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HomeMy WebLinkAbout2009.12.07 ORD 2009-435ORDINANCE 2009-435 AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.1 INTERIM USE PERMITS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90, Article ii, to add section 90-37.1 INTERIM USE PERMITS state the following: Sec. 90-37.1 Interim use permits. (a) Purpose. To allow a use under certain conditions that would otherwise not be allowed under the zoning regulations, but because of its temporary nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses. (b) Authorization. The City Council may authorize interim uses of property by issuance of Interim Use Permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. Interim uses that fail to comply with the zoning standards established for the district within which the use is located may also be authorized. (c) Standards. (1) The term of an Interim Use Permit shall not exceed three years (2) Because of its temporary nature, an interim use permit shall not be renewed. Continuation of an interim use beyond the date of expiration of its interim use permit requires approval of a new interim use permit. Home Occupations are exempt from this standard and shall be under the standard of Section 90-232 (h). (d) Application procedure. Applications for interim use permits shall be made to the Community Development Director or designee on forms provided by the city. To be considered complete, the application shall include: (1) All items under section 90-37 (a) for Conditional Use permits (2) A narrative of information to fully describe the nature of the request and use, its operation and intensity, location on site, potential impact to surrounding properties, and site improvements necessary to conduct the use. (3) A statement from the applicant with the date or event that will terminate the temporary use. (e) Hearing before Planning Commission. Upon receipt of a completed application for an interim use permit, the Community Development Director or designee shall schedule the application for a hearing before the Planning Commission. Ordinance 2009-435 Interim Use Permits Page 2 of 4 (1) If the Interim Use Permit application relates to any floodplain or shoreland area, notice of the application shall be provided to the Commissioner of the Department of Natural Resources at least ten days prior to the hearing date. (2) If the Interim Use Permit application relates to any development fronting a State highway and/or a county highway, the Minnesota Department of Transportation and/or county engineer shall be given notice of the application ten days prior to the hearing date. (3) Notice of the Interim Use Permit application shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the application applies, at least ten days prior to the hearing date. (4) If the application relates to any floodplain, the City Engineer shall make a determination and report to the Planning Commission the impact the proposed use will have on the floodplain, including any expected increase to the regional flood elevation and peak discharge of the regional flood. Such determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in accordance with Minnesota Rules 6120.5000--6120.6200, and assume an equal degree of encroachment on both sides of the stream within the reach. In making a determination, the City Engineer shall use existing floodway and flood fringe boundaries shown as numbered A zones on the city's official floodplain map. The property owner may request a map revision in accordance with section 90-138. (f) Findings required for approval. In order to recommend approval of an Interim Use Permit, the commission must find all of the following: (1) The use shall conform to all zoning regulations. (2) The use will not delay the permanent development of the site or prevent the orderly development of surrounding sites. (3) The use will not adversely impact implementation of the Comprehensive Plan. (4) The use will not be in conflict with any provisions of the code. (5) The use will not adversely impact nearby properties through characteristics including but not limited to, nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety and welfare of the community. (6) The date or event that will terminate the use has been identified with certainty. (7) The use shall not cause or impose additional costs to the City of Hugo. (g) Conditions imposed. The Planning Commission may recommend and the City Council may place restrictions, conditions and requirements on an Interim Use Permit to protect the health, 2 Ordinance 2009-435 Interim Use Permits Page 3 of 4 safety, and welfare of the community, mitigate unfavorable consequences of activities resulting - from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to: (1) Buffering and screening measures (2) Ingress and egress to the property. (3) Parking (4) Landscaping (5) Design and location compatibility with the adjacent properties and other properties in the district. (6) Utilities with reference to location, availability, and compatibility. (7) An escrow account to cover the costs to restore the property to its original condition, if necessary. (h) Basis for denial. In order to recommend denial of an Interim Use Permit, the Planning Commission must find that the proposed use will not meet one or more of the conditions found in subsection (f) of this section. (i) Expiration and Termination. An interim use permit shall expire and the Interim Use Permit shall terminate at the earlier of: (1) The expiration date established by the City Council at the time of approval, but in no case more than three years from the date of approval. (2) Occurrence of any event identified in the interim use permit for the termination of the use. (3) Upon an amendment to the City Code that no longer allows the interim use. (i) Suspension and Revocation. (1) The City Council may suspend or revoke an Interim Use Permit upon failure of the interim use, or the Interim Use Permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare. (2) A suspension or revocation of an Interim Use Permit shall be preceded by written notice to the permit holder and a hearing before the City Council. The notice shall provide at least 10 days notice of the time and place of the hearing and shall state the 3 Ordinance 2009-435 Interim Use Permits Page 4 of 4 nature of the violations. The notice shall be mailed to the permit holder at the most recent address listed on the application. 0) Issuance of permit. The Community Development Director or designee shall, within ten days of City Council approval of any Interim Use Permit, provide one copy of the completed permit to the applicant, the City Clerk, and for permits issued in the floodplain district or shoreland district, to the Commissioner of the Department of Natural Resources. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON DECEMBER 7, 2009 — �A 1%, - Fra , Ma or ATTEST: Michele Lindau, City Clerk 4 SUMMARY ORDINANCE 2009-435,436 & 437 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.1 INTERIM USE PERMITS AND AMENDING CHAPTER 58 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, ARTICLES I AND II, TO AMEND SECTIONS 58-1 to 58-6 and 58-31 to 58-41 AND AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.2 SPECIAL EVENT PERMITS to add the following: SUMMARY OF ORDINANCES: CHAPTER 90 Sec. 90-37.1 Interim use permits. (a) Allows uses under certain conditions that would otherwise not be allowed under the zoning regulations, but because of its temporary nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses. (b) States that the City Council may authorize interim uses of property by issuance of Interim Use Permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. (c) Outlines standards for an interim use permit since it is temporary in nature. (d) Outlines standards for the application process, which are the same requirements as applying for a conditional use permit. (e) Outlines the procedures for the public hearing process to be forwarded to the Planning Commission. (f) Provides findings in order to recommend approval of an Interim Use Permit; the commission must find that all of the criteria are met. These items include but are not limited to, the use will not delay the permanent development of the site or prevent the orderly development of surrounding sites and the use will not adversely impact implementation of the Comprehensive Plan. (g) Provides provisions that the City Council can impose conditions to the Interim Use Permit. (h) Provides provisions for the basis of denial of the interim use permit if all the criteria under section (f) are not met. Summary Ordinance 2009-435, 436 & 437 Page 2 of 4 (i) Provides provisions for suspension and revocation of an interim use permit. These items included but are not limited to failure of the interim use, or the Interim Use Permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions 0) Provides provisions for the issuance of the interim use permit. CHAPTER 58 ARTICLE I. IN GENERAL Section 58-1. Provides definitions for canvassers, peddlers, solicitors, and transient merchants were created. Sec. 58-2. States that any person or organization that violates any provision of this chapter is guilty of a petty misdemeanor. Sec. 58-3. Provides provisions that certain activities that are exempt from this chapter. The exemptions include but are not limited to, sales of goods, merchandise or services to businesses, commercial, or industrial users at their usual place of business, sidewalk sales related to the adjoining business, and sale of admissions by local school students to a school function or by local bona fide civic or nonprofit organizations for entertainment functions sponsored by such organizations. Sec. 58-4. Outlines prohibited practices for peddlers, solicitors, and transient merchants I one of the items are done is a violation of this chapter. Sec. 58-5. Provides provisions for the use of streets. Sec. 58-6. Provides a provision that permission from a property owner is required. ARTICLE II. PERMIT Sec. 58-31. States that any activities as described in section 58-1 within the city shall have a permit if required by state statute. Sec. 58-32. Provides provisions under this sections that need to be submitted in order for an application to be considered complete. These items include but are not limited to name, address, and copy of license or identification. Sec. 58-33. Provides provisions of issuance of a permit. Sec. 58-34. Outlines grounds for denying a peddler, solicitor or transient merchant license: Sec. 58-35. States that the fees established by the fee schedule should be paid with the application. 2 Summary Ordinance 2009435, 436 & 437 Page 3 of 4 Sec. 58-36. Provides fee exemptions for bona fide charitable, religious, civic, educational, or political organization provided the proceeds of any sale or solicitation are being used for the legitimate purpose of such organization. Sec. 58-37. Provides the provisions that permits are not transferable or refundable. Sec. 58-38. Provides the provision that a permit shall be carried at all times. Sec. 58-39. States that all permits issued under the provisions of this article shall expire at midnight on the date specified on the permit. All permits are issued for a maximum of 30 days/ Sec. 58-40. Permits used under the provisions of this chapter may be revoked by the council of the city after notice and hearing for any of criteria outlined in this section. Sec. 58-41. Provides provisions for the reapplication process. CHAPTER 90 90-37.2 Special Event Permits. (a) Provides the purpose and intent of the ordinance. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (b) Outlines the items that shall be submitted in order for an application to be considered complete. (c) Outlines special events that do not require a special event permit. These items include but are not limited to Sales, promotional activities or fund-raising events that take place entirely within a building that is properly zoned for the use do not require a special event permit or any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit. (d) Provides provisions for events that are subject to administrative approval. If it is deemed that the event is minor in nature and does not fall under any of the items under (e) in this section the application can be administratively approved. (e) Outlines items that would prompt the staff to forward the application to the City Council for approval. These items include but are not limited to, any event that serves alcohol, events that expect over 200 people in attendance and events that will include live or amplified music or sound. (f) Provides provisions that the City Council can impose conditions on the permit. (g) Provides provisions for the basis of denial of a permit. (h) Provides provisions for expiration of a permit. 3 Summary Ordinance 2009-435, 436 & 437 Page 4 of 4 (i) Provides provisions suspension and revocation of a permit 0) Provides provisions issuance of permit.. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 21 st day of December, 2009. Attest: Michele Lindau, City Clerk 4 AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 a 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO: WASHINGTONCOUNTY SUMMARYORDINANCE 2009-435, 436 AND 437 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 6th day of January 2010; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz X Z D SIGNAT Title Publisher O"ATIEL NEUMAN-LINDSTROM Notary Public -Minnesota y Comm. Expires Jan. 31, 2013 SUBSCRIBED AND SWORN TO BEFORE ME ON THE 20DAY OF _April_, 2010_ NOTARY SIGNATURE: RATE INFORMATION: $9.30/INCH CITY OF HUGO WASHINGTON COUNTY SUMMARY ORDINANCE 2009-435, 436 & 437 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TO ADD SEC- TION 90-37.1 INTERIM USE PERMITS AND AMENDING CHAPTER 58 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, ARTICLES I AND II, TO AMEND SECTIONS 58-1 to 58-6 and 58-31 to 58-41 AND AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.2 SPE- CIAL EVENT PERMITS to add the following: SUMMARY OF ORDINANCES: CHAPTER 90 Sec. 90-37.1 Interim use permits. (a) Allows uses under certain conditions that would otherwise not be al- lowed under the zoning regulations, but because of its temporary, nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses. (b) States that the City Council may authorize interim uses of property by issuance of Interim Use Permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be au- thorized. (c) Outlines standards for an interim use permit since it is temporary in nature. (d) Outlines standards for the application process, which are the same requirements as applying for a conditional use permit. (e) Outlines the procedures for the public hearing process to be for- warded to the Planning Commission. (f) Provides findings in order to recommend approval of an Interim Use Permit; the commission must find that all of the criteria are met. These items include but are not limited to, the use will not delay the permanent development of the site or prevent the orderly development of surround- ing sites and the use will not adversely impact implementation of the Comprehensive Plan. (g) Provides provisions that the City Council can impose conditions to the Interim Use Permit. (h) Provides provisions for the basis of denial of the interim use permit if all the criteria under section (f) are not met. (i) Provides provisions for suspension and revocation of an interim use permit. These items included but are not limited to failure of the interim use, or the Interim Use Permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions 6) Provides provisions for the issuance of the interim use permit CHAPTER 68 ARTICLE I. IN GENERAL Section 58-1. Provides definitions for canvassers, peddlers, solicitors, and transient merchants were created. Sec. 58-2. States that any person or organization that violates any provi- sion of this chapter is guilty of a petty misdemeanor. people in attendance and events that will include live or amplified music or sound. (f) Provides provisions that the City Council can impose conditions on the permit. (g) Provides provisions for the basis of denial of a permit. (h) Provides provisions for expiration of a permit. (i) Provides provisions suspension and revocation of a permit 0) Provides provisions issuance of permit.. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is pub- lished. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 21 st day of December, 2009. APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on January 6, 2010. Sec. 58-3. Provides provisions that certain activities that are exempt from this chapter. The exemptions include but are not limited to, sales of goods, merchandise or services to businesses, commercial, or indus- trial users at their usual place of business, sidewalk sales related to the adjoining business, and sale of admissions by local school students to a school function or by local bona fide civic or nonprofit organizations for entertainment functions sponsored by such organizations. Sec. 58-4. Outlines prohibited practices for peddlers, solicitors, and transient merchants I one of the items are done is a violation of this chap- ter. Sec. 58-5. Provides provisions for the use of streets. Sec. 58-6. Provides a provision that permission from a property owner is required. ARTICLE II. PERMIT Sec. 58-31. States that any activities as described in section 58-1 within the city shall have a permit if required by state statute. Sec. 5'P-32. Provides provisions under this sections that need to be submitted in order for an application to be considered complete. These items include but are not limited to name, address, and copy of license or identification. Sec. 513-33. Provides provisions of issuance of a permit. Sec. 58-34. Outlines grounds for denying a peddler, solicitor or transient merchant license: Sec. 58-35. States that the fees established by the fee schedule should be paid with the application. Sec. 58-36. Provides fee exemptions for bona fide charitable, religious, civic, educational, or political organization provided the proceeds of any sale or, solicitation are being used for the legitimate purpose of such or- ganization. Sec. -58-37. Provides the provisions that permits are not transferable or refundable. Sec. 58-38. Provides the provision that a permit shall be carried at all times. Sec. 58-39. States that all permits issued under the provisions of this article shall expire at midnight on the date specified on the permit. All permits are issued for a maximum of 30 days/ Sec. 58-40. Permits used under the provisions of this chapter may be revoked by the council of the city after notice and hearing for any of cri- teria outlined in this section. Sec. 58-41. Provides provisions for the reapplication process. CHAPTER 90 90-37 Special Event Permits. (a)rovides the purpose and intent of the ordinance. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (b) Outlines the items that shall be submitted in order for an applica- tion to be considered complete. (c) Outlines special events that do not require a Special event permit. These items include but are not limited to Sales, promotional activities or fund-raising events that take place entirely within a building that is prop- erly zoned for the use do not require a special event permit or any event that is otherwise regulated by the city through the use of another regula- tory manner, such as an interim use permit or conditional use permit. (d) �rovides provisions for events that are subject to administrative approval. If it is deemed that the event is minor in nature and does not fall under any of the items under, (e) in this section the application can be administratively approved. (e) Outlines items that would prompt the staff to forward the applica- tion to the City Council for approval. These items include but are not limited to, any event that serves alcohol, events that expect over 200