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RELEVANT LINKS:
<br /> D. Other conditions on permits
<br /> 1. Permitted
<br /> Reasonable conditions relating to the ordinance standards may be attached
<br /> to a CUP based upon factual evidence contained in public record. For
<br /> example, if a zoning ordinance provides that a conditional use should not
<br /> have adverse visual or noise impacts on any adjacent property, a city
<br /> might require specific screening and landscaping conditions to address any
<br /> potential impacts established in the record.
<br /> 2. Not permitted
<br /> ���r,�, ���,� ,�r,, ;>��, ,�n�i State statute provides that a CUP remains in effect as long as the
<br /> �<, c,� �U � .,u�nr���� conditions agreed upon are observed. The attorney general has found that
<br /> ,� '"y"� time limits such as sunset provisions or automatic annual review are not
<br /> consistent with state law, explaining that cities may not enact or enforce
<br /> provisions that allow a city to terminate CUPs without regard to whether
<br /> or not the conditions agreed upon are observed.
<br /> If a city wishes to place time constraints on particular uses, then the
<br /> appropriate zoning tool is an interim use permit, rather than a conditional
<br /> n���,�, ,�.,� . a�,, ;;v�
<br /> use permit. State law authorizes interim use permits for a temporary use of
<br /> property until a particular date, until the occurrence of a particular event,
<br /> or until zoning regulations no longer permit it.
<br /> IV. Public hearings
<br /> n���,�, �t,,� ,��,, �;�» ,�,n� A proposed conditional use is allowed only after a statutorily required
<br /> tii�„�, �<<,� ,ar,� 3,� ���n� public hearing. The city must provide published notice of the time,place,
<br /> ; and purpose of the hearing on a proposed CUP at least 10 days prior to the
<br /> LMC mformation memo, day of the hearing. If the decision affects an area of five acres or less, the
<br /> <<>,�„�h�,r„<��i�,� c ,�����, city may need to mail notice to property owners within a 350-foot radius
<br /> Sectwn IV-G2-b on
<br /> conduchng public heanngs of the land in question. The purpose of the public hearing is to help
<br /> develop a factual record as to whether the applicant meets the relevant
<br /> ordinance standards such that the CUP should be granted.
<br /> League of Minnesota Cities Information Memo 1/11/2019
<br /> Land Use Conditional Use Permits Page 3
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