Uses defined as interim uses in § 150.038 are allowed by the city pursuant to governing law contained in M.S. § 462.3597, as it may be amended from time to time, after appropriate review and approval in accordance with the criteria, standards, and procedures for a conditional use permit contained in § 150.283 and the below requirements contained in this section. An interim use will be reviewed in the same manner as a conditional use permit, except as otherwise provided in this section. All submittal requirements in § 150.283 shall be required for interim use permits.
(A) Additional standards. In addition to the forgoing, interim uses shall comply with all of the following standards.
(1) The use is allowed in and conforms to the applicable zoning regulations for the respective zoning district, including applicable performance standards.
(2) The date or event that will terminate the use is identified with certainty and is included in writing within the approved interim use permit.
(3) The use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future.
(4) There is adequate assurance that the property will be left in suitable condition after the interim use is terminated. The City Council may require a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit.
(5) The user agrees to any conditions deemed appropriate by the City Council for the permission of the interim use. Such conditions shall be included in writing in the issued interim use permit or alternatively in a written agreement with the user attached to the approved interim use permit.
(B) Termination. An interim use permit shall terminate on the happening of any of the following events, whichever occurs first:
(1) The occurrence of the date stated in the interim use permit, which shall not be for a period greater than five years;
(2) The occurrence of the event stated in the interim use permit;
(3) Upon violation of conditions under which the permit was issued; or
(4) Upon change in the city’s zoning regulations which renders the use non-conforming.
(C) Lapse, extension. Unless the City Council approves a different time in an approved permit, an interim use permit shall expire without further action by the Planning Commission or City Council, unless the user/applicant commences the authorized interim use within one year of the date the interim use permit issued; or, unless before the expiration of the one year period, the applicant shall apply for an extension to initiate such use. The request for an extension by a user/applicant shall be made to the City Clerk-Treasurer, and the user/applicant shall provide evidence as required by City Clerk-Treasurer sufficient to demonstrate the user/applicant’s good faith effort to complete or utilize the use permitted in the interim use permit within the one-year period. A request for an extension may be granted by the City Clerk-Treasurer for an additional period up to one year. A denial of an extension by the City Clerk-Treasurer may be appealed in writing by the user/applicant to the City Council within ten days of the date of the City Clerk-Treasurer’s decision. The user/applicant’s written appeal shall state the grounds for the appeal and be submitted to the City Clerk-Treasurer within the ten-day period. Failure to timely appeal shall constitute a waiver of the right to appeal and shall not be considered. A timely filed appeal will be heard by the City Council within 60 days of the date the appeal is received by the City Clerk-Treasurer.
(Ord. passed 4-10-2017)