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City Council Ordinance 268ORDINANCE AMENDMENT NO. 268 THE CITY COUNCIL OF THE CITY OF MONTICELLO DOES HEREBY ORDAIN THAT THE MONTICELLO ZONING ORDINANCE BE AMENDED TO INCLUDE AN ADMINISTRATIVE PROCESS PROVIDING FOR INTERIM USE PERMITS AS FOLLOWS: THE TITLE OF CHAPTER 22 OF THE MONTICELLO ZONING ORDINANCE SHALL BE AMENDED TO READ: Administration - Amendments, Conditional Use Permits, and Interim Use Permits SECTION 33-4, INTERIM USE PERMIT, SHALL BE ADDED TO CHAPTER 22, ADMINISTRATION - AMENDMENTS, CONDITIONAL USE PERMITS, AND INTERIM USE PERMITS, OF THE MONTICELLO ZONING ORDINANCE TO READ AS FOLLOWS: 22-4: INTERIM USE PERMIT [A] PURPOSE AND INTENT: The purpose and 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 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. [B] PROCEDURE: 1. Existing Uses: Uses defined as interim uses which presently exist as a legal use or a legal non -conforming use within a respective zoning district shall be considered approved and shall be treated as allowable uses. Ordinance Amendment No. 268 Page 2 2. New Uses: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Chapter 22 of this ordinance. [C] GENERAL STANDARDS: An interim use shall comply with the following: 1. Existing Uses: Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. 2. New Uses: a. Meets the standards of a conditional use permit set forth in Section 22-3 of this chapter. b. Conforms to the applicable performance standards set forth in Chapter 3, Section 2, of this zoning ordinance. C. The use is allowed as an interim use in the respective zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. [D] TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the 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 non -conforming. Ordinance Amendment No. 268 Page 3 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. SECTION 16-5, INTERIM USES, SHALL BE ADDED TO CHAPTER 16, 1-29" HEAVY INDUSTRIAL DISTRICT, TO READ AS FOLLOWS: 16-5: INTERIM USES: The following are interim uses in an "1-2" District (requires an interim use permit based on the procedures set forth in and regulated by Chapter 22 of this ordinance): [A] Outdoor storage of trucks and trucking equipment as an accessory use, provided that: 1. A specified termination date is documented. 2. The applicable requirements of Chapter 3, Section 2, General Building and Performance Requirements, are met. 3. The permit prohibits the parking of automobiles. 4. The permit specifies a gravel surface, suitable for the parking of trucks. 5. The permit specifies that the intensity of visual screening shall be related to the location and nature of the storage and the duration of the interim use. 6. The permit specifies that appropriate setback of necessary fencing and/or setback of storage shall be related to the location and nature of the storage and the duration of the interim use. Adopted by the Monticello City Council on the 8th day of May, 1995. City Administrat Published in the Times on 5/18/95.