(a) Purpose. The purpose of the interim use permit application process is to:
(1) Ensure that sufficient information is provided by the applicant;
(2) Ensure that interim uses comply with city code requirements;
(3) Ensure that temporary uses remain temporary in nature;
(4) Ensure that appropriate conditions are attached to enhance compatibility with surrounding uses; and
(5) Ensure that conditional use permit applications are processed in a manner consistent with state statutes.
(b) Where required. Interim use permits are required prior to the establishment of any use listed in any zoning district as an interim use.
(c) Initiation. An interim use permit application must be initiated by the owner of land upon which the interim use is proposed or by the City Council. If an interim use permit application is denied, an applicant may not submit a subsequent interim use permit application for the same use on the same site until one year has passed since the denial.
(d) Review and approval. Interim use permit applications must be reviewed and acted upon by the Planning Commission, except for the uses listed in subsection (d)(1) below, which must be reviewed by the Planning Commission and acted upon by the City Council. If the Planning Commission action results in a tie vote, the interim use permit application is automatically sent to the City Council for their final action.
(1) City Council review. Because of higher potential to negatively impact surrounding property, the following use types must be reviewed by the Planning Commission and acted upon by the City Council when an interim use permit is required by the underlying zoning district:
(A) Open storage; and
(B) Remote airport parking.
(2) Appeal of Planning Commission decision. The applicant or a member of the public may appeal the decision of the Planning Commission to the City Council by submitting an appeals request with supporting materials within three business days of the decision. The appellants will be given the opportunity to present their case in front of the City Council.
(3) Conditions of approval. The entity empowered to take action on a given interim use permit application has the authority to attach conditions of approval to that application. Any modifications to conditions of approval must be made by the entity that was originally empowered to act upon the interim use permit.
(e) Findings. The following findings must be made prior to the approval of an interim use permit:
(1) The proposed use will not delay permanent development of the site;
(2) The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted district plan for the area;
(3) The proposed development is not in conflict with state law and the proposed use will not be in conflict with any provisions of the city code on an ongoing basis;
(4) The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare;
(5) The date or event that will terminate the use has been identified with certainty; and
(6) The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use.
(f) Expiration and termination.
(1) An interim use permit expires and the interim use must terminate at the earlier of:
(A) The expiration date established by the City Council at the time of approval, but in no event more than five years from the date of approval;
(B) The occurrence of any event identified in the interim use permit for the termination of the use; or
(C) Upon an amendment of the city code that no longer allows the interim use.
(2) Unused interim use permits expire six months after approval if the proposed use has not commenced or a building permit for a structure to support the interim use has not been issued. A land owner may apply to the Director of Community Development for no more than one time extension of up to six months for an unused interim use permit.
(3) Interim use permits expire if the interim use ceases operation for a continuous period of one year or longer.
(g) Suspension or revocation. The City Council may suspend or revoke an interim use permit upon the failure of the permittee, owner, operator, tenant or user to comply with the provisions of this code, the laws of the state or any condition established at the time of approval of the interim use permit. A suspension or revocation of an interim use permit must be preceded by written notice to the permittee and a hearing. The notice must provide at least ten days’ notice of the time and place of the hearing and must state the nature of the charges against the permittee. The notice must be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may be before the City Council or held in accordance with M.S. §§ 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions.
(h) Standards.
(1) Term. The term of an interim use permit must not exceed five years.
(2) Re-application. Because of its temporary nature, an interim use permit is not subject to renewal, but upon re-application for a time extension of the same use on the same site beyond the date of expiration of its interim use permit, succeeding interim use permits may be approved for up to five years each if the City Council makes the findings set forth in subsection (e) above in the affirmative and also finds that all previous conditions of approval have been satisfied and that the use meets all code requirements or has received appropriate variances from those requirements.
(i) Content. Interim use permit applications must include the following information, unless exempted by the Planning Manager:
(1) An application form that is signed by or otherwise authorized electronically or in writing by the property owner(s) or authorized representative;
(2) The required application fee as set forth in City Code Appendix A;
(3) Written documentation that includes:
(A) A complete description of the use;
(B) Schedule for commencement of the use;
(C) Size of the facility accommodating the use including the number of seats, students, customers and the like;
(D) Hours and dates of operation; and
(E) Anticipated employment.
(4) Floor plan or site plan;
(5) If applicable due to site or building modifications, a separate but associated final site and building plan application or final development plan application; and
(6) Any special studies requested. The Director of Public Works or the Director of Community Development may request special studies when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies.
(7) Any mandatory environmental review. Preparation and review of required documentation for any development project subject to mandatory environmental review as described in Chapter 21, Article V, Division F must be completed prior to any official action being taken by the city to approve the proposed development. Review of a development application may occur concurrent with a mandatory environmental review provided the required environmental review documentation is submitted with the development application.