7. Temporary Outdoor Sales Issue paperD
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952227.1180
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2310 Coulter Boulevard
Phone: 952.227.1400
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Natural Resources
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Senior Center
Phone: 952.227.1125
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Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Sharmeen Al -Jaff, Senior Planner 0*47
DATE: August 17, 2010
SUBJ: Temporary Outdoor Sales Issue Paper
BACKGROUND:
Section 20 -312 of the Chanhassen City Code regulates temporary outdoor sales.
There are three types of events that take place in the city on temporary basis:
Seasonal (produce stand, garden center, Christmas tree sales, fireworks, etc.)
Temporary sales /sidewalk sales (any business may utilize the outdoor space
for a temporary sales event subject to city code)
Events (costumer appreciation, employee appreciation, private events such as
concerts, car shows, etc.)
ISSUE
There are criteria regulating seasonal and temporary sidewalk sales but no
specific language addressing events. Staff has addressed these requests under the
temporary /sidewalk sales criteria; however, these events should be addressed
separately. Areas of concern involve traffic circulation, parking, duration, noise
and frequency.
An issue pertaining to seasonal sales is the duration limitation contained in the
current ordinance. City code limits the seasonal sales to 60 days per center.
Produce stands alone can sell their harvested items over a longer period than 60
days. This does not leave any time for additional seasonal sales such as
Christmas trees. This is not an equitable situation for businesses or centers. This
can be remedied by extending the timeframe to 120 days.
RECOMMENDATION
Staff recommends the Planning Commission direct staff to amend the city code to
differentiate between Temporary /Sidewalk Sales and Events, develop criteria for
approval of an event, and extend the timeframe for seasonal sales from 60 to 120
days per center.
ATTACHMENT
1. Chanhassen City Code Section 20 -312 Temporary Outdoor Sales.
gAplan \city code \2010 \temporary sales \pc memo issue paper 8- 17- 10.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
ZONING
§ 20 -312
(3) Waste compaction equipment shall be enclosed within a building or structure.
(Ord. No. 377, § 27, 5- 24 -04)
Sec. 20 -311. Temporary classroom structures.
(a) All structures must be removed before or on permitted ending date.
(b) Design standards shall include skirting along the bottom of the structure.
(c) Landscaping must be provided around structure.
(d) Pedestrian access shall be provided including access in conjunction with the principle
structure.
(Ord. No. 377, § 27, 5- 24 -04)
Sec. 20 -312. Temporary outdoor sales.
(1) 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 in the following manner:
a. Establish standards which permit businesses an opportunity to conduct temporary
outdoor sales;
i. Ensure that temporary sales do not create safety hazards by occupying required
parking spaces, emergency access, or impede the efficient movement of pedes-
trian and vehicular traffic;
b. Provide standards, guidelines, and procedures for an administrative review of tempo-
rary 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 sales events which require an outdoor location; and
g. Limit temporary sales to activities which are short -term or seasonal and which do not
require permanent improvements to the site.
CD20:61
§ 20 -312
CHANHASSEN CITY CODE
(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 sales events 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 sales events 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 sales events may conflict with existing and neighboring uses.
(3) 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 community development director
on forms to be provided by the city at least ten 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 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 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 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
CD20:62
ZONING § 20 -312
existing conditions on the site, including entrances and exists, 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 event 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 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.
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 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 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 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 multitenant 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.
CD20:63
§ 20 -312
CHANHASSEN CITY CODE
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.
(7) Limitations; general conditions.
a. Permitted temporary sales events 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 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 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 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 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 permit must be obtained.
xi. The approved permit shall be kept on the premises for the duration of the event.
xii. No outside speaker systems shall be allowed without approval from the city
council.
a'
,s
CD20:64
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§ 20 -313
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 pl annin g 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. Maximum display height shall be five to six feet.
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 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 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. 377, § 27, 5- 24-04)
Sec. 20 -313. Electrical distribution and underground electric distribution substa-
tions.
Electrical distribution and underground electric distribution substations are subject to the
following conditions:
(1) The distribution and underground electric distribution substations must be served by
a collector or major arterial street as designated in the comprehensive plan.
(2) The distribution and underground electric distribution substations will not have
sanitary facilities and will not be used for habitation.
(3) The distribution and underground electric distribution substations will be located on
at least five acres of property.
(4) A security fence as specified in the National Electric Safety Code shall surround the
distribution and underground electric distribution substations.
(5) A landscaping plan shall be submitted for city approval.
(6) Distribution and underground electric distribution substations shall be a minimum of
500 feet from single - family residences.
Supp. No. 5 CD20:65