(A) Applicability. The purpose of an interim use permit is to temporarily permit a use, which would not be appropriate generally, but which may be allowed within a certain zoning district with appropriate restrictions. An interim use permit is not intended to last indefinitely, but is meant to have a specific end date for when the use will no longer be allowed on the property. Upon request, the City Council may determine that any principal or accessory use listed in Tables 151.02.01 and 151.02.02 may be an interim use.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting an interim use permit application.
(C) Submittal. The application for an interim use permit shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing. The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the interim use permit and shall transmit the application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the interim use permit application. The City Council may remand the interim use permit request back to the Planning Commission for further consideration once during the review process.
(d) The user agrees to any and all conditions that the city deems appropriate for permission of the use. The conditions may include but are not limited to:
1. A performance bond for the entire period of the interim use sufficient to cover any future costs the city may incur to enforce the provisions of the interim use permit; and
2. Hours of operation, parking restrictions, lighting restrictions, screening, landscaping, fencing, signing restrictions, noise restrictions and the like.
3. Failure of the city to specifically note conditions or restrictions does not waive the city’s ability to enforce existing codes or hold a subsequent hearing and delete or impose additional conditions upon the property at any time.
4. All additional conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein.
(e) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(E) Criteria for review. In considering the interim use permit application, the Planning Commission and City Council shall consider the following factors:
(1) Conformity of the proposed use with the zoning regulations;
(2) Ability of the date or event that will terminate the use to be identified with certainty;
(3) Whether the use will impose additional costs on the public if it is necessary for the public to take the property in the future; and
(4) Whether the user agrees to any conditions that the governing body deems appropriate for permission of the use.
(F) Termination/expiration.
(1) Any interim use permit issued by the city automatically expires upon the termination date or event noted in the permit or upon change of the ownership of the property, whichever comes first.
(2) Any interim use permit may be terminated by a change in this chapter or violations of any of the conditions imposed by the city.
(Ord. 20220120-01, passed 1-20-22)