HomeMy WebLinkAboutOrd #194 - Adding Article XIV Regarding Interim Uses ORDINANCE N0.194 ,THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO MUNICIPAL ZONING CODE
BY ADDING ARTICLE XIV REGARDING INTERIM USES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Chapter 78—Zoning Regulations is hereby amended by adding Article XIV—
Interim Uses to read as follows:
ARTICLE XIV—INTERIM USES
DIVISION 1 —GENERALLY
Secs. 78-1730—78-1749.—Reserved.
DIVISION 2. - PERMIT
Sec. 78-1725.—Definition, Purpose and Intent.
(a) Definition. An interim use is a temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning regulations no longer permit it.
(b) Purpose and intent. Because of their unusual characteristics, interim uses require
consideration so that they may be located and regulated properly with respect to the
objectives of this chapter and the Comprehensive Plan, and with respect to their impacts
on surrounding properties. In order to achieve these purposes, the City Council is
empowered to grant and to deny applications for interim use permits and to impose
reasonable conditions upon the ganting of these permits. Additionally, the intent of
allowing interim uses is:
1. To allow a use for a brief period of time until a permanent location is obtained or
while the permanent location is under construction.
2. To allow a use that is presently judged acceptable by the City Council,but that
with anticipated development or redevelopment, will not be acceptable in the
future or will be replaced in the future by a permitted or conditional use allowed
within the respective zoning district.
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3. To allow a use which is reflective of anticipated long range change to an area and
which is in compliance with the Comprehensive Plan provided that said use
maintains harmony and compatibility with surrounding uses and is in keeping
with the architectural character and design standards of existing uses and
development.
Sec. 78-1726. -Application Procedure. The information required and the procedures to be
followed for all interim use permit applications shall be the same as that required for a
� conditional use permit as provided for in this Chapter in Sections 78-912 through 78-917. In
addition, the following information shall be provided:
(a) written documentation that includes a complete description of the use, schedule for
commencement and termination of the use,hours and dates of operation and anticipated
employment.
(b) any special studies requested by the City when there is evidence that the proposed use
may negatively impact public infrastructure, the environment or adjacent land uses.
These studies may examine the impacts on such things as traffic, environment, wetlands
and utilities.
(c) evidence of approval or preliminary approval from all other agencies with jurisdiction
over elements of the use.
Sec. 78-1727. - Standards and Conditions. No interim use permit may be granted unless the
City Council determines that the use will comply with the following:
(a) The use will meet the general performance standards in Section 78-916 of this Chapter;
(b) The use is allowed as an interim use in the applicable zoning district;
(c) The use will not delay anticipated development or redevelopment of the site;
(d) The use will not be in conflict with any provisions of the city code on an ongoing basis;
(e) The use will not adversely affect the adjacent property, the surrounding neighborhood, or
other uses on the property where the use will be located;
(fl The use will not impose additional unreasonable costs on the public;
(g) The date or event that will terminate the use can be identified with certainty; and
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(h) The applicant agrees in writing to any conditions that the City Council deems appropriate
for the use, including a requirement for a financial security to ensure removal of all evidence
of the use upon termination, and restoration of the site to prior or better conditions. The
conditions shall be set forth in a development agreement between the property owner and the
City, which agreement shall be recorded with the Hennepin County Recorder or Registrar of
Deeds.
Sec. 78-1728. - Effect of Permit.
(a) An interim use permit is effective only for the location specified in the approval
documentation.
(b) The issuance of an interim use permit does not confer on the property any vested rights.
(c) Interim use permits shall be reviewed as a minimum at least annually by the City Council.
(d)An interim use permit expires one year after approval if the proposed use has not been
commenced or a building permit for a structure to support the interim use has not been
issued.
(e) An interim use permit expires if the interim use ceases operation for a continuous period
of at least one year.
Sec. 78-1729. —Termination. An interim use permit expires and the interim use shall
terminate upon the occurrence of any of the following events:
(a) The termination date specified in the interim use permit.
(b) Upon violation of conditions under which the permit was issued.
(c) Upon change in the City's zoning regulations which renders the use nonconforming.
(d) The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
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SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption and publication.
ADOPTED this g th day of May , 2017 on a vote of t�ayes
and 1 nays by the City Council of Orono, Minnesota.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor �
Ordinance published in The Laker and The Pioneer newspapers the week of ,2017.
V2 5-1-17
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