional Use Permit for a particular use on a particular parcel of land shall be resubmitted for a period of six (6) months from the date of the denial of the previous application.

Planning Commission Decision and Appeal Process:
A decision of the Planning Commission as it relates to a Conditional Use Permit is a recommendation to the Denmark Town Board. The matter will be placed on the next Denmark Town Board Regular Agenda and a final decision will be made by the Denmark Town Board, at which time the decision will take effect and shall be considered final. An applicant may appeal such decision by filing an appeal as provided in Minn. Stat. § 462.361 or as may otherwise be provided in law.

Phased Developments:
In order to preserve an appropriate flexibility in the development plans for a large project that is to be developed over a number of years, a preliminary plan may be approved after a public hearing. The developer would then seek approval of the final plan in stages as he progresses with development. No additional public hearings need be held unless the developer proposes to make a substantial change from the plans or conditions included in the Conditional Use Permit when it was granted approving the preliminary plan. Enlargement, intensification of use or similar changes not specifically permitted by the Conditional Use Permit issued, shall be considered substantial changes.

Existing Uses:
All uses existing at the time of adoption of this Development Code that now require a Conditional Use Permit may continue in the same manner of operation as the use did upon the effective date of this Development Code. Any enlargement, structural alteration or intensification of use shall require a Conditional Use Permit as provided for above. Additional reasonable conditions may be imposed for the continuation of such use in accordance with the hearing provisions as set forth in Section 9 of this chapter, Variances and Notice and Hearing Procedure

Application Checklist:
□ Application
□ Escrow Policy
□ Site Map with any improvements marked (house, building, well, septic, driveway)
□ County Certification of No Delinquent Taxes (Washington County Auditor’s Office-651-430-6175)
□ Certified list of the names and addresses of all property located within 500 feet of all continuous property. (Washington County Surveyor’s Office-651-430-4300; The county charges a fee for the search and takes 7-10 working days. They will proved you with mailing labels for all the names on the list, submit labels with application)
□ Plan/Proposal (in both hard copy and electronic if possible)
□ Application Permit Fee of $100.00
□ Required Escrow Deposit of $2,000.00
□ Landscaping and screening plan
□ Finished drainage and grading plan
□ Information about the business or activity
□ Proposed floor plan and elevations
□ Proposed parking plan
□ Soil type and limitations for intended use
□ Location map
□ A map showing all land uses within 500 feet.

*Permit fee and escrow deposit per fee schedule.