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The purpose of this section is to establish a uniform mechanism for permitting interim commercial and industrial uses that occur on vacant land.
There are two types of Interim Use Permits authorized by the Code: Interim Commercial Use Permits and Interim Industrial Use Permits.
1. Interim Commercial Use Permits
Interim Commercial Use Permits are intended to facilitate "temporary urbanism" by utilizing vacant land to create vibrant destinations through outdoor unique uses that will benefit the neighborhood, and are open to the public. These uses include, but are not limited to: outdoor markets for art, produce, or other handmade goods; recreational spaces; community gardens; philanthropic, educational or cultural uses; community gathering spaces; public parking lots; showcases for art, culture, nature or innovation; or other similar uses. An Interim Commercial Use shall meet the following site conditions:
a. The use is proposed on a vacant lot (i.e., one with no permanent improvements other than paved surfaces);
b. The use is proposed on land located within a Commercial base zoning district;
c. The use is proposed on land owned by the City or the Community Redevelopment Agency (CRA), or involves activities and improvements co-sponsored by the City or the CRA; and
d. The use is proposed on land:
i. Located within with the East Community Redevelopment Area or the Northwest Community Redevelopment Area; or
ii. For which a prior or concurrent application for Site Plan or Plat approval has been submitted.
2. Interim Industrial Use Permits
Interim Industrial Use Permits are intended to facilitate landfill, mining, excavation, fill or similar operations by utilizing vacant land for the purposes of establishing a future use of the property. An Interim Industrial Use shall meet the following site conditions:
a. The use is proposed on land located within an Industrial base zoning district; and
b. The use is proposed on land:
i. For which a prior or concurrent application for Plat approval has been submitted; or
ii. For which a prior or concurrent application to reclassify land as Planed Commercial/Industrial has been submitted.
C. Interim Use Procedure
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Optional (See Section 155.2302.).
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except applications shall include a site plan, a detailed description of the interim use, a statement of the proposed days and hours of operation, and an affidavit stating that within construction of a permanent use or removal of any site improvements will occur within 60 days after discontinuing the interim use. An application for an Interim Commercial Use Permit shall also include any request for waivers authorized in Section 155.2415.D.2, Waivers.
4. Step 4: Staff Review and Action
Applicable to a recommendation by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.).
6. Step 6: Advisory Body Review and Recommendation
Applicable to a recommendation by the P&Z (See Section 155.2306.).
7. Step 7: Decision-Making Body Review and Decision
D. Interim Use Review Standards
An application for an Interim Use Permit shall be approved only on a finding that there is competent substantial evidence in the record that the Interim Use, as proposed:
b. Is consistent with the comprehensive plan;
c. Is consistent with any adopted Master Plan;
d. Will not create a traffic hazard or nuisance with consideration given to, but not limited to, location of existing uses, turning movements in relation to the access to public roads and intersections or its location in relation to other buildings or proposed buildings on adjacent properties;
e. Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding property or the neighborhood, with consideration given to, but not limited to, noise, vibration, fumes, odors, dust, glare, other environmental hazards, or physical activity that will be generated and is otherwise present in the area; and
f. Will not adversely affect the health, safety, security, morals, or general welfare of the neighborhood;
g. Will not, with consideration given to the existing development in the area and development permitted under the current zoning provisions, overburden existing public services and facilities, including police and fire protection, water, sanitary sewer, public road, storm drainage, and other public improvements, and will not create a hazard by virtue of its site and location to residents, visitors, or workers in the neighborhood;
h. Will be in harmony with the general character of the neighborhood, with consideration given to, but not limited to, population density, intensity, character of activity, traffic and parking conditions, and the number of similar uses in the neighborhood; and
i. Is consistent with CPTED standards for natural surveillance, natural access control, territorial reinforcement, and maintenance.
j. Additionally, an Interim Commercial Use shall comply with the following standards:
i. Will benefit the neighborhood and will be open to the public;
ii. Is an outdoor use that would otherwise be allowed in the zoning district in which it is located as either a Permitted Use, Special Exception Use, or Accessory Use; and
iii. Is a community serving use.
In conjunction with approval of an application for an Interim Commercial Use Permit, the ZBA may grant requested waivers from setback and pervious area standards in Article 3: Zoning Districts; Use-specific standards in Article 4: Use Standards; and access and circulation, off-street parking and loading, and landscaping standards in Article 5: Development Standards only on a finding that there is competent substantial evidence in the record that
a. There exists a practical difficulty in complying with literal code requirements yet the request is in harmony with the spirit and intent of the Code;
b. There will be no adverse impact on surrounding properties;
c. The proposed waiver is the minimum waiver necessary to accommodate the proposed use;
d. The request is temporary in nature for the interim use period only;
e. The proposed use with the waiver is consistent with the comprehensive plan; and
f. The development standards from which the applicant seeks relief are not otherwise specifically required in the Interim Use standards.
E. Effect of Approval
A development order for an Interim Use may be approved by the ZBA for up to five years. The Planning and Zoning Board may recommend and the Zoning Board of Appeals may provide conditions and restrictions on the location and operation of an Interim Use including, but not limited to, location of points of vehicular ingress and egress, off-street parking and loading and unloading and building setbacks, landscape requirements, as may be deemed necessary to promote the general objectives of this subchapter and to reduce or minimize any adverse potential impacts upon other property in the area. Failure to maintain the conditions or restrictions imposed shall constitute grounds for revocation of the permit for Interim Use.
A development order for an Interim Use Permit shall remain effective for the time period specified in the approved development order.
2. Extension of Expiration Time Period
The expiration date for a development order for an Interim Use Permit may be extended in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.