2020.09.15 Planning Commission - Laserfiche WebLink

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STAFF Memorandum Ordinance 877: Interim Use Permit Regulations To: Planning Commission From: Ben Gozola, Assistant Director DCAD Meeting Date: 9-15-20 INTRODUCTION Cities are allowed to use a number of tools established by State Statute for overseeing land uses within their borders. One such tool, the “Interim Use Permit,” is especially useful in situations where the City would like to permit a use, but also identify a specific sunset date or trigger that would end the use. A recent land use application before the City highlighted the fact that Interim Use Permits currently cannot be issued as the New Brighton Zoning Ordinance has never been amended to include the tool. Ordinance 877 would rectify this ommission. BACKGROUND The Interim Use Permit (IUP) tool was created by the state legislature as a primary way for communities to deal with uses such as mining that should only be given a finite period of time to operate. In the case of a mine, the use can only exist so long as the resource being mined is available, and there should be requirements to restore an area upon conclusion of the use. New Brighton is not alone in having an old code that does not include this tool as IUPs are a relatively recent addition to state law when compared to the standard tools of special use permits and variances. ORDINANCE REVIEW Ordinance 877 would create new Sections 8-140 through 8-200 within the zoning code to outline what interim use permits are, how they are reviewed, when they can be approved, and what happens when permits are issued. Other sections of the ordinance adopt new definitions, or authorize specific uses as being eligible for IUPs in the City’s various zoning districts.  Section 1: Adding New Definitions  Lines 10 - 11. Creates a definition for “Accessibility Improvements.” Later in the ordinance, accessibility improvements will be identified as an interim permitted use within the City’s residential zoning districts.  Lines 13 – 14. Creates a definition for “Interim Use.”  Lines 12 & 15 renumber all existing definitions to fit around the two new definitions.