PUBLISH

(April 23, 2019)

ORDINANCE NO.

19-032, FIFTH

SERIES

CITY OF NEW ULM,

BROWN COUNTY,

MINNESOTA

AN ORDINANCE

AMENDING

CHAPTER 9 OF THE

CITY CODE OF THE

CITY OF NEW ULM

RELATIVE TO INTER-

IM USE PERMITS

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That

Chapter 9 of the City

Code of the City of

New Ulm is hereby

amended to add the

following:

Section 9.22 Interim

Use Permits

Subdivision 1. Pur-

pose. This section

describes the pro-

cedures to be followed

when requesting an In-

terim Use Permit.

Subdivision 2. Intent.

The intent of allowing

an interim use is:

A. To allow a land use

for a limited period of

time that reasonably

utilizes the property in

a manner that is other-

wise not consistent

with the Comprehen-

sive Plan nor permitted

in the applicable zon-

ing district;

B. To provide the City

with a reasonable de-

gree of discretion in

determining the suita-

bility of certain desig-

nated uses at certain

times for specified zon-

ing districts;

C. To allow a use that

is presently accept-

able, but not permitted

within the zoning dis-

trict, and with antici-

pated development,

may not be acceptable

in the future; or

D. To allow a tem-

porary use of property

until a particular date,

until the occurrence of

a particular event, or

until zoning regulations

no longer permit it.

Subdivision 3. Initia-

tion of Proceedings.

A request for an Inter-

im Use Permit shall be

initiated by the written

application of any per-

son having legal or

equitable interest in the

property or by an au-

thorized representative

of an owner.

Subdivision 4. Appli-

cation.

A. Applications for an

Interim Use Permit

shall include the fol-

lowing:

1. Completed applica-

tion form and fee.

2. A written narrative

from the applicant fully

explaining the propo-

sal, its operation and

intensity, potential im-

pact to surrounding

properties, and site or

building improvements

necessary to conduct

the use.

3. A statement from

the applicant with the

date or event that will

terminate the tem-

porary use.

4. A map showing the

general location of the

proposed use within

the community and a

site plan.

5. Development plans

for the proposed use

showing all information

deemed necessary by

the Community

Development Depart-

ment to ensure that the

City can determine

whether the proposed

use will conform to all

City Code standards.

6. A signed consent

agreement, provided

by the City of New

Ulm, agreeing:

a) That the applicant,

owner, operator, tenant

and/or user has no en-

titlement to future

re-approval of the In-

terim Use Permit;

b) That the interim use

will not impose addi-

tional costs on the pub-

lic if it is necessary for

the public to fully or

partially take the pro-

perty in the future; and

c) That the applicant,

owner, operator, tenant

and/or user will abide

by the conditions of ap-

proval that the City

Council attaches to the

Interim Use Permit.

7. Any other informa-

tion that may be rea-

sonably required by the

City to evaluate the ap-

plication.

B. The Community

Development Depart-

ment shall have ten

(10) working days from

the receipt of the appli-

cation to determine if it

is complete.

C. The Community

Development Depart-

ment shall transmit the

completed application

to the Planning Com-

mission and notice of

the Interim Use Permit

application and public

hearing shall be provid-

ed to property owners

within three hundred

fifty (350) feet of the

outer boundaries of the

subject property; how-

ever; failure of any pro-

perty owner to receive

such notification shall

not invalidate the

proceedings.

D. The Community

Development Depart-

ment shall set the date

for a public hearing

and shall have notice

of such hearing pub-

lished at least once in

the legal newspaper,

not less than ten (10)

days and not more

than thirty (30) days

prior to said hearing.

Subdivision 5. Re-

view Criteria. Appro-

val of an Interim Use

Permit application re-

quires that the City find

that conditions can be

established to ensure

all of the following cri-

teria will always be

met:

A. The use will not ad-

versely impact nearby

properties through nui-

sance, noise, traffic

dust, odor or unsightli-

ness, and will not oth-

erwise adversely im-

pact the public health,

safety and welfare of

the community;

B. The use will not ad-

versely impact imple-

mentation of the

Comprehensive Plan;

C. The date, event or

change in cir-

cumstances that will

terminate the use is

reasonable and can be

identified with certainty;

D. The applicant has

signed a consent

agreement;

E. The applicant

agrees to all conditions

that the City Council

deems appropriate to

allow the use, including

a condition that the

owner may be required

to provide an appropri-

ate financial surety to

cover the cost of re-

moving the interim use

and any interim struc-

tures upon the expira-

tion of the interim use

permit;

F. The proposed use

will not hinder per-

manent development

of the site;

G. The use will not

create an excessive

burden on existing

parks, schools, streets

and other public facili-

ties which serve or are

proposed to serve the

area;

H. Adequate utilities,

access roads, drainage

and necessary facilities

have been or will be

provided;

I. Permission of the

use will not impose ad-

ditional costs on the

public if it is necessary

for the public to take

the property in the fu-

ture; and

J. The use shall not

cause or impose addi-

tional costs to the City

of New Ulm.

Subdivision 6. Re-

view.

A. Planning Commis-

sion

Before any Interim Use

Permit is approved, the

Planning Commission

shall hold at least one

public hearing after

proper notice has been

issued. Following the

hearing, the Planning

Commission shall

adopt findings and

recommendations us-

ing each of the review

criteria outlined in Sub-

division 5. Denial

recommendations shall

be supported by find-

ings of fact as to how

the request did not

meet one or more of

the review criteria. The

Community Develop-

ment Department may

forward an application

to the City Council

without a recommen-

dation from the Plan-

ning Commission only

if it is deemed neces-

sary to ensure compli-

ance with state man-

dated deadlines for ap-

plication review.

B. City Council

Upon receiving the

recommendation of the

Planning Commission,

the City Council shall

consider the request

using each of the re-

view criteria outlined in

Subdivision 5, and take

action on the request.

The City Council may

hold a public hearing

on the request if

deemed necessary.

The City Council may

approve the Interim

Use Permit or any part

thereof in such form as

it deems advisable by

majority vote of the

City Council. Denial of

any request shall be

accompanied by find-

ings of fact as to how

the request did not

meet one or more of

the review criteria.

C. Required Action

Deadline

The City Council shall

act upon the Interim

Use Permit within 60

days from the date of

submission of a com-

plete application unless

an extension has been

provided pursuant to

Minnesota Statutes

Section 15.99.

D. If an interim use

permit application is

denied, an applicant

may not submit a sub-

sequent interim use

permit application for

the same use on the

same site until one

year has passed.

Subdivision 7. Rea-

sonable Conditions.

In approving an Interim

Use Permit, the City

may adopt and impose

such reasonable condi-

tions and requirements

as it deems necessary

and appropriate to en-

sure continued compli-

ance with the Interim

Use Permit review cri-

teria.

Subdivision 8. Effect

of an Interim Use

Permit Approval.

A. The issuance of an

Interim Use Permit

shall authorize only the

improvements and use

approved by the City

Council as an interim

use over the specified

time frame.

B. An Interim Use Per-

mit, including any con-

ditions, shall run with

the land and shall not

be affected by a

change in ownership.

Subdivision 9. Sub-

sequent Develop-

ment. Development or

any use authorized by

the Interim Use Permit

shall not be carried out

until the applicant has

secured all other ap-

provals required by this

City Code or any other

applicable laws or

guarantee the granting

of any other such re-

quired approval (e.g.,

a Building Permit).

Subdivision 10. Time

Limit.

A. Unless otherwise

specified in the Interim

Use Permit, the opera-

tion of the use and/or

issuance of Building

Permits for permitted

structures shall begin

within six (6) months of

the date of the is-

suance of the Interim

Use Permit. Failure to

do so will invalidate the

Interim Use Permit.

Permitted time frames

do not change with

successive owners.

B. Upon written re-

quest, one extension of

six (6) months may be

granted by the Com-

munity Development

Department if the appli-

cant can show good

cause.

C. If a use operating

pursuant to an ap-

proved Interim Use

Permit is discontinued

for a period of at least

six (6) months, any

further use of the pro-

perty shall conform to

the requirements of

this chapter. A discon-

tinued interim use shall

not begin operations

again without first ob-

taining approval of a

new Interim Use Per-

mit.

Subdivision 11. Ter-

mination. An Interim

Use Permit shall be

terminated and re-

moved for any of the

following reasons,

whichever occurs first:

A. 5 years from the

date of approval.

B. The date, event or

circumstances of ter-

mination stated in the

permit.

C. Upon violation of

conditions under which

the permit was issued.

D. The redevelopment

of the use and property

upon which it is located

to a permitted or condi-

tional use as allowed

within the respective

zoning district.

E. An amendment to

the City Code that ei-

ther no longer allows

the interim use or now

permits the interim use

Subdivision 12. Re-

vocation. In the event

that any of the condi-

tions set forth in the

permit are violated, the

City Council shall have

the authority to revoke

the Interim Use Permit.

Before the revocation

is considered, the City

Council shall hold at

lease one public hear-

ing after proper written

notice has been provid-

ed. Following the hear-

ing, the City Council

may revoke the Interim

Use Permit by adopt-

ing findings of fact

showing there has not

been substantial com-

pliance with the re-

quired conditions.

Suddivision 13.

Amendment. A re-

quested amendment to

an existing Interim Use

Permit shall be pro-

cessed in the same

manner as a new appli-

cation. An additional

application fee may be

required before con-

sideration of the

amendment request.

Subdivision 14.

Renewal. All renewals

of an existing Interim

Use Permit shall be

processed in the same

manner as a new ap-

plication. Notwith-

standing this require-

ment, the City Council

may approve exten-

sions to the expiration

of an approved interim

use when:

A. The approved inter-

im use has not yet

commenced; and

B. The duration of the

extension of the ap-

proved interim use is

not to exceed 3

months.

To request an exten-

sion under these cir-

cumstances, appli-

cants shall submit to

the Community

Development Depart-

ment a written request

including an explana-

tion of the factor(s)

which necessitate this

extension.

SECTION II. That this

ordinance shall take ef-

fect and shall be in

force 30 days from and

after its adoption, ap-

proval, and publication.

Adopted by the City

Council of the City of

New Ulm this 16th day

of April, 2019.

Charles Schmitz

President of the City

Council

Attest:

Nicole Jorgensen

Finance Director

Approved by the Mayor

of the City of New Ulm

this 16 day of April,

2019.

Robert J. Beussman

Mayor

PUBLISH

(April 21, 23, 28, 30,

2019)

PUBLIC NOTICE

On April 12, 2019,

Subarctic Media, LLC,

filed an application with

the Federal Communi-

cations Commission

for consent to transfer

control of radio station

KATO-FM operating on

93.1 MHz at New Ulm,

MN, from J. David

Linder to Lynn Ketel-

sen and Matt Ketelsen.

A copy of this applica-

tion, amendment(s),

and related material

are available for public

inspection at

www.fcc.gov