The purpose of this division is to promote the health, safety, and welfare of the community and to establish reasonable uniform limitations, standards, and controls for land alterations, excavating, filling and grading within the city. The regulations will allow the city to better manage stormwater discharge, ensuring drainage does not negatively impact neighboring properties, manage hauling traffic and noise, and prevent erosion issues onto adjacent properties, wetlands, lakes, and roads.

(Code 2003, § 78-1725; Ord. No. 219(3rd series), § 6, 12-10-2018)

(a)

An application for an interim use permit shall be accompanied by a certified site plan showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, placed, or graded, and such other information as the council may require. Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city, which will be used to offset the cost of processing the application. Any unused portion will be refunded to the applicant.

(b)

Except where otherwise provided in the article, it is unlawful for any person to perform or have performed the following land alteration activities without an interim use permit issued by the council:

(1)

Mining. The commercial extraction of sand, gravel or other material from the land and their removal from the site without processing shall be mining. In all districts, the conduct of mining shall be permitted only upon issuance of a interim use permit. Such permit shall include, as a condition, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration.

(2)

Soil processing. The operation of processing of sand, gravel or other material mined from the land shall be permitted only by interim use permit. Such permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation; and such permit shall not be granted for a period of longer than 12 months.

(3)

Creation of an engineered grade for the basis of building height determination outside of a subdivision.

(4)

Unless included as part of a permitted project or as exempted below, the following activities require a separate interim use permit:

(5)

Conducting grading or land alterations which result in changes in elevations within five feet of adjacent properties, unless part of a building project.

(6)

Emergency repair exception. Slope failures have a direct impact on the health and welfare of city residents, and timely response to such events is important to the protection of natural resources and private property. Therefore, the city engineer may declare grading and/or export/import activities in the Lake yard exceeding the limits above as emergency repair and forward such application to the city council for immediate review. Emergency repair shall be defined for the purposes of this article as the activities necessary to stabilize a failing slope, or prevent the imminent failure of a slope, in the opinion of the city engineer.

(Code 2003, § 78-1726; Ord. No. 219(3rd series), § 6, 12-10-2018; Ord. No. 243(3rd series), § 4, 4-13-2020)

(a)

Interim use defined. 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)

Purpose and intent. Because of their unusual characteristics, interim uses require consideration so that they may be located and regulated properly with respect to the objectives of this chapter and the comprehensive plan, and with respect to their impacts on surrounding properties. In order to achieve these purposes, the city council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Additionally, the intent of allowing interim uses is:

(1)

To allow a use for a brief 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 zoning 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.

(Code 2003, § 78-1745; Ord. No. 194(3rd series), § 1, 5-8-2017)

The information required and the procedures to be followed for all interim use permit applications shall be the same as that required for a conditional use permit as provided for in sections 6.12.4050 through 6.12.4100. In addition, the following information shall be provided:

(1)

Written documentation that includes a complete description of the use, schedule for commencement and termination of the use, hours and dates of operation and anticipated employment.

(2)

Any special studies requested by the city when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. These studies may examine the impacts on such things as traffic, environment, wetlands and utilities.

(3)

Evidence of approval or preliminary approval from all other agencies with jurisdiction over elements of the use.

(Code 2003, § 78-1746; Ord. No. 194(3rd series), § 1, 5-8-2017)

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

(1)

The use will meet the general performance standards in section 6.12.4090;

(2)

The use is allowed as an interim use in the applicable zoning district;

(3)

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

(4)

The use will not be in conflict with any provisions of this Code on an ongoing basis;

(5)

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

(6)

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

(7)

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

(8)

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, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the county recorder or registrar of deeds.

(Code 2003, § 78-1747; Ord. No. 194(3rd series), § 1, 5-8-2017)

(a)

An interim use permit is effective only for the location specified in the approval documentation.

(b)

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

(c)

Interim use permits shall be reviewed as a minimum at least annually by the city council.

(d)

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

(e)

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

(Code 2003, § 78-1748; Ord. No. 194(3rd series), § 1, 5-8-2017)

An interim use permit expires and the interim use shall terminate upon the occurrence of any of the following events:

(1)

The termination date specified in the interim use 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.

(4)

The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district.

(Code 2003, § 78-1749; Ord. No. 194(3rd series), § 1, 5-8-2017)