(A) Authority. No person or entity shall allow the existence of the following uses on lands that are partially or entirely owned, leased, or occupied by them without an Interim Use Permit (IUP), as listed in the Wright County Code of Ordinances, Title XV, issued by the Wright County Planning Commission. Interim uses must be consistent with the terms of the interim use permit and any applicable local, state, or federal law, rule or other statutory provision.
(B) Criteria for granting interim use permits. In granting an interim use permit, the Planning Commission shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. Among other things, the Planning Commission shall make the following findings where applicable.
(1) The use is in conformance with the Wright County Land Use Plan and Wright County Code of Ordinances.
(2) The interim use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
(3) The establishment of the interim use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.
(4) The date or event that will terminate the use can be identified with certainty.
(5) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
(C) Additional conditions.
(1) In permitting a new interim use or alteration of an existing interim use, the Planning Commission may impose, in addition to these standards and requirements expressly specified by this chapter, additional conditions which the Planning Commission considers necessary to protect the best interest of the surrounding area and community as a whole. These conditions may include, but are not limited to, the following:
(a) Increasing the required lot size or yard dimensions.
(b) Limiting the height, size, or location of any buildings or uses.
(c) Controlling the location and number of vehicle access points.
(d) Limiting the number, size, location, lighting or signs.
(e) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(2) Any change involving structural alterations, enlargements, intensification of use, expansion, or similar change not specifically permitted by the interim use permit issued shall require a new interim use permit. The Zoning Administrator shall maintain a record of all interim use permits issued, including information on use, location, conditions imposed by the Planning Commission, time limits, review dates, and other such information as may be appropriate. Any interim use permit granted under this provision shall terminate any previously approved interim use permit.
(3) Any interim use permit may be terminated by a change in zoning regulations.
(D) Procedure. The procedures for applying for an interim use permit shall be the same as those listed in § 155.029(C) of this chapter and the required notification distances shall be the same as those listed in M.S. § 394.26, as amended.
(E) Transferability.
(1) Any interim use permit (IUP) issued under this chapter is granted solely to the applicant and the business entity named in the application, and for the premises named in the IUP application. No IUP of any sort granted pursuant to this chapter is transferable to any other person or premises. If a change of ownership, control, or location of any licensed premises occurs, whether pursuant to a move, sale, transfer, assignment, or otherwise; the owner or proposed new owner must complete a new application subject to approval pursuant to this chapter. A change of ownership or control includes, but is not limited to:
(a) The sale of all or substantially all of the company assets;
(b) Sale or acquisition of 40% or more of the controlling interest (voting) stock if the company stock is publicly traded;
(c) Sale of 51% of the voting stock if a non-publicly traded stock or closely held corporation;
(d) Execution of a management agreement; or
(e) The change of any officer or majority stockholder if the company is a closely-held corporation.
(F) All previously granted or allowed conditional use permits that include a condition or conditions related to an expiration date, time limit, or other triggering event, shall be considered an interim use permit.
(G) Where an interim use has been established and is discontinued for any reason for a period of one year or longer, or where an interim use has been changed to a permitted use or to any other interim use, the interim use permit has become null and void.
(Ord. 23-1, passed 5-2-2023)