Current through Register Vol. 48, No. 39, March 25, 2024
Subpart
1.
Conditional use application.
A conditional
use application requires submittal to the board of a site plan and description
of the proposed use. A conditional use is permitted upon a finding by the board
that the use is specifically enumerated as a conditional use for the district
and that, if established, the use:
A.
will not materially adversely affect the general character of existing
principal uses;
B. will not
adversely affect the beauty, dignity, and architectural integrity of the
Capitol area; and
C. will be
established under the conditions and requirements for the uses enumerated in
this chapter and additional conditions and requirements as the board may impose
to ensure compliance with items A and B.
Subp. 2.
Change to conditional
use.
A change to a conditional use requires a new permit when one
of the following conditions occurs:
A.
a conditional use changes from one conditional use to another conditional
use;
B. the floor area of a
conditional use expands by 50 percent or more. Floor area does not include
floor area that is accessory to a principal use and that does not result in the
expansion of a principal use;
C.
the building containing a conditional use is torn down and a new building is
constructed, even if the new building contains the same or less floor
area;
D. the principal use of a
conditional use expands onto an abutting lot; or
E. the number of residents in a community
residential facility increases, or the number of rooming units in a rooming or
boarding house increases.
Subp.
3.
Expiration of conditional use permit.
Unless
expressly provided by the board, a conditional use permit automatically expires
and a new permit must be applied for when any of the following circumstances
exist:
A. a use requiring a
conditional use permit is discontinued or ceases to exist for a continuous
period of 365 days;
B. a
conditional use changes to a permitted use not requiring a conditional use
permit;
C. the lot area of a
conditional use is subsequently reduced in size; or
D. a conditional use becomes nonconforming
and subsequently is discontinued or ceases to exist for a continuous period of
one year.
Statutory Authority: MS s
15B.06
