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PC Packet 10.22.2024
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PC Packet 10.22.2024
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will be satisfied by the applicant's plan, the city may grant such permit and may impose <br />conditions relating to the general and special requirements in each case, including <br />durational conditions. Approval shall be by resolution. <br />(2) Denial. Conditional use permits may be denied by resolution. Such resolution shall <br />state the reasons for denial, but may incorporate by reference the minutes and <br />recommendations of the planning commission, staff reports, hearing testimony and any <br />other material relevant to the decision. <br /> <br />(Code 1993, § 9-15.04(4)) <br /> <br />Sec. 113-87 - Violations; termination <br />If compliance with all of the conditions of the conditional use permit has not taken place <br />within the time prescribed by the city, the permit is deemed terminated, unless the council, in its <br />sole discretion, extends the time for compliance for an additional permit not to exceed one year. <br />Any violation of a continuing condition shall be grounds for revocation of the conditional use <br />permit, after notice of violation served upon the permit holder in the manner of a civil summons <br />at least ten days prior to hearing, and upon the council finding at the revocation hearing that the <br />condition violated remains necessary to carry out the purposes of this section and that the permit <br />holder is unable or unwilling to satisfy the condition. Such finding shall be made by majority <br />vote, upon the preponderance of the evidence presented by the zoning administrator and anyone <br />appearing on behalf of the permit holder. <br /> <br />(Code 1993, § 9-15.04(5)) <br /> <br />Sec. 113-88 - Performance bond <br />The city may require a performance bond or other security, to guarantee performance of the <br />conditions in any case where such performance is not otherwise guaranteed. Such security shall <br />be provided prior to the issuance of building permits or initiation of work on the proposed <br />improvements or development and shall be in an amount 1.25 times the approved estimated costs <br />of labor and materials for the proposed improvements or development. <br /> <br />(Code 1993, § 9-15.04(6)) <br /> <br />Secs. 113-89 – 113-119 - Reserved <br />DIVISION 4 - INTERIM USE PERMITS <br />Sec. 113-120 - Purpose and intent <br />The purpose and intent of allowing interim uses is to allow a use: <br />(1) For a temporary period of time until a permanent location is obtained or while the <br />permanent location is under construction. <br />(2) That is presently judged acceptable by the city council, but that with anticipated <br />development or redevelopment, will not be acceptable in the future or will be replaced <br />in the future by a permitted or conditional use allowed within the respective district. <br />(3) Which is reflective of anticipated long-range change to an area and which is in
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