Ordinance 511CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.511
AN ORDINANCE AMENDING CHAPTER 20
ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-312 is hereby amended and renumbered as follows:
Sec. 20-964. — Temporary outdoor events, seasonal and sidewalk sales activities.
(1) Purpose. Temporary outdoor events, seasonal and sidewalk sales activities in a business,
office, commercial, institutional or industrial districts are subject to issuance of an administrative
permit and the requirements of this section. It is the intent of this section to provide for
temporary outdoor events, seasonal and sidewalk sales activities which are distinguished from
permanent outside business activities that are allowed only by conditional use permit or interim
use permit approved by the city council. It is the intent of this section to promote the health,
safety, general welfare, aesthetics, and image of the community by regulating temporary outdoor
events, seasonal and sidewalk sales activities in the following manner:
a. Establish standards which permit businesses an opportunity to conduct temporary outdoor
sales;
Ensure that temporary outdoor events, seasonal and sidewalk sales activities do
not create safety hazards by occupying required parking spaces, emergency
access, or impede the efficient movement of pedestrian and vehicular traffic;
b. Provide standards, guidelines, and procedures for an administrative review of temporary
outdoor events, seasonal and sidewalk sales permits;
C. Provide a means of allowing citywide retail promotions;
d. Allow certain uses which are seasonal in nature, while providing standards that will
assure compatibility with the underlying zoning district and adjacent property;
e. Provide the public with direct access to homegrown produce;
f. Allow temporary events, seasonal and sidewalk sales activities which require an outdoor
location; and
g. Limit temporary outdoor sales to activities which are short-term or seasonal and which do
not require permanent improvements to the site.
h. Allow temporary outdoor events such as concerts, car shows, customer appreciation,
business employee appreciation, etc.
(2) Findings. The city finds it necessary for the promotion and preservation of the public
health, safety, welfare and aesthetics of the community that the location, size, and appearance of
temporary outdoor events, seasonal and sidewalk sales activities be controlled. Further, the city
finds that:
a. Outdoor sales and displays have a direct impact on and a relationship to the image of the
community;
b. An opportunity for merchants to sell produce and seasonal merchandise are an integral
component of economic development;
C. Temporary outdoor events, seasonal or sidewalk sales activities may present an obstacle
to effective firefighting and other emergency services by blocking necessary exits, fire
lanes, or turnaround areas;
d. Uncontrolled and unlimited outdoor sales and displays adversely impact the image and
aesthetics of the community and, thereby, undermine economic value and growth; and
e. Uncontrolled temporary outdoor events, seasonal and sidewalk sales activities may
conflict with existing and neighboring uses.
(3) Application for permit. No person shall engage in any temporary outdoor event, seasonal
or sidewalk sales activity without a permit issued pursuant to this section. The application of a
permit shall be made as follows:
a. Application for an administrative permit for a temporary outdoor event, seasonal, or
sidewalk sales activity shall be made by the property owner to the community
development director on forms to be provided by the city at least ten business days prior
to the date of the requested activity.
b. A written description of the proposed use including requested length of permit and hours
of operation shall be included on the application.
Disputes as to administrative application of the requirements of this section shall be
referred to the planning commission and to the city council for review.
d. The application shall be accompanied by a nonrefundable fee which shall be imposed in
accordance with the fee schedule established by the city council. The intent of this
section is to recover costs associated with administering this ordinance. Permit fees shall
reflect the costs of reviewing and processing permits, as well as costs associated with
periodic enforcement activities and compliance checks.
2
(4) Required information and plans. The applicant shall provide the following information
and plans:
a. A concise statement describing the proposed activity, including the purpose, type of
merchandise involved, dates and times of operation, number of employees involved,
provisions for on -site security, provisions for on -site parking, name of person or
organization requesting permit, and other pertinent information required by the planning
director to fully evaluate the application;
b. The community development director may require a copy of an approved site plan, drawn
to scale, for the property or an "as -built" survey, which accurately represents existing
conditions on the site, including entrances and exits, and bona fide parking and driving
areas, and which accurately indicates any proposed temporary structures, including tents,
stands, and signs;
C. An accurate floor plan of any building on the property, when, in the judgment of the
community development director, such a plan is necessary to properly evaluate the
location of the activity and the effectiveness of building entrances and exits.
(5) Procedure. The application will be processed as follows:
a. The community development director shall review applications for administrative permits
and shall determine if the proposal is in compliance with all applicable codes, ordinances,
and the specific standards for temporary outdoor events, seasonal or sidewalk sales
activities as set forth in this section. The application shall also be reviewed by the public
safety department and/or other appropriate review agencies.
b. A written permit shall be issued to the applicant. Specific conditions to assure compliance
with applicable codes, ordinances, and the standards in this section shall be attached to
the permit.
Determination of noncompliance with applicable codes, ordinances, and the standards in
this subsection shall be communicated to the applicant and the application for the permit
shall be considered denied; unless, within ten days of the date of such notice, the
applicant submits revised plans and/or information with which the planning director is
able to determine compliance.
(6) Criteria for approval. Criteria for permit approval includes the following:
a. The temporary outdoor event, seasonal or sidewalk sales activity shall be clearly
accessory to or promotive of the permitted or conditional use approved for the site. Only
merchandise which is normally sold or stocked by the occupant(s) on the subject
premises shall be sold and/or promoted, provided that seasonal merchandise and produce
may be allowed. (retail only where retail is permitted)
b. Tents, stands, and other similar temporary structures and temporary vehicles and mobile
equipment may be utilized, provided they are clearly identified on the submitted plan and
provided that it is determined by the community development director that they will not
impair the parking capacity, emergency access, or the safe and efficient movement of
pedestrian and vehicular traffic on or off the site.
C. The submitted plan shall clearly demonstrate that adequate off-street parking for the
proposed activity can and will be provided for the duration of the activity. Determination
of compliance with this requirement shall be made by the planning director, who shall
consider the nature of the activity and the applicable parking requirements of the City
Code. Consideration shall be given to the parking needs and requirements of other
occupants in the case of multitenant buildings.
d. Property owners and tenants' signature(s) are required to locate a temporary outdoor
event, seasonal or sidewalk sales activity on private property and/or in front of another
tenant's space.
e. The temporary outdoor event, seasonal or sidewalk sales activity must be consistent with
other uses permitted in the zoning district. No use that is prohibited in a zoning district
shall be allowed as a temporary outdoor sale or activity.
(7) Limitations; general conditions.
a. Permitted temporary outdoor sales activities are limited to the following:
i. Christmas tree sales.
ii. Seasonal produce stands.
iii. Temporary food and beverage sales.
iv. Sidewalk sales.
b. The following shall apply to all proposed temporary outdoor event, seasonal or sidewalk
sales activities allowed by this section in addition to other applicable building and safety
code requirements as determined by the planning director.
i. Christmas tree sales and produce stands shall be for the period specified in the
administrative permit and, in no case, shall exceed 120 days per calendar year per
property or center. There shall be no more than three sales activities per year per
property or center.
ii. Temporary outdoor events and food and beverage sales prepared on -site and
sidewalk sales shall be permitted for the period specified in the administrative
permit and, in no case, shall exceed 15 days per calendar year per property or
center with a maximum of a three-day display period.
iii. Christmas tree sales shall expire December 26.
iv. The site shall be cleared and all remaining debris removed from the sales site on
the last remaining day of the permit.
M
V. Acceptable space for off-street parking and traffic circulation generated by the use
must be provided. Curb and gutter with drive approaches is desired to provide
safe turn movements.
vi. Lighting shall be compatible with surrounding adjacent uses.
vii. Hours of operation shall be compatible with adjacent uses.
viii. Signage should be limited to window signs, and one outdoor sign no greater than
24 square feet. Special signage for purposes of traffic direction and control may
be authorized by the planning director.
ix. Front yard, side yard, and rear yard setbacks shall be a minimum of ten feet.
X. All other pertinent city and state permits must be obtained.
xi. The approved permit shall be kept on the premises for the duration of the activity.
xii. No outside speaker systems shall be allowed without approval from the city.
C. The following shall apply to all proposed temporary outdoor display activities allowed by
this section in addition to other applicable building and safety code requirements as
determined by the planning director:
Display may not interfere with pedestrian access.
ii. Display may not occupy required parking spaces.
iii. Display must be located adjacent to primary structure.
iv. Display may not have separate lighting from primary structure.
V. Erection of display is permitted during business hours only.
(8) Administration and enforcement.
a. The community development director may, upon written notice, suspend or revoke the
temporary outdoor event, seasonal, or sidewalk sales permit of any person who violates
any of the provisions of this section or any of the conditions of the permit.
b. If, at any time, a permit under the provisions of this section is suspended or revoked, it
shall thereafter be unlawful for that person or organization to operate, open, maintain,
manage or conduct any temporary outdoor event, seasonal, or sidewalk sales.
C. Violation of an issued permit or the provisions of this section may be grounds for denial
of future permit applications during a calendar year.
5
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 11`h day of October, 2010, by the City Council of the
City of Chanhassen, Minnesota.
'14dd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on October 21, 2010)
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 511
AN ORDINANCE AMENDING
CHAPTER 20
ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE
CITY OF CHANHASSEN,
MINNESOTA ORDAINS:
Section 1. Section 20-312 is
hereby amended and renumbered
as follows:
Sec. 2eve- Temporary Affidavit of Publication
outdoor eventsnts,, seasonal and
sidewalk sales activities.
(1) Purpose. Temporary Southwest Newspapers
outdoor premetional ftnd events,
seasonal and sidewalk sales
activities in a business, office,
commercial, institutional or State of Minnesota)
industrial districts are subject to
issuance of an administrative )SS.
permit and the requirements of this
section. It is the intent ofthis section County of Carver )
to provide for temporary outdoor
events, seasonal and sidewalk sales
activities which are distinguished
from permanent outside business activities that are allowed only by Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
conditional use permit or interim agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
use permit approved by the city lager and has full knowledge of the facts herein stated as follows:
council. It is the intent ofthis section
to promote the health, safety, (A) These newspapers have complied with the requirements constituting qualification as a legal
general welfare, aesthetics, and newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
image of the community by amended.
regulating temporary outdoor
events, seasonal and sidewalk sales activities in the following manner: () The printed
B id public notice that is attached to this Affidavit and identified as No.
a. Establish standards was published on the date or dates and in the newspaper stated in the attached Notice and said
which permit businesses an Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
opportunity to conduct temporary the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
outdoor sales; inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
i. Ensure that temporary and publication of the Notice:
outdoor events, seasonal and
sidewalk sales activities do not abcdefghijklmnopgrstuvwxyz
create safety hazards by occupying
required parking spaces, ` \
emergency access, or impede the
efficient movement of pedestrian
and vehicular traffic; By.
b. Provide standards, Laurie A. Hartmann
guidelines, and procedures for an
administrative review of temporary
outdoor events, seasonal and Subscribed and sworn before me on
sidewalk sales permits;
C. Provide a means of
allowing citywide retail
promotions;
d. Allow certain uses which this day of ( <'°'' `- , 2010
are seasonal in nature, while
providing standards that will assure =Expires01/31/2013
compatibility with the underlying Jzoning district and adjacent NOTARYproperty; My Comm
e. Provide the public with Not r 'Jul
direct access to homegrown �
produce;
f. Allow temporary events,
seasonal and sidewalk sales events
activities which require an outdoor
location; and
g. Limittemporarywhich are shoor
rt-
RATE INFORMATION
sales to activities which are short-
term or seasonal, and which do not Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
require permanent improvements
to the site. Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
h. Allow temporary outdoor Rate actually charged for the above matter ............................................... $12.59 per column inch
events such as concerts, car shows,
customer appreciation, business
employee appreciation, etc.
(2) Findings. The city finds
it necessary for the promotion and
preservation of the public health,
safety, welfare and aesthetics of the
community that the location, size,
and appearance of temporary
outdoor events, seasonal and
sidewalk sales events activities be
controlled. Further, the city finds
that:
a. Outdoor sales and
displays have a direct impact on
and a relationship to the image of
the community;
b. An opportunity for
merchants to sell produce and
seasonal merchandise are an
integral component of economic
development;
C. Temporary outdoor
events, seasonal or sidewalk sales
events -activities may present an
obstacle to effective firefighting and
other emergency services by
blocking necessary exits, fire lanes,
or turnaround areas;
d. Uncontrolled and
unlimited outdoor sales and
displays adversely impact the image
and aesthetics of the community
and, thereby, undermine economic
value and growth; and
e. Uncontrolled temporary
outdoor events, seasonal and
sidewalk sales events activities may
conflict with existing and
neighboring uses.
(3) Applicationforpermit.No
person shall engage in any
temporary outdoor event, seasonal
or sidewalk sales activity without a
permit issued pursuant to this
section. The application of a permit
shall be made as follows:
a. Application for an
administrative permit for a
temporary outdoor event, seasonal,
or sidewalk prametiems or sales
activity shall be made by the
property owner to the community
development director on forms to
be provided by the city at least ten
business days prior to the date of
the requested event activity.
b. A written description of
the proposed use including
requested length of permit and
hours of operation shall be included
on the application.
c. Disputes as to
administrative application of the
requirements of this section shall
be referred to the planning
commission and to the city council
for review.
d. The application shall be
accompanied by a nonrefundable
fee which shall be imposed in
accordance with the fee schedule
established by the city council. The
intent of this section is to recover
costs associated with administering
this ordinance. Permit fees shall
reflect the costs of reviewing and
processing permits, as well as costs
associated with periodic
enforcement activities and
compliance checks.
(4) Required informationand
plans. The applicant shall provide
the following information and plans:
a. A concise statement
describing the proposed event
activity, includingthe purpose, type
of merchandise involved, dates and
times of operation, number of
employees involved, provisions for
on -site security, provisions for on -
site parking, name of person or
organizationrequestingpermit, and
other pertinent information
required by the planning director
to fully evaluate the application;
b. The community
development director may require
a copy of an approved site plan,
drawn to scale, for the property or
an "as -built" survey, which
accurately represents existing
conditions on the site, including
entrances and exists exits, and bona
fide parking and driving areas, and
which accurately indicates any
proposed temporary structures,
including tents, stands, and signs;
C. An accurate floor plan of
any building on the property, whe ,
in the judgment of the community
development director, such a plan
is necessary to properly evaluate
the location of the event activity
and the effectiveness of building
entrances and exits.
(5) Procedure. The
application will be processed as
follows:
a. The community
development director shall review
applications for administrative
permits and shall determine if the
proposal is in compliance with all
applicable codes, ordinances, and
the specific standards for temporary
Promotionalandoutdoor events,
seasonaa or sidewalk sales activities
as set forth in this section. The
application shall also be reviewed
by the public safety department
and/or other appropriate review
agencies.
b. A written permit shall be
issued to the applicant. Specific
conditions to assure compliance
with applicable codes, ordinances,
and the standards in this section
shall be attached to the permit.
C. Determination of
noncompliance with applicable
codes, ordinances, and the
standards in this subsection shall
be communicated to the applicant
and the application for the permit
shall be considered denied; unless,
within ten days of the date of such
notice, the applicant submits
revised plans and/or information
with which the planning director is
able to determine compliance.
(6) Criteria for approval.
Criteria for permit approval
includes the following:
a. The temporary outdoor
event, seasonal or sidewalk sales
activity shall be clearly accessory
to or promotive of the permitted or
conditional use approved for the
site. Only merchandise which is
normally sold or stocked by the
occupant(s) on the subject premises
shall be sold and/or promoted,
provided that seasonal merchandise
and produce may be allowed. (retail
only where retail is permitted)
b. Tents, stands, and other
similar temporary structures and
temporary vehicles and mobile
equipment may be utilized,
provided they are clearly identified
on the submitted plan and provided
that it is determined by the
community development director
that they will not impair theparking
capacity, emergency access, or the
safe and efficient movement of
pedestrian and vehicular traffic on
or off the site.
C. The submitted plan shall
clearly demonstrate that adequate
off-street parking for the proposed
event activity can and will be
provided for the duration of the
event activity. Determination of
compliance with this requirement
shall be made by the planning
director, who shall consider the
nature of the event activity and the
applicable parking requirements of
the City Code. Consideration shall
be given to the parking needs and
requirements of other occupants in
the case of multitenant buildings.
d. Property owners and
tenants signature(s) are required to
locate a temporary outdoor event,
seasonal or sidewalk sales event
activity on private property and/or
in front of another tenant's space.
. e. The temporary outdoor
event, seasonal or sidewalk sales
even activity must be consistent
with other uses permitted in the
zoning district. No use that is
prohibited in a zoning district shall
be allowed as a temporary outdoor
sale or activity.
(7) Limitations; general
conditions.
a. Permitted temporary
outdoor sales events activities are
limited to the following:
i. Christmas tree sales.
ii. Seasonal produce stands.
iii. Temporary food and
beverage sales.
iv. Sidewalk sales.
b. The following shall apply
to all proposed temporary outdoor
event, seasonal or sidewalk sales
activities allowed by this section in
addition to other applicable building
and safety code requirements as
determined by the planning
director.
i. Christmas tree sales and
produce stands shall be for the
period specified in the
administrative permit and, in no
case, shall exceed 60-120 days per
calendar year per property or
center. There shall be no more than
three sales activities per year per
property or center.
ii. Temporary outdoor
events and food and beverage sales
prepared on -site and sidewalk sales
shall be permitted for the period
specified in the administrative
permit and, in no case, shall exceed
15 days per calendar year per
property or center with a maximum
of a three-day display period.
iii. Christmas tree sales shall
expire December 26,
iv. The site shall be cleared
and all remaining debris removed
from the sales site on the last
remaining day of the permit.
V. Acceptable space for off-
street parking and traffic
circulation generated by the use
must be provided. Curb and gutter
with drive p oaches,is desired to
provY , ��.
with d"e iiieve i►ents `'
vf.. Lighting shall be
compatible with surrounding
adjacent uses.
vii. Hours of operation shall
be compatible with adjacent uses.
viii. Signage should be limited
to window signs, and one outdoor
sign no greater than 24 square feet.
Special signage for purposes of
traffic direction and control may be
authorized by the planning director.
ix. Front yard, side yard, and
rear yard setbacks shall be a
minimum of ten feet.
X. All other pertinent city
and state permits must be obtained.
xi. The approved permit
shall be kept on the premises for the
duration of the event activity.
xii. No outside speaker
systems shall be allowed without
approval from the city eeunei .
C. The following shall apply
to all proposed temporary outdoor
display activities allowed by this
section in addition to other
applicable building and safety code
requirements as determined by the
planning director:
i. Display may not interfere
with pedestrian access.
ii. Display may not occupy
required parking spaces.
iii. Display must be located
adjacent to primary structure.
iv. Display may not have
separate lighting from primary
structure.
V.
vi. Erection of display is
permitted during business hours
only.
(8) Administration and
enforcement.
a. The community
development director may, upon
written notice, suspend or revoke
the temporary outdoor event,
seasonal, or sidewalk sales permit
of any person who violates any of
the provisions of this section or any
of the conditions of the permit.
b. If, at any time, a permit
under the:provisions of this section
is suspended or revoked, it shall
thereafter be unlawful for that
person or organization to operate,
open, maintain, manage or conduct
any temporary outdoor event,
seasonal, or sidewalk sales.
C. Violation of an issued
permit or the provisions of this
section may be grounds for denial
offuture permit applications during
a calendar year.
Section 2. This ordinance shall
be effective immediately upon its
passage and publication.
PASSED AND ADOPTED this
111h day of October, 2010, by the City
Council of the City of Chanhassen,
Minnesota.
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen
Villager on Thursday, October 21,
2010; No. 4444)