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(1) In order to give flexibility to the district use regulations of this chapter, which is necessary to achieve the objectives of the Comprehensive Plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit.
(2) The City Council may grant an interim use permit for the interim use of property if:
(a) The use conforms to the zoning regulations;
(b) The date or event that will terminate the use can be identified with certainty;
(c) Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and
(d) The user agrees in writing to any conditions that the City Council deems appropriate for permission of the use.
(B) Exhibits. The following exhibits shall be required:
(1) Map or plat as listed on the application form;
(2) Plans and drawings as listed on the application form; and
(3) Other documents as requested by the Zoning Administrator.
(1) The Planning Commission shall hold a public hearing on the application following notice of the time, place and purpose of the hearing published in the official newspaper of the city at least ten days prior to the day of the hearing. Following the public hearing, the Planning Commission shall forward its recommendation to the City Council. The Planning Commission may recommend and the City Council may stipulate conditions and restrictions upon the establishment, location, construction, maintenance and operation of the interim use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.
(2) The City Council shall approve or deny the application pursuant to § 153.028(C)(2).
(D) Denial. The City Council may deny an application for an interim use permit upon a written finding of legally sufficient reasons with a factual basis. No application for an interim use permit that has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the City Council.
(E) Lapse of interim use permit. An interim use permit shall lapse and become null and void three months following the date on which the interim use permit became effective if it is not in use.
(F) Revocation/termination. A violation of any condition set forth in an interim use permit shall be a violation of this chapter and shall terminate the interim use permit.
(G) Exceptions. Notwithstanding the provision of division (C) above, an interim use shall not require a hearing before the Planning Commission or City Council and may be approved administratively, provided that:
(1) The application is a renewal of an interim use permit which was previously approved by the City Council pursuant to division (C);
(2) There have been no issues or violations with the existing interim use permit;
(3) There are no substantial changes to the interim use permit as determined by the Zoning Administrator;
(4) The Community Development Department has conducted an administrative review; and
(5) The property owner on which the interim use permit is located is current on all city fees.
(Ord. 01-15, passed - -; Ord. passed 10-11-1963; Ord. 16-07, passed 6-13-2016)