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1g. Amendment to City Code to Allow for an Adminisitrative Permit and Review of Temporary Outdoor Sales EventsOn 9/11/95 the City Council approved first reading of this amendment. Second and final reading and approval CITY OF CHANHASSEN of a summary for publication is CARVER AND HENNtPIN COUNTIES, MINNESOTA is recommended. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE RELATING TO TEMPORARY OUTDOOR SALES The City Council of the City of Chanhassen ordains: Section 1. Section 20 -1, Definitions, is amended to add the following definition: Temporary outdoor sales is defined as, "Sales activities characterized by their short-term or seasonal nature, require an outdoor location, and by the fact that permanent improvements are not made to the site." Section 2. Section 20 -290, Temporary Outdoor Sales, is amended in its entirety to read as follows: (1) Purpose and Findings (a) Purpose. Temporary outdoor promotional and sales activities 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 and sales 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 sales activities. 1. Establish standards which permit businesses an opportunity to conduct temporary outdoor sales; 2. Ensure that temporary sales do not create safety hazards by occupying required parking spaces, emergency access, or impede the efficient movement of pedestrian and vehicular traffic; 3. Provide standards, guidelines, and procedures for an administrative review of temporary sales permits; 4. Provide a means of allowing citywide retail promotions; 5. Allow certain uses which are seasonal in nature, while providing standards that will assure compatibility with the underlying zoning district and adjacent property; 6. Provide the public with direct access to homegrown produce; 7. Allow temporary sales events which require an outdoor location; and 8. Limit temporary sales to activities which are short-term or seasonal and which do not require permanent improvements to the site. (b) Findings. The City of Chanhassen 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 sales events be controlled. Further, the city finds that: 1. Outdoor sales and displays have a direct impact on and a relationship to the image of the community; 2. An opportunity for merchants to sell produce and seasonal merchandise are an integral component of economic development; 3. Temporary outdoor sales events may present an obstacle to effective fire fighting and other emergency services by blocking necessary exits, fire lanes, or turnaround areas; 4. Uncontrolled and unlimited outdoor sales and displays adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth; and 5. Uncontrolled temporary sales events may conflict with existing and neighboring uses. (2) Application for Permit No person shall engage in any temporary outdoor 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 promotional or sales activity shall be made by the property owner to the Planning Director on forms to be provided by the City at least ten (10) business days prior to the date of the requested event. (b) A written description of the proposed use including requested length of permit and hours of operation. (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 article. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. (3) (4) Required Information and Plans. The applicant shall provide the following information and plans: (a) A concise statement describing the proposed event, 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 Planning 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 judgement of the Planning Director, such a plan is necessary to properly evaluate the location of the event and the effectiveness of building entrances and exits. Procedure. The application will be processed as follows: (a) The Planning 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 promotional and 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. 3 (c) Determination of noncompliance with applicable codes, ordinances, and the standards in this paragraph 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. (5) (6) Criteria for Approval. Criteria for permit approval includes the following: (a) The event or sales 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. (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 Planning 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 event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Planning Director who shall consider the nature of the event 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 multi -tenant buildings. (d) Property owners and tenants signature(s) are required to locate a temporary sales event on private property and/or in front of another tenant's space. (e) The temporary sales event 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. General Conditions. (a) Permitted temporary sales events are limited to the following : Christmas tree sales. 4 1 1 2. Seasonal produce stands. 3. Temporary food and beverage sales. 4. Sidewalk sales. (b) The following shall apply to all proposed temporary outdoor sales activities allowed by this section in addition to other applicable building and safety code requirements as determined by the Planning Director. a. Christmas tree sales and produce stands shall be for the period specified in the Administrative Permit and, in no case, shall exceed sixty (60) days per calendar year per property or center. There shall be no more than three (3 ) sales activities per year per property or center. b. Temporary 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 fifteen (15) days per calendar year per property or center with a maximum of a three (3) day display period. C. Christmas Tree sales shall expire December 26. d. The site shall be cleared and all remaining debris removed from the sales site on the last remaining day of the permit. e. 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. f. Lighting shall be compatible with surrounding adjacent uses. g. Hours of operation shall be compatible with adjacent uses. h. Signage should be limited to window signs, and one outdoor sign no greater than twenty -four (24) square feet. Special signage for purposes of traffic direction and control may be authorized by the Planning Director. i. Front yard, side yard, and rear yard setbacks shall be a minimum of ten (10) feet. j. All other pertinent city and state permit must be obtained. 6 k. The approved permit shall be kept on the premises for the duration of the event. 1. No public address system shall be audible from any residential property. (7) Administration and Enforcement. (a) The Planning Director may, upon written notice, suspend or revoke the temporary 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 ordinance is suspended or revoked, it shall thereafter be unlawful for that person to operate, open, maintain, manage or conduct any temporary sales. (c) Violation of an issued permit or the provisions of this ordinance may be grounds for denial of future permit applications during a calendar year. Section 3. Section 20 -693, (BN District) Permitted Accessory Uses, be amended by adding: (4) Temporary outdoor sales (subject to the requirements of Section 20 -290). Section 4. Section 20 -696, (BN District) Interim Uses, is amended by deleting the following: (2) Temporary outdoor display of merchandise for sale. Section 5. Section 20 -713, (BH District) Permitted Accessory Uses, be amended by adding: (3) Temporary outdoor sales (subject to the requirements of Section 20 -290). Section 6. Section 20 -716, (BH District) Interim Uses, is amended by deleting the following: (2) Temporary outdoor display of merchandise for sale. Section 7. Section 20 -733, (CBD District) Permitted Accessory Uses, be amended by adding: Section 8. Section 20 -736, (CBD District) Interim Uses, is amended by deleting the following: (2) Temporary outdoor display of merchandise for sale. Section 9. Section 20 -753, (BG District) Permitted Accessory Uses, be amended by adding: (3) Temporary outdoor sales (subject to the requirements of Section 20 -290). Section 10. Section 20 -756, (BG District) Interim Uses, is amended by deleting the following: (2) Temporary outdoor display of merchandise for sale. Section 11. Section 20 -772, (BF District) Permitted Accessory Uses, be amended by adding: (3) Temporary outdoor sales (subject to the requirements of Section 20 -290). Section 12. Section 20 -775, (BF District). Interim Uses, is amended by deleting the following: (2) Temporary outdoor display of merchandise for sale. Section 13. Section 20 -793, (OI District) Permitted Accessory Uses, be amended by adding: (3) Temporary outdoor sales (subject to the requirements of Section 20 -290). Section 14 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1995. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor 7 ORDINANCE SUMMARY NO. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CONCERNING TEMPORARY OUTDOOR SALES The ordinance amendment allows temporary outdoor sales events as an accessory use in the BN, BH, CBD, BG, BF, and OI Zoning Districts. All temporary sales events are subject to approval of an administrative permit and the conditions stipulated in the ordinance amendments.