(A) Purpose and scope.
(1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction.
(2) To allow a use that is presently judged acceptable by the City Council but with anticipated development will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed in the district.
(3) To allow a use that anticipates long-range change in an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with nearby uses and is in keeping with the architectural character and design standards of existing uses and development.
(C) Initiation of proceedings. A request for an interim use permit shall be initiated by an owner of property or an authorized representative pursuant to § 154.175(B) titled, authority to file applications.
(D) Application. An application for an interim use permit shall conform to the common review procedures and requirements and:
(1) The submittal materials listed for a site plan review except those that may be exempted by the Community Development Director;
(2) Any other information that may be reasonably required by the city to evaluate the application.
(E) Conditions required for approval. Approval of an interim use permit may only be made upon a determination that an application meets the following criteria:
(1) The proposed interim use is presently acceptable but is expected to not be acceptable in the future based on the city’s Comprehensive Plan and anticipated development;
(2) The interim use will not impede the normal and orderly use or development of nearby property, substantially diminish nearby property values, place an undue burden on public facilities or services, or unduly affect natural features;
(3) The date, event, or change in circumstances that will terminate the use is identified with certainty;
(4) The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future re-approval of the interim use permit;
(5) The applicant agrees to all conditions that the City Council deems appropriate to allow the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit; and
(6) There are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel.
(F) City staff review and recommendation. The Community Development Department is authorized to review and provide recommendations to the Planning Commission and Council. At the discretion of the Community Development Director, the Development Review Committee may provide advice.
(G) Planning Commission recommendation and City Council decision. Before any interim use permit is approved, the Planning Commission shall hold a public hearing and make a recommendation to the City Council. The Council shall consider the request(s) in light of the recommendation of the Planning Commission and the interim use review criteria then render a decision. In approving an interim use permit, the Council may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact as to how the request did not meet one or more of the review criteria.
(H) Effect of an interim use permit approval.
(1) An interim use permit shall authorize only the improvements and use approved by the City Council as an interim use over the specified timeframe.
(2) An interim use permit, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(I) Termination. An interim use shall be terminated and removed for any of the following reasons, whichever occurs first:
(1) The date, event or circumstances stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city’s zoning regulations which renders the use nonconforming;
(4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.
(J) Revocation. The City Council may revoke an interim use permit upon finding that any of the conditions set forth in the permit are violated. Before the revocation is considered, the City Council shall hold a public hearing. Following the hearing, the Council may revoke the interim use permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.
(K) Amendments and renewals. All requested amendments or renewals of an existing interim use permit shall be processed in the same manner as a new application.
(Ord. 1040, passed 1-5-16)