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(A) Purpose and definition. In addition to the purposes stated in § 154.02 of this chapter, it is intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the city when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety, and welfare. An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. The use must cease upon termination of the permit.
(B) Application, public hearing, and procedure. The application, public hearing, notice, and procedural requirements for Interim Use Permits shall be the same as those for Conditional Use Permits, as provided in § 154.29 of this chapter. If a proposed interim use is not listed as a permitted interim use in this chapter, a text amendment to this chapter will be required before an interim use permit may be considered.
(C) Termination. All Interim Use Permits shall terminate on the happening of any of the following events, whichever first occurs:
(1) The termination date stated in the permit.
(2) A violation of the conditions under which the permit was issued.
(D) Standards.
(1) The interim use must be allowed in the zoning district where the property is located.
(2) The interim use must meet or exceed the performance standards set forth in this chapter and other applicable provisions of this code.
(3) The interim use must comply with the specific standards for the use identified in this chapter, and must comply with all conditions of approval, which shall be included in the Interim Use Permit.
(E) Conditions. The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and policies of the Comprehensive Plan.
(Ord. 2007-5-14, passed 5-14-2007)
(A) Authority. The provisions of this chapter may be amended by the City Council.
(B) Initiation for amendment.
(1) The City Council or the Planning Commission may, upon their own motion, initiate an amendment to the text of this chapter or the official map of the city.
(2) Any person owning real estate may petition the Council to amend the text of this chapter or amend the official map of the city in a manner as to affect his or her real estate or a larger parcel which includes his or her real estate.
(C) Application for amendment.
(1) All petitions or requests for amendments shall be filed with the enforcing officer.
(2) When the application involves the changing of zoning districts and boundaries thereof, it shall be accompanied by a map or plat showing the lands proposed to be changed, type of soil, and all lands and uses made thereof within 200 feet of the boundaries of the property proposed to be rezoned, together with a certified list of the names and addresses of the owners of the land in the entire area mentioned.
(D) Referral to the Planning Commission. All petitions or requests for amendments shall be referred to the Planning Commission which shall hold a public hearing to consider the proposed amendment.
(E) Notice. The enforcing officer shall cause to be published a notice of public hearing in the official newspaper of the city at least ten days but not more than 30 days prior to the date of the hearing.
(F) Action by the Planning Commission.
(1) If the request for amendment to the zoning regulations involves a zoning district change, notice of the public hearing shall be mailed to all property owners within 350 feet of the property on which the amendment is proposed.
(2) Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions.
(3) The Planning Commission shall forward its findings/recommendations on the proposed amendment to the City Council after the public hearing has been held.
(G) Action by the City Council. The City Council shall review the findings and recommendations of the Planning Commission and act upon the amendment within the time frame prescribed by law.
(Prior Code, § 601.30) (Am. Ord. 2005-02, passed 6-27-2005)
All application fees, escrows, reimbursable expenses, and other costs associated with or attributed to this chapter are established in § 36.01 of the Harris City Code..
(Prior Code, § 601.31) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2007-5-14, passed 5-14-2007)
It shall be unlawful to violate the terms and provisions of this chapter. The city shall have the following remedies and penalties available to enforce this chapter:
(A) Administrative remedy. Whenever any activity is being done contrary to the provisions of this chapter, the work shall be stopped when written notice is served on any persons engaged in the doing or causing such work to be done or when such notice is posted at the site of the activity. The Zoning Administrator or Building Official may, in writing, suspend a permit for violation of any provisions of this chapter.
(B) Civil remedy. In the event of a violation of this chapter, the city may institute appropriate actions or proceedings to include injunctive relief to prevent, restrain, correct or abate such violations or threatened violations, and the City Attorney may institute such action.
(C) Criminal remedy. Any person, firm or corporation who shall violate any of the provisions of this chapter or who shall fail to comply with any of the provisions of this chapter or who shall make any false statement in any document required to be submitted under the provisions of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each day that a violation continues shall constitute a separate offense.
(Prior Code, § 601.32) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2007-5-14, passed 5-14-2007)