- ADMINISTRATION—INTERIM USE PERMITS
The purpose and intent of allowing interim uses 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 by 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.
Uses defined as "interim uses" shall be processed according to the standards and procedures for a conditional use permit as established by article 4 of this Appendix E.
An interim use shall comply with the following:
(1)
The standards of a conditional use permit set forth in article 4 of this Appendix E.
(2)
The applicable general performance standards of section 4-5 of this Appendix E.
(3)
The use is allowed as an interim use in the respective zoning district.
(4)
The date or event that will terminate the use can be identified with certainty.
(5)
The use will not impose additional unreasonable costs on the public.
(6)
The user agrees to any conditions that the city council deems appropriate for permission of the use.
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.
(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.
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.
Unless the city council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this article shall expire without further action by the planning commission or the city council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued; or, unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by city council resolution. The request for extension shall state facts showing why the recipient of the permit cannot commence the use permitted in the interim use permit within one year. All such requests shall be considered by the city council and shall only be granted upon a finding by the city council of exceptional circumstances that could not reasonably have been anticipated at the time the permit was issued.
Following the approval of an interim use permit as required by this article 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 section 9-10 of this Appendix E.
- ADMINISTRATION—INTERIM USE PERMITS
The purpose and intent of allowing interim uses 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 by 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.
Uses defined as "interim uses" shall be processed according to the standards and procedures for a conditional use permit as established by article 4 of this Appendix E.
An interim use shall comply with the following:
(1)
The standards of a conditional use permit set forth in article 4 of this Appendix E.
(2)
The applicable general performance standards of section 4-5 of this Appendix E.
(3)
The use is allowed as an interim use in the respective zoning district.
(4)
The date or event that will terminate the use can be identified with certainty.
(5)
The use will not impose additional unreasonable costs on the public.
(6)
The user agrees to any conditions that the city council deems appropriate for permission of the use.
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.
(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.
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.
Unless the city council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this article shall expire without further action by the planning commission or the city council, unless the applicant commences the authorized use within one year of the date the interim use permit is issued; or, unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by city council resolution. The request for extension shall state facts showing why the recipient of the permit cannot commence the use permitted in the interim use permit within one year. All such requests shall be considered by the city council and shall only be granted upon a finding by the city council of exceptional circumstances that could not reasonably have been anticipated at the time the permit was issued.
Following the approval of an interim use permit as required by this article 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 section 9-10 of this Appendix E.