(A) Purpose. The purpose of an interim use permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the City Council upon recommendation of the Planning and Zoning Commission and benefit the public good in the following cases:
(1) To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction.
(2) To allow a use which is presently judged acceptable by the City Council, 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 long-range change in 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) Criteria for granting interim uses. An interim use may be granted only in the event that the following circumstances exist:
(1) The proposed use meets the standards of a conditional use permit established in within this chapter.
(2) The proposed use conforms to applicable general performance standards identified within this chapter.
(3) The date or event that will terminate the use can be identified with certainty.
(4) The use will not impose additional unreasonable costs on the public.
(5) The user agrees to any conditions that the City Council deems appropriate for permission of the use, including in the city's discretion, a condition that the user shall be responsible for the cost of removing the interim use and any structures associated with the interim use upon the expiration of the interim use permit, and that the user may be required to provide appropriate financial security to cover such cost.
(6) Failure to comply with any one of the applicable criteria as determined by the city shall be sufficient cause to deny the interim use permit application.
(C) Required exhibits.
(1) Abstract or certificate showing property owners' names and addresses within 350 feet of the outer boundaries of the property in question; if applicant is not the property owner, an enforceable option shall be submitted.
(2) A boundary line survey.
(3) A general development plan showing the potential development of the property, including proposed streets, buildings, landscaping and drainage.
(D) Procedure. The procedure for applying for an interim use permit is as follows:
(1) The property owner or his or her agent shall meet with the Zoning Administrator to explain his or her proposal, learn the procedures, and obtain an application form.
(2) The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator. All applications for an interim use permit must be received in the office of the Zoning Administrator not later than 30 days prior to the Planning Commission meeting.
(3) The Zoning Administrator shall review submitted materials within five working days for completeness and shall make a determination whether any additional materials need to be supplied by the applicant. If additional materials need to be supplied regarding the application, the Zoning Administrator shall notify the applicant in writing no less than ten days following the initial application submittal.
(4) For some applications, due to the scale of the changes requested, potential for conflict, or the health or safety considerations, the Zoning Administrator may determine that an additional 60-day time period is needed in which to conduct staff review of the proposed changes. The applicant will be notified in writing of the time extension. The reasons for the extension will be specified in the letter.
(5) Once an applicant's form and exhibits are determined to be complete, the Zoning Administrator shall transmit the application to the Planning Commission and shall notify by registered mail all property owners within 350 feet of the outer boundaries of the property in question.
(6) The Zoning Administrator shall set the date for a public hearing and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days and not more than 30 days prior to the hearing.
(7) The Planning Commission shall hold the public hearing and shall then study the application to determine possible adverse effects of the proposed interim use and to determine what additional requirements may be necessary to reduce the adverse effects and recommend one of the three actions: approval, denial or conditional approval.
(8) The Planning Commission shall transmit, within 15 days, its recommendation to the City Council for its official action.
(9) The City Council shall take appropriate action on the request for interim use permit within 15 days of receiving the recommendations by the Planning Commission. If it grants an interim use permit, the City Council may impose conditions, including time limits it considers necessary to protect the public health, safety and general welfare, and the conditions may include a time limit for the use to exist or operate.
(10) The applicant or his or her representative shall appear at the public hearing in order to answer questions concerning the proposed interim use permit.
(11) No re-application of a property owner for an interim use permit shall be considered by the Planning Commission within a one-year period following a denial of the request, except that the Planning Commission may permit a new application, if, in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it.
(D) Revocation. All interim use permits shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of a permit issued hereunder are within compliance. Any interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the city council with all interested parties be given an opportunity to be heard.
(E) Termination. An interim use shall terminate upon the occurrence of any of the following events:
(1) The termination date or event specified with approval of the interim use.
(2) Any violation of the conditions under which the interim use was issued.
(3) A change in the city's zoning regulations that make the use non-conforming.
(Ord. 2006-188, passed 1-26-2006)