5.4C. SR 12-13-2004 - Laserfiche WebLink

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LAND DEVELOPMENT REGULATIONS Sec. 30-657. Compliance. Any use permitted under the terms of a condi- tional use permit shall be established and con- ducted in conformity with the terms of such permit and of any conditions established in con- nection therewith. A violation of any such condi- tion shall constitute a violation of this article and shall be subject to the penalties and enforcement actions provided for in section 30-576. (Ord. No. 00-05, ~ 1(900.42(7)), 3-20-2000) Sec. 30-658. Interim uses. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Authorization. The city council may autho- rize interim uses of property by issuance of in- terim use permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. Interim uses that fail to comply with all of the zoning standards established for the district within which the use is located may also be authorized. (c) Criteria. In determining whether to autho- rize an interim use, the planning commission and city council shall consider the following criteria: (1) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties. (2) There is adequate assurance that the prop- erty will be left in suitable condition after the use is terminated. (3) The use is similar to uses defmed in the zoning district in which the property is located. (4) The date or event that will terminate the use can be identified with certainty. (5) Authorizing the use will not impose addi- tional costs on the public if it is necessary for the public to take the property in the future. (6) The applicant and user agree to all condi- tions that the city council deems appro- priate for authorization of the interim use. CD30:85 ~ 30-659 (7) The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide some other form of security, to ensure compliance with this criteria. (d) Required findings. The city council must determine that the authorization of the interim use will not result in adverse effects on the public health, safety, or welfare. (e) Application for permit. Applications for in- terim use permits shall be processed in the same manner as for conditional use permits, as estab- lished in this subdivision III. (Ord. No. 00-05, ~ 2(900.42), 3-20-2000) State law reference-Interim uses, Minn. Stats. ~ 462.3597. Sec. 30-659. Revocation. (a) In addition to the remedies otherwise pro- vided for in this ordinance, failure to comply with the conditions set forth in the approval of a conditional use permit may result in revocation of the permit by the city. (b) The revocation process shall be as follows: (1) If the city administrator or the city coun- cil determines that cause exists to find noncompliance with the terms of a condi- tional use permit, the city council may direct that a hearing be scheduled before the city council to receive testimony and evidence, to establish findings, and to determine whether the conditional use permit shall be revoked. (2) The owner of the property on which the conditional use is located, and, if known to the city, the owner or operator of the conditional use, shall be notified of the hearing by personal delivery or certified mail, no less than ten days before the hearing. The notice of hearing shall in- clude a summary of the alleged noncom- pliance of the conditional use permit. (3) At the hearing, the city council shall re- ceive testimony and evidence ITom the