(A) Purpose and intent. The purpose and intent of allowing interim use permits is:
(1) To allow a use for a temporary 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 to the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district.
(3) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
(B) Application and procedure. Uses defined as “interim uses” shall be processed according to the standards and procedures for a conditional use permit as established by this section.
(C) Information requirement. The information required for all interim use permit applications shall be as specified in § 153.192 (Information Requirement) of this chapter. (D) General standards. An interim use shall comply with the following:
(1) The use will conform to the applicable general performance standards of this section.
(2) The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare.
(3) The proposed use will not create an excessive burden on parks, streets, and other public facilities.
(4) The date or event that will terminate the use can be identified with certainty.
(5) The use will not impose additional unreasonable costs to the public.
(6) The user agrees to any conditions that the City Council deems appropriate for permission of the use.
(E) Enforcement. Enforcement of the provisions of this section shall be in accordance with this section. The city reserves the right upon issuing any interim use permits to inspect the premises to ensure compliance with the provisions of this section or any conditions additionally imposed. Violation of an issued permit of the provisions of this section shall be grounds for termination of the interim use permit.
(F) Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
(1) The date or event stated in the permit, but in no case more than 5 years from the date of approval of the permit.
(2) Upon violation of conditions under which the permit was issued.
(3) Upon change in the city’s zoning regulations rendering the use nonconforming.
(G) Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, interim use permits which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the City Council within 1 year of the date of approval unless the applicant has substantially commenced the authorized use or improvement, or unless within 30 days prior to the expiration of the interim use permit the applicant has petitioned for a time extension by completing and submitting a request for an extension, including the renewal fee as established by City Council resolution. Such extension request shall be submitted in writing and shall state facts showing a good faith attempt to complete or utilize the approval permitted in the interim use permit. A request for an extension not exceeding 1 year shall be subject to the review and approval of the City Council. Should a second extension of time of any extension of time longer than 1 year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(H) Site improvement performance agreement and financial guarantee. Following the approval of an interim use permit as required by this section and prior to the issuing of any building permits or the commencing of any work, the applicant, as may be applicable, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the interim use permit approval. The guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as specified in this chapter (Site Performance Agreement).
(I) Certification of taxes paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the interim use permit application relates.
(J) Shoreland Management Overlay District. The Commission of the Department of Natural Resources or its assigned agent shall be notified in writing and said notice shall be postmarked at least 10 days in advance of the public hearing of any request of an interim use permit included within the Shoreland Management Overlay District. Notice of final action for any of the applications identified above shall be sent to the Commissioner of the Department of Natural Resources and postmarked within 10 days of final action.
(Ord. 2009-5-1, passed 5-12-2009; Am. Ord. 2012-9-1, passed 9-11-2012; Am. Ord. 2016-11-2, passed 11-9-2016)
