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<br />CITY OF FALCON HEIGHTS <br />PLANNING COMMISSION <br />ITEM: Consideration of proposed addition to Chapter 9-1.02 of the zoning code <br />related to the definition of the term "sidewalk sale" <br />SUBMITTED BY: Carla Asleson, Planner <br />REVIEWED BY: Susan Hoyt, City Administrator <br />EXPLANATION/DESCRIPTION: <br />Chapter 9-10.01 subd. 5 (d) of the zoning code prohibits the outdoor sale of <br />merchandise in a B - 3 zone, except for "twice a year for three days at a time as a <br />sidewalk sale". This language is incorporated into the zoning code in order to prevent <br />the outdoor sale of merchandise that is independent and unrelated to the abutting <br />business. For example, under the code, Dino's Gyros can sell gyros and soda <br />outdoors but could not sell flowers. <br />The intent of the code is to prevent public safety hazards on very busy intersections <br />and uncontrolled business in the city's spatially restricted commercial areas. Staff has <br />had little difficulty with compliance thus far. What is missing in the current code is <br />an actual definition of the term "sidewalk sale". Staff is recommending that the <br />following definition be added to the zoning code to prevent future misunderstandings <br />in interpretation: <br />9-1.02 subd. 2 1151) <br />Sidewalk Sale. The selling of goods just outside of the front or side <br />entrance of a business where the merchandise sold outside is similar to <br />what is ordinarily sold inside the business and the sales are managed and <br />operated by the abutting business owner. <br />This definition would clarify that the sidewalk sale must be conducted by the owner <br />or proprietor of the business. For example, it would prevent the owners of a shopping <br />center from leasing sidewalk sale space to a vendor other their existing businesses. <br />ACTION REQUESTED <br />• Review proposed definition of sidewalk sale <br />• • If desired, schedule public hearing on zoning amendment for May 22, <br />1995 meeting <br />