§ 160.169 INTERIM USES.
   (A)   The following are interim uses in a B-1 District requiring an interim use permit. An interim use permit must be obtained in accordance with procedures identical in form and substance to the conditional use permit procedures found in § 160.452 of this chapter. Interim use permits may be approved for a determined or undetermined period of time at the sole discretion of the City Council.
   (B)   Temporary tents and/or membrane structures, under the following conditions.
      (1)   The tent or membrane structure shall comply with all provisions of the Fire Code and receive an annual fire permit issued by the Fire Marshal.
      (2)   The property owner shall annually apply for a zoning permit, the duration of which cannot exceed 180 days.
      (3)   Adequate parking to accommodate the occupancy shall be provided at a ratio of one parking space per 40 square feet of tent area. (The City Council may waive the parking requirement if it can be shown that the site has sufficient existing parking capacity.)
      (4)   The structure may not be located in or on a parking lot displacing parking stalls, unless it can be shown that an adequate amount of parking remains.
      (5)   The tent or membrane structure shall be subject to same building setbacks as the principal building on the lot. No tent or membrane structure shall be allowed instead of or without a principal building.
      (6)   The tent or membrane structure shall be limited in size to 5,000 square feet or 10% of the principal building’s square footage, whichever is less.
      (7)   The membrane or cover shall be constructed of a durable reinforced material to withstand wind and snowloads.
      (8)   The structure shall be anchored to the ground.
      (9)   The tent or membrane structure shall be maintained in a good condition. Deficiencies shall be corrected as soon as practicable.
      (10)   The IUP can be reviewed at any time by the city if problems arise which would necessitate revision or termination of the IUP.
      (11)   The IUP would become null and void if the property owner fails to comply with the provisions of the permit or if the structure is removed for more than a one-year period, or if the property undergoes a change of ownership.
      (12)   Exceptions:
            (a)   Tents or membrane structures erected for periods that do not exceed one week shall not require an interim use permit; however, a zoning permit and fire permit are required regardless of the time frame.
            (b)   To eliminate duplication of review, when a use (such as, outdoor sales or storage) would otherwise require a conditional use permit, an interim use permit shall not be required if a tent or membrane structure is involved and is addressed as part of the CUP.
(Prior Code, § 1112.05) (Ord. 735, passed 05-10-2004)