Interim Use Permits granted in this section shall be temporary in nature, valid in accordance with Section 7A-532. Interim Use Permits shall be granted to a designated person or entity, and are not transferable to other persons or entities.
A. Applications for Interim Use Permits shall be filed with the Zoning Administrator, together with a filing fee established by the City Council by ordinance. The application shall be forwarded to the Planning Commission for a public hearing. Notice of the hearing shall be published in the official newspaper at least ten (10) days prior to the hearing. Notification of the hearing shall be mailed to all owners of property within 350 feet of the affected property. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceeds, provided a bona fide attempt to comply with these procedures has been made. Following the public hearing, the Planning Commission shall make its findings and forward its recommendations to the City Council for final action on the application for an Interim Use Permit. The City Council shall consider the recommendations of the Planning Commission, and may consult with the Zoning Administrator, City Planner, and City Building Official where the City Council finds it beneficial to the deliberation of the Interim Use Permit.
B. Upon the expiration of Interim Use Permit term, an Applicant may reapply for an Interim Use Permit in the same manner as an initial application. Prior granting of an Interim Use Permit does not give an Applicant any vested right to a subsequent Interim Use Permit. Interim Use Permits shall conform to restrictions or conditions applicable to all uses in the district, and other conditions the City Council may determine are necessary to avoid conflict with surrounding land usage.
C. Findings. The City Council shall make the following findings when issuing an Interim Use Permit:
1. That the use is allowed in the District and conforms to the regulations of this Section;
2. That the date or event that will terminate the use can be identified with certainty;
3. That 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. That the user agrees to any conditions that the City Council deems appropriate for permission of the use.
[§ 7A-530 amended by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007, as amended by Ord. No. 11-06, effective August 4, 2011, amended by Ord. No. 12-03, effective May 17, 2012.]