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is consistent) allowing landowners to break a articular rule, perhaps the need for the rule should Y g p be revisited. It could appear that the properties' plight was not particularly unique, or even that there is not an underlying reasonable basis for the rule. City councils have broad legislative authority when writing the rules, but when evaluating a variance application cities are limited to the quasi judicial role of applying the state undue hardship standards to the facts before them. Conditional and Interim Use Permits Whether to grant or deny a conditional use permit application is High ht another zoning decision that is quasi-judicial in nature. A conditional use is a use that is generally compatible with a Conditional use permits particular zoning district but because of hazards inherent in the are authorized under use itself or because of special problems that its proposed location Minn. Stat. §462.3595. .may present, the use is allowed by permit only if the special concerns are addressed as set forth in the zoning ordinance. The zoningordinance typically details both the general standards that apply to all conditional uses, Yp Y and the specific conditions that apply to a particular conditional use in a given zoning district. The conditions must be reasonable and practical. Unlike a permitted use, which a landowner is generally entitled to as a matter of right, a conditional use is allowed only after a statutorily g Y g required public hearing. Reasonable conditions may be attached to a conditional use permit based q p g upon factual evidence contained in public record. City councils sometimes misunderstand the level and the nature of discretion they have when reviewing Learn More applications for conditional use permits. If a proposed conditional use satisfies the conditional use standards set [the rn more about land use issues in forth in the zoning ordinance, then generally the land use section of the League's . . site. landowner is entitled to the conditional use permit. The city made the legislative decision about the appropriateness of a kind of use in a zoning district when the council adopted the ordinance providing rovidin for the use as conditional. When considering a conditional use permit application, the city is tasked with the more limited quasi-judicial role of considering whether the facts of a particular application satisfy the standards set forth in the ordinance. If the belief is that a kind of use is a unacceptable in given zoning district, then consider not listing the use as a conditional one p in the district in the first instance. A conditional use permit is a property right that"runs with the land" so it attaches to and benefits p p p Y the land and is not limited to a particular landowner. The state statute provides that a conditional use permit shall remain in effect as long as the conditions agreed upon are observed. The attorney general has opined that time limits such as sunset provisions or automatic annual review to include g p possible termination are not consistent with state law. The attorney general explained that cities may not enact or enforce ordinance provisions for conditional use permits which allow the city to terminate permits regardless of whether or not the conditions agreed upon are reserved. However, a city can certainly revoke a conditional use permit if there is not substantial compliance with conditions, so long as the revocation is based upon factual evidence, after appropriate notice and hearing. 3