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5.5 (3) Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which
<br />shall review the application(s) and hear the applicant or representative thereof at it's first regular meeting following receipt of complete
<br />application(s). To insure preservation or health, safety, and general welfare of the public, the Planning Commission shall have authority to
<br />request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense
<br />of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed Special
<br />Use on: the Comprehensive Municipal Plan; the character and development of the neighborhood and Zoning District; conformance with the
<br />Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, andprovisions which may
<br />affect the Special Use.
<br />5.5 (4) Public Hearing. in consideration of the application(s), a public hearing shall be held before the Planning Commission to receive public
<br />comment on the matter. Notice of the public hearing shall be published in the City's official legal publication not less than ten (10) nor more
<br />than thirty (30) days with said notice stating the date, time, place and a summary of the application. A similar notice shall be mailed to all
<br />owners of real property located within three hundred fifty (350') feet of the Special Use site based upon a list and mailing labels secured from
<br />Ramsey County Property Records and Revenue by the applicant and within he same time frame.
<br />5.5 (5) Referral to City Council. The Planning Commission shall make written findings of fact in accordance with Section 12.1.5 C. Of the
<br />Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which shall include such actions
<br />or conditions relating to the request as may be deemed necessary to carry out the intent and purpose of this Ordinance.
<br />5.5 (6) Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment but not earlier
<br />than thirty (30) days following the fast consideration by the Planning Commission, the matter shall be placed on the agenda for a regular
<br />meeting of the City Council, the date of such meeting to be not more than sixty (60) days after the date of receipt of a completed application
<br />unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30)
<br />days of it's receipt, the City Council may take action without further communication from the Planning Commission. In considering the
<br />application, the City Council shall determine that the proposed Special Use: 1) will not be detrimental to public health, safety, and general
<br />welfare; 2) is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; 3) is in compliance with this Ordinance.
<br />The City Council shall, in the form of a resolution, make a written finding of fact, convey it's decision to approve or deny the application, and
<br />impose such conditions on approvals as may be necessary to protect the public health, safety, and welfare. Approvals shall require a majority
<br />vote of the City Council.
<br />5.5 (7) Issuance of Special Use Permit. The Zoning Administrator shall promptly notify the applicant in writing of the decision of the City
<br />Council, said notice considered delivered upon deposit for delivery with the US mail. In the case of approvals, a Special Use Permit shall apply
<br />only to the use stated on the permit and the application.
<br />5.5 (8) Lapse of Special Use Permit. If the use stated on the permit and application is not taken up and implemented within one (1) year of the
<br />date of issuance, such issued Special Use Permit shall lapse.
<br />Section 5.6 Interim Use Permits
<br />5.6 (1) Purpose and Intent. The purpose and intent of allowing an Interim Use by providing an Interim Use Permit is to allow a use or activity
<br />that is presently acceptable but that with anticipated development, redevelopment or identifiable change may not be acceptable in the future.
<br />A) Existing Uses. Uses defined as Interim Uses which presently exist and which were legally established within arespective zoning district
<br />and which are in accordance with standards and procedures set forth in this Ordinance shall be considered approved.
<br />B) New Uses. Uses defined as Interim Uses which do not presently exist within a respective zoning district shall be processed as new
<br />applications in accordance with standards and procedures set forth in this Ordinance.
<br />5.6 (2) Application. An application for an interim Use permit shall be made on a form provided by the City. If the Interim Use Permit is to be
<br />considered in association with any other building permits, variances, special use permits, or subdivision, all related applications shall be
<br />submitted simultaneously with the Interim Use Permit application so as to represent the full intent of the applicant. The application(s) shall be
<br />accompanied by a fee payable to the City in an aggregate amount as established in the City's fee schedule. The application(s) shall state fully
<br />all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as
<br />required and communicated by the Zoning Administrator. An application will be considered complete on the date the application(s), fee(s),
<br />and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the
<br />application within sixty (60) days of the date a complete application is accepted unless said required period is extended or waived.
<br />5.6 (3) Referral to Planning Commission, The matter along with all related information shall be referred to the Planning Commission which
<br />shall review the application(s) and hear the applicant or representative thereof at it's first regular meeting following receipt of complete
<br />application(s). To insure preservation or health, safety, and general welfare of the public, the Planning Commission shall have authority to
<br />request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense
<br />of the applicant concerning the application. "ihe Planning Commission shall review the matter determining the effect of the proposed Interim
<br />Use on: the Comprehensive Municipal Plan; the character and development of the neighborhood and Zoning District; conformance with the
<br />Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may
<br />affect the interim Use.
<br />5.6 (4) Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission to receive public
<br />comment on the matter. Notice of the public bearing shall be published in the City's official legal publication not less than ten (10) nor more
<br />than thirty (30) days with said notice stating the date, time, place and a summary of the application. A similar notice shall be mailed to all
<br />owners of real property located within three hundred fifty (350') feet of the Interim Use site based upon a list and mailing labels secured from
<br />Ramsey County Property Records and Revenue by the applicant and within he same time frame.
<br />5.6(5) Referral to City Council. The Planning Commission shall make written findings of fact in accordance with Section 12.1.5 C. Of the
<br />Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which shall include such actions
<br />or conditions relating to the request as may be deemed necessary to cant' out the intent and purpose of this Ordinance.
<br />5.6 (6) Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public comment but not earlier
<br />than thirty (30) days following the first consideration by the Planning Commission, the matter shall be placed on the agenda for a regular
<br />meeting of the City Council, the date of such meeting to be not more than sixty (60) days after the date of receipt of a completed application
<br />unless such date is extended or waived. If no recommendation is transmitted to the City Council by the Planning Commission within thirty (30)
<br />days of it's receipt, the City Council may take action without further communication from the Planning Commission. In considering the
<br />application, the City Council shall determine that the proposed Interim Use: 1) will not be detrimental to public health, safety, and general
<br />welfare; 2) will not seriously depreciate adjacent and surrounding property values; 3) is in harmony with the general purpose and intent of the
<br />Comprehensive Municipal Plan; 4) is in compliance with this Ordinance. The City Council shall, in the form of a resolution, make a written
<br />finding of fact, convey it's decision to approve or deny the application, and impose such conditions on approvals as maybe necessary to protect
<br />the public health, safety, and welfare. Approvals shall require a majority vote of the City Council.
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