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5.6 (7) issuance of Interim 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 Interim Use Permit shall apply
<br />only to the use stated on the permit and the application.
<br />5.6 (8)lnpse of Interim 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 Interim Use Permit shall lapse.
<br />5.6 (9) Termination of Interim Use Permits. An Interim Use Permit shall terminate on the happening of any of the following events, whichever
<br />shall occur first:
<br />A) The date or event stated on the application and the Interim Use Permit; or
<br />B) Upon violation of any condition(s) under which the Interim Use permit was issued; or
<br />C) Upon adoption of any amendment to the City's zoning regulations which renders the use non -confirming; or
<br />D) The redevelopment of the use and property upon which it is located to a permitted use as allowed within the respective zoning district.
<br />5.6 (10) General Standards. All interim Uses shall comply with the following general standards.
<br />A) Existing Uses. Shall be in accordance with zoning and building standards in effect at the time ofinitial construction and development
<br />and shall continue to be governed by such regulations in the future.
<br />B) New Uses. Shall conform as follows: 1) compliance with all zoning and other regulations as may otherwise be applicable; 2) the date
<br />or theevent that will terminate the use can be identified with certainty; 3) the existence of the Interim Use will not impose additional costs
<br />on the public if it becomes necessary for the public to take the property in the future; 4) the user agrees to any conditions of approval
<br />associated with the approval of the Interim Use Permit by the City Council.
<br />C) Existing and New Uses. Shall conform as follows: 1) shall maintain harmony and compatibility with surrounding uses and with the
<br />architectural character and design standards of existing uses and development; 2) shall meet or exceed all Performance Standards
<br />contained elsewhere in this Ordinance; 3) shall not generate such additional traffic associated with the use that would overburden or
<br />exceed the capabilities of streets and other public services and facilities including, but not limited to, parks, schools, and utilities serving
<br />the area.
<br />Section 5.7 Amendments
<br />5.7 (1) General. in accordance with provisions of Minnesota Statutes, the City Council may, from time to time, adopt amendments to this
<br />Ordinance providing such amendments are consistent with the intent of the Comprehensive Municipal Plan.
<br />5.7 (2) Initiation. The City Council or the Planning Commission may, upon their own motion, initiate a request to amend the text, tables or
<br />district boundaries and maps of this Ordinance. Any person(s), firm(s), or corporation(s) who are the fee title owners of real property in the City
<br />or who have been designated in writing to represent the interests of the fee title owners of real property in the City may initiate a request to
<br />amend the text, tables or district boundaries and maps so as to affect the said real property or such real property adjacent thereto.
<br />5.7 (3) Application. An application to Amend The Zoning Ordinance shall be made on a form provided by the City. If the application to Amend
<br />The Zoning Ordinance is to be considered in association with any other building permits, variances, special or interim use permits, or
<br />subdivision, all related applications shall be submitted simultaneously with the application so as to represent the full intent of the applicant.
<br />The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established in the City's fee schedule. The
<br />application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for
<br />consideration of the application as required and communicated by the Zoning Administrator. An application will be considered complete on
<br />the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. Thc City shall act
<br />on the application within sixty (60) days of the date a complete application is accepted unless said required period is "tended or waived.
<br />5.7 (4) Referral to Planning Commission. The matter along Nvith all related information shall be referred to the Planning Commission which
<br />shall review the application(s) and bear the applicant or representative thereof at it's first regular meeting following receipt of complete
<br />application(s). To insure preservation of 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 matterdetermining the effect of the proposed application
<br />on: the Comprehensive Municipal Plan; the character and development of the affected neighborhood(s) and Zoning District(s); conformance
<br />with the Performance Standards and other provisions ofthis Ordinance; compliance with other applicable law, regulations, and provisions which
<br />may affect the amendment.
<br />5.7 (5) 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 interim Use site based upon a list and mailing labels secured from
<br />Ramsey County Property Records and Revenue by the applicant and within the same time frame.
<br />5.7(6) Referral to City Council. The Planning Commission shall make written findings of fact in accordance with Section 12.1.5 A. 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 />5.7 (7) 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 amendment: 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 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 maybe necessary to protect the public health, safety, and welfare. Approvals shall require a majority
<br />vote of the City Council.
<br />5.7 (8) Adoption of The Amendment and Incorporation of Amendments Into The Ordinance. The Zoning Administrator shall promptly notify
<br />the applicant in writing of the decision of the City Council, said notice considered delivered upon deposit for delivery with the US mail. in the
<br />case: of approvals and unless otherwise specified by the City Council, the Amendment shall be considered in effect on a date specified by the
<br />City Council, but not later than thirty (30) days subsequent to the City Council's decision.
<br />Section 5.8 Appeals
<br />5.8 (1) All appeals from any order, requirement, or decision of the Zoning Administrator or Building Official shall be brought before the
<br />Planning Commission who shall act in the capacity of Board of Appeals in all matters related to this Ordinance.
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