Memo/ Ordinance Change to Permit Temporary usesMEMORANDUM
DATE: August 16, 1989
TO: Zoning and Planning Commission
FROM: Nancy S. Anderson
SUBJECT: Ordinance change to permit temporary uses
A new law was created by the 1989 Legislature which allows
the establishment of "interim uses" under the Municipal
Planning Act. This is a new alternative for a city which
wants to limit the time of a use.
The statue defines an "interim use" as the following: "a
temporary use of property until a particular date, until the
occurrence of a particular event, or until zoning
regulations no longer permit it ".
An example of a "interm use" is the proposed ash storage at
the Hennepin County Site.
The staff is recommending that this language be included in
the zoning ordinance to address situations that will be
temporary.
The Commission's action is to set a public hearing.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 89 -656
AN ORDINANCE AMENDING HOPKINS
ZONING ORDINANCE NO 515 -570
PERTAINING TO INTERIM USES
BE IT ORDAINED, by the City Council of the City of Hopkins as
follows:
That the Hopkins Zoning Ordinance No. 515 be and the same is
hereby amended by adding the following provisions:
Subd. 59. 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.
That the Hopkins Zoning Ordinance No. 525 be and the same is
hereby amended by adding the following provisions:
525.14. Interim uses. Subdivision 1. Interim uses are
allowed in all zoning districts. The City Council may
set conditions on interim uses. The City Council may
grant permission for an interim use of property if:
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;
the user agrees to any conditions that the governing
body deems appropriate for permission of the use.
An interim use may be terminated by a change in
zoning regulations.
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Attest:
Subd. 2. Public hearing. At least ten (10) days before
the date of a Public Hearing a notice of said hearing
shall be mailed to the owners of all property within
three hundred fifty (350) feet of the subject property.
The records of the City Assessor shall be deemed
sufficient for determining the location and ownership of
all such properties. The notice of Public Hearing shall
include the time and place of the hearing, the specific
request to be considered, any proposed use of the
property different then its existing use, the property's
current zoning classification, the legal description of
the property, and the property's street address, if
applicable. The Planning Commission shall hold the
Public Hearing on an application at its first regular
meeting following appropriate legal notice. The
applicant and /or his representative shall appear before
the Planning Commission at this hearing to answer
questions regarding the request.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
James A. Genellie, City Clerk
Nelson W. Berg, Mayor