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The building then sat empty for a number of years during which staff had a variety of inquiries <br />from the owner and others about the possibility of a temporary use until NInDOT actually acquired <br />the site. Most of those inquiries were for relatively benign commercial uses such as an insurance <br />office or similar business office use. Because the City had no Interim Use ordinance, none of these <br />commercial temporary uses were available. The ability to allow a temporary use via an IUP would <br />have allowed the property owner to lease the building rather than have it sit empty. <br />Potential ]UP Disadvantages and Cautions <br />If the Council approves an amendment to the Zoning Code to allow Interim Uses, the City, <br />developers and property owners will have to be very clear about the parameters for such use. Clear <br />and concise documentation of the allowed land use, activities and time periods will be required <br />with each IUP issued. To avoid any confusion or misunderstanding, it will be important that all <br />parties know the conditions and time limitations established for the IUP. <br />Having an interim use option introduces the potential for property owners to propose land uses <br />that are inappropriate for a given site, that could be disruptive to neighboring land owners, or be <br />inconsistent with the character of the surrounding area. Business activities that would potentially <br />be harmful to the public health, safety and welfare could be proposed. Because of this, the City <br />must be diligent not only in establishing appropriate interim uses within specified zoning districts, <br />but in monitoring those uses for compliance with the established terms of each issued IUP. <br />Inteirim Use Ordinance — Text Amendment <br />Attachment A is a draft text amendment that, would establish in the zoning code the provision of <br />an Interim Use option. This is drafted similar to the general code section on conditional uses. Note <br />that it contains language that mimics the State Statute on interim uses, and additionally contains <br />certain provisions that should pertain to all interim use permits. Sample ordinances from other <br />cities are also attached, and you will notice that while they differ widely in terms of layout and <br />text, there are essentially four elements common to all, including: <br />Definition, purpose and intent <br />Application procedures <br />Standards & conditions <br />Termination <br />Attachment B is a companion text amendment that would add an interim use option to the RR- 1 B <br />Single Family Rural Residential Zoning District, with simply one interim use entry, containing <br />specific conditions for that use. <br />Planning Commission Action Requested <br />As this is a work session, no formal action is to be taken. Planning Commission is asked to review <br />the provided information, and discuss the advantages and disadvantages of having an interim use <br />option in the zoning code, and review the draft text amendments. <br />Additionally, identify any specific concerns about the proposed construction staging/materials <br />recycling use, suggest any additional conditions that might be applicable, and formulate questions <br />to be asked of the applicant to help establish whether the use is appropriate for the Eisinger site. <br />Page 4 of 5 <br />