02-23-2015 Council Packet - Laserfiche WebLink

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record lot established by s�ction 78-568 consists of tax parcels divided by platted,unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. (6) Public use limited. Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. (7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year,shall be subject to change,alteration or revocation for cause by the council at any time,and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. (8) Ho/d harmless. As a condition of issuance of any permit,the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. (9) Permit hearing and notice. The planning commission or the council shall hold a public hearing or hearings on each application for a permit. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the legal newspaper for the city. Such notice shall contain the description of the land and the proposed use.At least ten days before the hearing,the city clerk shall mail an identical notice to the applicant and to each of the property owners within 350 feet of the outside boundaries of the land in question. Failure of the property owners to receive notice shall not invalidate the proceedings.At the public hearing,the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. (Code 1984, § 10.31(5))