Agenda - Planning Commission - 07/21/2016

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Sec. 117-52. - Interim use permits. (a) Purpose. The purpose and intent of allowing interim uses is: (1) To allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive guide; and (2) To allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future. (b) Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided in section 117-51. (c) Standards of issuance. (1) The planning commission may recommend an interim use permit and the council may issue such interim use permits only if it finds that: a. The use conforms to the zoning regulations; b. The date or event that will terminate the use can be identified with certainty; c. Permission of 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 d. The user agrees to any conditions that the city council deems appropriate for permission of the use. (2) Every interim use permit issued shall terminate upon a date or event that can be identified with certainty, with the maximum duration of five years from the date of approval, unless otherwise approved by the council. The council may attach such conditions to the interim use permit as it deems necessary in order to carry out the intent and purpose of this chapter and protect the public health, safety and welfare. These conditions may include a financial surety in an amount sufficient to remove the interim use and interim structures upon expiration of the interim use permit. (d) Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs: (3) (1) The date stated in the permit; (2) A violation of conditions and subsequent revocation of the permit; or (3) Revocation resulting from a cessation of the interim use for 30 consecutive days. (Code 1978, § 9.03.06; Ord. No. 73-05, 5-21-1973; Ord. No. 86-2, 8-25-1986; Ord. No. 87-4, 8- 10-1987; Ord. No. 90-25, 1-7-1991; Ord. No. 99-09, 9-7-1999; Ord. No. 02-28, 9-30-2002; Ord. No. 03-20, 8-25-2003) State Law reference— Interim uses, Minn. Stats. § 462.3597. Page 1