Planning commission approves new resort and campground definitions, leaves length-of-stay to CUPs

The Ely City Planning and Zoning Commission on Feb. 19 accepted proposed ordinance language that defines recreational/public camping and resort uses in the city’s zoning code and voted to leave time limits for stays to conditional-use permits rather than encoding a fixed short-term period in the definition.

Planning and Zoning Administrator Kochendorfer presented draft language and examples from other jurisdictions for a working, concise definition of “Recreational/Public Camping area/RV Park.” The packet cites Minnesota Statutes, chapter 327.14, and language in the draft specifies that such areas are "Open-air recreation area where temporary, or moveable shelters, such as but not limited to; tents, and recreational vehicles and as defined per Minnesota Statutes, chapter 327.14; and are intended or used to provide short-term occupancy. No residency shall be assumed by anyone thereon except for the owner, its agents or employees and no mobile homes as defined by Minnesota Statutes, chapter 327.31; may be placed on the property except that of the owner, its agents or employees; and then shall it only be permitted by Conditional Use if approved by the Board of Adjustments."

Commission discussion focused on whether the ordinance should set a specific maximum number of days that constitutes "short-term." Commissioner Prioreschi asked about the definition of "short-term." Kochendorfer said placing a fixed length in the ordinance could make the rule inflexible and that specifics could be handled within the conditional-use permit (CUP) process. Councilor Roose said he agreed with leaving the length of stay out of the zoning definition and associating it with CUP conditions. Commissioner Anderson said he was reluctant to define time limits that could affect private property owners and noted seasonal considerations. The minutes record that Commissioners Anderson and Prioreschi moved and seconded acceptance of the campground language and that the motion carried without objection.

Roose read aloud the proposed resort definition included in the packet as Subd. 47: "Resort is a planned commercial development where the primary purpose is to provide lodging and/or recreational opportunities... No residency shall be assumed by anyone thereon except for the owner, its agents or employees and no mobile homes as defined by Minnesota Statutes, chapter 327.31; may be placed on the property except that of the owner, its agents or employees; and then shall it only be permitted by Conditional Use if approved by the Board of Adjustments." The commission then voted to accept the resort language; the motion carried without objection.

The acceptance of the definitions clarifies which uses will require CUP review in the relevant zoning districts (Ordinance 376, 2nd Series, Section 11.40). The packet referenced Minnesota Statutes and sample municipal language but left implementation details, including any site-specific time limits or operational conditions, to the CUP process.

The commission also listed an update to the Ely City Comprehensive Plan (2016) on the agenda for further work; no additional details were recorded in the provided minutes.

Actions: Commissioners moved and approved the proposed campground and resort definitions (motions recorded as carried without objection).