Ordinance No. 1416, Amending the Fridley City Code Chapter 205, Zoning, to Allow Interim Uses
Ordinance No. 1416
Amending the Fridley City Code Chapter 205, Zoning, to Allow Interim Uses
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That the Fridley City Code Chapter 205, Zoning, be hereby amended as follows:
205.05 Administration and Enforcement
6. Interim Use Permit
A. Definition and Purpose.
(1) An interim use is a temporary use of property until a particular date, until the occurrence
of a particular event, or until zoning regulations no longer permit it.
(2) The purposes for allowing interim uses are:
(a) To allow a use for 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 or will be
replaced in the future by a permitted or special conditional use allowed within the
respective district;
(c) To allow a use that is seasonal in nature; or
(d) To allow a use for a limited period of time that reasonably uses the property where it
is not reasonable to use it in the manner otherwise provided in the zoning ordinance or
comprehensive plan.
B. Application. An application for an interim use permit must comply with the provisions for a
conditional Special Use Permit in the section of this chapter titled Special Use Permit.
C. Procedure. An interim use application will be processed in accordance with the procedure for
conditional Special Use Permits established in this chapter.
D. General Standards. No interim use permit may be granted unless the City Council determines
that the use will comply with the following:
(1) The use will not delay anticipated development or redevelopment of the site;
(2) The use will not adversely impact implementation of the Comprehensive Plan;
(3) The use will not be in conflict with provisions of the city code on an ongoing basis;
(4) The use will not adversely affect the adjacent property, the surrounding neighborhood, or
other uses on the property where the use will be located;
(5) The date or event that will terminate the use can be identified with certainty;
(6) The use will not impose additional unreasonable costs on the public;
(7) The applicant has signed a consent agreement stating that the applicant, owner, operator,
tenant and/or user has no entitlement to future re-approval of the interim use permit and
that the interim use permit will not impose additional costs on the public if it is necessary for
the public to fully or partially take the property in the future; and
(8) The applicant agrees in writing to any conditions that the City Council deems appropriate
for the use including the requirement for a financial security to ensure removal of all evidence
of the use upon termination.
E. Uses Permitted with an Interim Use Permit may include but are not limited to:
(1) Interim use of an identified Redevelopment Site unlikely to redevelop within the interim
use permit period;
(2) Temporary structures in use until a permanent facility can be constructed;
(3) Off-site parking;
(4) Seasonal uses not otherwise provided for in this Chapter;
(5) Any other uses determined by the City Council to be the same or similar type uses.
F. Effect of Permit.
(1) An interim use permit is effective only for the location specified in the permit.
(2) An interim use permit, including any conditions, shall run with the land and shall not be
affected by a change in ownership of the property unless it is stated in the interim use permit
that a change in ownership of the property will terminate the interim use permit.
(3) The issuance of an interim use permit does not confer on the property any vested right.
(4) The granting of an interim use permit by the City does not constitute, imply, or guarantee
the granting of any other required approvals (e.g., a building permit).
G. Termination.
(1) An interim use permit expires and the interim use must terminate at the earlier of:
(a) The expiration date of the interim use permit;
(b) The occurrence of any event identified in the interim use permit for the termination of
the use;
(c) Revocation of the interim use permit; or
(d) An amendment to city code that no longer allows the interim use.
(2) An interim use permit expires if the interim use ceases operation for a continuous period
of at least one year.
H. Revocation or Modification. The City Council may review an interim use permit periodically
and may revoke a permit upon violation of any condition of the permit, any law of the United
States or the State of Minnesota, or any city ordinance. If it is discovered after approval of the
interim use permit that the city’s decision was based at least in part on false, misleading, or
fraudulent information, the City Council may revoke the permit, modify the conditions, or impose
additional conditions to ensure compliance with this section. The procedure for revocation will
be the same as that for Special Use Permits specified in this section. All costs incurred by the City
during the revocation process may be assessed to the property.
I. Amendments. All requested amendments to the conditions of an existing interim use permit
shall be processed in the same manner as a new application.
J. Renewals. The property owner may initiate renewal of an Interim Use Permit set to expire.
Application requirements for renewal of an existing interim use permit shall be the same as for a
new application.
(1) Terminated interim use permits cannot be renewed.
(2) Upon receiving a complete application for an interim use permit renewal, the City shall
send notice of the requested renewal to all property owners within 350 feet of the parcel(s)
containing the interim use. If any objections are raised within 10 days of the mailed notice,
the application shall be processed in the manner of a new application. If no objections are
raised, the City shall prepare a resolution to approve outlining the conditions and stipulations
of renewal for consideration by the City Council. The City Council at its discretion may approve
or deny the request with findings. Denial of a renewal request does not constitute termination
of the existing interim use permit.
6. 7. Variances
A. Planning Commission.
The City Council has established the Planning Commission to serve as the Board of Appeals
and Adjustment, and to exercise all the authority and perform all functions of said Board
pursuant to Minnesota Statute Sections 462.351 to 462.36 4 and operate according to the
Fridley City Code.
B. Petition By Owner.
A variance may be granted when it is in harmony with the general purposes and intent of this
Chapter and when the variance is consistent with the Comprehensive Plan. A property owner
may request a variance when the owner establishes that there are practical difficulties in
complying with this Chapter. An application must be filed with the City and must state the
exceptional conditions and the peculiar and practical difficulties claimed as a basis for a
variance. A practical difficulty means:
(1) The property owner proposes performance standards for the property in a reasonable
manner, but not permitted by the Zoning Code.
(2) The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
(3) The variance, if granted, will not alter the essential character of the locality.
C. Hearing.
Within thirty (30) days after filing a completed application, the Planning Commission shall
hold a hearing thereon and shall hear such persons that want to be heard. Notice of such
hearing shall be mailed out at least ten (10) days before the date of the hearing to each owner
of affected property situated wholly or partially within 350 feet of the requested variance
location.
D. Recommendations By Planning Commission.
The Planning Commission must act and report its recommendations within a reasonable time
so that the City Council can act on the application within sixty (60) days of receipt of
completed application. The Planning Commission may impose conditions in the granting of
a variance that the Commission considers necessary to protect adjacent properties.
E. Variances In R-1 Zoning.
(1) In areas zoned R-1 (One Family Dwelling District) and S-1 (Hyde Park Neighborhood
District), the Planning Commission has the authority to grant final approval of variances
when all of the following conditions are met:
(a) There is unanimous agreement of the Planning Commission.
(b) The staff concurs with the recommendations of the Planning Commission.
(c) The general public attending the meeting or responding to the notice of public
hearing have no objection.
(d) The petitioner is in agreement with the recommendation.
(2) When the above conditions are not met, the variance request must be reviewed by the
City Council.
F. Record Of Action Taken.
The Planning Commission shall provide for a written record or video recording of its
proceedings which shall include the minutes of its meeting, its findings and the
recommendation, approval, or denial of each matter heard by it. The finding of fact shall
contain the following:
(1) The public policy which is served by requirement; and
(2) The unique circumstance of the property that cause practical difficulties in the strict
application of the requirement; and
(3) Any stipulations of the variance approval.
G. Action By The City Council.
The City Council must act on the recommendation of the Planning Commission and decide
on the action to be taken within sixty (60) days of the notice of variance.
H. Lapse Of Variance By Non-use.
If work as permitted by a variance is not commenced within one year and completed within
two years after granting-of a variance, then the variance shall become null and void unless a
petition for extension of time in which to complete the work has been granted by the City
Council. Such extension shall be requested in writing and filed with the City at least twenty
(20) days before the expiration of the original variance. The request for extension shall state
facts showing a good faith attempt to complete the work permitted in the variance. Such
petition shall be presented to the City Council for review and/or decision.
7. 8. Appeals
A. Planning Commission.
The City Council established the Planning Commission to serve as the Board of Appeals
and Adjustment and to exercise all the authority and perform all functions of said Board
pursuant to Minnesota Statute Sections 462.351 to 462.364 and operate according to the
Fridley City Code.
B. Petition by Owner.
Any person aggrieved by an alleged error in any order, requirement, decision, or
determination made by a code enforcement officer or any other duly authorized agent in
the enforcement of this Chapter, may request a hearing before the Planning Commission.
The appeal must be made in writing to the Community Development Director according
to the terms and procedures established in Chapter 128 of City Code, and must clearly
describe the code section under appeal, the facts of the matter, and the mailing address
of the owner.
C. Hearing.
The Community Development Director shall notify the Planning Commission and the
property owner of the hearing’s date, time, and place. Within sixty (60) days after filing an
appeal from the administrative order, the Planning Commission shall hold a public
hearing thereon, unless a date is agreed upon by the property owner and the City. Both
the property owner and representatives of the City may appear at the hearing with Council
and may call witnesses and present relevant and competent evidence.
D. Recommendations by Planning Commission.
Within ten (10) days after such hearing, the Planning Commission shall reverse or affirm
wholly or partly, or may modify the order, requirement, decision or determination of the
code enforcement officer or other duly authorized agent.
E. Record of Action Taken.
The Planning Commission shall provide for a written record or video recording of its
proceedings which shall include the minutes of its meeting, its findings and the
recommendation, approval, or denial of each matter heard by it.
F. Appeal to Council.
Any person aggrieved by the decision of the Planning Commission may appeal that
decision to the City Council by filing notice of such appeal with the Community
Development Director within twenty (20) days of receiving notice of the Planning
Commission’s decision. The appeal must be in writing and must include a statement of
the alleged errors or omissions of the Planning Commission. The City Council shall review
the record and recommendation created by the Planning Commission within twenty (20)
days following an appeal request and shall reverse or affirm wholly or partly, or modify
the order, requirement, decision, or determination of the Planning Commission. If the
Council fails to make a timely decision, the appeal shall be deemed to have been
approved.
8. 9. Vacations
A. Process.
A party desiring to vacate any public right-of-way or easement, may file a written vacation
request with the City together with the fee established in Chapter 11 of the City Code and
the documentation required by the City on the application.
B. Public Water.
If a public right-of-way included in a vacation application adjoins a body of public water, a
written notice must be sent to the Commissioner of the Minnesota Department of Natural
Resources at least sixty (60) days before the hearing on the matter. In such cases, the City
may provide for an extension of no more than sixty (60) days of the period for consideration
of the application by notifying the applicant in writing. Failure of a property owner to receive
notice shall not invalidate any such proceedings as set forth within this Chapter.
C. Council Hearing and Action.
(1) Hearing. The City Council shall conduct a public hearing following notice described in
this Section on the vacation request. The City Council shall follow such procedures as
established by the City Charter for approval of vacation requests.
(2) Notice. The public hearing shall follow a minimum two (2) week’s published and
posted notice and a minimum ten (10) day written notice to any adjoining property
owner and on public right of way vacations.
(3) Reservation of Interest. The City Council may specify the extent to which such vacation
affects existing easements therein and the extent to which the vacation affects the
authority of any person, corporation or city owning or controlling electric or telephone
poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or
thereunder, to continue to maintain the same or to enter upon such public right of
way or portion thereof vacated to maintain, repair, replace, remove, or otherwise
attend thereto.
9. 10. Building Permits
A. No construction shall commence until a building permit has been issued indicating that the
existing or proposed structure and the use of the land, comply with this Chapter and all
building codes.
(1) All applications for building permits which will affect the outside dimensions of a
structure, shall be accompanied by three (3) copies of a site plan.
(2) If the site consists of land not a part of a subdivision or land composed of partial lots, the
site plan shall be attached to a survey or a registered land survey showing the actual
dimensions of the lot, lots or parcel to be built upon. The site plan shall also show
dimensions of existing and or proposed structures to be erected or structurally altered,
their location on the site in relation to the outside boundary, the required off-street
parking plan, proposed and existing grades, which indicate drainage considerations, and
such other information as may be necessary to provide for the enforcement of these
regulations.
(3) Site plans submitted for all uses except one and two family dwellings shall contain lighting
and landscape plans, and all site improvements are to be bonded at the rate of 3% of the
total project cost up to a maximum amount of $60,000, guaranteed by letter of credit or
bond to the City.
(4) The Council may waive the bond requirement, but a performance agreement would then
be required from the land owner, requiring the work to be done within a reasonable time,
to be fixed in the agreement, and if such improvements are not completed within the
time specified, the City may construct or complete such improvements and assess the
cost against the owner.
B. No building permit will be issued unless sufficient construction plans or written description
of construction, grading, excavating and filling as required by the City to assure reasonable
structural safety and adequacy of building and finished grades for the proposed use have
been submitted and approved.
C. Once construction of the foundation has been completed, an as-built certificate of survey
showing the location of the foundation shall be required, before the framing of the structure
is begun.
D. All institutional, multiple dwelling, commercial and industrial developments must obtain a
parking lot (land alteration) permit before paving may begin on any parking lot built or added
onto, that is not a part of a building permit. A plan for the parking lot shall be submitted to
the City for approval. This plan shall show the proposed site, structures, access drives,
off-street loading spaces, screening, lighting, stacking spaces, curbing, drainage, striping,
landscaping, parking spaces, existing structures within 100 feet of the site and paving
specifications. If the proposed plan meets all City and State requirements, a land alteration
permit shall be issued.
E. Every permit issued by the City under the provisions of this Code shall expire by limitation
and become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit, or if the building or work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Before such work can be recommenced, a new permit
shall be first obtained, and the fee therefor shall be one-half (1/2) the amount required for a
new permit for such work, provided no changes have been made or will be made in the
original plans and specifications for such; work; and provided further that such suspension or
abandonment has not exceeded one (1) year.
F. Any permittee holding an unexpired permit may apply for an extension of the time within
which he or she may commence work under that permit when he or she is unable to
commence work within the time required by this Section for good and satisfactory reasons.
The building official may extend the time for action by the permittee for a period not
exceeding 180 days upon written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken. No permit shall
be extended more than once. In order to renew action on a permit after expiration, the
permittee shall pay a new full permit fee.
10. 11. Certificate of Occupancy
A. A certificate of occupancy shall be obtained for all new construction stating that all provisions
of this Chapter and the Chapter of the Fridley City Code entitled “Building and Related Permit
Fees” are in compliance.
B. A certificate of compliance shall be issued to all existing legal nonconforming and conforming
uses which do not have a certificate of occupancy after all public health, safety, convenience
and general welfare conditions of the City Code are in compliance.
C. No permit or license required by the City of Fridley or other governmental agency shall be
issued by any department official or employee of the City of such governmental agency,
unless the application for such permit or license is accompanied by proof of the issuance of
a certificate of occupancy or certificate of compliance.
11. 12. Enforcement
Violation A Misdemeanor; Penalty.
The owner of a building or premises in or upon which a violation of any provisions of this Chapter
has been committed, or shall exist; or the lessee of the entire building or entire premises in or upon
which a violation has been committed or shall exist; or the owner or lessee of any part of the building,
or premises in or upon which such violation has been committed or shall exist, shall be guilty of a
misdemeanor, and subject to all penalties provided for such violations under the provision of Chapter
901 of this Code each and every day that such violation continues. Any such person who, having
been served with an order to remove any such violation, shall fail to comply with said order to remove
any such violation, within ten (10) days after such service, or shall continue to violate any provisions
of the regulations made under authority of this Chapter in the respect named in such order shall be
guilty of a misdemeanor and subject to all penalties provided for such violations under the provisions
of Chapter 901 of this Code. Each day that such violation continues shall be a separate violation.
Section 2
That the Fridley City Code be hereby amended by updating Chapter 209, Fees as follows:
Fridley City Code
Chapter 209 Fees
209.12.7 Planning And Zoning Fees
Code Subject Fee
M.S. § 462.355 Comprehensive Plan Amendment $1,500
217 Condominium (annual registration)
2-4 units $20
5-12 units $30
13-24 units $40
Over 24 units $50
217.04 Condominium conversion registration (one-time fee)
2 units $500
3-7 units $750
8-12 units $1,000
Over 12 units $1,000 + $50 per
unit for every unit
over 12
208 Conservation Plan Review (as part of building permit for $450
new construction
205 Farmers Market Event Permit $100
205 Interim Use Permit
$1,000
R-1
$1,500
All others
211 Lot Splits $1,250
205.24 Master Plan, Application or Amendment $1,500
203 Manufactured Home Parks $30 + $1 per trailer
site (one-time fee)
214 Signs and/or Billboards
Permanent wall sign $100
Permanent free-standing/monument $200
Permanent re-face/face-change $50
Temporary sign $100 plus ($200
deposit refunded if
conditions met)
205.30 Telecommunications Permit to add Equipment to an $400/user/tower
Approved Site
Small Cell Telecommunications Towers and Facilities $500
District $1,500
205.30.24 Distributed Antenna System (DAS) $2,000
Application Fee
205.30.24 DAS Application Review Fee
205.30.9(9) DAS Abandonment Escrow
205.30 Temporary Outdoor Display Permit $75
205.33 Transit Oriented District (TOD) Project Plan Application $1,500
205.33 TOD Tree Substitution Fee to TOD Capital Project Fund $500 per tree
211 Plat
Up to 200 lots $1,500
Each additional lot $15
205 Rezoning $1,500
205 Special Use Permit
R-1 $1,000
All others $1,500
205 Vacations, Right of Way or Easement $1,500
205 Variance
R-1 $500
All others $1,400
205 Wetlands
Certifying Exemptions $1,500
Replacement Plan Application $1,500
$1,500
No Loss Determination
$1,500
Appeal of Decision
Passed and adopted by the City Council of the City of Fridley on this 25th day of September,
2023.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
Public Hearing: September 11, 2023
First Reading: September 11, 2023
Second Reading: September 25, 2023
Publication: September 28, 2023