FINAL ORDINANCE NO. 08-032 - Laserfiche WebLink

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Ordinance 08-032 Council; 10-19-10 — approval, approval with conditions, or denial. The recommendation of the Planning Commission shall be forwarded to the City Council as soon as practical, and in a manner which allows the City Council time to make a final determination on the request within the state mandated timelines for reviewing land use applications. (F) City Council action. After considering the application, recommendation of the Planning Commission, any staff reports, testimony from the public hearing and any other relevant information; the City Council shall take action on the application through approval, approval with conditions, or denial. Should the City Council approve the application, the City Council shall make findings on conformance to the IUP general standards, specify the term of the interim use permit, the event(s), circumstances or conditions that shall cause termination, and any conditions of approval. (G) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: (1) The date or event stated in the permit; (2) Upon violation of conditions under which the permit was issued; (3) Upon change in the city's zoning regulations which renders the use nonconforming; or (4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. (H) Suspension and revocation. The City Council may suspend or revoke an interim use permit upon finding that the activities allowed under the permit adversely affect the public health, safety, or welfare in ways not anticipated during approval of the permit. A suspension or revocation of an interim use permit shall be preceded by written notice to the permittee and a hearing. The notice shall provide at least 10 days notice of the time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may, at the City Council's option, be before the City Council or in accordance with M.S. §§ 14.57 to 14.60, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, may provide an adequate basis for imposition of sanctions. (I) Amendments. All requested amendments to an existing interim use permit shall be processed in the same manner as a new application. (J) Renewal. The following process may be used to renew an active interim use permit that is set to expire. Terminated or suspended interim use permits cannot be renewed unless the City Administrator has received and approved a one-time 30 day extension to continue processing the renewal application.