Subd. 1. Purpose. Certain uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis. This may be due to the lack of development on existing property due to a short-term need (such as highway construction), or to the limited degree of adverse effects upon adjacent land use. Accordingly, it is the intention of this subsection to recognize certain temporary uses as being potentially allowable and provide regulations for their control, if permitted.
Subd. 2. Procedure. Where not specifically listed in the underlying zoning district, all temporary uses identified in Subd. 3 below shall be permitted in any zoning district provided they apply for and receive approval of an administrative permit, building permit, and/or appropriate city license.
Subd. 3. Permitted Temporary Uses. The following temporary uses may be permitted subject to administrative permit requirements of subsection 1002.05, the provisions of this subsection and licensing requirements of the city, if any:
1. Temporary Outdoor Seasonal Sales. Temporary outdoor seasonal sales as defined in subsection 1002.05 may be permitted in any business zoning district for a period not to exceed 60 days;
2. Civic Activities. Community activities by non-profit civic groups, upon approval by the City Council of the proposed program as being in harmony with area uses, and upon issuance of appropriate permits and licenses;
3. Food vendors (ice cream trucks, popcorn stands, hot dog stands, pop stands, and the like);
4. Road Materials. Black top or crushing plant for highway materials;
5. Excavating for Sale. Excavating materials sold from a construction project such as excess sand, gravel, or black dirt;
6. Stockpiling. Stockpiling of material for use in roadway construction;
7. Carnival. Carnivals or circuses when operated as a separate commercial business for a period not to exceed 15 days; and
8. Temporary Outdoor On-Sale Events. Temporary outdoor on-sale events may be permitted in any business zoning district. Eligible applicants are limited to businesses already holding an on-sale license from the city to sell beer, wine, or intoxicating liquor. This permit is subject to the following conditions and provisions:
a. Such applicants must abide by all state and local liquor regulations including compact and contiguous requirements for the outdoor area. See subsection 400.12, Regulation of Outdoor Areas in On- Sale Liquor, Wine, and Beer Establishments;
b. Each event must be individually permitted;
c. This permit does not impact any outdoor dining administrative permit held under subsection 1006.07, Subd. 1;
d. The applicant is required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations;
e. Any temporary outdoor on-sale event must be held on property owned, leased, or otherwise controlled by the applicant;
f. The applicant must demonstrate the following, all of which are subject to the review and approval by the Zoning Administrator.
i. The event area shall be sufficiently screened from adjacent residential areas.
ii. All lighting is hooded or otherwise sufficiently directed away from adjacent residential uses.
iii. Pedestrian and traffic circulation is minimally disrupted by providing physical barriers to guide pedestrians and vehicles around the event.
iv. If the event is held in a space that is typically used as a parking lot or other thoroughfare, the applicant must show that the area is not accessible to vehicles during the event.
g. The Zoning Administrator may further restrict the days, hours, nature, volume, and other aspects of entertainment through this temporary outdoor on-sale event to preserve the general welfare.
Subd. 4. Permit and Performance Criteria. The following permit requirements and performance criteria shall apply generally to temporary uses in addition to the special provisions outlined herein:
1. A permit application form and fee, as set by City Council, shall be submitted to the Zoning Administrator, who is hereby authorized to review and approve permits for temporary uses, provided the following criteria are satisfied;
2. No portion of the temporary use shall take place within any public right-of-way or landscaped green strip;
3. Parking and display areas associated with the use shall not distract or interfere with existing business operations or traffic circulation patterns;
4. Display areas and parking spaces shall use those parking lot spaces that are in excess of the minimum required parking for the primary use of that property;
5. The site shall be kept in a neat and orderly manner, and display of items shall be as compact as possible so as to not interfere with existing business, parking, or driveway operations;
6. Display areas, trailers, temporary stands, and the like shall be located on an asphalt or concrete surface as approved in the administrative permit;
7. Temporary uses (with a valid administrative permit) may have one on-site temporary sign not to exceed 24 square feet in area and not more than six feet in height;
8. The owner/operator shall have the written permission of the current property owner to locate the temporary use on a specific site;
9. A daily clean-up program shall be presented as part of the administrative permit application;
10. Those temporary uses that are determined by the City Administrator not to be consistent with the intent of the City Code, and Comprehensive Plan may be appealed pursuant to the process outlined in subsection 1002.13;
11. Adjacent vacant land is not yet impacted by development pressures or will not be affected by the proposed use;
12. Adjacent developed land will not be adversely affected by the proposed use because of traffic, noise, dust, smoke, unsightliness, or other nuisance characteristic;
13. The administrative permit shall terminate six months from its date of issuance, or within 30 days after a certificate of occupancy has been issued by the Building Official, whichever occurs first. The permit may be extended for an additional 90 days at the discretion of the Zoning Administrator; and
14. There is adequate assurance, guaranteed by performance bond in a form accepted by the City Attorney, if deemed necessary by the Zoning Administrator, that the property will be left in suitable condition after the temporary use is terminated.
(Ord. 2023-08, passed 6-14-2023)