Agenda - Council - 12/21/1999 - Special

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! ! ADOPT ORDINANCES TO AMEND CHAPTER 9 (ZONING AND SUBDIVISION OF LAND) SECTION 9.03.04 AND ADD SECTION 9.03.04A OF THE RAMSEY CITY CODE By: Jon Scalzo, Planning Consultant BACKGROUND: Rm;.,s~y City Code presently does not have language to support and process the applications of use permits. Per the City Attorney's direction, City Staff has prepared these ordinance ;ndments and additions to Chapter 9 of the City Code. OBSERVATIONS: Ar' :L:~,.ted earlier, the City does not currently have a section on interim use permits. ti", :: '.,ming ordinance is the primary tool that communities have to guide and control land use. It :.;, ~ :o one the most tangible and direct means for implementing the comprehensive plan. When ~.[.: .... ~ said and done, the stun total of a community's authority to regulate the use of property is what is written in its ordinance. ~ :~ ..,,,~ '/er well written or intended, ordinances are prepared at a single point in time, in response i:,: :'..: , :ommunity's then current objectives and values. Ordinances also change incrementally c>v;.:~ ~Sme, with individual sections being prepared in response to problems. It is inevitable that plans and ordinances become outdated. ?~.,, ~ ,o~q)ose and intent of allowing interim uses is 1) to allow a use for a limited period of time ~,:,~.: . ~ ,.,zonably utilizes the property where it is not reasonable to utilize it in the manner provided xt. 'i .... ':omprehensive guide; and 2) to allow a use that is presently acceptable but that, with ami, ~.i'ated development, will not be acceptable in the future. "Conditional use" means a land use or development as defined by ordinance that would not be apr,~'( ,r,riate generally but may be allowed with appropriate restrictions as provided by official ,,-:,.~.,~ ,~/r~ upon a finding that 1) certain conditions as detailedin the Zoning Ordinance exist, 2) the ,~:;-: ~. 4evelopment conforms to the Comprehensive Land Use Plan of the City and 3) is ¢o.m~,~tible with the existing neighborhood. h,~ i~.c past, the City of Ramsey has accepted applications as interim use permits and processed them as conditional use permits with a time limit or sunset provision attached. This is no longer a~ ~., :ceptable practice. The only permit that can legally be attached a time limit or "sunset t)',,' ~ i:-don" is an interim-use permit. Conditional use permits are land use permits that mn with i:h~ I~nd. They cannot be automatically revoked when a particular applicant sells, or a specific ~i,.~e period elapses.