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CC WORKSESSION 10292013
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CC WORKSESSION 10292013
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(B) Application. An application for an interim use permit is to be made on forms available from the <br />Zoning Officer and must be signed by the owner of the property in question. The application must be <br />accompanied by a fee in the amount set forth in Chapter 33. The applicant may be required to provide a <br />site plan, any special studies requested (e.g. traffic, environmental, wetland, or utility studies) and written <br />documentation that includes: <br />(1) A complete description of the use; <br />(2) Schedule for commencement of the use; <br />(3) Hours and dates of operation; and <br />(4) Evidence that the applicant has sufficient control over the lot to effectuate the proposed plan, <br />or evidence that the property owner has given the operator permission to use the premises. <br />(C) Planning Commission action. The Planning Commission shall hold a public hearing and make a <br />recommendation of approval, approval with conditions, or denial to the City Council. In the event the <br />Planning Commission recommends denial of any application for an interim use permit, the reasons for <br />such denial shall be provided identifying the ways in which the proposed request fails to meet the <br />standards and intent of this Ordinance and is otherwise injurious to the public health, safety, and welfare. <br />(D) City Council action. An interim use permit may be granted only by a majority vote of all <br />members of the City Council after determining that: <br />(1) The proposed use will not delay permanent development of the site; <br />(2) The proposed use will not adversely impact implementation of the Comprehensive Plan; <br />(3) The proposed use will not be in conflict with any provisions of the City Code on an ongoing <br />basis; <br />(4) The proposed use will not be injurious to the surrounding neighborhood or otherwise harm <br />the public health, safety, and welfare; and <br />(5) The date or event that will terminate the use has been identified with certainty. <br />(E) Standards. <br />(1) The term of an interim use permit must not exceed 5, 10, 15, etc. years. <br />(2) Because of the temporary nature, an interim use permit is not subject to renewal, but upon re- <br />application for a time extension of the same use on the same site beyond the date of expiration of its <br />interim use permit, succeeding interim use permits may be approved for up to 5, 10, 15, etc. years <br />each if the City Council makes the findings set forth in Subprovision D hereof in the affirmative and also <br />finds that all previous conditions of approval have been satisfied and that the use meets all Code <br />requirements or has received appropriate variances from those requirements. <br />(F) Expiration and Termination. <br />(1) An interim use permit expires and the interim use must terminate at the earlier of the <br />following: <br />(a) The expiration date established by the City Council at the time of approval, but in no <br />event more than (five, ten, fifteen, etc.) years from the date of approval; <br />(b) The occurrence of any event identified in the interim use permit for the termination to <br />the use; or <br />(c) Upon an amendment of the City Code that no longer allows the interim use. <br />(2) Unused interim use permits expire 6 months after approval if the proposed use has not <br />commenced. A land owner may apply to the Zoning Administrator for no more than 1 time extension <br />of up to 6 months for an unused interim use permit. <br />(3) Interim use permits expire if the interim use ceases operation for a continuous period of 1 <br />year or longer. <br />Page 2 <br />
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