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4. Home occupations. • a. Must be permitted if they meet the standards of a permitted use. G. Conditional Uses—Minnesota Statutes Section 462.3595 1. Conditional uses are uses which are permitted, subject to specific conditions designed to ensure that performance standards are met. a. The standards must be identified in the zoning ordinance. 2. The Council acts in a quasi-judicial capacity when acting on conditional use permits and therefore has limited discretion to deny. a. There is generally a right to the use if the conditions set forth in the ordinance are met. b. There must be"legally sufficient"reason for denial; and a "factual basis"to support that reason. i. For example, a finding that a proposed use does not meet a city standard or requirement for approval is a legally sufficient reason to deny the CUP,but only if there is a factual basis to support that finding. ii. A finding that the use is inappropriate in this location is not a legally sufficient reason for denial, • because the ordinance identifies the use as allowable if it meets the applicable standards. There must be a finding that the use does not meet the standards. 3. Planning Commission reviews conditional use permit requests and makes recommendation to City Council. 4. Conditional Use Permits are permanent and run with the land. they cannot have a expiration date or be limited of a particular individual or entity. 5. Home Occupations. a. Home occupations which require a CUP because they do not meet the standards for approval as a permitted use must be evaluated against the standards for approval of a CUP. They are a conditional use and like all conditional uses cannot be denied because of the use, only if the standards for establishing that use are not met. • 7