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Home My WebLink About2005 03-31 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MARCH 31, 2005 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Administer Oath of Office, Sean Rahn 3. Roll Call 4. Approval of Minutes - March 10, 2005 5. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. • 6. Discussion Item: a. Draft Ordinance Amending Chapter 35 Regarding Permitted Uses in the C1A Service /Office District. 7. Other Business 8. Adjournment a DRAFT • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted Uses in the CIA Service/Office District. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING PERMITTED USES IN THE CIA SERVICE /OFFICE DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -321 of the City Ordinances of the City of Brooklyn • Center is hereby amended to read: Section 35 -321. CIA Service /Office District 1. Permitted Uses (No Height Limitation) a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or establishment in the CIA district. b. Transient LodsinL and Associated Uses. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2005. Mayor ATTEST: • City Clerk i Date of Publication DRAF • Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) i � • 2 y 6 • CITY OF BROOKLYN CENTER DRAFT Notice is hereby given that a public hearing will be held on the day of , 2005, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to rental housing and to non - conforming uses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON - CONFORMING USES; AMENDING CITY CODE SECTIONS 12-901,12-902 AND 35 -111 THE CITY COUNCIL OF THE CITY OF BROOKLYN -CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 12 -901 of the Brooklyn Center City Code of Ordinances is amended as follows: • Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12- 913. An owner of a duplex dwelling that is being occupied but is not being let for lease or rent is not reauired to secure a rental dwelling license provided such owner files with the Citv a certification. in a form provided by the Citv. that no rent or anv other consideration is being paid. given or provided. directiv or indirectly. by or on behalf of the occupants to the owner. The owner shall provide such additional information in sup_ port of such certification as may be reauired by the Compliance Official. 2. License Term. Regular licenses will be issued for a period of two years. Provisional licenses will be issued for a period of six months. All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the license status. 3. License renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the city council until the Compliance • CLL- 259602v1 BR291 -4 1 + t official has determined that all life, health safety violations or discrepancies have been corrected. 4. Condition of License. Prior to issuance or renewal of a license and at all times • during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned ° by the license holder. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 - 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 2. Section 12 -902 of the Brooklyn Center City Code of Ordinances is amended as follows: Section 12 -902. LICENSE FEES. License fees, as set forth by city council resolution, shall be due 90, days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be. due upon issuance of the certificate of occupancy. i A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and anv other costs and expenses incurred by the City in connection with receivine and processing • the application. A fee, as set by city council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. Section 3. Section 35 -111 of the Brooklyn Center City Code of Ordinances is amended as follows: Section 35 -111. NONCONFORMING USES. Unless specifically provided otherwise herein, the lawful use of any land or building existing at the time of adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided: 1. No such nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance. 2. Such nonconforming use shall not be moved to any other part of the parcel of land • CLL- 259602v1 2 BR291 -4 r 6 upon which the same was conducted at the time of the adoption of this ordinance. • 3. A nonconforming use of a building existing at the time of adoption of this ordinance may be extended throughout the building provided no structural alterations except those required by ordinance, law, or other regulation are made ° therein, and provided that no such extension in the floodway overlay zone shall result in increased flood damage potential. Excepted from the structural alteration limitation are single family dwellings, located in residential districts other than RI and R2, provided any structural alterations or additions shall conform with the requirements of the RI and R2 district, and the Flood Plain regulations as applicable. I 4. If a nonconforming use occupies a building and ceases for a continuous period of two years, any subsequent use of said building shall be in conformity to the use regulation specified by this ordinance for the district in which such building is located. 5. Any nonconforming use shall not be continued following 50% destruction of the building in which it was conducted by flood, fire, wind, earthquake, or explosion, according to the estimate of the Building Inspector, approved by the City Council, unless application for a building hermit is made within 180 days of when the nronertv is damaged. If a building hermit is applied for. the Citv may impose reasonable conditions upon the building permit in order to mitigate anv newly • created impact on adi scent propertv. 6. Upon the effective date of this ordinance, where there is a nonconforming use of land on a parcel with no structure or where three is a nonconforming use of land (such as storage of equipment and supplies), on which there is a conforming structure such use shall be terminated within two years following the effective date of this ordinance. 7. Nonconforming duplex properties in RI districts shall lose nonconforming use status and must be brought into compliance with current code provisions if a two-, vear period elapses during which the owners do not apply for a rental dwelling license or file the certificate reauired by Section 12 -901. CLL- 259602v 1 3 BR291 -4 F Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2005. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underlining indicates new matter; stiking dweu& indicates deleted material.) i I I �I • CLL- 259602v 1 4 BV91 -4