a)   An interim use is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

b)   The purposes for allowing interim uses are:

   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 that is seasonal in nature; or

   4)   To allow a use for a limited period of time that reasonably uses the property where it is not reasonable to use it in the manner otherwise provided in the zoning ordinance or comprehensive plan.

It is unlawful to use any structure or land for any purpose requiring an interim use permit in the zoning district in which the property is located without first obtaining an interim use permit from the city. Where applicable, a building permit must also be obtained from the city.

An application for an interim use permit must comply with the provisions for a conditional use permit application in section 300.06, subdivision 2.

(Amended by Ord. No. 2025-07, effective June 23, 2025)

An interim use application will be processed in accordance with the procedure for conditional use permits in section 300.06, subd. 3 and 4. No application for an interim use permit that has been denied wholly or in part may be resubmitted for a period of one year after the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the city council.

No interim use permit may be granted unless the city council determines that the use will comply with the following:

a)   The use will conform to performance standards outlined in 300.28;

b)   The use will not delay anticipated development or redevelopment of the site;

c)   The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located;

d)   The use will not impose additional unreasonable costs on the public;

e)   The date or event that will terminate the use can be identified with certainty; and

f)   The applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination.

(Amended by Ord. No. 2025-07, effective June 23, 2025)

a)   An interim use permit is effective only for the location specified in the application.

b)   The issuance of an interim use permit does not confer on the property any vested right.

c)   In the event of a public taking of property after the interim use is established, the property owner is not entitled to compensation for any increase in value attributable to the interim use.

(Amended by Ord. No. 2025-07, effective June 23, 2025)

a)   An interim use permit expires and the interim use must terminate at the earlier of:

   1)   the expiration date in the interim use permit;

   2)   the occurrence of any event identified in the interim use permit for the termination of the use;

    3)   revocation of the interim use permit; or

   4)   an amendment of the city code that no longer allows the interim use.

b)   An interim use permit expires one year after approval if the proposed use has not commenced or a building permit for a structure to support the interim use has not been issued.

c)   An interim use permit expires if the interim use ceases operation for a continuous period of at least one year.

The city council may review an interim use permit periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the state of Minnesota, or any city ordinance. If it is discovered after approval of the interim use permit that the city's decision was based at least in part on false, misleading, or fraudulent information, the city council may revoke the permit, modify the conditions or impose additional conditions to ensure compliance with this section. The procedure for revocation will be the same as that for licenses specified in section 700.035 of the city code.

(New section 300.05 added by Ord. No. 2011-19, adopted August 22, 2011; former section 300.05 repealed by Ord. No. 92-621, adopted April 16, 1992)