The purpose and intent of allowing interim uses is:

   A.   To allow a use for a temporary period of time until a permanent location is obtained or while the permanent location is under construction.

   B.   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.

   C.   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. (Ord. 674, sec. 1, 7-17-2000)

   D.   To allow a use that is presently judged to be acceptable by the city council based on the characteristics and circumstances of the specific location, property, or use for which the interim use permit is proposed such that the use will be consistent with the comprehensive plan, complies with the requirements of the zoning ordinance, and is compatible with surrounding land uses, which may be effected as a result of any change to the nature of the interim use or existing uses and development in the area. (Ord. 958, 3-21-2016)

Pursuant to Minnesota statutes 15.99, an application for an interim use permit shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:

   A.   Request for interim use permits, as provided within this title, shall be filed with the zoning administrator on an official application form. Unless modified by the zoning administrator, such application shall be accompanied by a fee as provided for by city council resolution. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days from the date of submission.

   B.   Upon receipt of said application, the city clerk shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing, report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of said hearing shall be mailed at least ten (10) days prior to all owners of land within five hundred feet (500') of the boundary of the property in question.

   C.   Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title.

   D.   The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on the action to the city council.

   E.   The planning commission shall consider possible effects of the proposed use with its judgment based upon, but not limited to, the following factors:

      1.   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive plan.

      2.   The proposed use is or will be compatible with present and future land uses of the area.

      3.   The proposed use conforms with all performance standards contained in this code.

      4.   The proposed use can be accommodated with existing public services and will not overburden the city’s service capacity.

      5.   Traffic generation by the proposed use is within capabilities of streets serving the property.

   F.   The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. Said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

   G.   Unless excused by the planning commission chair, the applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed request.

   H.   The planning commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this title. Such recommendation shall be in writing and accompanied by the report and recommendation of the city staff, and shall be entered in and made part of the permanent written record of the city council meeting.

   I.   The city council shall not grant an interim use permit until the planning commission has held a public hearing on the request. The city council shall act upon the conditional use permit within sixty (60) days from the date of submission of a complete application, unless an extension has been provided, pursuant to Minnesota statutes 15.99.

   J.   Upon receiving the report and recommendation of the planning commission and the city staff, the city council shall have the option to set and hold a public hearing if deemed necessary, shall make recorded findings of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.

   K.   Subject to limitations of Minnesota statutes 15.99, if, upon receiving said report and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final recommendation of the city council may differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.

   L.   Approval of a request shall require passage by a majority vote of the city council.

   M.   All decisions made by the city regarding an interim use permit shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above.

   N.   Whenever an application for an interim use permit has been considered and denied by the city council, a similar application for the interim use permit affecting substantially the same property shall not be considered again by the planning commission or city council for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the planning commission or city council for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by a majority vote of the city council. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. passed 8-4-2025)

An interim use shall comply with the following:

   A.   In reviewing applications for interim use permits, the planning commission and the city council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses and to achieve the goals and objectives of the comprehensive plan including, but are not limited to, the following:

      1.   The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated and adequate right of way shall be provided.

      2.   The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of this title.

      3.   If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles.

      4.   Adequate off street parking and off street loading shall be provided in compliance with chapters 19 and 20 of this title.

      5.   Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any “adjacent” residential use or district, and provided in compliance with chapter 20 of this title.

      6.   Whenever a nonresidential use “is adjacent to” a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title.

      7.   General site screening and landscaping shall be provided in compliance with chapter 21 of this title.

      8.   All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts, and shall be in compliance with section 11-16-17 of this title.

      9.   Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of this title.

      10.   The site drainage system shall be subject to the review and approval of the city engineer.

      11.   The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment.

      12.   Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of this title.

      13.   All signs and informational or visual communication devices shall be in compliance with chapter 23 of this title.

      14.   The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city.

      15.   Any applicable business licenses mandated by this code are approved and obtained.

      16.   The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district.

      17.   The use complies with all applicable performance standards of the zoning district in which it is located and where applicable.

   B.   The date or event that will terminate the use can be identified with certainty.

   C.   The property owner shall agree to any conditions that the city council deems appropriate for permission of the use. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. passed 8-4-2025)

An interim use shall terminate on the happening of any of the following events, whichever occurs first:

   A.   The date or event stated in the permit.

   B.   Upon violation of conditions under which the permit was issued.

   C.   Upon change in the city's zoning regulations which renders the use nonconforming. (Ord. 674, sec. 1, 7-17-2000)

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. (Ord. 674, sec. 1, 7-17-2000)

   A.   Unless otherwise specified at the time it is approved by the city council, an interim use permit shall be null and void and expire if the applicant fails to utilize such interim use permit and fulfill each and every condition attached thereto within one (1) year from the date of its authorization or recording a final plat, whichever is later, unless a petition for an extension of time in which to complete or utilize an extension has been granted.

   B.   Extensions:

      1.   A request for extension of an interim use permit shall be in writing and filed with the City at least thirty (30) days prior to the expiration of the conditional use permit.

      2.   The request for extension of an interim use permit shall state facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the interim use permit.

      3.   The zoning administrator may administratively approve an extension of an interim use permit, provided that:

         a.   The administrative extension shall not exceed one (1) year from the initial conditional use permit expiration date.

         b.   Only one (1) administrative extension shall be granted.

         c.   There shall be no fee for the filing of a request for an administrative extension.

   4.   The city council may grant an extension of the interim use permit of greater than one (1) year or any additional extensions, provided that:

         a.   The city council may refer an extension request to the planning commission for review to consider if any circumstances related to the initial interim use permit have changed and provide a recommendation as to approval of an extension.

         b.   An extension approved by the city council shall not exceed one (1) year.

         c.   The filing of a petition to the city council for extension shall be accompanied by a fee as provided for by ordinance in accordance with section 1-1-9 of this title. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. passed 8-4-2025)

Following the approval of an interim use permit as required by this chapter 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 11-9-19 of this title. (Ord. 674, sec. 1, 7-17-2000)