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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