Subd. 1. Purpose. The purpose of allowing interim uses is to allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
Subd. 2. Procedure.
1. Existing Uses. Uses defined as interim uses which presently exist as a legal use or a legal non-conforming use within a respective zoning district shall be considered approved and shall be treated as allowed uses.
2. New Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by subsection 1002.08.
Subd. 3. Information Requirements. All information as required by the city’s interim use permit handout.
Subd. 4. General Standards. An interim use shall comply with the following:
1. Meet the standards of a conditional use permit set forth in subsection 1002.08;
2. The use is allowed as an interim use in the respective zoning district and conforms to zoning regulations;
3. The date or event that will terminate the use can be identified with certainty;
4. The use will not impose additional unreasonable costs on the public if it is necessary for the public to take the property in the future; and
5. The user agrees to any conditions that the City Council deems appropriate for permission of the use.
Subd. 5. Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
1. The date or event stated in the permit; and/or
2. Upon violation of conditions under which the permit was issued.
Subd. 6. Limitations on Renewal. An interim use permit that has expired or has been terminated shall not be eligible for renewal if a change in the city’s zoning regulations has rendered the use non-conforming.
Subd. 7. Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this subsection shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued; or, unless before the expiration of the one-year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. A request for an extension not exceeding one year shall be subject to the review and approval of the Zoning Administrator or designee. Should a second extension of time or any extension of time longer than one 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.
Subd. 8. Site Improvement Performance Agreement. Upon approval of an interim use permit, the city may require the applicant to enter into a performance agreement prior to issuing of building permits or initiation of work on the proposed improvement or development. Said agreement shall guarantee conformance and compliance with the conditions of the interim use permit and the codes of the city. The performance agreement shall be prepared and approved by the City Attorney and shall provide for all of the items specified by subsection 1006.07.