(A) Purpose and intent. The purpose and intent 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 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.
(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 said 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) Procedures. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the following standards and procedures.
(1) The applicant(s) shall submit a completed application and all required materials to the city. The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant.
(2) Pursuant to Minnesota Statutes, an application for an interim use shall be approved or denied within 60 days from the date of its official and complete submission. The 60 day review period can be extended an additional 60 days pursuant to M.S. § 15.99, as it may be amended from time to time. If the initial 60 day review period is extended, the city must provide written notice of the extension to the applicant before the end of the initial review period.
(3) Upon receipt of a complete application, as determined by the city and following preliminary staff analysis of the application, the city shall refer the matter to the Planning Commission and establish a time for hearing on the application. Notice of the hearing shall be published in the official newspaper at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to the hearing to all owners of land within 350 feet of the boundary of the property in question.
(4) Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt to comply with the provisions of this chapter has been made. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be made a part of the record.
(5) The Planning Commission shall take public testimony at the public hearing and review the submitted application and recommendation from city staff and make a recommendation to City Council for denial or approval. The recommendation of the Planning Commission shall include all conditions or modifications to the application.
(6) The City Council shall review the submitted application and recommendation from the Planning Commission and city staff and make a final decision. The final decision of the City Council shall include all conditions or modifications to the application. The Planning Commission, in making a recommendation, and the City Council, in acting upon an interim use application, shall consider the following general standards.
(C) General standards. An interim use shall comply with the following:
(1) Meet the standards of a conditional use permit set forth in § 153.034 of this chapter;
(3) The use is allowed as an interim use in the respective zoning district;
(4) The date or event that will terminate the use can be identified with certainty;
(5) The use will not impose additional unreasonable costs on the public;
(6) The user agrees to any conditions that the Planning Commission deems appropriate for permission of the use.
(D) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
(1) The date 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 nonconforming;
(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.
(E) Revocation.
(1) A violation of any condition set forth in an Interim Use Permit shall be a violation of this chapter, and failure to correct the violation within 30 days of written notice from the city shall terminate the permit.
(2) Revocation shall not occur earlier than 10 city working days from the time the written notice of revocation is served upon the permittee, or if a hearing is requested, until written notice of the Planning Commission action has been served on the permittee.
(3) Notice to the permittee shall be served personally or by registered or certified mail at the address designated in the permit application. The written notice of revocation shall contain the effective date of the revocation, the nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusions that a violation or violations have occurred, and a statement that if the permittee desires a hearing to contest the revocation, the permittee must, within 10 days, exclusive of the day of service, file a request for a hearing.
(4) The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the city by midnight of the tenth day following service of the notice of revocation.
(5) Following the receipt of a request for a hearing, the city shall set a time and place for the hearing which shall be conducted in accordance with the procedures to appeal decisions of the city as set forth in this chapter.
(F) Amendment. Holders of an IUP may propose amendments to the permit at any time following the procedures for a new permit set forth in this chapter. No significant changes in the circumstances or the scope of the permitted uses shall be undertaken without approval of those amendments by the Planning Commission. The city shall determine what constitutes significant change. Significant changes include, but are not limited to, hours of operation, number of employees, expansion of structures and/or premises, and operational modifications resulting in increased external activities and traffic, and the like. The Planning Commission may approve significant changes and modifications to IUPs, including the application of additional or revised conditions.
(G) Expiration. Unless the Planning Commission specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this chapter shall expire without further action by the Planning Commission unless the applicant commences the authorized uses within 1 year of the date the IUP is issued, or, unless before the expiration of the 1-year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the IUP. A request for an extension not exceeding 1 year shall be subject to the review and approval of the city. Should the applicant request a second extension or any extension of time longer than 1 year, it shall be presented to the Planning Commission for a decision.
(H) Reapplication. No application for an IUP for a particular use on a particular parcel shall be resubmitted for a period of 1 year from the date of the denial of the previous application unless a decision to reconsider the matter is made by a majority vote of the full Planning Commission.
(I) Certification of taxes paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the interim use permit application relates.
(Ord. 596, passed 2-8-2010; Am. Ord. 636, passed 3-24-2014; Am. Ord. 648, passed 9-28-2015)