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