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The Planning Commission may recommend, and the City Council may direct, the revocation of any conditional use permit for cause upon determination that the authorized conditional use is not in conformance with the conditions of the permit or is in continued violation of this title, city codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show why the permit should not be revoked. The application shall be processed and considered pursuant to § 196.02 (Application and Procedure) of this chapter. The Zoning Administrator shall provide the responsible person a copy of the proceedings and findings of the Planning Commission and City Council.
(Ord. 2011-06-07A, passed 6-7-2011)
Holders of a conditional use permit may propose modifications to the permit at any time. No changes in the approved plans or scope of the conditional use shall, however, be undertaken without prior approval of those changes by the City Council. Conditional use permit modifications may include, but shall not be limited to, hours of operation, number of employees, expansion of structures and/or premises, operational modifications resulting in increased traffic, and the like. Permit modifications shall be further subject to and processed according to § 196.02 (Application and Procedure) of this chapter and shall be subject to all requirements and standards of this chapter.
(Ord. 2011-06-07A, passed 6-7-2011)
Unless the City Council specifically approves a different time when action is officially taken on the request, conditional use permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission or the City Council within 1 year of the date of approval unless the applicant has substantially commenced the authorized use or improvement, or unless within 30 days prior to the expiration of the conditional use permit the applicant has petitioned for a time extension by completing and submitting a request for an extension, including the renewal fee as set forth in the city fee schedule. Such extension request shall be submitted in writing and shall state facts showing a good faith attempt to complete or utilize the approval permitted in the conditional use permit. A request for an extension not exceeding 1 year shall be subject to the review and approval of the City Council. Should a second extension of time or any extension of time longer than 1 year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 2011-06-07A, passed 6-7-2011)
Prior to City Council consideration of a conditional use permit request, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the conditional use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in Chapter 202 (Site Performance Agreement) of this title.
(Ord. 2011-06-07A, passed 6-7-2011)
Prior to approving an application for a conditional use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the conditional use permit application relates.
(Ord. 2011-06-07A, passed 6-7-2011)
The Commission of the Department of Natural Resources or its assigned agent shall be notified in writing and said notice shall be postmarked at least 10 days in advance of the public hearing of any request of a conditional use permit included within the Shoreland Management Area. Notice of final action for any of the applications identified above shall be sent to the Commissioner of the Department of Natural Resources and postmarked within 10 days of final action.
(Ord. 2011-06-07A, passed 6-7-2011)