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Home My WebLink About2194-01 - ADMIN Ordinance - City Council - 2001/03/19ORDINANCE NO. 2194-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTION 14:4-12 TEMPORARY USES THE CITY OF ST LOUIS PARK DOES ORDAIN: Findings Sec. 1 The City Council has considered the advice and recommendation of the Planning Commission (Case No 01-09-ZA) Sec 2 The St. Louis Park Ordinance Code, Section 14:4-12 is hereby amended to read as follows: 14 4-12 TEMPORARY USES C. TEMPORARY STRUCTURES 1 Temporary structures shall not be permitted for a period of time exceeding 6 months. 2. Temporary structures shall not be permitted within 15 feet of any public nght of way or where prohibited under Section 14.4-6 unless such nght of way will be closed for the event as approved by the City or as specified by PUD approval. 3. No significant tree shall be removed for the placement of a temporary structure. 4. Any other landscaping materials which are displaced by the temporary structure shall be replaced upon removal of the temporary structure. 5. Temporary structures shall not be permitted in any required bufferyard. D CARNIVALS, FESTIVALS AND PROMOTIONAL EVENTS 1. Carnivals, festivals, and promotional events, including community art fairs, shall not be permitted for more than 14 days in any calendar year except in public parks or closed right of way as approved by the City or as specified by PUD approval. 2. Carnivals, festivals, and promotional events shall be permitted within required front, side or rear yards; except where prohibited under Section 14:4-6. Carnivals, festivals, and promotional events shall not be allowed within the public right of way unless such right of way will be closed for the event as approved by the City. 3 Carnivals, festivals, and promotional events shall not be permitted within any required bufferyards E TEMPORARY OUTDOOR SALES 1 Temporary sales, including licensed food service, shall only be permitted within a "C", "0", "M -X", or "1" District or in public parks or closed nght of way as approved by the City or as specified by PUD approval. 2. Temporary outdoor sales which do not exceed 100 square feet shall be permitted. However, no merchandise shall be stored outside overnight. Ordinance No. 2194-01 -2- 3. Temporary sales which exceed 100 square feet shall be permitted for a period not to exceed 4 consecutive days or a total of 12 days in a calendar year except in public parks or closed right of way as approved by the City or as specified by PUD approval. 4. Temporary sales shall only be allowed if associated with a permitted retail business operating within a building on the site in which the same or similar merchandise is offered for sale except in public parks or closed nght of way as approved by the City or as specified by PUD approval. 5. Temporary sales shall be permitted in required front, side, and rear yards unless prohibited under Section 14.4-6; however, temporary outdoor sales shall not be allowed in any required landscaped area or bufferyard or within the public right of way unless such right of way will be closed for the event as approved by the City or as specified by PUD approval. F AGRICULTURAL COMMODITES — NOT MORE THAN 45 DAYS 1. Christmas Tree sales or the sale of other agricultural commodities may be located within required yards; but not within 15 feet of any public right of way or where prohibited under Section 14:4-6. 2. Shall be permitted on a parcel for not more than 45 days within any calendar year. 3. Shall not be permitted in any required bufferyard. G AGRICULTURAL COMMODITIES — UP TO 6 MONTHS The sale of agricultural commodities, including seasonal farmers' markets, greenhouses, and gardening supplies, which are offered for sale directly from the grower/producer, shall be allowed as a temporary use provided the following standards are satisfied. 1. A Site Plan must be submitted to the City. 2. The temporary use shall be located in the C-1 Neighborhood Commercial District, C-2 Commercial District, M -X Mixed Use Distnct, in a public park or closed right of way as approved by the City, or as specified by PUD approval. 3. The owner of any private property on which the temporary use is proposed to be located shall submit a letter in support of the use to the City 4 In the event the temporary use is located on a surface parking lot or area, such use shall not encumber more than 10 percent of the total amount of available parking spaces. 5 Products shall be limited to produce, vegetable, flowers, plants and related items. 6 Sales activities may be conducted within a required yard provided the area is paved anu the activity does not interfere with parking, traffic circulation or emergency access Temporary sales on unpaved landscaped areas are prohibited except in public parks as approved by the City or as specified by PUD approval. 7 Tents, stands and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided it is determined that they will not impair parking capacity, emergency access, or the safe and efficient moveinent of pedestrian and vehicular traffic on or off the site. • Ordinance No 2194-01 -3- 8. The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed temporary use can and will be provided for the duration of the temporary use. Determination of compliance with this requirement shall include the consideration of the nature of the temporary use and applicable parking requirements set forth in Section 14.6-1 0 or the approved PUD. Consideration shall be given to the parking needs and requirements of the principal uses located on the same property. If unforeseen circulation or congestion problems occur on the site, or causes traffic to back up on public streets, the City may order the use to relocate on the same pioperty or to be removed. 9. Signage related to the temporary use shall be in compliance with the applicable standards set forth in the approved PUD, or Section 14.6-2.0 and below: • Freestanding signs shall not exceed 16 square feet • All other signage shall be placed on a tent or canopy • No sign face shall exceed 100 square feet Special signage for purposes of traffic direction and control may be authorized by the City. 10. The maximum time for sales activities shall be six (6) months per calendar year per property 11. All stands, equipment, signs, and other structures shall be maintained in good repair. 12. All stands, equipment, signs and other structures shall be removed on the last day of the temporary use. Sec 3 The contents of Planning Case File 01-09-ZA are hereby entered into and made IIIpart of the public hearing record and the record of decision for this case. Sec 4 This Ordinance shall take effect fifteen days after its publication Reviewed for Administration City Manager Attest: 50/------ y Clerk • Adopted_ ly the City Council March 19, 2001 /;fl /(U/ -L Mayor ) , Approved as to Form and Execution: City Attorney 01 -09-ZA/N/res/ord r STATE OF MINNESOTA) s5. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended (B) The pnnted public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 28 day of March , 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2001; and pnnted below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: e abcdefghukhnnopgrstu `c—Be<f : 4,11.4,-/ Publisher Subscribed and swo to or affirme -before me on this O?f(day of 1. P.Li6AL�(�l. Nota fv Public diwi RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ 6.20 per line $ 1.40 per line City of St. Louis Park _ (Official Pubhcation) SUMMARY ORDINANCE NO. 2194-01 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTION 14.4-12 TEMPORARY USES This ordinance amends the standards for permitting tem- porary uses This ordinance shall take effect 15 days after publication Adopted by the City Council March 19, 2001 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (March 28, 2001)A3/Ord 2194-01` __ _