(A) Authority. Pursuant to M.S. § 462.355, Subd. 4, the city is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the city while the city is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. In furtherance of this statutory authority, the city has adopted Chapter 153, the zoning ordinance, including § 153.152 governing amendment of the zoning ordinance. The city declares that this interim section is adopted pursuant to M.S. § 462.355, Subd. 4, and the applicable provisions of Osseo Code of Ordinances, Chapter 153.
(B) Findings and purpose.
(1) The City Council is concerned about the effects of conditional uses in the Highway Commercial District (C-2) and in the Manufacturing and Industrial District (M), especially as certain conditional uses are incompatible with the design and use of permitted uses in these districts and may detract from the desirability of these districts as places to establish businesses that are permitted uses in these districts. The City Council is also concerned that certain conditional uses may negatively affect the elimination of blighted properties. The City Council is also concerned that certain conditional uses may negatively impact adjoining residential districts by the creation or allowing of night lighting, noise and outside storage of vehicles and other business property.
(2) The City Council is currently studying a master plan for redevelopment in the city and is concurrently studying changes to the comprehensive plan. The City Council is interested in promoting the economic vitality of the Highway Commercial District and the Manufacturing and Industrial District. Several sites are currently available for new businesses within the study area. The City Council is concerned that new conditional uses in these districts could be in conflict with changes to the comprehensive plan and could negatively affect existing and future commercial development in these districts.
(3) As a result of the important land use and zoning issues cited above, the city, through its Planning Commission, will conduct studies to consider possible amendments to the comprehensive plan or official zoning controls to address these issues. The City Council finds that this interim section should be adopted to protect the planning process and the public health, safety, aesthetics, economic viability and general welfare of the city.
(C) Zoning study. The Highway Commercial District (C-2) and the Manufacturing and Industrial District (M), as shown on the City of Osseo Zoning Map (§ 153.021, Appendix D), is hereby declared to be an interim zoning study area with respect to any uses other than those currently listed as permitted uses in those respective zoning districts. The Planning Commission is directed to commence a planning study of the effects of certain uses in these districts and to propose such amendments to the comprehensive plan or zoning controls related to uses that the Planning Commission deems advisable.
(D) Restrictions. For a period of one year from the effective date of this section, no approval of any conditional use permit for a use associated with automotive repair or outdoor storage or sales of recreational vehicles or trailers, trucks, or automobiles shall be granted for any property in the Highway Commercial District (C-2) or the Manufacturing and Industrial District (M), except as may be granted based upon hardship. The City Council specifically reserves the right to extend this section for such additional periods as are necessary to complete the planning study as provided by state law.
(E) Hardship. In a case of hardship, any person having a legal or equitable interest in land and aggrieved by the provisions of this interim section may apply to the City Council for a waiver of all or a portion of the applicable restrictions as provided herein. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that a waiver will not unduly affect the integrity of the planning process or the purposes for which the interim section is enacted.
(Ord. 2006-7, passed 12-11-2006)