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2018-07-10 P & Z Packet
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2018-07-10 P & Z Packet
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RELEVANT LINKS: <br /> B. Specific CUP standards <br /> In addition to general CUP standards, many zoning ordinances will detail <br /> specific standards that apply to a particular conditional use, such as those <br /> made for businesses operating a drive-thru. Conditions for such uses may <br /> include specific standards regarding things like off-street parking and <br /> loading areas, landscaping and site plan, and hours of business operation. <br /> III. Granting conditional use permits <br /> Generally, CUPs are granted only for uses specifically listed in the zoning <br /> ordinance as conditional uses in a particular zoning district. If a use is not <br /> designated as a conditional use in a zoning district, then arguably the city <br /> has no ability to issue a CUP without first amending the zoning ordinance to <br /> provide for the conditional use. This would of course allow other applicants <br /> to apply for a conditional use permit under the same standards. <br /> A. Who grants <br /> See section Iv,Public A CUP is typically approved by the city council. Planning commissions <br /> hearings. <br /> often first consider the CUP application and make recommendations to the <br /> city council. State statute allows the city council to designate its CUP <br /> approval to another authority, and some cities have designated the planning <br /> commission as the approving body. In any event, the city council is <br /> generally makes the final decision on CUPs. <br /> B. Required approval <br /> If a proposed conditional use satisfies both the general and specific <br /> standards set forth in the zoning ordinance, the applicant is entitled to the <br /> conditional use permit. Importantly, if the applicant meets the general and <br /> specific ordinance standards, the city usually has no legal basis for denying <br /> the CUP. <br /> C. Time limits <br /> Minn. Stat.§ ls.99. A written request for a CUP is subject to Minnesota's 60-day rule, and must <br /> be approved or denied within 60 days of the time it is submitted to the city. <br /> A city may extend the time period for an additional 60 days, but only if it <br /> does so in writing before expiration of the initial 60-day period. Under the <br /> 60-day rule, failure to approve or deny a request within the statutory time <br /> period is considered an approval. <br /> League of Minnesota Cities Information Memo: 11/15/2017 <br /> Land Use Conditional Use Permits Page 2 <br />
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