HomeMy WebLinkAboutOrdinance No. 1614EMERGENCY ORDINANCE NO. 1614
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS;
AND REGULATING SMOKE SHOPS IN ALL COMMERCIAL DISTRICTS
The City of Columbia Heights does ordain:
Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which
is an ordinance relating to and establishing a Zoning and Development plan and revised
Zoning Map for the City of Columbia Heights; and,
Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia
Heights Zoning and Development Ordinance; and,
Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into
five commercial districts, three business districts, and two industrial districts, one mixed
development district; and,
Section 4: The three commercial districts are further classified in the Columbia Heights
Zoning and Development Ordinance as LB, Limited Business District, GB, General Business
District, and CBD, Central Business District; and,
Section 5: To date, the City of Columbia Heights has established the capacity to have five
licensed smoke shops. To date, a number of issues have arisen from these establishments
ranging from general public nuisances to severe public safety considerations. In addition, the
advent of new smoking products commonly referred to as e- cigarettes and related e- tobacco
products are not addressed within the Zoning Ordinance nor the City's licensing process, and,
Section 6: The City Council determines it is necessary to undertake a land use study to
determine the impact of a high concentration of smoke shops on the economic vitality of the
city, including specifically defining what a smoke shop is, defining the term sampling, where
smoke shops may be located throughout the City, how close smoke shops uses may be from
one another, whether licensing requirements should be altered specifically for smoke shops
including the actual number of licenses to be granted, compliance with State law relevant to
smoking of various and sundry products and studying and implementing definitions and other
related provisions for e- tobacco products; and,
Section 7: The Columbia Heights City Council finds it necessary and appropriate to prohibit
the expansion of existing smoke shops and the introduction of new smoke shops within the
City, while the information is gathered regarding smoke shops so as to obtain an accurate
depiction of the effects such uses have in Columbia Heights; and,
Section 8: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights
to adopt this Interim Ordinance to protect the planning process. The City Council finds that
adoption of this Interim Ordinance will protect the planning process and the health, safety and
welfare of its citizens while the study provided for in this Ordinance is being conducted; and,
Section 9: The Columbia Heights City Council hereby imposes a moratorium on smoke shops
in the LB, Limited Business District, GB, General Business District, and CBD, Central
Business District effective immediately for the duration of six months, terminating on October
12, 2014, and recognizing said time period may be shortened by an ordinance adopted by the
City Council.
Section 10: Activities affected by this moratorium include the establishment of smoke shops
and the expansion of existing smoke shops within the LB, GB and CBD Commercial Districts
in the City of Columbia Heights for the purpose of protecting the planning process pending
completion.
Section 11: This Ordinance shall be in full force and effect immediately.
Date of Passage: April 14, 2014