HomeMy WebLinkAbout2443-13 - ADMIN Ordinance - City Council - 2013/06/17ORDINANCE NO. 2443-13
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTION 36-82(b)(10),
SECTION 36-142(g) AND APPENDIX A -FEE SCHEDULE
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. 13-17-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-82(b)(10), 36-142(g) and
Appendix A are hereby amended by deleting stricken language and adding underscored
language. Section breaks are represented by***.
Section 36-82 Temporary uses.
(b) Authorized temporary Uses. A structure or land in any use district may be used for one or
more of the following temporary uses if the use complies with the conditions stated in this
chapter:
(10) Mobile UseF'�oa�na—:4�. Mobile Uses are permitted with the
following conditions:
a A zoning permit is required to operate a mobile use vehicle A separate permit
shall be required for each location the mobile use operates, and permits shall be
valid for one calendar year. The applications shall include:
1) A completed application form.
2) A site plan showing where on the property the vehicle shall be located.
3) The dates the vehicle shall be on the property.
4) A copy of a letter from the property owner authorizing the vehicle to locate
on the property.
5) A copy of applicable licenses and permits to operate and provide the service.
6) Required fee.
b Only Mobile Use -Food and Mobile Use -Medical are permitted.
ac. The vehicle is not permitted on property that is zoned residential and used as a
residential dwelling.
bd. The vehicle shall have all permits and licenses required by the State and Hennepin
County to operate. A current copy of the permits and licenses shall be kept at the
vehicle and immediately made available upon request. The operator shall comply
in all respects with all requirements of state and county law.
C. A building permit is required for a trailer if the customer enters the trailer during
the conduct of the business.
s£ The vehicle may be parked in a public right-of-way if the right-of-way is closed
as authorized by the City.
dg. The vehicle operator shall have written permission from the property owner to
operate on their property. The written permission shall be kept with the vehicle,
and made immediately available to the City upon request.
Ordinance No. 2443-13 -2-
0Only food and iaon ,.1....holie beverages shall be sold
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h. The vehicle operator shall comply with the following site standards:
1) The vehicle shall be parked on a paved surface, unless it is located on a
public park as approved by the City.
2) The vehicle shall be located at least 30 feet away from an entrance to a
public road.
3) The vehicle shall not disrupt traffic and parking.
4) The ..Melo ..hall not I; ave ., dffliy., tluAR
3) --There shall be at least six feet of safe pedestrian passage around the vehicle.
gi. Hours of operation shall be limited to the hours between 7:00 a.m. and 10 pm.
hi. Lighting shall be limited to:
1) Vehicular lighting that is required by law.
2) Lights necessary to illuminate the inside of an enclosed vehicle, service deck
of a cart, and the point of sale area of the vehicle. The lighting shall not
extend above the vehicle, shall be downcast, and shielded in such a way to
illuminate the vehicle, and a point of sale area only. The lighting shall not
directly illuminate an area more than 10 feet away from the vehicle.
ik. Noise generated by the vehicle and the use shall not become a nuisance. The
operation of the vehicle shall adhere to the following:
1) No vehicle shall use or maintain any outside sound amplifying equipment,
televisions or similar visual entertainment devices, or noisemakers, such as
bells, horns, or whistles.
2) Power generators shall not exceed 70 decibels measured 10 feet away from
the source.
}l. Signage shall be limited to the following:
1) Text and images permanently applied to the vehicle as a decal or painted
image and text.
2) Signs that are attached to the vehicle. The signs shall not extend above the
roof of the vehicle, or extend more than five inches beyond any side of the
vehicle. These signs can be unlit or internally lit.
3) Text and images permanently applied to awnings that are attached to the
vehicle, do not extend above the height of the roof of the vehicle, and are at
least six feet from the ground to the bottom of the awning.
4) Text and images permanently applied to umbrellas that are attached to a food
cart. The umbrella shall be less than nine feet in height, and maintain a
clearance of at least six feet from the ground to the bottom of the umbrella.
5) One Pedestrian sign as defined in Section 36-362. The Pedestrian sign must
be located within five feet of the vehicle.
km. Trash, litter, recycling and refuse shall be handled in the following manner:
1) All waste liquids, garbage, litter and refuse shall be kept in leak proof,
nonabsorbent containers which shall be kept covered with tight -fitting lids
and properly disposed of at the establishment the vehicle operates from.
Public trash cans shall not be used to dispose of waste generated by the
operation. Excepted from this is the occasional use by customers.
2) No waste liquids, garbage, litter or refuse shall be dumped or drained into
sidewalks, streets, gutters, drains, or any other place except the licensed food
establishment.
3) The oneratorvender- shall provide a garbage receptacle with a tight fitting lid.
The receptacle shall be easily accessible for customer use, and located within
five feet of the vehicle.
Ordinance No. 2443-13 -3-
4) The operator shall be responsible for all litter and garbage left by customers.
Ln. Overnight parking of the vehicle is not permitted, except that a vehicle under a
long term contract to operate on a premises may be kept overnight on the same
premises with the following conditions:
1) The vehicle is open for business at least six hours and five days per week for
every week it is kept on site. The business hours must be posted on the
outside of the vehicle at all times.
2) The 1.' 1 is kept along the front all of the 1.uild:rt of theoustome
entranceof the bila.1:.,..
3) The hi 1 is kept within 10 feet of the pri.,eipal buildingwall.
4) There is a minimum of six feet of pedestrian walkway between the vehicle
and the edge of the sidewalk or marked pedestrian walkway.
5) Vehicles located on public property are exempt from these requirements
pertaining to overnight parking.
0 Mobile Use -Food shall also comply with the following conditions:
1)
Only food and non-alcoholic beverages shall be sold.
2)
The vehicle shall not have a drive-thru.
3)
Vehicles stored overnight on private property shall be kept within 10 feet of
the principal building wall near the customer entrance of the building.
4)
All transactions services and preparation must occur inside the vehicle.
p Mobile Use -Medical shall also comply with the following conditions:
1)
The caregivers shall have all permits and licenses required by the State and
County to operate A current copy of the permits and licenses shall be kept
at the vehicle and immediately made available upon request. The operator
shall comply in all respects with all requirements of state and county law.
2)
The vehicle shall be used to provide a non-surgical medical service only
3)
Hazardous waste shall be contained and disposed of in a manner required by
law.
4)
Overnight boarding of pets is not permitted.
The sale of animals is not permitted.
6)
Animals shall be kept inside the vehicle when receiving treatment and when
under the supervision of the caregiver.
Section 36-142(g)
— Temporary Uses. The following are typical of the temporary uses referred
to in this chapter:
(1) Buikfing c-onstruetion
stritehire means a stmeture used by a eontraoter- or leasing agent as
an offien or
been secured
(2) On ske equ�pment
site storage E)f
Ft b purposes F a eonstruetion rY^j' .. et f 1 ieh a building permit has
and is in effeet. This use includes eonstruetion trailers, sales and leasing.
st,9mge means any strueture or outdoor storage area designed for the on
eonstraction equipment and materials for an active eenstruction project.
(3) 7��offiry slrueiure
Hot e Bdi
means a building other than a eenst-ruetion stmeture used for a period
Six PAGnth,;
Ordinance 1 i
with the intent of selling pre"et or senioes identiea4 or similar to those 4�Tieally sold or
condueted an the I -C
(5) Outdoor sa�eq tenTorw!y means the display and sale of mefohandise othef than
aoGultural ��modities outside of an enelosed building whef-e it is offer -ad in eof��etiofl
m4th an estahliShed use that legally seliq thesame or qirAilar merehandise within a building
on the same sit@. Charaeteristies inolude the use of tents, trailers, or. other tomporar
(6) Agrieultwwl eommedifies saks means the temporary display and sale of Christmas tfees
and other greens .4iie1... assoeiated with Christmas, flowers a proa
(7) Polkition abatement equipment means equipmmt and stfuetures that are ef eeted or insta
___ Et property for the purpose m of o...,_»ting o. abating b..».d ,. water pollution.
...
(1) Agricultural commodities sales means the temporary display and sale of Christmas trees
and other greens which are associated with Christmas, flowers and produce.
(2) Building construction structure means a structure used by a contractor or leasing agent as
an office or for storage purposes for a construction project for which a building permit has
been secured and is in effect. This use includes construction trailers, sales and leasing.
(3) Carnival and festivals means Carnivals, festivals, community art fairs and other activities
that include uses such as entertainment amusement rides and/or the sale of food and
merchandise. This use shall not include sales or promotional events offered by businesses
with the intent of selling product or services identical or similar to those typically sold or
conducted on the lot.
(4) Mobile Use means a commercial activity conducted as a temporary use within a vehicle.
(5) Mobile Use -Food means a vehicle or cart used to prepare and serve food and/or beverages
in individual portions in a ready -to -consume state. Mobile Use -Food does not include the
sale of groceries or vegetables and fruits not prepared for immediate consumption at the
vehicle.
(6) Mobile Use -Medical means a vehicle used for the following: blood mobiles
immunization, medical evaluation, imaging, diagnostic or testing procedure. Mobile Use -
Medical also includes pet care when limited to immunizations and exams. Mobile Use -
Medical does not include massage or any type of treatment or surgery.
(7) On-site equipment storalre means any structure or outdoor storage area designed for the on-
site storage of construction equipment and materials for an active construction proiect.
(8) Outdoor sales, temporary, means the display and sale of merchandise other than
agricultural commodities outside of an enclosed building where it is offered in conjunction
with an established use that legally sells the same or similar merchandise within a building
on the same site. Characteristics include the use of tents, trailers, or other temporary
structures.
Ordinance No. 2443-13 -5-
(9) Pollution abatement equipment means equipment and structures that are erected or installed
on a property for the purpose of eliminating or abating ground or water pollution
(10) Temporary structure means a building other than a construction structure used for a period
not exceeding six months.
APPENDIX A — 2013 FEE SCHEDULE
COMMUNITY DEVELOPMENT DEPARTMENT
Temporary Use
Carnival & Festival over 14 days $1,000
Mobile Use $50
Sec. 3. The contents of Planning Case File 13-17-ZA are hereby entered into and made
part 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.
Public Hearing
April 17, 2013
First Reading
June 3, 2013
Second Reading
June 17, 2013
Date of Publication
June 27, 2013
Date Ordinance takes effect
July 13, 2013
Attest:
City Clerk of
Adopted by the City Council
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— — MEDIA
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
Jeremy Bradfield, being duly sworn on an
oath, states or affirms that he Is the
Advertising Director of the newspaper(s)
known as
St. Louis Park Sun -Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B)The printed public notice that is at-
tached was published in said newspa-
per(s) once each week, for one suc-
cessive week(s); it was first published on
Thursday, the _2L_ _ day of
June , 2013, and was there-
after printed and published on every
Thursday to and including Thursday, the
day of 2013;
and printed below is a copy of the lower
case alphabet from A to Z, both inclu-
sive, which is hereby acknowledged as
being the size and kind of type used in
the composition and publication of the
notice:
abcdefghliklmnopgrstuvwxyz
BY:
Advertising Director
Subscribed and sworn to or affirmed
before me on this 27 day of
June ,2013.
Notary Public
P� 6'e,F.e�R?.ft94`9�'i5�91iS&9it�trl£flU^,'Af.3S4%*�9.e1�
gT• x JULIA I.N F8
3 NOTARY Pl1SUG-MIC•MINNESOTA My Comm. Exp '. Jan. 31, 2015 5
rum�hi�f ^.tU'a�
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO. 2443-13
AN ORDINANCE RELATING TO
MOBILE MEDICAL USES
This ordinance states that amend-
ments will be made to Chapter 36 re-
garding mobile medical uses and Ap-
pendix A- Fee Schedule.
This ordinance shall take effect 15 days
after publication.
Adopted by the City Council June 17,
2013
Jeffrey W. Jacobs /a/ Mayor
A copy of the full text of this ordinance
is available for inspection with the City
Clerk.
Published in St. Louis Park Sailor:
June 27. 2013
(June 27, 2013) A3 Ord2443-13
RECEIVED
JUL 1 2013
OFFICE OF THE CITY CLERK