HomeMy WebLinkAbout2016-334 Ordinance to Opt Out of Regulations for Temporary Structures in the Zoning OrdinanceCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016 -334
Motion By: LaFave
Seconded By: Hank
August 25, 2016
AN ORDINANCE AMENDING THE TEXT OF SECTION 1030.040 OF CHAPTER 10 OF THE
CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE OF THE
CORCORAN CITY CODE
THE CITY COUNCIL OF CORCORAN ORDAINS:
SECTION 1. Amendments. The text of Section 1030.040 of Chapter 10 (Zoning Ordinance) of
the Corcoran City Code is hereby amended by deleting the �ic material and adding the
underlined material as follows:
1030.040 — Temporary Structures
Subd. 1. Opt Out of M.S. 462.3593. Pursuant to authority granted by M.S. 462.3593, subd. 9,
the City of Corcoran opts out of the requirements of M.S. § 462.3593, which
defines and regulates Temporary Family Health Care Dwellings.
Subd. 2� h H--�-- Temporary Structures (including manufactured homes on a temporary
basis) shall only be permitted as provided below:
A. Reconstruction. During the reconstruction of a home that has been damaged or
destroyed and is uninhabitable, the City Council may grant a permit for a period not to
exceed one year for a temporary structure in any zoning district.
B. The City Council may grant an Interim Use Permit with stipulated time limitations for the
temporary utilization of manufactured homes or other temporary structures as living
quarters when a special hardship is found to exist. Such hardship shall be generally a
result of age or a physical handicap of a blood relative. The following conditions shall
apply in such situations:
1. Any person requiring such temporary habitation shall make application to the City
Council for an Interim Use Permit. The request shall state the location, type of structure,
length of time the structure will be used, and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his findings and
recommendations to the Council.
3. If the City finds that the public health, safety, morals and general welfare will not be
impaired and will not be affected adversely, it may grant a temporary habitation,
provided that the person so applying shall enter into a written agreement with the City as
to when such occupation is to cease. No permit for temporary habitation shall be
granted for a period longer than one year, and the City may revoke such permit upon 90
days written notice if and when it finds:
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City of Corcoran August 25, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016-334
a. That the public health, safety, morals or general welfare are being impaired by such
habitation.
b. That the continued existence of such habitation conflicts with the City's Comprehensive
Plan.
c. The temporary habitation structure has been abandoned or put to any use other than
that stated in the application as the reason for the need of such habitation.
d. That the value of public or private property is being affected adversely thereby.
4. Extensions of such permits may be obtained only by reapplying to the City for an Interim
Use Permit amendment.
5. The sanitary sewer and water supply serving temporary habitation shall comply with all
applicable rules, regulations and standards of the State Board of Health and of the
County of Hennepin.
6. Any material used to insulate around the exterior of or underneath such temporary
habitation shall be noncombustible and nontoxic.
C. The City Council may also grant an Interim Use Permit with stipulated time limitations for
any other temporary structures without a determination of hardship provided these
temporary structures are not used for habitation. The following conditions shall apply in
such situations:
1 Any person desiring a temporary structure shall make application to the City Council for
an Interim Use Permit. The request shall state the location, type of structure, length of
time the structure will be used, and the reason for the need of such structure.
2. The Building Official shall review each proposal and report his findings and
recommendations to the Council.
3. If the City finds that the public health, safety, morals and general welfare will not be
impaired and will not be affected adversely, it may grant an Interim Use Permit, provided
that the person so applying shall enter into a written agreement with the City as to when
such use is to cease.
4. No permit for temporary structures (except as provided for in Subsections A and B
above) shall be granted for a period longer than one year, and the City may revoke such
permit upon 90 days written notice if and when it finds:
a. That the public health, safety, morals or general welfare are being impaired by such
temporary structure.
b. That the continued existence of such use conflicts with the City's Comprehensive Plan.
c. The temporary structure has been abandoned or put to any use other than that stated in
the application as the reason for the need of such use.
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City of Corcoran August 25, 2016
County of Hennepin
State of Minnesota
ORDINANCE NO. 2016 -334
d. That the value of public or private property is being affected adversely thereby
e. The provisions of this Section, in no way limit the City's ability to immediately order the
removal of any temporary structure determined to be a significant threat to public health
and safety.
SECTION 2. Effective Date. This ordinance shall be in full force and effect upon its passage.
VOTING AYE
F-1 Guenthner, Ken
® Hank, Pat
® Keefe, Mike
® LaFave, Tonya
® Thomas, Ron
VOTING NAY
[—] Guenthner, Ken
El Hank, Pat
El Keefe, Mike
❑ LaFave, Tonya
❑ Thomas, Ron
Whereupon, said Ordinance is hereby declared adopted on this 25th day of August 2016.
Ron Thomas — Acting Mayor
ATTEST:
Je /icc Beise —City Clerk/Administrative Services Coordinator
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City Seal