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L =� & nssocrnres. tnc. Infrastructure . Engineering ■ Planning . Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 - 541 -1700 CITY OF SAINT ANTHONY VILLAGE MEMORANDUM To: Honorable Mayor and City Council Members Mark Casey, City Manager From: Kelsey Johnson, AICP, City Planner Date: October 29, 2013 WSB Project No. 02170 -000 Request: Interim Use Permit (IUP) Discussion OVERVIEW Cities have the authority to allow interim uses under MN Stat. §462.3597. It defines an interim use as a "temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it ". When such circumstances exists, an interim use permit may be granted by the City Council. The permit may be issued for a certain period of time, with automatic cancellation at the end of the time unless it is renewed, or conditions may be applied to the issuance of a permit and/or periodic review may be required. An interim use permit can be granted if. (1) it conforms to the zoning regulations; (2) the termination date or event can be identified with certainty; (3) the use will not impose additional costs on the public if it is necessary for the public to take over the property in the future; and (4) the user agrees to any conditions. IUP's are useful tools where a proposed use fits within the current zoning plan, but may not fit with future plans as development/redevelopment occurs or the use of the property changes. Unlike a Conditional Use Permit (CUP) which is recorded against the property and runs with the land, and Interim Use Permit (IUP) has the ability to set an expiration date for which the interim use must cease. While the Interim Use Permit (IUP) process will (initially) be a hassle for applicants, the City Council can grant reoccurring IUP's until a particular date (one year; any 90 day period for the next three years; every June, July and August for 5 years, etc.) and /or until a particular event (the property is developed/redeveloped, rezoned, the County wants more right -of -way, etc.), or the City can change the zoning ordinance and do away with some or all the interim uses in the various zoning districts. Just like "Permitted Uses ", "Conditional Uses ", or "Accessory Uses" listed in each Zoning District, "Interim Uses" could also be listed. However, often times interim uses are difficult to describe or unknown at the time of Ordinance adoption. Examples of interim uses include, but are not limited to, farmer's (or seasonal) markets, tree sales lots, storage of equipment for a pond dredging project (of which the project may take several years to finish), conversion of a gas station into a seasonal coffee shop (where the City has long term vision for what the site may develop /redevelop into). DRAFT LANGUAGE FOR DISCUSSION INTERIM USE PERMIT. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. 152.246 Interim Use Permit (IUP) (A) Applicability. An interim use is intended as a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. When such circumstances exist, an Interim Use Permit (IUP) may be granted by the City Council. The permit may be issued for a certain period or time, with automatic cancellation at the end of the time unless it is renewed, or conditions may be applied to the issuance of a permit and/or periodic review may be required.