HomeMy WebLinkAboutOrd. No. 204 - Amend Chapt 11 Interim Use PermitsOrdinance No. 204, Fourth Series
AN ORDINANCE AMENDING CHAPTER 11 OF THE RED WING CITY
CODE
THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:
SECTION 1: Chapter 11, Division 55 (Special Provisions), Section 55-115 of the City Code is
hereby amended by deleting the ever. stmeak language and inserting the underlined language as
shown below:
DIVISION 55: SPECIAL PROVISIONS
55-115 interim Temporary Uses. This Division allows short-term and minor deviations
from the requirements of the Zoning Code for uses which are truly temporary in
nature, will not adversely impact the surrounding area and land uses, and which can
be terminated and removed immediately. Temporary uses have no inherent rights
within the zone in which they are located.
A) Merin} Temporary- Activities Permitted. The following temporary uses of
land are permitted in any zoning district subject to the specific regulations and
time limits which follow and to other applicable regulations of the district in
which the use is permitted:
1) Contractors' office and equipment sheds (containing no sleeping or
cooking accommodations) accessory to a construction project are
permitted only during the duration of such project and shall be located
on the same property or on property in a district in which the use being
constructed is allowed.
2) Real estate offices (containing no sleeping or cooking accommodations
unless located in a model dwelling unit) incidental to a new housing or
other development to continue only until the sale or lease of all dwelling
units in the development.
3) Garage sales. Garage sales and other sales for items from the site may
occur for no more than three consecutive days on two different occasions
during a calendar year.
4) Natural disasters and emergencies. Temporary activities and structures
needed as the result of a natural disaster or other health and safety
emergencies are allowed for the duration of the emergency.
5)Temporary recreational shelters over 120 square feet in size shall be
allowed on private property for no more than five consecutive days in all
zoning districts and on no more than two different occasions during a
calendar year in residential zoning districts. Temporary recreational shelters
over 120 square feet in size are subject to all primary structure setbacks
required in the zoning district in which they are located._
6) Staging areas for public road and utility installation. Staging areas for public
utility improvement proiects such as the installation of sewer pipes, water
pipes, and road improvements.
B) Temporary Activities Permitted as a Certificate of Compliance. The
following uses of land are permitted as a certificate of compliance in the
specific zoning districts listed, subject to the restrictions in this Division and
the other applicable restrictions in the district or districts in which the
temporary use is permitted as a certificate of compliance.
1) In the A, AC, AR, 1-1,1-2, and RF districts.
a) An outdoor carnival or circus subject to the following restrictions:
i) Circuses and carnivals may be operated for a period not to
exceed 14 calendar days in one location per year in A, AC, AR,
1-1, and 1-2 districts provided a certificate of compliance is
approved by the Council. In all other districts a conditional use
permit and a public hearing shall be required as per Section 85-
020 of this Chapter.
ii) No permit shall be issued for a period exceeding 14 calendar
days in one location per year exclusive of a reasonable
period during which the amusement rides, concessions, etc.
are erected and removed from the site.
iii) The applicant shall prepare a site plan which clearly
illustrates the following: parking for customers and
employees, public restrooms and drinking water, fire
hydrants, electrical service meters and surface lines, fuel
storage, employee housing, light standards, tents and rides.
iv) The applicant shall provide certificates of insurance which
include a clause holding the City harmless regarding the safety
of the applicant's equipment.
v) When the proposed site is a city park, the applicant shall also
include a water deposit and a performance bond. Upon
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completion of the circus or carnival operation, the City Clerk
shall compile bills accumulated for water usage and park
damages and collect such sums from the applicant/operator or
utilize the proceeds of the bond sale.
vi) No carnival or circus shall be located on a parcel of laird less
than five acres in size.
vii) Lighting, amusement activities, noise, or increased traffic
associated with a carnival or circus shall not unreasonably
disturb surrounding residential neighborhoods.
viii) The applicant shall provide a reasonable plan for traffic
control approved by the City and adequate evidence that
said plan will be implemented.
ix) The carnival or circus shall limit its hours of operation to a
daily period extending from 9:00 a.m. to 10:00 p.m.
2) later-im Temporary Uses shall be allowed in Residential Districts
with a certificate of compliance permit as follows:
a) Mobile home use during construction. Mobile homes may be used
for a residence while a permanent residence is being constructed.
Mobile homes may remain on the site until the completion of the
construction, or for not more than two years, whichever time period
is less. The mobile home must be removed within one month of
issuance of certificate of occupancy.
b) Residential sales offices. Sales offices for major subdivisions or
planned unit developments are allowed at the development site until all
lots or houses are sold. Use of the sales office for sites outside of the
project is prohibited.
c) Seasonal outdoor sales. Seasonal outdoor sales of plants and
produce are allowed twice a year for up to five consecutive weeks
each time.
d) Show of model homes. The viewing of model homes within a
subdivision for a fee is allowed for a period not to exceed one month.
Only one showing is allowed per phase of a subdivision.
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LT storage container/portable storage unit (POD). One POD
may be located on a property for a maximum of 14 consecutive days,
including the days of delivery and removal. An extension may be
granted to the applicant by the Zoning Administrator, subject to
conditions, for a reasonable additional time period in an amount not to
exceed 30 days. A residential property is limited to a maximum of
four PODs per calendar year, and a minimum of 15 days shall elapse
between the removal of a POD and the placement of a new POD.
PODs shall only be placed on the property's driveway or in an off-
street parking area.
3) Interim Temporary Uses shall be permitted in the Commercial,
Industrial, and Mixed Use zoning districts, as follows:
a) Parking lot sales. Parking lot sales in zones where outdoor display
is not otherwise allowed are allowed for up to two consecutive
weeks at any one time.
b) Seasonal outdoor sales. Seasonal outdoor sales are allowed for up
to one month at any one time.
c) Warehouse sales. In industrial zones, retail warehouse sales are
allowed for up to one week at any one time.
d) Natural disasters and emergencies. Temporary activities and
structures needed as the result of a natural disaster or other health
and safety emergencies are allowed for the duration of the
emergency.
D4C)_General Regulations. All temporary uses and activities are subject to the
following:
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1) Permanent changes to the site are prohibited.
2) Temporary parking areas are allowed only during construction on the site.
They must be removed within one month of completion of the i.,*_
temporary use.
3) Permanent signs are prohibited. All temporary signs associated with the
interim use must be removed when the activity ends.
4) Interim Temporary uses may not cause the elimination of required off-street
parking.
5) interim Temporary uses on sites where the primary use is a conditional
use may not violate the conditions of approval for the primary use.
6) These regulations do not exempt the operator from any other required -
permits such as sanitation facility permits, building permits, etc.
7) Any int@Fi use that does not meet the dimensional
requirements listed in this Division shall be considered an
temporary use not meeting criteria and shall require a variance following
the regulation established by Section 90-110 of this Chapter.
SECTION 2: Chapter 11, Division 90 (Permits, Amendments, Appeals and Variances) of the
City Code is hereby amended by deleting the eve; stmok language and inserting the underlined
language as shown below:
DIVISION 90: PERMITS, AMENDMENTS, APPEALS, AND VARIANCES
90-045 INTERIM USE PER -NUTS (IUP):
A. Application, Public Hearing, Notice and Procedure: The application, public hearing, public
notice and procedure requirements for interim use permits shall be the same as those for
Conditional Use Permits as provided in Section 90-040 of this chapter. Specific submissions
required to complete an application for an interim use permit shall be specified for each type of
interim use allowed.
B. Termination: An IUP shall terminate on the happening of any of the following events,
whichever first occurs:
1. The date stated in the permit.
2. Upon violation of any condition under which the permit was issued.
3. Upon change in the city's zoning regulation which renders the use nonconforming.
C. Standards:
1. The interim use must be allowed in the zoning district where the property is located.
2. The interim use must meet or exceed the performance standards set forth in this title and
other applicable city ordinances.
3. The interim use must comply with the specific standards for the use identified in this title
and must comply with all conditions of approval as adopted by the City.
D. Conditions: The city may attach conditions to approval of a permit to mitigate anticipated
adverse impacts associated with the use, to ensure compliance with the standards of approval, to
protect the value of other property, and to achieve the goals and objectives of the comprehensive
plan.
E. Findings For Interim Use Permits:
1. The extent, location, and intensity of the use will be in substantial compliance with the
comprehensive plan.
2. The use will provide adequate ingress and egress to minimize traffic congestion in the
public streets.
3. The use will not be detrimental to the existing character of the development in the
immediate neighborhood or endanger the public health, safety, and general welfare.
4. The use will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
5. The use shall, in all other respects, conform to the applicable regulations of the district in
which it is located.
F. Modification Of Standards Or Conditions: The council, after public hearing, may modify
standards or conditions required for the IUP. when strict application of such standards or
conditions would unreasonably limit or prevent otherwise lawful use of a property or an existing_
structure and would result in exceptional undue hardship to the owner of such property or
structure, provided, that such modification will not impair the intent and purpose of such
standards or conditions and is consistent with reasonable enjoyment of adjacent property.
G. Renewal. The following process may be used to renew an active interim use permit that is
set to expire.
1. Application. Application requirements for renewal of an existing interim use permit shall
be the same as for a new application. An application for renewal must be submitted no later than
90 days prior to the expiration date of an interim use permit that is set to terminate on a specific
date.
2. Review. Upon receiving a completed application for an interim use permit renewal, the
City shall send notice of the requested renewal to all property owners within 500 feet of the
parcels containing the interim use. If any objections are raised within ten days of the mailed
notice, the application shall be processed in the manner of a ne-sv application. If no objections
are raised, the City shall prepare a resolution of approval outlining the conditions and
stipulations of the renewal for consideration by the city council. The city council. as its
discretion, may approve or deny the request with findings. Denial of a renewal request does not
constitute termination of the existing interim use permit.
SECTION 3: This ordinance applies to all new applications concerning short-term rentals and
pending applications concerning short-term rentals that have not yet been approved as of the
ordinance's effective date.
SECTION 4. Effective Date: This Ordinance is effective 14 days following the publication of
the ordinance in accordance with the City Charter.
Introduced the 101 day of October 2023
Adopted this day of 2023.
ATTEST:
4A -i x &&� S (�" ,
eri L. Swanson, City Clerk
. - - - #sell)' .
Presenied to the Mayor at 1
A;!prbved this —2- day of
In
Beise, Council President
12E P U B L 1 C A N
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Printer's AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
Resolution No. 7917
City of Red Wing
Erica Althoff, being duly swom, on oath says that he/she is the publisher or authorized agent and employee of
the publisher of the newspaper known as the Republican Eagle, and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331 A.02, or 331 A.07, and other applicable laws, as
amended.
(B) The printed Notice, which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for I successive issue(s); it was published on:
Saturday, October 21, 2023
Printed below is a copy of the lowercase alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the
notice:
abcdefg hijklm nppgrs)"yz
Title: Customer Service Representative
Subscribed and swom to before me on this 23rd day
of October, 2023.
Notary Public:--Uve�4
DAotar PPublic
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Printed Name: Ni/�
Notary Public
Minnesota
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RESOLUTION NO. 7917
A Resolution Authorizing
Summary Publication of
Ordinance No. 203, Fourth Series,
and Ordinance No. 204, Fourth
Series, Amending the Red Wing
Zoning Ordinance
WHEREAS, the Advisory Planning
Commission of the City of Red Wing
recommended that the City Council
approve amendments to Chapter 11
of the City Code (Red Wing Zoning
Ordinance) concerning Short Term
Rentals and Interim Use Permits af-
ter holding a public hearing on July
18, 2023; and
WHEREAS, the City Council of the
City of Red Wing adopted Ordinance
No. 203, Fourth Series and Ordi-
nance No. 204 Fourth Series amend-
ing the City of Red Wing Zoning
Ordinance concerning Short Term
Rentals and Interim Use Permits on
October 16, 2023; and
WHEREAS, Minnesota Statutes,
Section 412.191, Subd. 4 allows
publication by title and summary in
the case of lengthy ordinances; and
WHEREAS, the City Council finds
that the following summary would
clearly inform the public of the intent
and effect of the Ordinances.
NOW, THEREFORE, BE IT RE-
SOLVED, by the City Council of the
City of Red Wing that the City Clerk
shall cause the following summary
of Ordinance No. 203, Fourth Se-
ries and Ordinance No. 204, Fourth
Series to be published in the official
newspaper in lieu of the entire ordi-
nances:
Public Notice
During the October 16, 2023 special
City Council meeting, the City Coun-
cil of the City of Red Wing adopted
Ordinance No. 203, Fourth Series
and Ordinance No. 204, Fourth
Series. The ordinances amended
Chapter 11 of the City Code, the Zon-
ing Ordinance.
In summary, the new ordinances
make the following changes:
Division 10 — Definitions. Up-
dates the definitions and use classi-
fications to include a new use called
short term rentals and amends other
uses that previously fell under the
broader use category of semi -tran-
sient accommodations to better dis-
tinguish between these various types
of activities. With the new use terms,
semi -transient accommodations is
removed from the ordinance. Adds a
new definition for Interim Uses.
Division 20 — Agricultural Zoning
Districts. Adds short term rentals
to the A and AR districts as a Certifi-
cate of Compliance when owner -oc-
cupied and an Interim Use Permit
when non -owner occupied. Amends
other uses based on the changes to
semi -transient accommodations.
Division 25 — Residential Zoning
Districts. Adds short term rentals
to residential zoning districts as
a Certificate of Compliance when
owner -occupied and an Interim Use
Permit when non -owner occupied.
Amends other uses based on the
changes to semi -transient accommo-
dations. Removes a use for interim
community services for further re-
view and discussion by the Planning
Commission at a future date.
Division 30 — Business Zoning
Districts. Adds short terms rentals
to the B-2 and B-3 districts as an In-
terim Use Permit.
Division 40 — Special Districts.
Adds short term rentals to the MCT,
MC, Civic, and Riverfront districts as
an Interim Use Permit.
Division 55 — Special Provisions.
Adds a new section specific to Short
Term Rentals that includes all devel-
opment standards for these uses.
The Ordinance restricts non -own-
er -occupied short term rentals so that
no more than two units may be locat-
ed within 400 feet of another unit (un-
less they are in a multi -unit building)
and to cap the overall number of
short term rentals (non -owner -occu-
pied) at 50 within the City.
Division 55 — Special Provisions
(Temporary Uses). Revises the cur-
rent provisions for temporary uses to
avoid confusion with the new Interim
Use Permit use category. Cleans up
some of the conflicting language in
this section and eliminates a section
specific to community service uses.
Division 60 — Off Street Parking
and Loading Regulations. Re-
places the parking requirements for
semi -transient accommodations with
the same requirements for short term
rentals.
Division 90 — Permits Amend-
ments Appeals and Variances.
Adds a new section to the adminis-
trative provision section of the Ordi-
nance to create a new permit type
called Interim Use Permits (IUP). In-
terim Use Permits are a separate use
category defined under state statutes
that terminate upon a specific date or
event and do not run with the land.
The procedure for the review of Inter-
im Use Permits mirrors the process
used for Conditional Uses (i.e. appli-
cation requirement and public hear-
ing procedures). The draft ordinance
includes a renewal process that ex-
pedites the City review when there
are no neighborhood objections to
the renewal.
NOW, THEREFORE, BE IT FUR-
THER RESOLVED, that:
1) Only this summary of Ordinance
No. 203, Fourth Series, and Ordi-
nance 204, Fourth Series shall be
published along with notice that a
printed copy of the Ordinances are
available for inspection by any per-
son; and
2) A full and complete copy of the
entire text of the Ordinances are
available for inspection at the City
Clerk's office at City Hall, 315 West
4th Street in Red Wing. A full and
complete copy of the entire text of
the Ordinances shall be posted in the
community library between October
17, 2023, and November 3, 3023.
ADOPTED this 16th day of October
2023, by the City Council of the City
of Red Wing.
/s/Kim Beise, Council President
ATTEST:
/s/Teri L. Swanson, City Clerk
Presented to the Mayor at 9:34 a.m.
on this 17th day of October 2023.
Approved this 17th day of October
2023.
/s/Michael Wilson, Mayor
(Oct. 21, 2023) 219511