(A) Interim uses shall run with the property for structures or other specified uses, as recommended by the Planning Commission after a public hearing and approved by the City Council. All interim uses are temporary and shall terminate on a specific date, or at the occurrence of a specific event, that shall be designated at the time the permit is approved.
(1) All applications for an interim use permit shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee.
(2) The fee or contract owner of the property shall sign the application.
(3) The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice at least 10 days in advance of this hearing to the DNR if the proposed is in shoreland.
(B) Submissions for interim use permit (IUP). The submissions for an IUP shall be the same as those required for a conditional use permit as detailed in § 152.155(B) of this chapter.
(C) No interim use permit application shall be accepted by the Zoning Administrator from a contractor or property owner having outstanding violations. Interim use permits can only be requested by contractors or property owners with outstanding violations upon resolution of the violation to the satisfaction of the Planning Commission.
(D) In permitting a new interim use or alteration of an existing interim use, the provisions of § 152.155(D) of this chapter shall apply to allow the Planning Commission to impose conditions on the approval.
(E) The Planning and Zoning Commission shall decide the issue with consideration to the following:
(1) The following must be met:
(a) The use or development is an appropriate interim use in the land use zone;
(b) The date or event that will terminate the use can be identified with certainty;
(c) 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
(d) The user agrees to any conditions that the governing body deems appropriate for permission of the use.
(2) The provisions of § 152.155(E)(2) of this chapter, must be considered as they would with a conditional use permit request.
(F) When costs to the city involved in processing and reviewing an application exceeds the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees and other professional services the city may need to retain in reviewing permits. The city may require an escrow account be established at the time the application is made.
(G) Violations of the conditions of an interim use permit shall automatically suspend the permit. A review of the violation shall be conducted by the Planning Commission. The Planning Commission shall make a recommendation to the City Council on conditions for reinstating the permit or revocation. The City Council shall make the final decision on reinstating or revoking the suspended permit.
(H) Failure by the owner to act on an interim use permit within 12 months shall void the permit.
(I) Appeals from the action of the city shall be filed with District Court within 30 days after Council action.
(J) The interim use permit runs with the land and applies to subsequent purchasers of the land so long as the conditions are being met.
(K) An interim use may be terminated by a change in this chapter.
(Ord. 906-2011, passed - -2011)