Agenda - Council - 08/25/2009 - Laserfiche WebLink

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PROPOSED ORDINANCE TO AMEND PERMITTED USES IN THE H-1 AND B-2 HIGHWAY BUSINESS DISTRICTS; CASE OF CITY OF RAMSEY By: Amber G. Miller, Planning Manager Background: CASE # O In discussions regarding RALF prioritization and ongoing acquisitions for RALF, concerns were brought up regarding the number of auto sales along the Highway IQ corridor and the aesthetics of them as an entrance. to the corarrmunity. This issue was taken to a City Council Work Session June 2d and the Council directed Staff to draft an ordinance to change motor vehicles sales and services from a permitted use to a conditional use in the H-1 and B-2 Highway Business Districts. Observations: Under the current code, motor vehicle sales are a permitted use under only two districts: B-2 Highway Business District and H-1 Highway Business District. Under all other zoning districts the use is either a conditional use or not permitted. The change to a conditional use would allow Planning Commission and City Council to review each property individually to determine if motor vehicle sales are an appropriate use on that particular property. They would also have the opportunity to review existing motor vehicle sales along the Highway 10 corridor or any other B-2 District should those uses cease to exist for one year (12 consecutive months) or more. Under current State Statute related to lawful, non -conforming uses, if any of those uses cease to exist for a period of one year, the new occupant would have to get a conditional use, should the proposed ordinance be adopted. To address ordinance issues with the existing establishments, Council has the option of utilizing code enforcement. Notification: In accordance with State Statute and City Code, the public hearing notice for the proposed ordinance was advertised in the City's official newspaper. Funding: The processing of this ordinance amendment is considered part of City Staffs regular duties. Recommendation: The Planning Commission met on August 6, 2009 to hold a Public Hearing on the proposed Ordinance and recommended that City Council approve the Ordinance to amend City Code Sections 9.20.22 and 9.20.27 to change motor vehicles sales and services from a permitted use to a conditional use in the H-1 and B-2 Highway Business Districts.