09-12-1994 Council Packet - Laserfiche WebLink

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APPROPRIATE REGULATORY VEfflCXE The second issue that comes to mind as I review the proposed j, ivhetber the zoninf code is the appropriate vehicle for all of the refulatocy goab you seek to implement Generally, the City's zoning code is the appropriate vehicle for regulating use that will 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 percenuge of the lot which may be occupied, and the size of yards and other open spaces are regulatory goals which can only be accomplished through a zoning ordinance. Sfifi Minn. StaL i 462357 (1994). One of the tools available to a Qty in regulating these types of land uses is the conditional use permit See Minn. Stat 1462.3595. Conditional use permits allow a City to certain types of land uses within a particular zoning district based upon the applicant's satisfaction of certain standards and criteria articulated by ordinance. Id. Uses of land that might change from day to day. on the ocher hand, need not be regulated by the zoning code. Such uses include the specific activities that are conducted on the property as opposed to the physical characteristics the site and the general nature of the activity being conducted. These specific activities (such as hours of operation) may be regulated through a licensing scheme pursuant to the Qty'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 characteristics of the site and the general nature of the business being conducted thereon. Amendments addressing specific activities, 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 may want to consider moving these to the marina licensing section of the code to j^ve the City more flexibility in amending these requirements at a future date. (As you know, it is much more procedurally cumbersome to amend the zoning code than 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 Commission as it considers these amendments. Please let me know how you would like to proceed. cc: Thomas J. Barrett 219020514137)22^4