Agenda - Council - 03/10/1981 - Laserfiche WebLink

Home

CASE 9: d. BUSINESS $ TRADE LICENSES (ORDINANCE 130.01) ~ ZONING: Background Information: This is getting to be a problem where staff is going to have to have Council define license g zoning where the individual doesn't have the proper zoning or a condit~ ional use per~it/home occupation permit to operate his business. The grandfathering still requires that the individual be restrict- ed to no more than he had at the time he came under the grand- father clause. Now, normally, grandfathering is for those who were operating a business that doesn't conform to the zoning ordinance at the.time of it's adoption. However, they are re- quired (should be) to execute an agreement that they cannot expand their grandfathered business or sell it. The other type of grandfathering occurs when you allow a business to exis~ and you know it is in an area that is not zoned for it, over a period of time. There also can develop a seriOUS problem if you don't properly administrater both of the situations. The courts frown on inconsistencies in these cases. Comments: Most cities hate to administer these cases because it gets into dictating citizens rights. It also gets into bureau- racy of government as it does cost to administer it. However, this is a very important issue and Council does have to address it. If you can't address it, you should change your ordinance. Consequently, you~ City Staff would llke for the Council to add- ress this very specifically in a policy so we are not moving in opposite directions. Council Action: Your action will be to adopt specific policy on the above ordinance in administering of it. Now, Council may want to review the ordinance ~ust to see if they w~nt to keep it. If you desire to keep, Council should then recognize the cost in administering it and administer it so we are fair to all who come under it. Consequently, we think Council should adopt a policy on the handling of the grandfather cases that we have here in the City of Ramsey. We feel there are two different types of grand- father cases: (1) the ones you knew existed at the adoption of zoning ordinance (2) the ones that you didn't know about or oc- curred and you chose to ignore. COUNCIL PERSONNEL COMMITTEE REGARDING INPUT DATA EQUIPMENT: City Administrator will go over this with Council at the meeting. This was discussed at the Council Personnel Committee meeting.on February 3~ 1981. Please refer to enclosure (A-2) February 2~, 1981 agenda.