(A) Permission And Conditions: The city council, after receiving a recommendation from the planning commission, may grant permission and set conditions for an interim use of property if:
1. The use conforms to the zoning regulations, performance standards and other requirements;
2. The use meets the standards of a conditional use permit set forth in section 10-3-5 of this chapter;
3. The date or event that will terminate the use can be identified with certainty;
4. 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
5. The use will be subjected to, by agreement with the owner, any conditions that the city has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and an interim structure upon the expiration of the interim use permit.
(B) Termination: An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first:
1. The date stated in the permit; or
2. A violation of conditions under which the permit was issued; or
3. A change in the city's zoning regulations which renders the use nonconforming as provided in section 10-4-2 of this title; or
4. Redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning districts.
(C) Procedure: Uses defined as "interim uses" shall be processed according to the standards and procedures for zoning amendments as provided for in section 10-3-12 of this chapter.
(D) Denial Of Permit: No application for an interim use which has been denied wholly or in part by the city council shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the city council. (Ord. 002-469, 2-19-2002; amd. Ord. 023-776, 9-18-2023)