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CHAPTER 16 • Permitted, accessory and conditional uses Chase v.City of Minneapolis, Permitted uses are those uses that property owners have a right 401 N.W.2d 408(Minn. 1981). to engage in. It is generally arbitrary and unlawful to deny a Rose Cliff Landscape Nursery building permit for a permitted use unless the zoning of the v.City of Rosemount,467 property is subsequently changed to prohibit that use. N.W.2d 641 (Minn.App. 1991). Accessory uses are those uses that cannot stand alone and must Stodola v.City of Orono, 1994 be accompanied by a principal,permitted use. WL 272900(Minn.App. 1994) (unpublished opinion). Conditional uses are uses that are permitted by the zoning Minn.Stat.§462.3595. ordinance if certain conditions, having been designated by the council or specified in the zoning ordinance,are met. In fact, the city must grant the conditional use permit if the applicant has satisfied all of the conditions. Conditional uses remain in effect indefinitely as long as the conditions are observed. Before a conditional use permit is granted, a public hearing is 410 required. The notice procedures are identical to those required for zoning permits. A certified copy of the conditional use permit is required to be filed with the county recorder or the registrar of titles, and must include a legal description of the land. SuperAmerica Group,Inc. v. A conditional use permit may be denied only for reasons City of Little Canada,539 relating to public health, safety and general welfare, or for N.W.2d 264(Minn.App. 1995). incompatibility with a city's land use plan. Non-conforming uses SLS Partnership v.City of Upon the creation of a zoning district,certain uses will be Apple Valley,511 N.W.2d 738 allowed and others will be prohibited. Non-conforming uses (Minn. 1994). are those uses that were in effect prior to the creation of the zoning district and, in recognition of the landowner's property rights, are allowed to continue even though such uses are now prohibited. Besides being allowed to remain in effect,non- conforming uses also escape from requirements subsequently enacted, such as setback requirements. • 389