01-09-1995 Council Packet - Laserfiche WebLink

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EL APPROPRIATE REGULATORY VEHICLE The second issue that comes to mind as I review the proposed amendments is whether the zoning code is the appropriate vehicle for aU of the regulatory goals you seek to iraplemenL Generally, the City’s zoning code is the appropriate vehicle for regulating land use that wiU not change from day to day. For instance, the type of business to be conducted, the size and location of buildings and other structures, the percentage of the lot which may be occupied, and the size of yards and other open spaces are regulatory goals which cxn only be accomplished through a zoning ordinance. Minn. StaL § 462.357 (1994). One of the tools available to a City in regulating these types of land uses is the conditional use permiL Se- Minn StaL §462.3595. Conditional use permits allow a City to designate certam types of i^d uses within a particular zoning dismct based upon the applicant’s satisfaction of certain standards and criteria articulated by ordinance. Uses of land that might change from day to day, on the other hand, need not be reeulated by the zoning code. Such uses include the specific activities that are conducted on the property as opposed to the physical characteristics Lhe site and the general nature of the activ^ity being conducted. These specific activities (such as hot^ of operaucn) may be regulated through a licensing scheme pursuant to the City’s police powers. In the proposed amendments to Section 10.41, most of the regulations are appropriately part of the zoning code in that they deal with the physical cha^tensucs of die site and the eeneral nature of the business being conducted thereon. Amendments addressing specific activ^iiies. such as the on-land density of boat storage or incorporation by reference of LMCD regulations do not need, however, to be included in the zoning code. Although there is nothing improper about including them in the zoning code, you m^ want to consider moving these to the marina Ucensing section of the code to give the City more flexibihty m amending these requirements at a future date. you know, it is much cumbersome to amend the zoning code than it is to amend other secuons of the co e licensing provisions.) CONCLUSION I hope this informaiion is helpful. I would be happy to come out this evening ^d visit with the Planning Commission as it considers these amendments. Please let me know how you would like to proceed. cc: Thomas J. Barrett 219/22031413 7/32/94