(A) Purpose. The purpose of interim use permits is:
(1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.
(2) 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.
(3) To allow a use that complies 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.
(B) Applicability. An interim use permit applies to those uses that fit the criteria of division (A), above.
(C) Review standards. The Planning Commission and City Council shall consider the following factors when making its determination on an interim use permit application:
(1) The use conforms to the zoning regulations;
(2) The date or event that will terminate the use can be identified with certainty;
(3) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and
(4) The user agrees to any conditions that the governing body deems appropriate for permission of the use.
(D) Conditions. The Planning Commission may recommend, and the City Council may impose, reasonable conditions relating to this chapter. Such conditions must be related to the purpose of the chapter and be based on factual evidence. The city may, however, impose conditions that are additional to or above those standards contained in this chapter.
(E) Duration. An interim use permit shall terminate on the happening of any of the following events, whichever occurs first:
(1) The date stated in the interim use permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city's zoning regulations, which render the use non-conforming; or
(4) The redevelopment of the use and property.
(F) Changes in zoning classification. In the event a property is rezoned to a district where the use becomes permitted, or a text amendment makes the use permitted in the zoning district, the interim use permit is voided.
(Ord. 2024-1304, passed 7-29-24)