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3.1 - 3.4 PCSR 02-26-2013
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3.1 - 3.4 PCSR 02-26-2013
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Conditional Use Permit Application 2/21/2013 Last Modified <br /> Page 2 <br /> (2) Off-street parking and loading areas where required and the economic,noise,glare or odor effects of the proposed <br /> use on nearby property. <br /> (3) Refuse and service areas. <br /> (4) Utilities with reference to location,availability and compatibility. <br /> (5) Diking,fencing,screening,landscaping or other facilities to protect adjacent or nearby property. <br /> (6) Signs,if any,and proposed exterior lighting with reference to glare,traffic safety,economic effect and compatibility <br /> and harmony with properties in the district. <br /> (7) Required yards and other open space. <br /> (8) Design and location compatibility with adjacent properties and other properties in the district. <br /> (9) Expiration date. <br /> (Code 1982,5 900.42(5)) <br /> Sec.30-656.Expiration. <br /> If the proposed work described in a conditional use permit has not been substantially completed within two <br /> years after its date of issuance, the permit shall expire and become void, except that the council may, following <br /> recommendation of the planning commission,extend the permit for an additional period determined by the council on <br /> the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use <br /> specified in the permit and shall expire if,for any reason,the authorized use ceases for more than six months. <br /> (Code 1982,§900.42(6);Ord.No.99-13,§ 1(900.42(6)),8-6-1999;Ord.No.00-05,§ 1,3-20-2000) <br /> State law references: Conditional use permit duration,Minn.Stats. §462.357,subd.3. <br /> Sec.30-657.Compliance. <br /> Any use permitted under the terms of a conditional use permit shall be established and conducted in <br /> conformity with the terms of such permit and of any conditions established in connection therewith.A violation of any <br /> such condition shall constitute a violation of this article and shall be subject to the penalties and enforcement actions <br /> provided for in section 30-576. <br /> (Ord.No.00-05,§ 1(900.42(7)),3-20-2000) <br /> Sec.30-659. Revocation. <br /> (a) In addition to the remedies otherwise provided for in this ordinance,failure to comply with the conditions set forth <br /> in the approval of a conditional use permit may result in revocation of the permit by the city. <br /> (b) The revocation process shall be as follows: <br /> (1) If the city administrator or the city council determines that cause exists to find noncompliance with the terms of a <br /> conditional use permit, the city council may direct that a hearing be scheduled before the city council to receive <br /> testimony and evidence,to establish findings,and to determine whether the conditional use permit shall be revoked. <br /> (2) The owner of the property on which the conditional use is located,and,if known to the city,the owner or operator <br /> of the conditional use,shall be notified of the hearing by personal delivery or certified mail,no less than ten days before <br /> the hearing.The notice of hearing shall include a summary of the alleged noncompliance of the conditional use permit. <br /> (3) At the hearing,the city council shall receive testimony and evidence from the public and the city staff regarding the <br /> compliance or noncompliance of the use with the conditional use permit. The property owner and the owner or <br /> operator of the conditional use shall have an opportunity to testify and present evidence. <br /> (4) At the conclusion of the public hearing the city council may continue the revocation to a future date or make its <br /> findings and determination. <br /> (5) If the city council determines that the conditions of the conditional use permit have not been met, it may order <br /> revocation of the conditional use permit effective on such date as it shall determine. <br /> (6) Revocation of a conditional use permit shall not be ordered unless the city council has made findings in writing or <br /> on the record of the council proceedings that there have been one or more violations of one or more conditions of the <br /> conditional use permit. <br /> (7) Revocation of a conditional use permit shall be a final action of the city council,appealable only to district court,as <br /> provided by law. <br /> (Ord.No.00-05,5 1(900.42(8)),3-20-2000) <br /> Document3 <br />
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