Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
394.301 CONDITIONAL USE PERMITS.
Subdivision 1. By ordinance. The board may by ordinance designate certain types of
developments, including planned unit developments and certain land development activities as
conditional uses under zoning regulations. Conditional uses may be approved upon a showing by
an applicant that standards and criteria stated in the ordinance will be satisfied. Such standards and
criteria shall include both general requirements for all conditional uses and, insofar as practicable,
requirements specific to each designated conditional use.
Subd. 2. Issuance, review. Conditional use permits shall be issued by the officer
administering the official controls only upon the order of the board or the planning commission as
designated by ordinance as the approval authority for one or more categories of conditional uses.
The planning commission shall in all instances have an opportunity to review conditional uses
prior to any final decision by the designated approval authority. Public hearings shall be held in
accordance with section 394.26. In connection with ordering the issuance of a conditional use
permit the designated approval authority may impose such additional restrictions or conditions
as it deems necessary to protect the public interest, including but not limited to matters relating
to appearance, lighting, hours of operation and performance characteristics. When appropriate,
restrictive covenants may be entered into regarding such matters.
Subd. 3. Duration. A conditional use permit shall remain in effect for so long as the
conditions agreed upon are observed, provided that nothing in this section shall prevent the board
from enacting or amending official controls to change the status of conditional uses.
Subd. 4. Copy filed. A certified copy of any conditional use permit shall be recorded with the
county recorder or registrar of titles. The conditional use permit shall include the legal description
of the property involved. The board by ordinance shall designate the county official or employee
responsible for meeting the requirements of the subdivision.
History: 1974 c 571 s 35; 1976 c 181 s 2; 2005 c 4 s 98
Subdivision 1. By ordinance. The board may by ordinance designate certain types of
developments, including planned unit developments and certain land development activities as
conditional uses under zoning regulations. Conditional uses may be approved upon a showing by
an applicant that standards and criteria stated in the ordinance will be satisfied. Such standards and
criteria shall include both general requirements for all conditional uses and, insofar as practicable,
requirements specific to each designated conditional use.
Subd. 2. Issuance, review. Conditional use permits shall be issued by the officer
administering the official controls only upon the order of the board or the planning commission as
designated by ordinance as the approval authority for one or more categories of conditional uses.
The planning commission shall in all instances have an opportunity to review conditional uses
prior to any final decision by the designated approval authority. Public hearings shall be held in
accordance with section 394.26. In connection with ordering the issuance of a conditional use
permit the designated approval authority may impose such additional restrictions or conditions
as it deems necessary to protect the public interest, including but not limited to matters relating
to appearance, lighting, hours of operation and performance characteristics. When appropriate,
restrictive covenants may be entered into regarding such matters.
Subd. 3. Duration. A conditional use permit shall remain in effect for so long as the
conditions agreed upon are observed, provided that nothing in this section shall prevent the board
from enacting or amending official controls to change the status of conditional uses.
Subd. 4. Copy filed. A certified copy of any conditional use permit shall be recorded with the
county recorder or registrar of titles. The conditional use permit shall include the legal description
of the property involved. The board by ordinance shall designate the county official or employee
responsible for meeting the requirements of the subdivision.
History: 1974 c 571 s 35; 1976 c 181 s 2; 2005 c 4 s 98
Official Publication of the State of Minnesota
Revisor of Statutes