MARSHALL — People who receive conditional use permits in Marshall will now have a limited time to act on them. This week, the Marshall City Council voted to approve an updated city ordinance that would apply a “use it or lose it” approach to CUP projects.

Under the updated ordinance, variance adjustments and conditional use permits will become null and void after one year if the work in the permit is not done in that time. Applicants can request an extension of up to one year from the city zoning administrator.

Marshall Assistant Planning and Zoning Administrator Ilya Gutman said having the time limit in city ordinances could allow the city to issue an updated permit if circumstances change on a project.

“According to Minnesota statutes, you cannot have a sunset for variances and conditional use permits,” once the work in the permit is done, Gutman said. “However, apparently it’s possible to have a time limit before the variance or conditional use permit starts.”

For example, he said, if an applicant receives a CUP to build a duplex in a single-family residential area, but doesn’t start the project before the time limit runs out, the CUP would become void. If the applicant decided to do the project in the future, they would have to apply for a permit again.

Agenda materials for Tuesday’s city council meeting said a time limit provision had been added to city ordinances in 2013, and then removed in 2019.

Gutman said Marshall City Attorney Pam Whitmore reviewed the proposal, and said it would be legal to bring the time limit provision back. She also found that several Minnesota cities had similar provisions.

The Marshall Planning Commission recommended approval of the ordinance update.

“We thought a year was an acceptable time frame,” said council member James Lozinski.

Marshall Mayor Bob Byrnes asked if the time limit provision would apply to CUPs and variances issued more than a year ago.

“If this passes, would it be retroactive?” he said.

“It would be moving forward,” Whitmore said.

Council members voted to approve the updates to city CUP and variance ordinances.