HomeMy Public PortalAbout363CITY OF MEDINA
ORDINANCE NO.363
An Ordinance Adding new Sections 825.07, subd. 49.5; 832.04.1 and
825.73 et seq. to the Code of Ordinances Regarding Interim Uses
The city council of the city of Medina ordains as follows:
SECTION I: Sections 825.07, subd. 49.5; 832.04.1 and 825.61 et sec . are hereby added to the
Medina code of ordinances as follows:
Section 825.07, subd. 49.5. Interim Use — A temporary use of property until a particular
date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
Section 832.04.1. Interim Uses. Within the business park district, the following uses shall
be permitted by interim use permit:
1. asphalt and concrete recycling; and
2. processing and sale of topsoil, peat and similar natural products.
Interim uses shall be further regulated under sections 825.61 et seq. of this ordinance.
Section 825.73. Interim Uses- Purpose. The purpose of this ordinance is to allow the
establishment or continuation of interim uses under specific and regulated conditions. Interim uses
may be allowed by permit if the following conditions are met:
a) the use conforms to the zoning regulations;
b) the date or event that will terminate the use can be identified with certainty;
c) permission of the use will not impose additional costs on the public if it is necessary
for the public to take the property in the future; and
d) the user agrees to any conditions that the city council deems appropriate for
permission of the use.
Section 825.75. Application. The land owner or user shall submit an application for an
interim use permit to the zoning administrator. The application shall be accompanied by the
following information and documentation:
a) legal description of the property;
b) identification of the owner and user, if different;
c) survey showing property boundaries; existing improvements, including buildings,
parking areas, storage areas, utilities, drainage tiles and wells; topography of the site
and area within 100 feet of the property boundaries with contours at 2-foot intervals;
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significant trees and existing vegetation; easements of record, including the
dimensions thereof; and wetlands;
d) site plan of proposed improvements showing all buildings, parking areas, storage
areas, driveways, access points, berms, easements, and adjacent public or private
streets;
e) floor plans and building elevations, including list of building materials, showing a
sketch or computer -generated image of proposed buildings as viewed from
surrounding uses;
f) site plan of existing uses on property in non-residential zones adjacent to the site and
on property in residential zones within 720 feet of the site, measured at the closest
point, showing buildings, entrances and other significant features and illustrating
sight lines to the proposed use;
g) proposed grading plan with contours at 2-foot intervals;
h) soils map;
i) tree preservation plan;
j) landscaping plan, including species and sizes;
k) drainage and storm water plan;
1) utility plan;
m) sign plan;
n) lighting plan;
o) table of all proposed uses by type and square footage, including estimated water and
sanitary sewer usage;
p)
statement of the date or event terminating the use; and
q) application fee.
Subd. 3. Upon receipt of an application for an interim use permit, the zoning administrator
shall review the material submitted and determine whether the application is complete. If the
application is not complete, the zoning administrator shall notify the applicant in writing and shall
specify the additional documentation or information that the applicant will be required to submit
before the application will be considered complete. When the application is complete, the zoning
administrator shall refer the matter to the planning commission for review and public hearing.
Section 825.77. Planning Commission Review; Public Hearing. Subd. 1. The planning
commission shall review the proposed interim use permit on the basis of the information and
documentation submitted by the applicant and any other information available to it. The planning
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commission shall hold a public hearing on the proposed interim use. Notice of the time, place and
purpose of the hearing shall be published in the city's official newspaper at least ten days prior to
the date of the hearing. Notice shall also be mailed at least ten days prior to the hearing to each
owner of affected property and property situated wholly or partly within 350 feet of the property to
which the interim use relates.
Subd. 2. The planning commission shall review the proposed interim use to determine
whether it is consistent with the requirements of this ordinance. Following the public hearing, the
planning commission shall recommend that the interim use be approved with conditions or denied.
The planning commission shall forward its recommendation to the city council along with a list of
suggested conditions if it recommends approval of the permit.
Section 825.79. City Council Review; Amendment. Subd. 1. The city council shall
consider the recommendation of the planning commission after receipt of its report and may
consider any additional information or conduct such additional review, if any, as it determines
would serve the public interest. The city council shall approve with conditions or deny the interim
use permit. The city council shall condition its approval in any manner it deems reasonably
necessary in order to promote public health, safety or welfare and to achieve compliance with this
ordinance. The city council may require the applicant to enter into an agreement including such
provisions as it deems reasonably required to ensure compliance with this ordinance and the terms
and conditions of the city's approval.
Subd. 2. An application to amend an approved site plan shall be reviewed under this section
in the same manner as an initial application for an interim use permit.
Section 825.81. Termination. An interim use shall terminate upon the date or the
occurrence of the event established in the permit or upon such other condition specified by the city.
Notwithstanding anything herein to the contrary, an interim use may be terminated by a change in
zoning regulations applicable to the use or land upon which it is located.
SECTION II: This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 17th day of February, 2004.
ATTEST: ,- m Lane, Acting Mayor
Chad M. Adams, Administrator -Clerk -Treasure
Published in the South Crow River News this 231.d day of February, 2004.
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