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Home My WebLink About109-06 Interim Uses~ PRjO~ . O ~,~ u ~~~` x ~~'NES~~~'. 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 109- 06 AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 1108 (title) is amended as follows: • CONDITIONAL USE PERMITS, VARIANCES, AMENDMENTS, AND INTERIM USE PERMITS Section 1101.202 is amended as follows: This Ordinance divides the City into 12 Use Districts. Within each Use District certain uses of land are permitted, permitted with conditions, permitted by conditional use permit or permitted by an interim use permit. Section 1101.400 is amended to add "interim use" to the definitions as follows: • Interim Use. A temporary uses of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it. Section 1108.902 is amended to add Interim Uses to the list of Land Uses that are subject to Site Plan review procedures. Section 1108.1000 is amended to add the following language: • INTERIM USE PERMIT. 1108.1001 Purpose and Intent. Certain uses, while generally not suitable in a particular Zoning District, may, under certain circumstances be acceptable for a prescribed period of time. An Interim Use is a temporary use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permit it. An Interim Use may never become a Use that is permitted, permitted with conditions or allowed by conditional use permit unless a Use District in the Zoning Ordinance is amended, following the procedure set out in Section 1108.500, by a 4/5ths vote of the City Council to add the Use. 1108.1001. Process. Two steps must occur before an Interim Use can occupy a property. The first step requires the City Council to designate a particular Use allowable in a specified Use District as an Interim Use. The second step requires the application for and approval of an Interim Use Permit. (a) Designation of Interim Use. An Interim Use may be designated by the City Council in the same manner as a Zoning Ordinance Amendment. mlcouncil\orrtipaaac~2-OO9~a-(~D6-i~tera~a-usa.~~d~ . Phone 952.447.9800 /Fax 952.447.4245 (b) Application for Interim Use Permit. The procedures for applying for an Interim Use Permit, the required exhibits, and the criteria for granting an Interim Use shall follow the process for Conditional Use Permits, as set out in Section 1108.200. (c) Limited Application. Interim Uses shall only be allowed in extraordinary circumstances and in response to a need that benefits the overall community. The issuance of an Interim Use Permit does not confer upon the property owner and vested right. (d) Permit. The City Council may grant an Interim Use Permit for the interim use of property if: (1) The use conforms to (is allowed in) the zoning district; (2) The date or event that will terminate the use can be identified with certainty; (3) Permitting the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and (4) The permittee agrees in writing to any conditions that the city council deems appropriate for permission of the use. (e) Assent Form. An Interim Use Permit requires the applicant to sign an assent form and any approved exhibits which acknowledge the terms and conditions under which the Interim Use Permit is granted. The applicant thereby agrees to observe and be bond by the terms and conditions set forth. (f) Permit Termination. An Interim Use Permit shall expire or be terminated by: (1) A change in zoning regulations, which prohibits the use. (2) The date of event(s) stated in the permit. (3) Upon a violation of any condition under which the permit was issued. (g) Permit Review. An Interim Use Permit must be reviewed annually by staff, but may be reviewed at any time if the Council is of the opinion that the terms and conditions of the permit have been violated or if one (1) of the criteria for termination has been met. (h) Permit Extension. The City Council shall have the right to extend the termination date for such additional periods as are consistent with the terms and conditions of the original permit, but in no event beyond ten (10) years. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 1St day of June, 2009. ATTEST: City Man Ma r Published in the Prior Lake American on the 6tn day of June, 2009. m:\council\ordinanc\2009\109-06 interim uses.doc 2 CITY OF PRIOR LAKE ORDINANCE NO. 109- 06 AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 1108 (title) is amended as follows: CONDITIONAL USE PER- MITS, VARIANCES, AMEND- MENTS, AND INTERIM USE PER- MITS Section 1101.202 is amended as follows: This Ordinance divides the City into 12 Use Districts. Within each Use District certain uses of land are permitted, permitted with condi- tions, permitted by conditional use permit or permitted by an interim use permit. Section 1101.400 is amended to add "interim use" to the definitions as follows: Interim Use. A temporary uses of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it. Section 1108.902 is amended to add Interim Uses to the list of Land Uses that are subject to Site Plan review procedures. Section 1108.1000 is amended to add the following language: Interim Use Permit. 1108.1001 Purpose and Intent. Certain uses, while gener- allynot suitable in a particular Zon- ingDistrict, may, under certain cir- cumstances beacceptable for apre- scribedperiod oftime. An Interim Use is a temporary use of property until a particular date, until the occurrence of a particular event or until the zoning regulations no longer permit it. An Interim Use may never become a Use that is per- mitted, permitted with conditions or allowed by conditional use per- mitunless aUse District in the Zon- ing Ordinance is amended, follow- ing the procedure set out in Section 1108.500, by a 4/5ths vote of the City Council to add the Use. 1108.1001. Process. Two steps must occur before an Interim Use can occupy a property. The first step requires the City Council to designate a particular Use allow- able in aspecified Use District as an Interim Use. The second step re- quires the application for and ap- proval of an Interim Use Permit.. (a) Designation of Interim Use. An Interim Use may be designated by the City Council in the same manner as a Zoning Ordinance Amendment. (b) Application for Interim Use Permit: The procedures for apply- ing for an Interim Use Permit, the required exhibits, and the criteria for granting an Interim Use shall follow the process for Conditional Use Permits, as set out in Section 1108.200. (c) Limited Application. In- terim Uses shall only be allowed in extraordinary circumstances and in response to a need that benefits the overall community. The issuance of an Interim Use Permit does not confer uponthe property owner and vested right. (d) Permit. The City Council may grant an Interim Use Permit for the interim use of property if: (1) The use conforms to (is al- lowed in) the zoning district; (2) The date or event that will terminate the use can be identified with certainty; (3) Permitting the use will not impose additional costs on the city if it is necessary for the city to take +hn nrnnar+v in +ho F rt.rro• onA Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. ~ ~ ~ J was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuywxyz ,. ~y r ,. By: t, `-.-__ _.-- Laurie A. Hartmann Subscribed and sworn before me on this ~ ~ F~ day of ,7"c.t i~'~~ , 2009 n.~...~.., y . " ",,ate, JYMME J. BARK ~ NUTAR`( PUBLIC -MINNESOTA Nota P lic ,~ s,,~ ~Y Commission Expires 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.43 per column inch