A-3c. Approval Process for Portable Restrooms MEMORANDUM A -a
CITY OF TO: City Council
CIIANIIASSEN FROM: MacKenzie Walters, Assistant Planner
7700 Market Boulevard DATE: July 25, 2016
PO Box 147
Chanhassen,MN 55317
SUBJECT: Temporary Satellites (Portable Toilets)
Administration
Phone:952.227.1100 Issue:
Fax:952.227.1110 Does the City wish to modify how it handles approving requests for Temporary
Building Inspections Satellites (Portable Toilets) in conjunction with special events?
Phone:952.227.1180
Fax:952.227.1190 Background:
Sec. 20-917 of the City Code requires council approval for the use of temporary
Engineering satellites during events and places a hard limit of 48 hours upon the period of time
Phone:952.227.1160 that an event can utilize temporary satellites. All other aspects of a temporary event
Fax:952.227.1170
permit are handled administratively by the appropriate departments as specified in
Finance Sec. 20-964.
Phone:952.227.1140
Fax:952.227.1110 Currently the only roles that the Plan Commission and City Council play in the
temporary event permit approval process is serving to resolve any disputes between
Park&Recreation the Planning Director and applicant regarding interpretations of City Code Sec. 20-
Phone:952.227.1120
Fax:952.227.1110 964, which governs temporary event permits, and approving the placement of
temporary satellites.
Recreation Center
2310 Coulter Boulevard Note: The full text of all cited code is presented in attachment one.
Phone:952.227.1400
Fax:952.227.1404 Analysis:
Planning& There are currently two different sections of the City Code which govern the
Natural Resources placement of temporary satellites. Sec 20-917 prohibits portable satellites except
Phone:952.227.1130 those in construction sites, those on parkland being used in conjunction with park
Fax:952.227.1110 events, and, with council approval, those being used for less than 48 hours for a
permitted special event. Beyond the 48-hour clause there are no criteria applied to
Public Works guide decisions on whether or not approve the use of portable satellites. The lack of
7901 Park Place criteria could lead to inconstancies in decisions relating to these requests or make it
Phone:952.227.1300 difficult for the council to justify denying undesirable uses. Additionally, adding an
Fax:952.227.1310
extra layer of approval to temporary event permits involving portable satellites can
Senior Center present challenges to meeting the City's goal of processing all temporary event permit
Phone:952.227.1125 applications within the 10-day period recommended by the City Code. It is also
Fax:952.227.1110 possible that assessing the merits of proposed temporary satellites may not be the
most efficient use of the City Council's time.
Website
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
Memorandum—Port-a-Potty
July 7, 2016
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In contrast, Sec. 20-266 governs the placement of portable chemical toilets on recreational beach
lots and lists numerous criteria which they need to meet in order to be approved. Some, although
not all, of these conditions could also be relevant to portable satellites of a more temporary
nature, such as those at construction sites or events. It should be noted that Sec. 20-266(g)places
the issuing of an annual license for these facilities with the City's Planning Department.
These ordinances demonstrate that the City's intent has been to balance the need for temporary
satellites with safety and minimizing the sensory impact that they have on our community.
Establishing clear criteria derived from Sec. 20-266 for the portable satellites governed by Sec.
20-917 could strengthen the City's ability to accomplish this goal.
The City currently places responsibility for evaluating and approving temporary event permit
applications with the Community Development Director and governs the criteria by which the
events and their various components should be approved through Sec. 20-964. The ordinance has
numerous general provisions on the requirements relating to temporary structures,
documentation, site operation, and clearance which could easily be construed to govern
temporary satellites associated with the event; however, the City Code places jurisdiction over
the approval of temporary satellites outside of the approval and monitoring process for
temporary events.
Alternatives:
1) Do nothing. The vast majority of temporary events don't require temporary satellites, and
the larger ones that do usually apply far enough in advance that the council's biweekly
meeting schedule does not create logistical hurtles.
2) Draft Criteria for the council to use in approving or rejecting the use of temporary
satellites in conjunction with temporary events and modify the hard limit of 48 hours to
instead correspond with the end of the event. A sentence clarifying minimum standards
for the temporary satellites still covered by 20-917 should also be added.
3) Strike the sentence referring to temporary events from 20-917 and amend 20-964 to make
the evaluation of temporary satellites part of the temporary event application. A sentence
clarifying minimum standards for the temporary satellites still covered by 20-917 should
be added.
Recommendation:
Option three is the most likely to allow for the effective and efficient approval and management
of temporary satellites associated with temporary events. The potential amendment to the City
Code could read as follows:
Sec. 20-917. - Temporary satellites (portable toilets).
Satellites (portable toilets) are permitted only on a temporary basis on construction sites or
on city-owned parkland in conjunction with city park functions. Use of temporary satellites
(portable toilets) for special events require council approval and shall extend no longer than a 18
hour period.
These temporary satellites must be securely anchored to the ground to prevent
tipping, must be models designed to minimize the potential for spilling, and those
Memorandum—Port-a-Potty
July 7, 2016
Page 3 of 4
associated with construction sites must be removed within 24 hours of the completion of
construction activities.
Sec. 20-964. - Temporary outdoor events, seasonal and sidewalk sales activities.
(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, portable satellites (portable toilets), 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.
(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, portable satellites (portable toilets), 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.
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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 multi-tenant 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.
f.
Portable satellites (portable toilets), if present, are to be securely anchored to the
ground to prevent tipping and must be models designed to minimize the potential
for spilling.
If the City Council directs staff to pursue this issue, staff will prepare a code
amendment to bring before the Planning Commission and City Council for potential
adoption.
ATTACHMENT:
1. Relevant City Code
Attachment 1
Text of Relevant Code:
Sec. 20-266. -Recreational beach lots.
(17)
Portable chemical toilets may be allowed as a condition of approval of a recreational beach
lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable
because they cannot be adequately screened from residential neighbors or lake users.
Any use of chemical toilets on recreation beach lots shall be subject to the following:
a.
The minimum setback from the ordinary high water mark shall be 75 feet. Side and
front yard setbacks shall be maximized to achieve maximum screening from
adjacent lots and the lake.
b.
It may only be used Memorial Day to Labor Day and shall be removed from the lot
during the rest of the year.
c.
It shall be securely anchored to the ground to prevent tipping.
d.
It shall be screened from the lake and residential property with landscaping.
e.
It shall be serviced at least weekly.
f.
Only models designed to minimize the potential for spilling may be used.
g•
Receipt of an annual license from the city's planning department. The license shall be
issued unless the conditions of approval of this ordinance have been violated. All
license applications shall be accompanied by the following information:
1.
Name, address, and phone number of applicants.
2.
Site plan showing proposed location of chemical toilets.
3.
Name, address, and phone number of chemical toilet supplier.
4.
Plan for commercially maintaining the chemical toilet, including a copy of any
agreement for maintenance, and the name, address, and phone number of
person responsible for maintenance.
5.
A written description of how the applicant intends to screen the portable
chemical toilet from all views into the property, including views from the
lake.
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July 7,2016
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Sec. 20-917. - Temporary satellites (portable toilets).
Satellites (portable toilets) are permitted only on a temporary basis on construction sites or
on city-owned parkland in conjunction with city park functions. Use of temporary satellites
(portable toilets) for special events require council approval and shall extend no longer than a 48-
hour period.
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:
i.
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 city-wide 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;
g.
Limit temporary outdoor sales to activities which are short-term or seasonal and which
do not require permanent improvements to the site; and
h.
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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.
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 the ordinance from which this
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section derives. 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 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.
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.
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(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 multi-tenant 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.
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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:
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.
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 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.
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+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.
(Ord. No. 511, § 1, 10-11-10)
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