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26 <br />LA515\1\1066805.v2 <br />4. Public hearing required. The planning commission shall hold a public hearing on each <br />complete application for an Interim use permit as provided in LEC 105.12.250. After the <br />close of the hearing on a proposed interim use permit, the city planning commission shall <br />consider findings and shall submit the same together with its recommendation to the city <br />council. <br />5. Final decision by city council. The city council shall make the final decision on an interim <br />use permit after a public hearing by the planning commission. The city council may <br />approve, approve with conditions, or deny the application. <br />6. Termination. An interim use shall terminate on the happening of any of the following <br />events, whichever occurs first: <br />1. The date or event stated in the permit; <br />2. Upon violation of conditions under which the permit was issued; <br />3. Upon a change in the city's zoning regulations which renders the use <br />nonconforming; or <br />4. The redevelopment of the use and property upon which it is located to a permitted <br />or conditional use as allowed within the respective zoning district. <br />7. Revocation. Failure to comply with any condition set forth in an interim use permit, or any <br />other violation of this chapter, shall be a misdemeanor and shall also constitute sufficient <br />cause for the termination of the conditional use permit by the city council following a <br />public hearing conducted in accordance with LEC 105.12.250. <br />8. Renewal. The following process may be used to renew an active interim use permit that is <br />set to expire. Terminated or suspended interim use permits cannot be renewed unless the <br />director of planning has received an application for and approved a one-time, 30-day <br />extension to continue processing the renewal application. <br />1. Application. Application requirements for renewal of an existing interim use permit <br />shall be the same as for a new application. <br />2. Review. Upon receiving a completed application for an interim use permit renewal, <br />the director of planning shall send notice of the requested renewal to all property <br />owners within 350 500 feet of the parcels containing the interim use. If any <br />objections are raised within ten days of the mailed notice, the application shall be <br />processed in the manner of a new application. If no objections are raised, the <br />director of planning shall prepare a resolution of approval outlining the conditions <br />and stipulations of the renewal for consideration by the city council. The city <br />council, as its discretion, may approve or deny the request with findings. Denial of <br />a renewal request does not constitute termination of the existing interim use permit. <br />SECTION 19. The City Council of the City of Lake Elmo hereby ordains that Title 105, <br />Section 105.12.320 of the City’s Code of Ordinances is amended as follows (proposed language <br />is underlined, deleted language is shown with strikethrough): <br />105.12.320 Variances <br />1. In general. The board of adjustment shall have the power to grant variances to the <br />provisions of this chapter under the following procedures and standards: A request for a <br />variance from the literal provisions of this chapter may be granted in instances where their <br />strict enforcement would cause practical difficulties because of circumstances unique to