(A) Christmas tree sales.
(1) All temporary buildings or trailers associated with the sales lot, as well as all tree-related debris and materials, are permitted between November 15 and December 31.
(2) The sales area shall be separated from vehicular uses by the placement of a fence or barrier to prevent pedestrian and vehicular conflicts.
(3) The sales area shall be on a paved surface that does not interfere with the principal use's minimum parking needs, traffic flow, and emergency access.
(B) Construction buildings.
(1) Buildings temporarily located for purposes of construction may be placed for a period not to extend beyond the issuance of a certificate of occupancy or the end of construction.
(C) Firework sales.
(1) An annual retail fireworks permit shall be required per § 93.25.
(2) Fireworks sales shall only be permitted between June 15 and July 5.
(3) The sales area shall be separated from vehicular uses by the placement of a fence or barrier to prevent pedestrian and vehicular conflicts.
(4) Must be on a paved surface that does not interfere with the principal use's minimum parking needs, traffic flow, and emergency access.
(5) No fireworks shall be sold or dispensed from a motor vehicle or towed vehicle.
(6) Outdoor sales lot for consumer fireworks sales shall meet the specialized requirements laid out in M.S. § 624.20, and all other applicable ordinances or statutes.
(D) Gas/fuel tanks (above ground). Above ground gas and fuel tanks shall be screened from view of a public street or adjacent residential property.
(E) Greenhouse and garden centers.
(1) The area(s) designated may not be located in the required parking areas, block sidewalks, or interfere with public safety.
(2) The area(s) designated may not be permitted in the required setback from residential districts or public rights-of-way.
(3) The proprietor of the business must keep a copy of the conditional use permit on the premises and demonstrate compliance with the permit upon inspection.
(4) Conditional use permits may be revoked by the City Council if the activity is not used on an annual basis or if violations to any of the above regulations have been documented and were not corrected in a timely manner as determined by the City Manager.
(5) Garden center sales shall only be permitted between April 1 and June 30.
(6) The sales area shall be separated from vehicular uses by the placement of a fence or barrier to prevent pedestrian and vehicular conflicts.
(7) Must be on a paved surface that does not interfere with the principal use's minimum parking needs, traffic flow, and emergency access.
(F) Outdoor storage of snow removal equipment.
(1) The area of storage shall not be placed in any established yard abutting a street.
(2) The area of outdoor storage shall be screened from view from streets and from all abutting properties by an opaque screen; wherever security fencing is desired, it shall be placed on the interior side of the opaque screen.
(3) All areas of storage shall be paved.
(G) Temporary events. The events include outdoor religious events, tent sales, employment fairs, and other similar outdoor uses and events as determined by the City Manager. Construction activities related to the construction, demolition, or rehabilitation of a dwelling, building, or structure are not regulated by this section.
(1) Permits are required for any event with temporary structures or tents, preparation and service of food or beverages for sale, road blockage, or traffic or parking congestion beyond that expected without the event in compliance with § 152.312.
(2) All events may be conducted by the proprietor of the business conducted within the principal structure on the property.
(3) Performance standards for temporary events. Temporary events include, but are not limited to, outdoor religious events and rental or employment fairs, but do not include construction activities related to the construction, demolition, or rehabilitation of a dwelling, building, or structure.
(a) Events are limited to ten days per calendar year and all equipment, structures, signs, or other evidence of the use must be removed from the property one week after termination of the event.
(b) Disturbed turfed areas must be restored to their pre-event condition within three weeks.
(c) Sanitary facilities must be provided as required by the Building Official.
(d) Any impairment to traffic flow must be mitigated to the satisfaction of the City Engineer, Fire Chief, and the Police Chief.
(e) All other sections of the city code, including but not limited to compliance with residential quiet hours and the creation of nuisances, apply.
(H) Temporary uses. Temporary uses may include environmental monitoring of a use and structures for hiding the monitoring equipment and other similar outdoor uses as determined by the City Manager. No administrative approval of temporary uses may be given for structures primarily for storage associated with the principal use.
(1) Permits are required for temporary uses.
(2) The permit must include a specific date, not to exceed one year, during which time the use may exist. By the specified date, the use and any associated structure(s) must be removed from the property and the site returned to a condition that meets or exceeds the pre-use condition.
(3) All uses may be conducted by the proprietor of the business conducted within the principal structure on the property.
(4) Financial guarantees or a cash escrow may be required at the time of permit application to guarantee the restoration of the site to its pre-use condition.
(I) Transient sales.
(1) Location.
(a) The location for the sale must have a minimum 150-foot setback from any intersection.
(b) The location for the sale must meet the minimum setbacks for a principal building on the property and may not be permitted on the following: public rights-of-way, landscaped areas, fire lanes, or drive aisles.
(c) The location for the sale may not occupy more than 100 square feet.
(d) The location for the sale may not occupy the required minimum parking spaces for the principal use(s) on the site.
(e) The location for the sale must be large enough to provide adequate parking.
(2) Hours and duration.
(a) Use of the property for transient sales may not exceed ten days within a maximum period of six months.
(b) Transient sales may not take place between the hours of 6:00 p.m. and 10:00 a.m.
(c) No overnight storage of transient merchant equipment or merchandise may be allowed. Transient merchant equipment may be permitted on the premises only between the hours of 8:00 a.m. and 8:00 p.m.
(8) A license may be issued pursuant to the city code and may be conspicuously posted in the transient merchant's location.
(9) Written permission to occupy the property must be filed with the application for conditional use permit.
(Ord. 2024-1304, passed 7-29-24)