A. Purpose: Certain uses that are generally not suitable within a particular zoning district as a principal or accessory use are potentially suitable on a temporary basis. Accordingly, it is the intention of this section to recognize certain temporary outdoor uses as being potentially allowable and provide conditions associated with such activities.
B. General Provisions:
1. Administrative Permit Required: All temporary outdoor uses shall be allowed only through the issuance of an administrative permit as stipulated in section 11-3-4 of this title.
2. Evaluation Criteria: When evaluating a request for a temporary outdoor use, consideration shall be given to traffic, circulation, parking, visibility, effects of noise and light, other harmful effects on adjoining property, if any, and any other relevant impacts or considerations of the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to ensure the public health, safety or welfare.
3. Information Required: Information required for a temporary outdoor use shall be in accordance with the informational requirements of subsection 11-3-4C of this title.
4. Conditions Of Approval: In approving an application for a temporary outdoor use, the Zoning Administrator may impose conditions deemed necessary to ensure that the permit will be in accordance with the evaluation criteria under subsection B2 of this section and that the temporary outdoor use will not adversely affect adjacent properties or the public health, safety or welfare. These conditions may involve any pertinent factors affecting the operation of such temporary event or use and may include, but shall not be limited to, the following:
a. Operating hours.
b. Provision for parking facilities, including vehicular ingress and egress.
c. Regulation of potential nuisance factors such as, but not limited to, light and glare, noise, vibration, smoke, dust, dirt and odors.
d. Regulation of temporary structures and facilities, including placement, height and size, location of equipment, buffer areas and setbacks.
e. Provision for sanitary facilities.
f. Provision for waste collection and disposal.
g. Provision for security and safety measures.
h. Regulation of signs.
i. Any other conditions determined by the Zoning Administrator to ensure the operation of the proposed temporary outdoor use in an orderly, efficient, safe, compatible, harmonious and nuisance free manner. (Ord. 28, 8-28-2008)
C. Temporary/Seasonal Outdoor Sales:
1. Zoning District Allowance: Temporary/seasonal outdoor sales, including, but not limited to, Christmas tree sales and transient merchant sales, shall be limited to business, industrial and institutional zoning districts.
2. Duration: Administrative permits for temporary/seasonal outdoor sales shall be for a period not to exceed ninety (90) days in one (1) calendar year. No more than two (2) permits shall be issued to the same applicant or property in any calendar year.
3. Performance Standards:
a. Off street parking and loading shall be provided as required by chapter 9 of this title.
b. The use of a public address system shall be allowed, provided Minnesota Pollution Control Agency (MPCA) noise standards are upheld and such systems do not constitute a nuisance as defined by this Code.
c. The site upon which the temporary/seasonal outdoor sale is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.
d. Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.
e. No uses or displays shall be permitted in required parking areas, required green areas, parking setback areas, or any right-of-way or other public property.
f. Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan that is submitted and determined by the Zoning Administrator to not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
g. Signage shall be limited to one (1) sign not to exceed thirty two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles. The sign may be illuminated but shall comply with all requirements of chapter 12 of this title.
h. All lighting shall comply with the lighting standards of section 11-4-7 of this title.
i. The sale and associated parking shall not obstruct parking spaces needed by any permanent business established on the site except when a sale is held when the business is closed.
j. No portion of the use or event shall take place within one hundred feet (100') of any residential buildings.
k. The Zoning Administrator shall have the authority to exempt certain conditions determined to be non-applicable and impose additional conditions determined necessary to ensure public health, safety and welfare.
4. Exemption: A business located in a business or industrial zoning district shall be exempt from the requirements of subsections B and C of this section one (1) time per calendar year for a single event not to exceed four (4) consecutive days in connection with a City-wide garage sale event. (Ord. 157, 6-26-2017)
D. Special Outdoor Events:
1. Permitted Special Outdoor Events:
a. All Districts: The following special outdoor events may be permitted within all zoning districts subject to the provisions in this subsection and any applicable licensing requirements of this Code:
(1) Parades.
(2) Similar temporary uses which, in the opinion of the Zoning Administrator, are comparable to the preceding activity.
b. Nonresidential Districts: The following special outdoor events may be permitted within nonresidential zoning districts subject to the provisions in this subsection and any applicable licensing requirements of this Code:
(1) Community events, including, but not limited to, fairs, festivals, concerts, automobile shows, art exhibits, holiday events and pyrotechnic displays.
(2) Circuses, rodeos and petting zoos.
(3) Recycling collection events.
(4) Religious meetings.
(5) Similar temporary uses which, in the opinion of the Zoning Administrator, are comparable to the preceding activities.
2. Duration And Number Of Permits: Administrative permits for special outdoor events shall be for a period not to exceed ten (10) days in one calendar year. No more than two (2) permits shall be issued to the same applicant or property in any calendar year.
3. Performance Standards: All special outdoor events shall conform to the applicable conditions of the administrative permit as determined by the Zoning Administrator.
a. Off street parking and loading shall be provided as required by chapter 9 of this title.
b. The use of a public address system shall be allowed, provided Minnesota Pollution Control Agency (MPCA) noise standards are upheld and such systems do not constitute a nuisance as defined by this Code.
c. The site upon which the special outdoor event is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.
d. No events/activities shall be permitted in required parking areas, parking setback areas, or any right-of-way or other public property.
e. Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on a site plan that is submitted and determined by the Zoning Administrator to not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
f. Signage shall be limited to one sign not to exceed thirty two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles. The sign may be illuminated but shall comply with all requirements of chapter 12 of this title.
g. All lighting shall comply with the lighting standards of section 11-4-7 of this title.
h. The event and associated parking shall not obstruct parking spaces needed by any permanent business established on the site except when an event is held when the business is closed.
i. With the exception of parades, no portion of the use or event shall take place within one hundred feet (100') of any residential buildings.
j. The Zoning Administrator shall have the authority to exempt certain conditions determined to be nonapplicable and impose additional conditions determined necessary to ensure public health, safety and welfare. (Ord. 28, 8-28-2008)