(A) Purpose. The purpose of allowing interim uses 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; and
(3) 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, the 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) 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 § 154.022 of this chapter.
(C) General standards. An interim use shall comply with the following.
(1) Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by the regulations in the future.
(2) New uses shall meet the following criteria:
(a) Meet the standards of a conditional use permit set forth in § 154.022 of this chapter;
(b) Conform to the applicable performance standards of this chapter;
(c) The use must be allowed as an interim use in the respective zoning district;
(d) The date or event that will terminate the use can be identified with certainty;
(e) 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
(f) The user shall agree to any conditions that the City Council deems appropriate for permission of the proposed use.
(D) Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs:
(1) The date or event stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the City’s zoning regulations which renders the use non-conforming; and/or
(4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.
(Ord. passed 3-20-2002, § 20, sub. 7)