HF 3396

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to planning and zoning; extending the time 
  1.3             for decision on conditional use permits; amending 
  1.4             Minnesota Statutes 1998, sections 394.301, subdivision 
  1.5             2; and 462.3595, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 394.301, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [ISSUANCE, REVIEW.] Conditional use permits shall 
  1.10  be issued by the officer administering the official controls 
  1.11  only upon the order of the board or the planning commission as 
  1.12  designated by ordinance as the approval authority for one or 
  1.13  more categories of conditional uses.  The planning commission 
  1.14  shall in all instances have an opportunity to review conditional 
  1.15  uses prior to any final decision by the designated approval 
  1.16  authority.  Public hearings shall be held in accordance with 
  1.17  section 394.26.  Notwithstanding section 15.99 or any other 
  1.18  section of law, after receipt of a complete permit application, 
  1.19  the approval authority must hold the public hearing and decide 
  1.20  to issue or deny the permit in not less than 30 days or more 
  1.21  than 90 days.  As provided in section 15.99, subdivision 3, 
  1.22  paragraph (f), the approval authority may extend the period for 
  1.23  up to 60 days additional upon written notice to the applicant 
  1.24  explaining why the extension of time is needed to decide the 
  1.25  matter.  In connection with ordering the issuance of a 
  2.1   conditional use permit the designated approval authority may 
  2.2   impose such additional restrictions or conditions as it deems 
  2.3   necessary to protect the public interest, including but not 
  2.4   limited to matters relating to appearance, lighting, hours of 
  2.5   operation and performance characteristics.  When appropriate, 
  2.6   restrictive covenants may be entered into regarding such matters.
  2.7      Sec. 2.  Minnesota Statutes 1998, section 462.3595, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [PUBLIC HEARINGS.] Public hearings on the 
  2.10  granting of conditional use permits shall be held in the manner 
  2.11  provided in section 462.357, subdivision 3.  Notwithstanding 
  2.12  section 15.99 or any other section of law, after receipt of a 
  2.13  complete permit application, the governing body must hold the 
  2.14  public hearing and decide to issue or deny the permit in not 
  2.15  less than 30 days or more than 90 days.  As provided in section 
  2.16  15.99, subdivision 3, paragraph (f), the governing body may 
  2.17  extend the period for up to 60 days additional upon written 
  2.18  notice to the applicant explaining why the extension of time is 
  2.19  needed to decide the matter.