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HomeMy WebLinkAbout1041 Ord (Seasonal Outdoor Sales)ORDINANCE 1041 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 41, ENTITLED LICENSES, PERMITS AND PROHIBITIONS BY ADDING STANDARDS FOR CERTAIN SEASONAL OUTDOOR SALES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Add. City Code Chapter 41, is amended by adding Section 41 -6, Subd 1 as follows: Subd. 1. Seasonal Outdoor Sales. Seasonal Outdoor Sales may be allowed as an accessory use within the CA and BP -C Zoning Districts, subject to the requirements of this subdivision. For purposes of this subdivision, "Seasonal Outdoor Sales" is defined to include the promotion and sale of goods and/or services, including but not limited to plants, vegetation, landscaping materials, lawn care items, fireworks. Seasonal Garden Centers, a type of Seasonal Outdoor Sales, will be permitted for a maximum period of 90 days, and all Seasonal Garden Centers permitted under this subdivision must cease operation on or before July 15 each year. Seasonal Fireworks Sales, another type of Seasonal Outdoor Sales, will be permitted for a maximum of three weeks each year and must cease operation no later than July 6. The annual Seasonal Outdoor Sales permit may be approved by the City subject to the following. (1) A completed permit application form must be submitted annually (including permit fee) to the Community Development Department. The completed application must be submitted at least 60 days prior to the proposed opening date of the Seasonal Outdoor Sales business. To be considered complete, the application must include the completed application form plus the following additional information. (a) Address of property. (b) Site plan detailing at least the following: (i) Size of the area being occupied by the Seasonal Outdoor Sales operation. (ii) Method of containing operations. Indicate materials and design of the proposed tent or temporary structure, any fencing on the site, and trash containment systems. (iii) Pedestrian and traffic control safety measures. The sales area may not impede pedestrian or vehicular circulation patterns on the site. (iv) Parking stalls. Number of parking stalls being used by the entire Seasonal Outdoor Sales operation must be indicated. The site plan must also include a note describing the number of parking spaces that will remain available to the primary use of the property. Sufficient parking must be available to support both the accessory Seasonal Outdoor Sales operation and the primary commercial use of the property. (c) Utility plan. Indicate how water and electricity will be provided to the site. Page 2 of 4 (d) Signage Plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, colors, illumination and support systems. The proposed signage shall be reviewed against the following standards. 1. The total number of signs associated with a Seasonal Outdoor Sales operation is limited to three. 2. All signage for the Seasonal Outdoor Sales operation must be contained on the subject property. 3. Signage may not be located within public right -of -ways. 4. Each free standing sign is limited to a surface area of two feet by three feet (six square feet total). 5. Up to two banners may be permitted. They may only be attached to the tent or temporary structure used for the Seasonal Outdoor Sales operation. 6. One sign may be painted or affixed directly to the tent or temporary structure used for the Seasonal Outdoor Sales operation. 7. The size and height of the banner and affixed signs are limited to that which is allowed in the BP, Business Park Districts as regulated in City Code Ch. 31, Sec. 31 -509, Subd. 8(a)(1) and (3)t. 8. No sign may be erected or installed prior to erection of the Seasonal Outdoor Sales tent or temporary structure. 9. All signs must be removed from the property concurrently with removal of the Seasonal Outdoor Sales operation. (e) Signed agreement from the property owner permitting the proposed Seasonal Open Sales. (f) Narrative explaining details including: 1) dates and hours of operation, 2) merchandise or service being offered for sale, and 3) contact information for the landowner, the applicant, and the manager of the Seasonal Outdoor Sales operation. (2) The annual permit for the first year of operation shall be reviewed by the Planning Commission. The first year permit shall be valid through December 31 of the year. (3) The annual permit for subsequent years of operation shall be reviewed by Community Development Department staff, unless there are substantial changes to the site plan or operations plan, or unless there are substantiated complaints of a Public Safety nature. If there are such substantial changes or complaints, the Planning Commission must review the annual permit application for that year. (4) An inspection by the Fire Marshal will be required prior to the Seasonal Outdoor Sales operation opening for business. (5) Seasonal Outdoor Sales are only allowed on private property. No Seasonal Outdoor Sales are permitted on public property or public right -of -ways. 1 Size. The gross surface area of a tent wall sign may not exceed one square foot for each foot of tent wall parallel or substantially parallel to the front lot line. Height — a tent wall sign may not project higher than the parapet line of the tent wall to which the sign is affixed or 20 feet as measured from the base of the tent wall to which the sign is affixed, whichever is less. Page 3 of 4 2. Add. City Code Chapter 41, is amended by adding Section 41 -6, Subd. 2 as follows: Subd. 2. Seasonal Food Vending. Seasonal Food Vending is allowed by annual permit only on private property as an accessory use within the CBD Zoning District, subject to the requirements of this subdivision. For purposes of this subdivision, "Seasonal Food Vending" does not include food vending for events. Event food vending requires an event permit pursuant to City Resolution No. 2010- 204 and any subsequent revisions to that resolution. The annual permit for a Seasonal Food Vending cart or vehicle may be approved by the City subject to the following. (1) A completed permit application form must be submitted annually (including permit fee) to the Community Development Department. The completed application must be submitted at least 60 days prior to the first seasonal usage of the cart or vehicle. To be considered complete, the application must include the completed application form, permit fee, and the following additional information. (a) Address of the private property upon which the cart or vehicle will operate. (b) Site and operations plans detailing at least the following: 1. Size and location of the area being occupied by the Seasonal Food Vending operation. 2. Picture and dimensions of vehicle or cart. 3. Location of exits from principal building on the property. The vending equipment and operation must not block the exits. 4. Storage location for vehicle or cart when not open for business. 5. Method of containing trash. 6. Pedestrian and traffic control safety measures. The sales area may not impede pedestrian or vehicular circulation patterns on or around the site. 7. Parking stalls. If parking stalls are being used by the vending operation, this must be indicated on the site plan. The total number of parking spaces required of the principal use of the private property shall not be reduced below the minimum number required by ordinance. 8. Miscellaneous operation details including: a) dates and hours of operation, b) merchandise or service being offered for sale, and c) contact information for the landowner, the applicant, and the manager of the Seasonal Vending operation. (c) Utility plan. Indicate how utilities will be provided to the operation. (d) Signage Plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, colors, illumination and support systems. The proposed signage shall be reviewed against the following standards. Page 4 of 4 10. The total number of signs associated with a Seasonal Vending operation is limited to two. 11. All signage for the Seasonal Vending operation must be contained on the subject private property. 12. One sandwich board type sign may be permitted if it satisfies the standards found in Resolution No. 2009 -xxx and any 'subsequent revisions to that resolution. 13. One sign may be painted or affixed directly to the vehicle or cart. 14. No sign associated with the Seasonal Vending operation is allowed to be on the subject property when the cart or vehicle is not present. (e) Signed agreement from the property owner allowing the proposed Seasonal Vending operation. (2) Submittal of a satisfactory inspection report of the proposed cart or vehicle from the Stillwater Fire Department. (3) Submittal of a permit issued for the cart or vehicle by Washington County health officials. (4) The annual permit for the first year of operation shall be reviewed by the Planning Commission. The first year permit shall be valid through December 31 of the year. (5) The annual permit for subsequent years of operation shall be reviewed by Community Development Department staff, unless there are substantial changes to the site plan or operations plan, or unless there are substantiated complaints of a Public Safety or Public Health nature. If there are such substantial changes or complaints, the Planning Commission must review the annual permit application for that year. (6) Seasonal Food Vending is only allowed on private property. No Seasonal Food Vending permits will be issued for operation on public property or public right -of -ways. (7) For public safety reasons, all Seasonal Food Vending operations must close by 2:30 am each day. Also, if during large events it is determined by the Chief of Police that downtown crowd control is necessary, Seasonal Food Vending businesses may be required to close earlier than 2:30 am during that event. 3. Savings. In all other ways City Code Chapter 41 will remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 1st day of November, 2011. ATTEST: Diane F. Ward, City Clerk CITY OF STILL en cki, Mayor City of Stillwater (Official Publication) ORDINANCE 1041 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 41, ENTITLED LICENSES, PERMITS AND PROHIBITIONS BY ADDING STANDARDS FOR CERTAIN SEASONAL OUTDOOR SALES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: AFFIDAVIT OF PUBLICATION STATE OF NESOTA COUNTY OF WASHINGTON 1. Add. City Code Chapter 41, is amended by adding Section 41-6, Subd 1 as follows: Subd. 1. Seasonal Outdoor Sales. Seasonal Outdoor Sales may be allowed as an accessory use within the CA and BP-C Zoning Districts, sub- ject to the requirements of this subdivision. For purposes of this subdivi- sion, "Seasonal Outdoor Sales" is defined to include the promotion and sale of goods and/ors°ervices, including but not limited to plants, vegeta- tion, landsc materials, a t enals, lawn care items, fireworks. Seasonal Garden Centers, a type of Seasonal Outdoor Sales, will be permitted for a maxi- mum period of 90 days, and all Seasonal Garden Centers permitted under this subdivision must cease operation on or before July 15 each year. Seasonal Fireworks Sales, e another type of Seasonal Outdoor Sales, will be permitted for a maximum of three weeks each year and must cease oper- ation th- ation no later than July 6. annual Seasonal Outdoor Sales permit may be approved by the City subject to the following. (1) A completed permit application form must be submitted annually (including permit fee) to the Community Development Department. The completed application must be submitted at least 60 days prior to the pro- posed opening date of the Seasonal Outdoor Sales business. To be con- sidered complete, the application must include the completed application form plus the following additional information. (a) Address of property. (b) Site plan detailing at least the following: (i) Size of the area being occupied by the Seasonal Outdoor Sales opera- tion. (ii) Method of containing operations. Indicate materials and design of the proposed tent or temporary structure, any fencing on the site, and trash containment systems. (iii) Pedestrian and traffic control safety measures. The sales area may not impede pedestrian or vehicular circulation patterns on the site. (iv) Parking stalls. Number of parking stalls being used by the entire Seasonal Outdoor Sales operation must be indicated. The site plan must also include a note describing the number of parking spaces that will remain available to the primary use of the property. Sufficient parking must be available to support both the accessory Seasonal Outdoor Sales oper ation and the primary commercial use of the property. (c) Utility plan. Indicate how water and electricity wilt be provided to the site. (d) Signage Plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, col- ors, illumination and support systems. The proposed signage shall be reviewed against the following standards. 1. The total number of signs associated with a Seasonal Outdoor Sales operation is limited to three. 2. All signage for the Seasonal Outdoor Sales operation must be con- tained on the subject property. 3. Signage may not be located within public right-of-ways. 4. Each free standing sign is limited to a surface area of two feet by three feet (six square feet total). 5. Up to two banners may be permitted. They may only be attached to the tent or temporary structure used for the Seasonal Outdoor Sales oper- ation, 6. One sign may be painted or affixed directly to the tent or temporary structure used for the Seasonal Outdoor Sales operation, 7. The size and height of the banner and affixed signs are limited to that which is allowed in the BP, Business Park Districts as regulated in City Code Ch. 31, Sec. 31-509, Subd, 8(a)(1) and (3)1. 8. No sign may be erected or installed prior to erection of the Seasonal Outdoor Sales tent or temporary structure. 9. All signs must be removed from the property concurrently with removal of the Seasonal Outdoor Sales operation. (e) Signed agreement from the property owner permitting the proposed Seasonal Open Sales. (f) Narrative explaining details including: 1) dates and hours of operation, 2) merchandise or service being offered for sale, and 3) contact information for the landowner, the applicant, and the manager of the Seasonal Outdoor Sales operation. Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 11th of January 2012 Newspaper Ref./Ad #1087797 /1 Subscribed and sworn to before me this 11th day of January 2012 Mark Berriman 1 NOTARY PUBLIC Washington County, Minnesota My commission expires January 31, 2016 MARK E,BERRIMAN MINNESOTA ti COrntOlSSkin Expires Jan. 31, 201 NOTARY PUBLIC (2) The annual permit for the first year of operation shall be reviewed by the Planning Commission. The first year permit shall be valid through December 31 of the year. (3) The annual permit for subsequent years of operation shall be reviewed by Community Development Department staff, unless there are substantial changes to the site plan or operations plan, or unless there are substanti- ated complaints of a Public Safety nature. If there are such substantial changes or complaints, the Planning Commission must review the annual permit application for that year. (4) An inspection by the Fire Marshal will be required prior to the Seasonal Outdoor Sales operation opening for business. (5) Seasonal Outdoor Sales are only allowed on private property. No Seasonal Outdoor Sales are permitted on public property or public right -of- ways. I Size. The gross surface area of a tent wall sign may not exceed one square foot for each foot of tent wall parallel or substantially parallel to the front lot line. Height — a tent wall sign may not project higher than the para- pet line of the tent wall to which the sign is affixed or 20 feet as measured from the base of the tent wall to which the sign is affixed, whichever is less. 2. Add. City Code Chapter 41, is amended by adding Section 41 -6, Subd. 2 as follows: Subd. 2. Seasonal Food Vending. Seasonal Food Vending is allowed by annual permit only on private property as an accessory use within the CBD Zoning District, subject to the requirements of this subdivision. For purpos- es of this subdivision, "Seasonal Food Vending" does not include food vending for events. Event food vending requires an event permit pursuant to City Resolution No. 2010 -204 and any subsequent revisions to that res- olution. The annual permit for a Seasonal Food Vending cart or vehicle may be approved by the City subject to the following. (1) A completed permit application form must be submitted annually (including permit fee) to the Community Development Department. The completed application must be submitted at least 60 days prior to the first seasonal usage of the cart or vehicle. To be considered complete, the application must include the completed application form, permit fee, and the following additional information. (a) Address of the private property upon which the cart or vehicle will oper- ate. (b) Site and operations plans detailing at least the following: 1. Size and location of the area being occupied by the Seasonal Food Vending operation. 2, Picture and dimensions of vehicle or cart. 3. Location of exits from principal building on the property. The vending equipment and operation must not block the exits. 4. Storage location for vehicle or cart when not open for business. 5. Method of containing trash. 6. Pedestrian and traffic control safety measures, The sales area may not impede pedestrian or vehicular circulation patterns on or around the site. 7. Parking stalls. If parking stalls are being used by the vending opera - tion, this must be indicated on the site plan. The total number of parking spaces required of the principal use of the private property shall not be reduced below the minimum number required by ordinance. 8. Miscellaneous operation details including: a) dates and hours of oper- ation, b) merchandise or service being offered for sale, and c) contact infor- mation for the landowner, the applicant, and the manager of the Seasonal Vending operation. (c) Utility plan. Indicate how utilities will be provided to the operation. (d) Signage Plan. The annual permit application must include details of all proposed signage. A drawing for each proposed sign shall be submitted. The drawing shall show dimensions and describe materials, lettering, col- ors, illumination and support systems. The proposed signage shall be reviewed against the following standards. 10. The total number of signs associated with a Seasonal Vending opera- tion is limited to two. 11. All signage for the Seasonal Vending operation must be contained on the subject private property. 12. One sandwich board type sign may be permitted if it satisfies the stan- dards found in Resolution No. 2009 -xxx and any subsequent revisions to that resolution. 13. One sign may be painted or affixed directly to the vehicle or cart. 14. No sign associated with the Seasonal Vending operation is allowed to be on the subject property when the cart or vehicle is not present. (e) Signed agreement from the property owner allowing the proposed Seasonal Vending operation. (2) Submittal of a satisfactory inspection report of the proposed cart or vehicle from the Stillwater Fire Department. (3) Submittal of a permit issued for the cart or vehicle by Washington County health officials. (4) The annual permit for the first year of operation shall be reviewed by the Planning Commission. The first year permit shall be valid through December 31 of the year. (5) The annual permit for subsequent years of operation shall be reviewed by Community Development Department staff, unless there are substantial changes to the site plan or operations plan, or unless there are substanti- ated complaints of a Public Safety or Public Health nature. If there are such substantial changes or complaints, the Planning Commission must review the annual permit application for that%6ar." (6) Seasonal' Food Vending Won* ' allowed on private property.' No Seasonal Food Vending permits will be issued for operatio0 on public prop- erty or public right -of -ways. (7) For public safety reasons, all Seasonal Food Vending operations must close by 2:30 am each day. Also, if during large events it is determined by the Chief of Police that downtown crowd control is necessary, Seasonal Food Vending businesses may be required to close earlier than 2:30 am during that event. 3. Savings. In all other ways City Code Chapter 41 will remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this 1st day of November, 2011. ATTEST: CITY OF STILLWATER /s/ Diane F. Ward /s/ Ken Harycki Diane F. Ward, City Clerk Ken Harycki, Mayor (Jan. 11, 2012) Ordinance 1041