Agenda - Council - 11/14/2023 - Laserfiche WebLink

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1 (3) At the public hearing for the purpose of revoking a conditional use permit the council shall 2 consider the written response of the parcel owner and evidence of the violation. With a majority 3 vote the City Council shall take one of the following actions: 4 a. Revocation of the conditional use permit by resolution adopt findings of fact and 5 conclusions that support revocation of the conditional use permit; 6 b. Finding no violation exists by motion; or 7 C. Directing compliance measures and timelines to correct the violation. 8 (4) Exigent circumstances. If the City finds that exigent circumstances exist requiring immediate 9 permit revocation, the Zoning Administrator may revoke the permit and provide a post- 10 revocation hearing before the City Council not more than 15 days after holder's receipt of 11 written notice of the hearing. Following such hearing, the City Council may sustain or rescind 12 the revocation, or may impose such other and further discipline as it deems appropriate. 13 (G) The conditions contained in a valid conditional use permit for an existing use that has become 14 permitted due to a change in the zoning district or zoning text will remain in effect only as to any 15 conditions related to site improvements. 16 (H) Additional standards for conditional use permits within the Mississippi River Corridor Critical Area 17 Overlay District are found in Section 910. 18 19 231-234 Reserved. 20 21 235 Interim Use Permit 22 The purposes and intents of allowing interim uses are: To allow a use for a limited period of time that 23 reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the 24 Comprehensive Plan; and to allow a use that is presently acceptable but that, with anticipated development 25 will not be acceptable in the future. 26 (A) Public hearing notification mailing distance is 350 feet. 27 (B) Standards of issuance. 28 (1) Every interim use permit issued shall terminate upon a date or event that can be identified with 29 certainty, with the maximum duration of five years from the date of approval. 30 (2) In the final six months of each approved term, the applicant may request an extension to the 31 permit of up to five years. An application for the extension is the same process as requesting 32 an initial interim use permit. 33 (3) The council may attach such conditions to the interim use permit as it deems necessary in order 34 to carry out the intent and purpose of this chapter and protect the public health, safety and 35 welfare. These conditions may include a financial surety in an amount sufficient to remove the 36 interim use and interim structures and/or site improvements upon expiration of the interim use 37 permit. 38 (4) Home occupations have standards set forth in Section 236. 39 (C) Termination. An interim use permit shall terminate upon the occurrence of any of the following 40 events; whichever first occurs: 41 (1) The date stated in the permit; 42 (2) A violation of conditions and subsequent revocation of the permit; or 43 (3) Revocation resulting from a cessation of the interim use for 30 consecutive days. 44 (4) Change of ownership of the property. 45 (5) Change of business entity or tenant occupying the property. 46 (6) The extension of sanitary sewer and water services to the site for uses approved specifically 47 without municipal services. 48 (D) The Interim Use Permit is adopted by Resolution. 49 (E) The property owner must sign an agreement understanding the limitations and conditions of the 50 interim use. 51 52 236 Home Occupation Permits Page 30 of 141