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Ordinance 2009-435 Interim Use Permits <br />Page 2 of 4 <br />(1) If the Interim Use Permit application relates to any floodplain or shoreland area, <br />notice of the application shall be provided to the Commissioner of the Department of <br />Natural Resources at least ten days prior to the hearing date. <br />(2) If the Interim Use Permit application relates to any development fronting a State <br />highway and/or a county highway, the Minnesota Department of Transportation and/or <br />county engineer shall be given notice of the application ten days prior to the hearing date. <br />(3) Notice of the Interim Use Permit application shall be provided to the property owner <br />of record for properties located within 300 feet of the lot or parcel to which the <br />application applies, at least ten days prior to the hearing date. <br />(4) If the application relates to any floodplain, the City Engineer shall make a <br />determination and report to the Planning Commission the impact the proposed use will <br />have on the floodplain, including any expected increase to the regional flood elevation <br />and peak discharge of the regional flood. Such determination shall be based upon a <br />hydraulic analysis of the stream channel and overbank areas, in accordance with <br />Minnesota Rules 6120.5000--6120.6200, and assume an equal degree of encroachment <br />on both sides of the stream within the reach. In making a determination, the City <br />Engineer shall use existing floodway and flood fringe boundaries shown as numbered A <br />zones on the city's official floodplain map. The property owner may request a map <br />revision in accordance with section 90-138. <br />(f) Findings required for approval. In order to recommend approval of an Interim Use Permit, <br />the commission must find all of the following: <br />(1) The use shall conform to all zoning regulations. <br />(2) The use will not delay the permanent development of the site or prevent the orderly <br />development of surrounding sites. <br />(3) The use will not adversely impact implementation of the Comprehensive Plan. <br />(4) The use will not be in conflict with any provisions of the code. <br />(5) The use will not adversely impact nearby properties through characteristics including <br />but not limited to, nuisance, noise, traffic, dust, or unsightliness and will not otherwise <br />adversely impact the health, safety and welfare of the community. <br />(6) The date or event that will terminate the use has been identified with certainty. <br />(7) The use shall not cause or impose additional costs to the City of Hugo. <br />(g) Conditions imposed. The Planning Commission may recommend and the City Council may <br />place restrictions, conditions and requirements on an Interim Use Permit to protect the health, <br />2 <br />