07-18-1994 Planning Packet - Laserfiche WebLink

Home Browse Search

r rr '1 ¥9t0n «9ain s •IS f.lf.l••• 7#»•• n. AfPROPlUATE RI Cri ATORY VEIllCLE The second issue that comes to mind u I review the proposed amendments is whether ihe zcnini code is ihc approprUte vehicle for all of the lejuUtcry foils you seek to Implement. Generilly. ite Ciiy*^ loning cusfc is Uie apprcpriitc vthic*c fer reguhunf land - ,K-. nni ch«-#e from dav to (Uv. For nsunce, the type of business to be conducic«L from iay to day. For nstance, the typ^ of business to be conducie^ the sire and locauon of buildinjs and other structures, the percentage of the lot which may be occucted. and the sire of >a:ds and other open spates aic legulatory goals which can only be accomplished through a zoning ordinance. Sli Stat. } 462.357 (1994). One of ilte tools available to a City in rcgulaiing these types of land uses is the ccndiuonal use permit See Minn. Sul J462.3395. Conditional use peimiis allow a City to designate ceruia types of land uses within a piiticular zoning dlsirict based upon Utc applicant ’s satisfaction of certain standards and criteria articulated by ordmaiKc. U. Uses of latid tliat might change from day to day. on the other hand, need not be regulated by the zoning code. Such uses Include the specific activiUes that are conducted oo the property as opposed to the physical characiensucs die site and the general nature of the acUvity being conducted. These specific acUviUcs (such as hours of operation) may be regulated ilirough a licensing sclicnie pursuant to the City’s police powers. In the proposed amendments to Section 10.41, most of the regulations appropriately part of the zoning code in that they deal with the physical charactensUcs of me site and the general nature of the business being conducted Utercon. Amendnienta addressing specific activities, such as the on-land density of boat storage or Incorporation by reference of I.MCD regulations do not need, however, to be Included in the zoning code. Aliliough Uicrc is nothing improper about including them in die zoning code, you may want to consider moving these to the marina licensing section of the code to give the City more nexibilny tn amending ihcsc requiremenis at a future date. (As you know, li Is much more proccdur^ly cumbersome to amend the zoning code Uian it is to amend other sections of the code like the licensing provisions) CONCLUSION I hope this information is helpful. I would be happy to come out this evening and visit with the Planning Cummiviion ds it considers iltcsc amendments. Please let me ow how you would Hke to proceed. cc: Thomas J. Bairetl 2ld-C:05l4l)7/l7/C4 ) i * ?