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economic welfare of the community. <br /> (4) The conditional use will have vehicular approaches to the <br /> property which are so designed as not to create traffic <br /> congestion or an indifference with traffic on surrounding <br /> public thoroughfares. <br /> (5) Adequate measures have been taken to provide sufficient <br /> off-street parking and loading space to serve the proposed <br /> use. <br /> (6) Adequate measures have been taken or will be taken to <br /> prevent or control offensive odor, fumes, dust, noise, and <br /> vibration, so none of these will constitute a nuisance and to <br /> control lights and signs in such a manner, that no <br /> disturbance to neighboring properties will result. <br /> (7) The conditional use will not result in the destruction, loss <br /> or damage of a natural, scenic or historical feature of major <br /> significance. <br /> (8) The conditional use will promote the prevention and <br /> control of pollution of the ground and surface waters <br /> including sedimentation and control of nutrients. <br /> The League of Minnesota Cities Handbook states the following regarding land <br /> uses and conditional uses (emphasis added): <br /> "A key feature of zoning ordinances is to divide areas of the city into districts and <br /> then list the permitted and conditional uses. Permitted uses are those that the <br /> zoning ordinance allows outright. <br /> It is generally arbitrary and unlawful to deny a permit for a permitted use unless <br /> the zoning of the property is subsequently changed to prohibit that use. <br /> Conditional uses are those activities that the zoning ordinance permits if certain <br /> conditions set forth in the city ordinance are met. The city must grant the <br /> conditional use permit (CUP) if the applicant satisfies all the conditions. <br /> Conditional uses remain in effect indefinitely as long as the use complies with the <br /> conditions. Once issued, a CUP's conditions may not be unilaterally altered by the <br /> city, unless a violation of the CUP has occurred. <br /> It is important to stress that conditional uses, like permitted uses, must be <br /> allowed if the applicant can prove that the application meets all of the conditions <br /> and requirements of the city's ordinance and will not be detrimental to the <br /> health, safety, and welfare of the public. As a result, the list of conditional uses <br /> should only contain uses that the city is certain should be allowed once <br /> Pequot Lakes Staff Report 5.1-5 <br /> July 21,2022 <br />