Ord 479 Amend Code Interim UsesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 479
AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLES B AND L OF THE CITY
CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY,
CONCERNING CONDITIONAL AND INTERIM USES
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Title 12 -1L -6E-1 is hereby amended as follows:
Grant Of Permit; i : In considering an application for a conditional use permit under
this chapter, the council shall consider the advice and recommendations of the planning commission and
the effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands,
existing and anticipated traffic conditions including parking facilities on adjacent streets, and the effect of
the proposed use on the comprehensive plan. If the council shall determine that the proposed use will not
be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic
congestion nor hazards, nor will seriously depreciate surrounding property value, and that the same is in
harmony with the general purpose and intent of this chapter and the comprehensive plan, the council may
grant such conditional use permit imposing conditions and safeguards therein. ^ time limit .Hay be
imposed en the eendifienal use, and in an), ease, the eenditiefial use peffflit shall be veid after --a
eanditienal use has eeased f f a pefiedof six «' The city council may, by an affirmative vote of
the majority of all members thereof, approve a conditional use permit. The city council may, by an
affirmative vote of the majority of all members thereof, approve a conditional use permit for planned unit
development.
Section 2.
Title 12-1B-2 is hereby amended as follows:
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 the use.
INTERIM USE PERMIT• A permit specially and individually granted for an interim use in any district.
Section 3.
Title 12-1L-6-1 is hereby added as follows:
INTERIM USES:
A. Purpose: The purposes for allowing interim uses are to:
1. Allow a use for a limited period of time until a permanent location is obtained or while
the permanent location is under construction.
2. Allow a use for a limited period of time that reasonably utilizes the property where it is
not reasonable to utilize it in the manner otherwise provided in the comprehensive plan or
city code.
3. Allow a use that is presently acceptable but that, with anticipated development or
redevelopment, will not be acceptable in the future or will be replaced by in the future by
a permitted or conditional use allowed within the respective zoning district.
4. Allow a use that is seasonal in nature.
B. Application for Permit: All applications for an interim use permit are subject to the requirements
in section 12 -1L -6B of this chapter.
C. Referral to Planning Commission: All applications for an interim use permit are subject to the
requirements in section 12 -1L -6C of this chapter.
D. Planning Commission Hearing and Recommendations: All applications for an interim use permit
are subject to the requirements in section 12 -1L -6D of this chapter.
E. Action By City Council:
Grant of Permit: In considering an application for an interim use pen -nit under this
chapter, the council shall consider the advice and recommendations of the planning
commission and the effect of the proposed use upon the health, safety, and welfare of
occupants or surrounding lands, existing and anticipated traffic conditions including
parking facilities on adjacent streets, and the effect of the proposed use on the
comprehensive plan. The council may, by an affirmative vote of the majority of all
members thereof, grant such interim use permit imposing conditions and safeguards
therein if:
a. The proposed use will not be detrimental to the health, safety or general welfare
of the community, nor will cause serious traffic congestion nor hazards, nor will
seriously depreciate surrounding property value.
b. The proposed use conforms to the general purpose and intent of the city code
and comprehensive plan, including all applicable performance standards, so as
not to be in conflict on an on-going basis.
c. The date or event that will terminate the use can be identified with certainty.
d. Permission of the use will not impose, by agreement, additional costs on the
public if it is necessary for the public to take the property in the future.
e. The user agrees to any conditions that the city deems appropriate for permission
of the use, including a condition that the owner will provide an appropriate
financial surety to cover the cost of removing an interim use and any structures
upon expiration or revocation of the interim use permit.
f. The use will not delay anticipated development or redevelopment of the site.
g. The property on which the use will be located is currently in compliance with all
applicable city code standards.
h. The use is allowed as an interim use in the applicable zoning district.
Ord 479 Page 2 of 4
2. Denial Of Permit: Interim uses may be denied by resolution of the city council, and such
resolution shall include a finding and determination that the conditions required for
approval do not exist. No application for an interim use which has been denied wholly or
in part shall be resubmitted for a period of six (6) months from the date of said order of
denial, except on grounds of new evidence or proof of change of conditions found to be
valid upon recommendation of the planning commission to the city council.
F. Revocation Of Pen -nit: An interim use permit may be revoked by any of the following; whichever
occurs first:
1. A violation of any condition set forth in an interim use permit, which shall also be
considered a violation of the city code.
2. A violation of laws of the United States or the state of Minnesota, or city code.
3. If after approval it is discovered the permit was issued based on false, misleading, or
fraudulent information.
4. An amendment to the city code which prohibits the use.
5. The use becomes in conflict with the comprehensive plan.
6. The expiration date or occurrence of any event(s) stated in the permit for termination of
the use.
7. The use has ceased for a continuous period of at least six (6) months.
8. The use has not commenced or a building permit for a structure to support the use has not
been issued within one (1) year after approval.
G. Notice Of Revocation: Upon occurrence of the date or event for termination of the interim use
permit, the city shall notify the permittee in writing that the interim use permit shall terminate not
later than six (6) months after the date of such notice.
H. Effect Of Permit: An interim use permit is effective only for the location specified in the
application. The issuance of an interim use permit does not confer on the property any vested
right.
I. Permit Review: An interim use permit may be reviewed at any time if the city council is of the
opinion that the terms and conditions of the permit have been violated or if one of the criteria for
termination has been met or any other unintended consequences.
J. 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.
Ord 479 Page 3 of 4
Section 4.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this seventh day of July, 2015.
CITY COUNCIL
CITYOF MENDOTA HEIGHTS
ra Krebs
TTEST
r
Lorri Smith, City Clerk
Ord 479 Page 4 of 4