In order to provide property owners with greater flexibility on the usage of their property prior to final development, the city has defined specific uses that may be approved for a property, subject to city council approval. Interim uses are typically uses that are not appropriate based upon strict application of restrictions of this title, existing development and proposed future land use plans; however, they may have merit as uses as a precursor to final development of a property. (Ord. 1098, 11-8-2004)

The following land uses shall be deemed interim uses within the city:

   A.    Within the B-3 and I-1 zoning districts only, portable or temporary metal shipping containers or storage pods associated with mini-storage facilities, subject to the conditions contained in an approved interim use permit. (Ord. 1098, 11-8-2004)

   B.    Within A, R-1A, R-1B, R-1C, E-1, E-2 and R-2 zoning districts, a second kitchen and bath facility shall be allowed in single- family homes for a state licensed care provider (as permitted under Minnesota statutes section 245A.11a). (Ord. 1103, 2-14-2005)

   C.    Within the A agricultural zoning district, athletic fields used in conjunction with an adjoining school shall be allowed. (Ord. 1132, 7-10-2006)

   D.    Within the I-2 general industry zoning district, a temporary contractor's yard with outdoor storage shall be allowed. (Ord. 1129, 4-10-2006)

   E.    Within the I-1 limited industry and I-2 general industry districts only, crushing of concrete, asphalt or asphalt cement shall be allowed, subject to the conditions contained in an approved interim use permit and subject to the following: (Ord. 1098, 11-8-2004)

      1.    Crushing shall be limited to the crushing of concrete, asphalt or asphalt cement, and "asphalt debris", defined as waste concrete or asphalt rubble resulting from construction, repair, and demolition of roads, provided the material to be crushed does not contain "hazardous waste", as defined in section 10-2-2 of this title, and does not contain asbestos and glass. (Ord. 1098, 11-8-2004; amd. 2008 Code)

      2.    Crushing shall be allowed only as long as the property is used as a contractor's yard.

      3.    Crushing shall be allowed so long as it does not create a "public nuisance" or cause land pollution, noise pollution or air pollution as defined in Minnesota statutes section 116.06, subdivisions 14, 16 and 4, respectively, as amended from time to time.

      4.    Crushing operation shall only be allowed on a parcel of ten (10.0) acres or greater in size.

      5.    Crushing shall be restricted to a onetime, maximum eight (8) workday period per calendar year.

      6.    The time period shall occur only between November 15 through April 15.

      7.    The amount of crushed material produced shall be limited to ten thousand (10,000) tons per year.

      8.    The height of any rubble or recycled crushed pile shall not exceed thirty five feet (35').

      9.    Crushing of asphalt and concrete shall cease if the property is rezoned or if the principal use of the property changes from what was existing as of the date of the interim use permit issuance. (Ord. 1139, 11-27-2006)

   F.    Allow a temporary ministorage facility with outdoor storage in the I-1 and I-2 Zoning Districts. (Ord. 1165, 10-8-2007)

   G.    The crushing of concrete or asphalt shall be allowed on a temporary basis associated with a public road construction project subject to the following:

      1.    The crushing and any staging areas shall occur in the City of Inver Grove Heights.

      2.    Crushing shall occur only between the hours of seven o'clock (7:00) A.M. and four thirty o'clock (4:30) P.M. Monday through Friday.

      3.    The crushing of the material shall cease within thirty (30) days of completion of the projects within the City of Inver Grove Heights.

      4.    The concrete or asphalt being crushed must come from a public road construction project in the City of Inver Grove Heights and at least ninety percent (90%) must be reused in a public road construction project in the City of Inver Grove Heights. (Ord. 1183, 10-22-2008)

   H.    Within A, E-1, E-2, R-1A, R-1B, R-1C, and single-family PUD Zoning Districts, the following form of supervised student housing shall be allowed subject to the following:

      1.    The supervised student housing shall be under the general supervision of the single family occupying the dwelling, pursuant to a program sponsored by an organization holding a tax status of 501(c)(3) that promotes education provided students are participating in an educational program located in Dakota County.

      2.    The maximum number of students allowed shall be determined by the following formula: Every bedroom used to house one student shall contain a minimum of seventy (70) square feet. Every bedroom occupied by more than one student shall contain a minimum of fifty (50) square feet of floor area for each student, but in no case shall the maximum number of students allowed per dwelling exceed eight (8).

      3.    The owner of the premises shall provide and maintain compliance with all Building and Fire Safety Codes as required by the City building official and Fire Marshal.

      4.    The single-family home shall be inspected for code compliance by the chief building official prior to occupancy and annually thereafter.

      5.    The interim use shall expire if the organization sponsoring the program changes or if there are no students occupying the premises for more than one year.

      6.    Staff member(s) of the supervising organization may also occupy the single-family dwelling, in a bedroom separate from the students, provided the maximum number of students be reduced by the number of staff if the staff person(s) are not part of the single family occupying the dwelling. (Ord. 1294, 6-8-2015)

   I.    Within the A Agricultural Zoning District, contractor's yard with outdoor storage shall be allowed provided the parcel is guided commercial as identified on the Inver Grove Heights comprehensive plan land use map. (Ord. 1316, 6-13-2016)

   J.    Within B-3, B-4, and P Zoning Districts, park-and-ride facilities such as short-term parking and park-and-fly lots shall be allowed subject to the conditions contained in an approved interim use permit and subject to the following:

      1.    The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) or more uses for which the joint use of off street parking facilities is proposed.

      2.    Required parking facilities serving two (2) or more uses may be located on the same lot, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time.

      3.    Off street parking spaces shall not be utilized for open storage of goods or for the storage of vehicles that are inoperable or for lease, rent or sale.

      4.    When making an interim use application the applicant shall address criteria such as landscaping, screening from abutting properties, lighting, access, security, stormwater, traffic generation, hours of operation and snow removal for the proposed park-and-ride facility. (Ord. 1348, 3-26-2018)

   A.    Vote Required; Considerations: Interim uses identified herein shall require an affirmative vote of four-fifths (4/5) of the members of the City Council. Interim use permits shall be issued for a specific land use on a specific property and not for a particular individual or firm. In considering a request for an interim use permit, the Planning Commission and City Council shall:

      1.    Determine that the use conforms to this title;

      2.    Specify a date and/or event that will terminate the use;

      3.    Determine that the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

      4.    Impose other appropriate conditions that the City Council deems appropriate to regulate the use of the property without significant adverse impact to the surrounding properties.

   B.    Processing Permit: Requests for an interim use permit shall be processed in the same manner and shall require action by the City Council in the same manner as requests for conditional use permits as outlined in chapter 3, article A of this title. Applications for an interim use permit shall be filed at the Offices of the Planning Division and shall be accompanied by the following materials:

      1.    A completed planning application form, as provided by the Planning Division.

      2.    An abstractor's certificate which identifies the names and addresses of all property owners within three hundred fifty feet (350') of the property that is the subject of the interim use permit request.

      3.    Provide thirteen (13) folded, full size drawings and one set of eleven inch by seventeen inch (11" x 17") reductions of a site plan, landscape plan, utility plan, grading and drainage plans which include both existing and proposed contours, a staging plan (for phased developments), building plans and elevations and any other supportive documentation City staff may deem necessary to ensure the efficient processing of the request.

      4.    A written narrative describing the proposed use of the property, hours of operation, anticipated time period for which the interim use permit is requested, anticipated end use of the property, and any other supportive documentation City staff may deem necessary to ensure the efficient processing of the request. (Ord. 1098, 11-8-2004)

      5.    A filing fee as set out in section 10-3-8 of this title, plus escrow collected for a conditional use permit request in an amount as determined from time to time by the City Council. (Ord. 1098, 11-8-2004; amd. 2008 Code)

   C.    Expiration Of Permit; Extension: An interim use permit shall become null and void one year after being granted by the City Council unless it is used prior to the one year anniversary date of approval. A onetime extension of an interim use permit approval may be granted by the City Council. Upon expiration of an interim use permit, the property owner shall not request a new interim use permit for the same interim use on the property.

   D.    Revocation Of Permit: A violation of the terms and conditions attached to the approval of an interim use permit shall be deemed cause for revocation of that interim use permit. (Ord. 1098, 11-8-2004)

The approval of an interim use permit for a property shall not change the underlying zoning of the property. (Ord. 1098, 11-8-2004)