Loading...
HomeMy WebLinkAboutDraft Ordinance (Interim uses) ORDINANCE NO. XXXX 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 proposed to include the following additions and deletions. § 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, is proposed to include the following additions and deletions: § 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, interim use permits, variances, conditional 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) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 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. 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. 4. 3.Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 5. 4.Review, hold public hearings, and prepare recommendations on any changes to the City’s Comprehensive Plan. 6. 5.Review this article from time to time and make recommendations to the City Council that changes be initiated. 7. 6.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 proposed to include the following additions and deletions: § 9.104 ADMINISTRATION AND ENFORCEMENT. (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. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (6) Conditions of approval. The Planning Commission may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the interim use, to protect neighboring properties, and to achieve the objectives of this article. (7) Time duration. An interim use shall be granted for a maximum of ninety (90) days per calendar year, unless otherwise specified in this article. (8) Discontinuance. An interim use shall be deemed discontinued after the specified time duration has elapsed. Upon discontinuance of an interim use, all subsequent interim uses shall require an interim use permit. **NOTE** Existing § 9.104 (I) and § 9.104 (J-O) shall be re-lettered accordingly. Chapter 9, Article I, Section 9.106 (G) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (G)Temporary uses and structures. 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) Seasonal agricultural sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a conditional use (temporary in nature) for a maximum of 90 days per calendar year, provided such use does not utilize public right-of-way or public property for the sale or display of such items. (5) (6)Other temporary uses. 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 proposed to include the following additions and deletions: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (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 of off-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. (b) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property. (c) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property. (d) A residential greenhouse shall be allowed during the normal growing season only. (e) When not in use, a residential greenhouse shall be dismantled. **NOTE** Existing § 9.107 (C)(25) and § 9.107 (C)(26-27) shall 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. (b)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 proposed to include the following additions and deletions: § 9.109 RESIDENTIAL DISTRICTS. (E)R-1, Single-Family Residential District. (4)Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-1, 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) (4)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) (4)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) (4)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) (4)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 proposed to include the following additions and deletions: § 9.110 COMMERCIAL DISTRICTS. (E)GB, General Business District. (4)Interim 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) (4)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) (4)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) (5) 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 after its passage. First Reading: __________, 2007 Second Reading: __________, 2007 Date of Passage: Offered by: Seconded by: Roll Call: _______ Mayor Gary L. Peterson Attest: _______ Patricia Muscovitz, Deputy City Clerk