Agenda - Planning Commission - 07/10/2003

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City of Ramsey May 30, 2003 Page 2 The sections which fail to provide sufficient guidance regarding permissible and impermissible uses in Subdivision 4 are as follows: 1) Section c includes some guidelines for the types of businesses which are not permissible, but the zoning code provides no guidance on the types of businesses which ar.e permissible. That leaves a great deal of discretion with city officials to grant and deny permits without any guidelines to assure consistency in the application of the zoning code, and gives a potential user of the property little guidance on what type of business is permissible. 2) In Section D, the distinction between accessory structures adjacent to a principal structure, and those not containing a principal structure is arbitrary and capricious. Why should one be allowed four additional employees and the other only be allowed 17 Both should be allowed the same number of employees. Also, there is no analysis as to whether 4 additional employees is a useful limitation, given the size of permissible accessory structures and the acreage of a particular parcel. Again, we believe that a 10 acre parcel can support a business with as many as ten additional employees without burdening the neighborhood. The counsel agreed when a cabinet manufacturer applied for a permit. 3) In Section e, the code provides no objective guidelines or standards as t° what constitutes "excessive" vehicular traffic. I propose a limit on the hours of traffic, between the hours of 8:00 am and 8:00 pm, and on the number of customer visits per day. 4) In section h, the code provides no objective guidelines or standards as to what constitutes a fire hazard to neighboring residences, adversely affecting neighborhood property values, or constitute a nuisance, or be detrimental because of noise, odors, or other circumstances. We proposed adopting the standards set forth in Oak Grove's zoning code, tying the prohibitions to storage of defined quantities and types of flammable and hazardous substances. As to concerns about property values, aesthetics, noise concerns, etc., most other city ordinances impose requirements for exterior appearances of the buildings (i.e. types of siding, screening, etc), impose restrictions on the days and hours of operation, and restrictions on the types of chemicals used on site. Those standards are objective and easier to interpret, and easier to enforce consistently. 14