(A) Purpose. The purpose and intent of allowing interim uses is:
(1) To allow a use within any zoning district for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the Comprehensive Plan;
(2) To allow a use that is presently acceptable but that, with anticipated development or other changes, will not be acceptable in the future.
(B) Application and procedures. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided in § 150.036.
(C) Standards. The Planning Commission shall recommend an interim use permit and the City Council shall issue such interim use permit only if it finds that such use at the proposed location:
(1) Meets the standards of a conditional use permit set forth in § 150.036;
(2) Will terminate upon a date or event that can be identified with certainty;
(3) Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future;
(4) Will be subjected to, by agreement with the property owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the property owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
(D) Termination. An interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first:
(1) The date or event stated in the permit; or
(2) A violation of conditions under which the permit was issued; or
(3) A change in the city's Zoning Code which renders the use non-conforming; or
(4) The use has been discontinued for six (6) months.
(E) Limitations on interim uses. No more than one (1) request for extension shall be granted by the City Council. Such extension requests shall be in writing and filed with the city at least thirty (30) days before expiration of the original permit.
(Ord. 395, passed 7-6-2010)