04-17-2017 Planning Commission Packet

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Faribault Unified Development Ordinance p.39 (B)Conditions and guarantees. Any City Council approval of an interim use shall be subject to the following conditions: (1) Except as otherwise authorized by this section, an interim use shall conform to this ordinance as if it were established as a conditional use. }� (2) The date or event that will terminate the interim use shall be identified with certainty. (3) In the event of a public taking of property after the interim use is established,the property owner shall not be entitled to compensation for any increase in value attributable to the interim use. (4) Such conditions and guarantees as the City Council deems reasonable and necessary to protect the public interest and to ensure compliance with the standards of this ordinance and policies of the Land Use Plan. 2-410. Termination of interim use. An approved interim use shall terminate upon the occurrence of any of the following events: (1) The termination date specified with approval of the interim use. (2) Any violation of the conditions under which the interim use was approved. (3) A change in this ordinance which would render the use non-conforming. • ARTICLE 9. VARIANCES 2-420. Purpose of variances. Variances are intended to provide a means of departure from the literal requirements of this ordinance where strict adherence would cause undue hardship due to special conditions or circumstances unique to a site. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. 2-430. Application for variance. Any person having a legal or equitable interest in a property may file an application for one or more variances. An application for a variance shall be filed with the City Planner on an approved form as specified in Section 2-90, and shall be accompanied by a site plan and any other information deemed necessary by the City Planner to facilitate review. 2-440. Hearing on application for variance. The Planning Commission shall hold a public hearing on each valid and complete application for a variance as provided in Section 2-100. After the close of the hearing on a proposed variance, the Planning Commission shall make findings, pursuant to Section 2-460,and shall submit the same together with its recommendations to the City Council. 2-450. Action by City Council on variances. The City Council shall make the final decision regarding all applications for variance from the provisions of this ordinance. Approval shall require a majority vote of the City Council. Chapter 2—Administration and Enforcement