A conditional use is one that may or may not
be compatible with other uses in the district within which it is located.
The compatibility of the proposed use must be judged on the basis
of the particular circumstances and may require the imposing of conditions.
The procedure for issuance of a conditional use permit as provided
for in this chapter is as follows:
A.
The applicant for a conditional use permit shall file the application in writing in the office of the Zoning Administrator and pay a fee as provided in Chapter 86, Fees, when the application is filed.
B.
The Zoning Administrator shall refer the application
to the Planning Commission. Property owners within 200 feet of the
property in question shall be given notice of pendency of the application
and when the same will be considered by the Planning Commission, although
failure of any property owner to receive such notification shall not
invalidate the proceedings. It shall be the responsibility of the
Zoning Administrator to cause said notices to be mailed. The Zoning
Administrator shall also cause notice of the date, time and place
at which the Planning Commission anticipates it will consider said
application to be mailed to the applicant. All notices required to
be mailed pursuant to this section shall be mailed at least five days
prior to the date upon which the application will be considered.
C.
The Planning Commission shall consider the application
at its next regular meeting, after compliance with notice requirements
of this section.
D.
The applicant or his or her representative shall appear
before the Planning Commission and answer any questions concerning
the proposed conditional use. If the applicant or his or her representative
fails to so appear, the Planning Commission may recommend denial of
the application.
E.
The Planning Commission shall consider possible adverse
effects of the proposed conditional use and what additional requirements
may be necessary to prevent such adverse effects.
F.
The reports of the Planning Commission containing
its findings and recommendations shall be referred to the City Council
and placed on the agenda of the Council at its next regular meeting
following referral from the Planning Commission.
G.
The City Council shall take action on the application
within 60 days after receiving the report of the Planning Commission.
In determining whether or not to allow the conditional use, the Council
shall consider the nature of the adjoining land or buildings, the
effect upon traffic, whether similar uses are in existence on nearby
premises and such other factors as the Council deems appropriate,
including the recommendations of the Planning Commission. If it grants
the conditional use permit, the City Council may impose any special
conditions it considers necessary to protect the public's health,
safety and welfare. If the permit is denied the Council shall advise
the applicant of the reasons within 10 days of the date of decision.
No use shall be allowed which is not compatible for the zone in question.
A.
An amendment to this chapter may be initiated by the
City Council, the Planning Commission or by a petition of the affected
property owners.
B.
All requests for amendment not initiated by the Planning Commission shall be referred to the Planning Commission and the procedures contained in Chapter 29 of the Code of the City of Breckenridge establishing a Planning Commission for the City of Breckenridge, Minnesota, defining its powers and duties and establishing its procedures and any amendments to or replacement of this chapter shall be complied with before any amendment becomes effective, except that only one public hearing need be held either by the Planning Commission or the City Council.
C.
Prior to adopting any amendment which would change
the zoning classification of any area, the following factors shall
be considered by the Planning Commission before making its recommendation
to the Council and shall thereafter be considered by the Council prior
to changing a zoning classification:
(1)
Relationship of the proposed amendment to the Comprehensive
Plan.
(2)
The geographic area involved.
(3)
Whether the amendment will have an adverse affect
on property value.
(4)
The character of the surrounding area.
(5)
The demonstrated need for the amendment.
(6)
Any other factor deemed appropriate.
