(A) Purpose. In addition to the purposes stated in § 152.002, it is intended that the interim use permit procedures allow flexibility in the use of land or structures in the city when such uses are not permanent and when such uses meet appropriate conditions and performance standards that protect the public health, safety and welfare.
(B) Application, public hearing, and procedure. The application, public hearing, notice, and procedure requirements for interim use permits shall be the same as those for amendments, as provided in § 152.155, except that approval of an interim use by the City Council requires only a simple majority affirmative vote. If a proposed interim use is not listed as a permitted interim use in this chapter, a text amendment to this chapter will be required before an interim use permit may be considered.
(C) Termination. All interim use permits shall terminate on the happening of any of the following events, whichever first occurs:
(1) The termination date stated in the permit.
(2) A violation of the conditions under which the permit was issued.
(3) A change in the city’s zoning regulations that renders the use nonconforming.
(D) Standards.
(1) The interim use must be allowed in the zoning district where the property is located.
(2) The interim use must meet or exceed the performance standards set forth in this chapter and other applicable city ordinances.
(3) The interim use must comply with the specific standards for the use identified in this chapter, and must comply with all conditions of approval, which shall be included in the interim use permit agreement.
(E) Conditions. The city may attach conditions to approval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of approval, to protect the value of other property, and to achieve the goals and objectives of the Comprehensive Plan.
(F) Annual review/revocation. The Planning Commission may require the annual review of any interim use permit to ensure that its conditions are being complied with. Failure to comply with any condition set forth in a interim use permit shall constitute a violation of this section and shall be cause for the revocation of the interim use permit by the City Council following a public hearing. The property owner shall be notified in advance of the City Council’s review of the permit.
(G) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, interim use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued or unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. Said extension shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 102, passed 7-9-01; Am. Ord. 205, passed 11-9-15)