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FINAL ORDINANCE NO. 08-085
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FINAL ORDINANCE NO. 08-085
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iii. That the applicant, owner, operator, tenant and/or user will abide by conditions of <br />approval that the City Council attaches to the interim use permit. <br />D. Public Hearing Required. The Planning Commission shall hold a public hearing on each <br />complete application for a Interim Use Permit as provided in §1 5, 102 of this Article. After the <br />close of the hearing on a proposed Interim Use Permit, the City Planning Commission shall <br />consider findings and shalt submit the same together with its recommendation to the City <br />Council. <br />E. Final Decision by City Council. The City Council shalt make the final decision on a interim Use <br />Permit after a public hearing by the Planning Commission. The City Council may approve, <br />approve with conditions or deny the application. <br />F. Termination. An interim use shall terminate on the happening of any of the following events, <br />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 nonconforming; or <br />4. The redevelopment of the use and property upon which it is located to a permitted or <br />conditional use as allowed within the respective zoning district. <br />G. Revocation. Failure to comply with any condition set forth in a 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 public <br />hearing conducted in accordance with §155,1(i2 of this Article. <br />H. Renewal. The following process may be used to renew an active interim use permit that is set <br />to expire. Terminated or suspended interim use permits cannot be renewed unless the Director <br />of Planning has received an application for and approved a 1-time 30-day extension to continue <br />processing the renewal application. <br />1. Application. Application requirements for renewal of an existing Interim Use Permit shall <br />be the same as for a new application. <br />2. Review. Upon receiving a completed application for an interim use permit renewal, the <br />Director of Planning shall send notice of the requested renewal to all property owners <br />within 350 feet of the parcel(s) containing the interim use. If any objections are raised <br />within 10 days of the mailed notice, the application shalt be processed in the manner of a <br />new application. If no objections are raised, the Director of Planning shall prepare a <br />resolution of approval outlining the conditions and stipulations of the renewal for <br />consideration by the City Council. The City Council, at its discretion, may approve or deny <br />the request with findings. Denial of a renewal request does not constitute termination of <br />the existing interim use permit. <br />§ 154.108 Appeals and the Board of Adjustment <br />The Board of Adjustment is hereby established pursuant to this chapter and Minnesota law. The Board <br />of Adjustment (which is the City Council in accordance with 531.10 of the City Code) shall have those <br />powers and authority as provided by Minnesota taw and as hereinafter provided for. The Board of <br />Adjustment shall be formed and operate in conformance with Chapter 31 of this Code and specifically <br />with 531.10. <br />A. Powers of the Board of Adjustment. <br />Review of Administrative Decisions. The Board of Adjustment shalt act upon all questions <br />as they may arise in the administration of this chapter, including the interpretation of <br />zoning maps, and it shall hear and decide appeals from and review any order, requirement, <br />decision or determination made by such an administrative official charged with enforcing <br />this chapter. Such appeal may be made by any person, firm or corporation aggrieved by an <br />officer, department, board or bureau of the city. <br />10 <br />
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