HomeMy WebLinkAboutOrdinance No. 1530ORDINANCE NO. 1530
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF
2005 RELATING TO INTERIM USES WITHIN CERTAIN ZONING DISTRICTS IN
THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby
amended to read as follows:
§ 9.103 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
USE, INTERIM. A temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer permit it.
Chapter 9, Article I, Section 9.104 (B)(2)(b)(3) of the Columbia Heights City Code,
which currently reads to wit:
§ 9.104 ADMINISTRATION AND ENFORCEMENT.
(B) Authority and duties for administration.
(2) Zoning Administrator.
(b) Duties. The Zoning Administrator shall have the following
responsibilities:
3. Receive, file and forward all applications for appeals,
variances, conditional use permits, zoning ordinance amendments, vacations, minor
subdivisions, preliminary plats, final plats or other matters to the appropriate decision-
making body.
Is thereby amended to read as follows:
(B) Authority and duties for administration.
(2) Zoning Administrator.
(c) Duties. The Zoning Administrator shall have the following
responsibilities:
3. Receive, file and forward all applications for appeals,
variances, conditional use permits, interim use permits, zoning ordinance amendments,
vacations, minor subdivisions, preliminary plats, final plats or other matters to the
appropriate decision-making body.
Chapter 9, Article I, Section 9.104 (B)(4)(b) of the Columbia Heights City Code, which
currently reads to wit:
§ 9.104 ADMINISTRATION AND ENFORCEMENT.
(B) Authority and ditties for administration.
(4) Planning Commission.
(b) Duties. The Planning Commission shall have the following
responsibilities:
I. Hear and make recommendations to the City Council
regarding all applications for a conditional use permit or an amendment to a conditional
use permit.
2. Hear and make recommendations to the City Council
regarding all applications for an amendment to this article, both text amendments and
amendments to the district boundaries on the official zoning map.
3. Hear and make recommendations to the City Council
regarding all applications for minor subdivisions, preliminary plats and final plats.
4. Review, hold public hearings, and prepare
recommendations on any changes to the City's Comprehensive Plan.
5. Review this article from time to time and make
recommendations to the City Council that changes be initiated.
6. Hear and make recommendations on any other matter
referred to it by the City Council.
Is thereby amended to read as follows:
§ 9.104 ADMINISTRATION AND ENFORCEMENT.
(B) Authority and duties for administration.
(4) Planning Commission.
(b) Duties. The Planning Commission shall have the following
responsibilities:
1. Hear and make recommendations to the City Council
regarding all applications for a conditional use permit or an amendment to a conditional
use permit.
2. Hear and make the final decisions on all applications for an
interim use as defined in this article.
3. Hear and make recommendations to the City Council
regarding all applications for an amendment to this article, both text amendments and
amendments to the district boundaries on the official zoning map.
4. Hear and make recommendations to the City Council
regarding all applications for minor subdivisions, preliminary plats and final plats.
5. Review, hold public hearings, and prepare
recommendations on any changes to the City's Comprehensive Plan.
6. Review this article from time to time and make
recommendations to the City Council that changes be initiated.
7. Hear and make recommendations on any other matter
referred to it by the City Council.
**NOTE** Existing § 9.104 (B)(4)(b)(2) and § 9.104 (B)(4)(b)(3-6) shall be
renumbered accordingly.
Chapter 9, Article I, Section 9.104 of the Columbia Heights City Code, is thereby
amended to read as follows:
§ 9.104 ADMINISTRATION AND ENFORCEMENT.
(A-H) [SECTIONS TO REMAIN UNCHANGED]
(I) Interim uses.
(1}Purpose. The interim use process provides for a temporary use of land for a
specific period of time, and may be allowed upon demonstration that such use meets
identified standards established in this article. It is intended that the interim use of land
does not run with the land, and would need to be approved upon each subsequent use.
(2) Right of application. Any person with a legal interest in the property may file
an application for an interim use, provided said interim use is identified as an interim use
within the zoning district in which the property is located.
(3) Application for interim use. An application for an interim use shall be filed
with the Zoning Administrator on the approved form and shall be accompanied by a site
plan, a detailed written description of the proposed use and any other information
determined by the Zoning Administrator to be necessary.
(4) Public hearing. The Planning Commission shall hold a public hearing on the
complete application for an interim use in accordance with the regulations of this section.
After the close of the public hearing, the Planning Commission shall make findings and
make the final decision regarding the application.
(5) Required findings. The Planning Commission shall make each of the
following findings before granting an interim use:
(a) The use is one of the interim uses listed for the zoning district in which
the property is located, or is a substantially similar use, as determined by the Zoning
Administrator.
(b) The use is in harmony with the general purpose and intent of the
Comprehensive Plan.
(c) The use will not impose hazards or disturbing influences on
neighboring properties.
(H) Temporary ccses and strccctccres. The following temporary uses and structures shall
be permitted in all zoning districts unless specified otherwise, provided such use or
structure complies with the regulations of the zoning district in which it is located and all
other applicable provisions of this article:
(5) Other temporary cues. In addition to the temporary uses and structures
listed above, the Zoning Administrator may allow other temporary uses and structures for
a maximum of 15 days per calendar year, provided the said use or structure is
substantially similar to the uses and structures listed herein.
Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is thereby
amended to read as follows:
§ 9.107 SPECIFIC DEVELOPMENT STANDARDS.
(A-B) [SECTIONS TO REMAIN UNCHANGED]
(C) Specific Development Standards. The following uses are subject to specific
development standards:
(20) Fireworks tents.
(a) The fireworks tent, display area, access aisles, and surrounding
area shall be reviewed by the Community Development Department and the Fire
Department.
(b) The sale of fireworks shall meet all requirements of Chapter 24 of
the Fire Code and NFPA Chapter 1124.
(b) The fireworks tent shall be accessory to a commercial use.
(c) Fireworks tents located within the public right-of--way are
prohibited.
(d) All goods shall be displayed on a designated impervious surface
area.
(e) All goods shall be displayed in an orderly fashion, with access
aisles provided as needed.
(f) Music or amplified sounds shall not be audible from adjacent
residential properties.
(g) The fireworks tent shall not reduce the amount ofoff-street parking
provided one-site below the level required for the principal use.
(h) An appropriate transition area between the use and adjacent
property shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
(i) Signage shall be limited to two (2) professionally made signs, with
a combined square footage not exceeding thirty-two (32) square feet.
(j) Fireworks tents may be allowed for a maximum of ninety (90)
days per calendar year.
**NOTE** Existing § 9.107 (C)(20) and § 9.107 (C)(21-24) shall be renumbered
accordingly.
(25) Greenhouses (residential).
(a) A residential greenhouse shall only be allowed for one and two
family dwellings.
(b) A residential greenhouse shall meet all setbacks requirements of an
accessory structure in the zoning district it is located.
(c) A residential greenhouse structure shall not count against the total
number of detached accessory structures allowed on a residential property.
(d) A residential greenhouse structure shall not count against the total
allowable combined square footage of accessory structures allowed on a residential
property.
(e) A residential greenhouse shall be allowed during the normal
growing season only.
(f) When not in use, a residential greenhouse shall be dismantled.
**NOTE** Existing § 9.107 (C)(25) and § 9.107 (C)(26-27) sha^ be renumbered
accordingly.
(28) Outdoor agricultural/produce sales.
(a) The outdoor agricultural/produce sales lot shall be accessory to a
commercial use.
(b) Outdoor agricultural/produce sales located within the public right-
of-way are prohibited.
(c) All goods shall be displayed in a designated area that is hard
surfaced.
(d) All goods shall be displayed in an orderly fashion, with access
aisles provided as needed.
(e) Music or amplified sounds shall not be audible from adjacent
residential properties.
(f) The outdoor agricultural/produce sales lot shall not reduce the
amount of off-street parking provided one-site below the level required for the principal
use.
(g) An appropriate transition area between the use and adjacent
property shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
(h) Signage shall be limited to (2) professionally made signs per
structure, not exceeding thirty-two (32) square feet per sign.
(i) Outdoor agricultural/produce sales facilities may be allowed for a
maximum of ninety (90) days per calendar year.
(29) Outdoor Christmas tree sales.
(a) Outdoor Christmas tree sales lots shall be accessory to a commercial
use.
(b) Outdoor Christmas tree sales located within the public right-of-
way are prohibited.
(c) All goods shall be displayed in a designated area that is hard
surfaced.
(d) All goods shall be displayed in an orderly fashion, with access
aisles provided as needed.
(e) Music or amplified sounds shall not be audible from adjacent
residential properties.
(f) Outdoor Christmas tree sales lots shall not reduce the amount of
off-street parking provided one-site below the level required for the principal use.
(g) An appropriate transition area between the use and adjacent
property shall be provided by landscaping, screening or other site improvements
consistent with the character of the neighborhood.
(h) Signage shall be limited to two (2) professionally made signs, with
a combined square footage not exceeding forty-eight (48) square feet.
(i) Outdoor Christmas tree sales lots may be allowed for a maximum
of ninety (90) days per calendar year.
**NOTE** Existing § 9.107 (C)(28, 29) and § 9.107 (C)(30-44) shall be renumbered
accordingly.
Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, is thereby
amended to read as follows:
§ 9.109 RESIDENTIAL DISTRICTS.
(A-D) [SECTION TO REMAIN UNCHANGED]
(E) R-1, Single-Family Residential District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in the R-l, Single-Family Residential District, subject to the regulations
set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations
for specific uses set forth in § 9.107, Specific Development Standards:
(a) Greenhouse.
(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the R-1, Single-Family Residential District:
(a-h) [SECTIONS TO REMAIN UNCHANGED]
(F) R-2A and R-2B, Two-Family Residential District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in the R-2-A and R-2B, Two-Family Residential District, subject to the
regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the
regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Greenhouse.
(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the R-2A and R-2B, Two-Family Residential
District:
(a-h) [SECTIONS TO REMAIN UNCHANGED]
(G) R-3, Limited Multiple-Family Residential District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the
regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the
regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Greenhouse.
(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the R-3, Limited Multiple-Family Residential
District:
(a-h) [SECTIONS TO REMAIN UNCHANGED]
(H) R-4, Multiple-Family Residential District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in the R-4, Multiple-Family Residential District, subject to the
regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the
regulations for specific uses set forth in § 9.107, Specific Development Standards:
(a) Greenhouse.
(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the R-4, Multiple-Family Residential District:
(a-h} [SECTIONS TO REMAIN UNCHANGED]
Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is thereby
amended to read as follows:
§ 9.110 COMMERCIAL DISTRICTS.
(A-D) [SECTIONS TO REMAIN UNCHANGED]
(E) GB, General Business District.
(4} b~terim Uses. Except as specifically limited herein, the following uses
may be allowed in the GB, General Business District, subject to the regulations set forth
for interim uses in § 9.104, Administration and Enforcement, and the regulations for
specific uses set forth in § 9.107, Specific Development Standards:
(a) Fireworks tents.
(b) Outdoor agricultural/produce sales.
(c) Outdoor Christmas tree sales.
(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the GB, General Business District:
(a-f) [SECTIONS TO REMAIN UNCHANGED]
(F) CBD, Central Business District.
(4) Interim Uses. Except as specifically limited herein, the following uses
may be allowed in the CBD, Central Business District, subject to the regulations set forth
for interim uses in § 9.104, Administration and Enforcement, and the regulations for
specific uses set forth in § 9.107, Specific Development Standards:
(a) Fireworks tents.
(b) Outdoor agricultural/produce sales.
(c) Outdoor Christmas tree sales.
(5) Permitted accessory uses. Except as specifically limited herein, the
following accessory uses shall be in the CBD, Central Business District:
(a-e) [SECTIONS TO REMAIN UNCHANGED]
(6) Off-street parking. The CBD, Central Business District, shall be
considered an off-street parking district in which off-street parking is not required for
nonresidential land uses. Residential land uses, including those in mixed-use buildings,
shall meet the parking requirements of § 9.106.
(Ord. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03)
Section 2:
This ordinance shall be in full force and effect from and after 30 days a$er its passage.
First Reading: September 10, 2007
Second Reading: September 24, 2007
Date of Passage: September 24, 2007
Offered by: Kelzenberg
Seconded by: Williams
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm,
Mayor Gary L.
Attest:
Patricia Muscovitz, CMC
City Clerk