|ORDINANCE NO. 342
AN ORDINANCE AMENDING CHAPTER 5, SPECIFICALLY SECTIONS 5.1.3 AG DISTRICT, 5.1.13 ADMINISTRATION, 5.1.17 DEFINITIONS AND 5.10 ALTERATIVE ENERGY AND AMENDING THE MUNICIPAL CODE ACCORDINGLY
THE CITY COUNCIL OF THE CITY OF LESTER PRAIRIE ORDAINS:
Section 1. The following shall be inserted in Section 5.1.3 and the current Sections 220.127.116.11 through 18.104.22.168 shall be renumbered accordingly:
“22.214.171.124 Uses Requiring Interim Use Permits. The following uses may be permitted upon approval of an interim use permit by the City Council.
(a) Hydronic Furnaces according to the requirements of Section 5.10, Alternative Energy.”
Section 2. The following shall be added to Section 5.1.13:
“126.96.36.199 Interim Use Permits. The purposes and intent of allowing interim uses is:
(a) To allow a use of a temporary period of time until a permanent location is obtained or while the permanent location is under construction.
(b) To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment will not be acceptable in the future of will be replaced in the future by a permitted or special use allowed within the respective district.
(c) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development.
(d) To allow a use that is presently judged to be acceptable by the City Council based on the characteristics and circumstances of the specific location, property, or use for which the interim use permit is proposed such that the use will be consistent with the comprehensive plan, complies with the requirements of the zoning ordinance, and is compatible with surrounding land uses, which may be effected as a result of any change to the nature of the interim use or existing uses and development in the area.
188.8.131.52 Procedure. Uses defined as “interim uses” shall be processed according to the standards and procedures for a special use permit as established in this chapter.
184.108.40.206 General Standards. An interim use shall comply with the following:
(a) Meet the standards of a special use permit set forth in this chapter.
(b) The use is allowed as an interim use in the respective zoning district.
(c) The date or event that will terminate the use can be identified with certainty.
(d) The use will not impose additional unreasonable costs on the public.
(e) The user agrees to any conditions that the City Council deems appropriate for permission of the use.
220.127.116.11 Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first:
(a) The date or event stated in the permit.
(b) Upon violation of conditions under which the permit was issued.
(c) Upon change in the City’s zoning regulations which renders the use nonconforming.
18.104.22.168 Certificate of Taxes Paid. Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates.
22.214.171.124 Expiration. Unless the City Council specifically approves a different time when action is officially taken on the request, permits which have been issued under the provisions of this Chapter shall expire without further action by the Planning Commission or the City Council, unless the applicant commences the authorized use within one (1) year of the date the interim use permit is issued; or unless before the expiration of the one (1) year period; the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the interim use permit. A request for an extension not exceeding one (1) year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one (1) year be requested by the applicant, it shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.”
Section 3. In Section 5.1.17 Definitions, the current numbering from 126.96.36.199 through 188.8.131.52 shall be renumbered accordingly.
The following shall be inserted in Section 5.1.17 Definitions:
“184.108.40.206 INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it.
220.127.116.11 INTERIM USE PERMIT. A permit issued in accordance with procedures specified in this chapter as a flexible device to enable the City Council to assign time limits and conditions to a proposed use after consideration of current or future adjacent uses and their functions.”
Section 4. The following Section shall be added to Section 5.10 and the current sections 5.10.5 through 5.10.7 shall be renumbered accordingly:
“5.10.5 Hydronic Furnaces. Accessory use of a wood fired furnace, stove or boiler not located within a building intended for habitation by humans or animals shall be allowed as an interim use only within the AG Agricultural District, subject to the following provisions.
18.104.22.168 Minimum Lot Area: The minimum lot area for use of an accessory hydronic furnace shall be ten (10) acres.
22.214.171.124 Setbacks: Hydronic furnaces shall be set back a minimum of one hundred feet (100’) from all property lines.
126.96.36.199 Burning Material: Material to be burned shall be limited to corn, pellet materials or natural, dry wood that has not been painted, varnished or coated in any way, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
188.8.131.52 Exterior Storage: Outdoor storage of burning material shall be located in a manner so it is not visible from the public right-of-way or street.
184.108.40.206 Other Requirements. All requirements for installation and maintenance shall be met including, but not limited to, local, state and federal regulations and manufacturer’s specifications and shall be EPA phase II qualified.
220.127.116.11 Permit Termination. The interim use permit shall terminate upon the occurrence of any of the following events, whichever occurs first.
18.104.22.168.1 The property on which the hydronic furnace is located is zoned to other than the AG Agricultural District.
22.214.171.124.2 The property on which the hydronic furnace is located is subdivided and the resulting lot area is less than ten (10) acres.”
Section 5. This ordinance shall in effect and be in force from and after its passage and publication.
Adopted this 12th day of December, 2017.
CITY OF LESTER PRAIRIE
By /s/ Eric Angvall, Its Mayor
By/s/ Marilyn L. Pawelk, Its City Clerk
Published in the Herald Journal Dec. 15, 2017.