(A) Purpose. The purpose of an Interim Use Permit (IUP) is to permit a use which would not be appropriate generally, but which may be allowed within a certain zoning district with appropriate restrictions. An IUP is not intended to last indefinitely, but is meant to have a specific end date for when the use will no longer be allowed on the property. Upon request, the City Council may determine that any principal or accessory use listed in Table 152.1 and 152.2 may be an interim use.
(B) Procedure. The application for an IUP shall be made and processed using the same procedure as outlined in § 152.100 Common Procedures and Requirements.
(C) Criteria for review. The City Council shall approve the IUP only if it finds the use to be consistent with the general purpose and intent of this chapter and the comprehensive plan. Its judgement shall be based upon the criteria listed in § 152.102(C).
(D) Conditions. In recommending or approving any IUP, the City Council may impose conditions as listed in § 152.106(D) which are considered necessary to meet the standards of this chapter and to protect the best interests of the surrounding area or the city as a whole.
(E) Amendments to an IUP shall be processed as specified in § 152.100 Common Procedures and Requirements.
(F) Expiration. An interim use permit expires and the interim use must terminate at the earliest occurrence of one of the following:
(1) The expiration date in the interim use permit;
(2) The occurrence of any event identified in the interim use permit for the termination of the use;
(3) Revocation of the interim use permit;
(4) An amendment of the City Code that no longer allows the interim use;
(5) An interim use permit expires one year 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; or
(6) An interim use permit expires if the interim use ceases operation for a continuous period of at least one year.
(G) Revocation or modification. The city may review an IUP periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the State of Minnesota, or any city ordinance. If it is discovered after approval of the IUP that the city's decision was based at least in part on false, misleading, or fraudulent information, the city may revoke the permit, modify the conditions or impose additional conditions to ensure compliance with this section.
(Ord. 2023-02, passed 5-9-23)