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Home My WebLink About11/10/2010 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, November 10, 2010 6:30 p.m. Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: October 13, 2010 IV. OPEN MIKE V. ACTION ITEMS • A. CONTINUED PUBLIC HEARING to consider amending the Zoning Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer's Markets, and Community Gardens — Paul Bengtson VI. DISCUSSION ITEMS A. Recreational Facilities in Residential and Rural Districts VII. ADJOURN • Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4- minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE : October 13, 2010 TIME STARTED : 6:30 P.M. TIME ENDED : 8:00 P.M. MEMBERS PRESENT '' : Neil Evenson, Michael Hyden, Perry Laden, ... Robert Nelson, Michael Root, Paul Tralle (Chair MEMBERS ABSENT : Brian Pogalz (Vice Chair) STAFF PRESENT : Jeff Smyser I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Pla.Y niny p.m. on October 13, 2010. II. APROVAL OF AGENDA The Agenda was approved .' amended. III. APPROVAL OF MINUTES: September 8,''2010 and Zoning B eeting to order at 6:30 Mr. Nelson made a MOTION to approve the September 8, 2010 Minutes. Motion was supported by Mr. Hyden. Motion carried 5 - 0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:33 p.m. There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. DRAFT MINUTES Planning & Zoning Board October 13, 2010 Page 2 V. ACTION ITEMS • A. CONTINUED PUBLIC HEARING to consider amending the Zoning Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer's Markets, and Community Gardens City Planner, Jeff Smyser, presented the staff report. COMMUNITY GARDENS Board Members were overall supportive of allowing community gardens in the city. They acknowledged that community gardens are successful in other cities, and may be a benefit to the community and an opportunity for residents to meet each other. Board members suggested that the city could start with a temporary location and if successful, consider a permanent location for the future. Some concerns included: • Neighboring commercial businesses may consider a community garden as blight on a commercial lot. The City should protect existing businesses and consider allowing neighboring businesses the ability to petition against the use. • Once a use has been allowed on a property, it is often hard to remove the use. • Parking and traffic flow. • What is City's liability? What city services will be needed and costs associated? • Who will provide and pay for water service? • Who would administer the garden? City staff or a volunteer organization? How much staff involvement? Could it hinder future development of the property? City would need to make it clear that the garden is a temporary use, possibly by use of signage on the property. Residents who participate in the garden would need to be aware that the property may be developed at some time at which time the garden will be removed. Staff agreed to draft policy language for community gardens that address the concerns of the board to bring back to the next meeting for review. Chair Tralle reopened the Public Hearing at 6:54 p.m. FARMER'S MARKETS Staff explained that a Farmer's Market could be allowed with a Special Event Permit that the city currently issues. Specific zoning districts could be defined for this use. DRAFT MINUTES • Planning & Zoning Board October 13, 2010 Page 3 Staff considers a Farmer's Market to be an organized event of which a single responsible party would be in charge. The city would not issue permits to individual vendors, but instead issue a Permit to the party in charge who would carry the responsibility. The city wants to ensure that potential impacts are dealt with. Board Members discussed the difference between a Farmer's Market and a Flea Market. Members agreed that the items sold should be at the discretion of the party in charge of applying for the permit. For the purpose of ordinance and permit language, it was suggested that the use be listed as a Farmer's/Flea Market, and specified at the time of application. Staff agreed to draft policy language that would allow a Farmer's Market with a Special Event Permit, and include amended language to the zoning ordinates to allow such use TEMPORARY OUTDOOR SALES Staff explained that a Transient Merchant Liceri mould be issued for a single vendor request for Temporary Outdoor Sales, to include roadside stands for the sale of goods. Staff described that currently a Transient Merchant License is issued for door to door sales vendors. Applications are reviewed by the city clerk and a background check is conducted through the police department. This provides safety for residents and ensures that the seller is aware of city regulations. SALES OF PRODUCE GROWN ON SITE Staff explai d that, the MN Constitution prohibits cities from requiring a license for someone who wants to sell produce grown on his own property. The city attorney advised that the city can, however,regulatnplace and time of such activity. The city could require a Zoning Permit, which would include a simple review of the property and ensure that the property owner is aware of such sales. Board members thought that the issuance of a Transient Merchant License for temporary outdoor sales and a Zoning Permit for sales of produce grown on a vendor's property seemed appropriate. Staff agreed to draft language for Temporary Sales allowed by a Transient Merchant License as well as with a Zoning Permit. OUTDOOR SALES LOTS Staff would like to clarify the city's existing zoning ordinance language that currently addresses outdoor sales lots. The intent of the current section was written specifically to address the sales of motor vehicles, however it is not stated so in the ordinance. To clarify future interpretation of the ordinance, staff was suggesting an amendment to the DRAFT MINUTES Planning & Zoning Board October 13, 2010 Page 4 ordinance text to specify the use. Board members had no issues with the suggested change. Staff will draft amended ordinance language to address this issue for clarification and bring back to the board for review. No one was present to speak at the public hearing. Mr. Hyden made a MOTION to continue the Public Hearing to the November Mtg. at 7:28 p.m, Motion was supported by Mr. Nelson. Motion passed 5 - 0. VI. DISCUSSION ITEMS A. Outdoor Storage in the General BusineZone Staff informed the board that the city received a request from a property owner in the General Business zone to allow outdoor storage as a business. Utilities are currently unavailable to the site, which limits the type of uses that can occur. Outdoor storage is not a use currently allowed in the GB Outdoor storage is allowed as an accessory use in certain zoning districts. Adnally, many of the allowable uses in the GB district prohibit outdoor storage.; Staff informed the applicant that the P &Z Board and Ae City Council could informally discuss the issue and provide some direction prior to the applicant spending money to submit an official application to request an ordinance amendment. Staff was seeking direction from the board as to whether they would consider allowing outdoor storage as a business in a general business zone. Staff clarified that but storage of items \ applicant is not requesting the use of self - contained storage units, ctly on the property. The board discussed the possibility of issuing an interim use permit to allow for outdoor storage. Staff pointed out that interim uses are often hard to remove. The consensus !Aboard members was that the use might be considered in an industrial zone, but a business zone was not the appropriate location for this use. Staff stated that this item will be brought to a Council Work Session for discussion. B. Conversion of Detached Townhome lots to Single Family Detached Lots in Century Farm North Development Staff explained that the approved plat for the Century Farm North development included DRAFT MINUTES • to • • • Planning & Zoning Board October 13, 2010 Page 5 an area of single family detached townhomes, which were considered marketable at the time of initial development. Since then, the market has changed, and the city has received a request from the builder and developer to re -plat in order to convert four of the detached townhome lots to more typical single family detached lots. Staff explained that this would require a revised plat application, and that city staff is supportive of the request. Staff explained that as single family lots, these would be smaller than a standard lot size. However, the project is a Planned Unit Development that allowr a mix of life -cycle housing types and the proposed lot sizes would be allowed. The number of dwelling units would not change, and the homes themselves would be the same as the ones already planned for the lots. Staff added that the city will require that the Ho eras AssociatiOn is in agreement with the pr p osed change an g prior or to an a pp lication submittal. Staff was seeking comments from the board regarding this request. Board member discussed the issue. Staff clarified that no specific architectural standards were required for these particula?tmits. The City could require that architectural standards for the single family homes are consistent with what currently exists in the development. Staff assured the board that this would not set a precederYt'to allow for small lots on individual properties, as the purpose of a PUD is to allow for such changes. The consensus of the board was that members were in favor of the change as proposed, and did not see a problem with an application for request of such change. VII. :IJOURN Mr. Laden made a MOTION toadjourn the meeting at 8:00 p.m. Motion was supported by , lson. Moti' carried 5 - 0. Respectfully sub Dawn Bugge Community Development Assistant DRAFT MINUTES • • AGENDA ITEM 5.A. STAFF ORIGINATOR: Paul Bengtson P &Z MEETING DATE: November 10, 2010 TOPIC: Public Hearing Zoning Ordinance Amendment to add Temporary Outdoor Sales, Farmer's Markets, and Community Gardens as allowable uses under certain conditions Background For a number of months the Planning and Zoning Board has been discussing the issue of Outdoor Sales, Farmer's Markets, and Community Gardens. At the October 13th meeting staff was directed to return with draft ordinance language in hand, and the following report summarizes that information. Community Gardens Staff has defined the term Community Garden, to be specifically operated by the city only, and will add it a permissible use in all zoning districts. The Community Development Department will then work with the Environmental Board and the City Council to craft a Community Garden Agreement. This agreement will outline all of the requirements and rules of the community garden including addressing the liability issues, parking needs, water service, city signage for redevelopment, terms of use as to the redevelopment of the site, management responsibilities of the city, etc... This will all be in place before the city allows any occupation of the site by garden plot renters. Open Air Markets (Farmer's /Flea Markets) Staff would recommend using the term Open Air Market, and have defined it in the draft language attached to this report. This term is a little less specific since we don't necessarily want to prohibit mingling of types of sales. The draft language includes Open Air Markets as a use by administrative permit in all zoning districts, with the use specifically designated as `accessory to an institutional use' in the rural and residential zoning districts. The administrative permit required to approve this use will be the Special Event Permit included in Chapter 615 of the City Code (attached). This section of the code will need to be modified slightly, to specifically mention Open Air Markets as requiring this type of permit. The Community Development Department will work with the City Clerk to recommend the appropriate changes to the City Council. Transient Merchants Staff has added the term Transient Merchant from City Code Chapter 613, and will include it as a use by administrative permit' in all zoning districts. This will cover anyone selling any product temporarily in the city. (Garage sales and similar activities are exempted within the transient merchant section of the city code.) The administrative permit required to approve this use will be the Transient Merchant license included in Chapter 613 of the City Code (attached). This section of the city code will need to be modified slightly, to clarify two points. The first being that anyone selling farm products on the site they are grown is exempted from these requirements, and the second being that anyone selling strictly farm products off the site they are grown will instead need to obtain an administrative permit from the Community Development Department. Staff will work with the City Clerk to recommend the appropriate changes to the City Council. That administrative zoning permit will essentially mimic the prohibited activities of the Transient Merchant license, as listed in section 613.08 of the city code (attached). Motor Vehicle Sales The discussion of amending the current `Open Sales Lot' use listed in the ordinance was an off- shoot of the topic of this public hearing. However, since it wasn't specifically mentioned in the public hearing notice as a topic for this amendment, staff will delay clarification of this section of the ordinance until a new public notice can be made. This item will be properly noticed and added to the agenda for the December 8, 2010 Planning and Zoning Board meeting. Recommendation Staff recommends closing the public hearing and recommending approval of the attached draft ordinance language. Attachments 1. Draft Ordinance Language 2. City Code Chapter 613: Transient Merchant 3. City Code Chapter 615: Special Events • • • Draft Ordinance Language 1. Add the following definitions to Section 1.Subdivsion 2.B Community Garden. A facility on public land for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. Open Air Market. An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi -open facilities or temporary structures. Transient Merchant. Any individual person whose business in the city is temporary or seasonal and consists of selling and delivering merchandise within the city, and who in furtherance of the purpose uses or occupies any structure, vehicle or other place for the exhibition and sale of the merchandise. 2. Add "Community Gardens operated by the city" as a permissible use to: All zoning districts 3. Add "Open Air Market accessory to an institutional use and limited in area to 25% of the gross floor area of the principal building" as a use by administrative permit to: Rural, Rural Executive, Rural Business Reserve R -1, R -1 X, R -2, R -EC, R -2, R -3, R -4, R -6, and R -7 4. Add "Open Air Markets" as a use by administrative permit to: General Business, Public /Semi - Public, Light Industrial, and General Industrial 5. Add "Transient Merchants" as a use by administrative permit to: All zoning districts Page 1 of 7 Lino Lakes, MN Code of Ordinances 600: BUSINESS AND ACTIVITY LICENSES CHAPTER 613: TRANSIENT MERCHANT, PEDDLER, CANVASSER AND SOLICITOR CHAPTER 613: TRANSIENT MERCHANT, PEDDLER, CANVASSER AND SOLICITOR Section 613.01 Definitions 613.02 Exceptions to definitions 613.03 Religious and charitable organizations 613.04 Licensing; exemptions 613.05 License ineligibility 613.06 License suspension and revocation 613.07 License transferability 613.08 Prohibited activities 613.09 Penalties § 613.01 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PEDDLER. A person who goes from house -to- house, door -to -door, business -to- business, street -to- street or any other type of place -to- place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term PEDDLER shall mean the same as the term hawker. PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the terms shall include each member, officer, partner, associate, agent or employee. SOLICITOR. A person who goes from house -to- house, door -to -door, business -to- business, street - to- street, or any other type of place -to- place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later tune. The absence of samples or catalogs shall not remove http:// www.amlegal.com /nxt/gateway.dll/ Minnesota /linol akes _mn /600businessandactivityl... 11/4/2010 Page 2 of 7 a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term canvasser. TRANSIENT MERCHANT. Any person whose business in the city is temporary or seasonal and consists of selling and delivering merchandise within the city, and who in furtherance of the purpose uses or occupies any structure, vehicle or other place for the exhibition and sale of the merchandise. (Prior Code, § 612.01) (Ord. 01 -89, passed 2 -13 -1989) § 613.02 EXCEPTIONS TO DEFINITIONS. (1) For the purpose of this chapter, the terms peddler, solicitor and transient merchant shall not apply to the following: (a) Persons doing business by appointment; (b) Persons selling or attempting to sell at wholesale their goods, wares, products or merchandise to retail, wholesale, professional or industrial establishments; (c) Persons conducting the type of sales commonly known as garage sales, rummage sales or estate sales, as well as anyone conducting an auction as a properly licensed auctioneer or any officer of the court conducting a court- ordered sale; (d) No licenses shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of commodities or the providing of services to regular customers; and (e) School aged children selling items for fund raisers. (2) Exception from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statutory provision or local ordinance. (Prior Code, § 612.03) (Ord. 01 -89, passed 2 -13 -1989) § 613.03 RELIGIOUS AND CHARITABLE ORGANIZATIONS. (1) Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of the organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non - profit purpose shall be exempt from § 613.04 of this chapter, provided a sworn application in writing on a form furnished by the city is filed which shall include the following information: (a) Name and purpose of the cause for which the license is sought; (b) Names and addresses of the officers and/or directors of the organization; http:// w° ww.amlegal.com /nxt /gateway.dll/ Minnesota/ linolakes _mn /600businessandactivityl... 11/4/2010 Page 3 of 7 (c) The period during which the solicitation is to be carried on; and S(d) Whether or not any commission, fee, wages or emoluments are to be expended in connection with the solicitation. (2) Upon the foregoing being satisfied, the organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of the agent and the purpose of the solicitation. The credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. (Prior Code, § 612.04) (Ord. 01 -89, passed 2 -13 -1989) § 613.04 LICENSING; EXEMPTIONS. (1) County license required. No person shall conduct business as a peddler, solicitor or transient merchant within the city limits without first having obtained the appropriate license from the county as required by M.S. Ch. 329, as it may be amended from time to time, if the county issues a license for the activity. (2) City license required. Except as otherwise provided for by this chapter, no person shall conduct business as either a peddler, solicitor or transient merchant without first having obtained a license from the city. The license period will be no longer than six months from the date of issuance. A single license may be issued to a company covering its employees or agents as long as an application, as described herein, is completed, for each individual person operating in the city. (3) Application. Application for a city license to conduct business as a peddler, transient merchant or solicitor shall be made at least ten regular business days before the applicant desires to begin conducting business on an application form available from the office of the City Clerk. All applications shall be signed by the applicant and shall include the following information: (a) Applicant's full legal name, name of business and applicant's current position; (b) All other names under which the applicant conducts business or to which applicant officially answers; (c) Applicant's permanent home and business address as well as a local address for correspondence; (d) Any and all business related telephone numbers, including a number where the applicant can be reached while conducting business in the city; (e) A brief written description of the nature of the business, the goods to be sold and the applicant's method of operation; (f) A brief statement of the nature, character and content of the advertising done or proposed to be done in order to attract customers (samples may be requested); (g) Full legal name of any and all business operations owned, managed or operated by http:// w- ww.amlegal.com /nxt /gateway.dll/ Minnesota/ linolakes _mn /600businessandactivityl... 1 1 /4/2010 Page 4 of 7 applicant, or for which the applicant is an employee or agent; (h) The length of time which the applicant intends to do business in the city with the approximate dates; (i) A statement as to whether or not the applicant or the person managing the business activities has been convicted within the last five years of any felony, gross misdemeanor or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses; (j) The applicant's driver's license number or other acceptable form of identification. (k) If a vehicle is to be used, a description of the same together with license number or other means of identification; (1) A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; (m) A list of the three most recent locations where the applicant has conducted business as a peddler, solicitor or transient merchant; and (n) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. (Prior Code, § 612.06) (Ord. 01 -89, passed 2 -13 -1989) (4) Fee. All applications for a license under this chapter shall be accompanied by the fee established by ordinance annually in the city fee schedule, as it may be amended from time to time. (5) Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk must determine if the application is complete. An application is determined to be complete only if all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required or necessary information that is missing. If the application is complete, the City Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. The City Clerk will present the license request to the Council as soon as possible. If there exists grounds for denying the license under § 613.05, the Clerk will present that information to the City Council. If the Council denies the license, the applicant must be notified in writing of the decision, the reason for denial and of the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request. (6) License exemptions. (a) No license shall be required of any person going from house -to- house, door -to -door, business -to- business, street -to- street or other type of place -to -place when the activity is for the purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, press, religion and the like, except that this exemption may be lost if the person's exercise of constitutional rights is merely incidental to a commercial activity. (b) Professional fundraisers working on behalf of an otherwise exempt person or group shall not http: / /www.amlegal. corn /nxt /gateway.dll/ Minnesota/ linolakes _mn /600businessandactivityl... 11/4/2010 Page 5 of 7 be exempt from the licensing requirements of this chapter. § 613.05 LICENSE INELIGIBILITY. The following shall be grounds for denying a license under this chapter: (1) The failure of the applicant to truthfully provide any of the information requested by the city as part of the application, or the failure to sign the application or the failure to pay the required fee at the time of application; (2) The conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Those violations shall include but not be limited to burglary, theft, larceny, swindling, fraud, unlawful business practices and any form of actual or threatened physical harm against another person; (3) The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant; and (4) The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than three complaints against the applicant with the Better Business Bureau, the Attorney General's office or other similar business or consumer rights office or agency, within the preceding 12 months. § 613.06 LICENSE SUSPENSION AND REVOCATION. (1) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: (a) Fraud, misrepresentation or incorrect statements on the application form; (b) Fraud, misrepresentation or false statements made during the course of the licensed activity; (c) Conviction of any offense for which granting of a license could have been denied under § 613.05; and (d) Violation of any provision of this chapter. (2) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. (3) Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the local http:// wv, Av .amleual.com /nxt /gateway.dll/ Minnesota/ linolakes _mn /600businessandactivityl... 11/4/2010 • Page 6 of 7 address given on the application. (4) Public hearing. Upon receiving the notice provided in division (3) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision. (5) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the City Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in division (4) of this section. § 613.07 LICENSE TRANSFERABILITY. No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. § 613.08 PROHIBITED ACTIVITIES. •(1) Sell or solicit before the hour of 9:00 a.m. or after one -half hour past sunset unless a previous appointment has been made. (2) Enter or conduct business upon any premise where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. The signs shall have letters a minimum of one -half inch high. (3) Occupy for the purpose of advertising and /or conducting business any area within a sight triangle, at any road intersection. (4) Occupy as a transient merchant, solicitor or peddler, any public right -of -way or other public property for the purpose of advertising and /or conducting business. (5) Obstruct the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right of way. (6) Conduct business in a way as to create a threat to the health, safety and welfare of any individual or the general public. (7) Call attention to business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out or by any other noise, so as to be unreasonably audible within an enclosed structure. (8) Failing to provide proof of license and identification, when requested. (9) Making false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the http:// www .amle`gal.com /nxt /gateway.dl1/ Minnesota /l inolakes _mn /600businessandactivityl... 11/4/2010 Page 7 of 7 endorsement of the city solely based on the city having issued a license or registration to that person. (10) Remaining on the property of another when requested to leave or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. § 613.09 PENALTIES. Whoever does any act forbidden by this chapter or omits or fails to do any act required by this chapter shall be guilty of a misdemeanor and subject to all penalties provided for under Minnesota law. Disclaimer: This Code of Ordinances and /or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation- Additionally. the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site. please contact the Municipality directly or contact American Legal Publishing toll -free at 800 -445 -5588. 2010 American Legal Publishina Corporation techsupport@amlegal.com 1.800.445.5588. http:// www .amlegal.com /nxt /gateway.dll/ Minnesota/ linolakes _mn/600businessandactivityl... 1 1 /4/201 0 • Page 1 of 5 Lino Lakes, MN Code of Ordinances 500: BUSINESS AND ACTIVITY LICENSES CHAPTER 615: SPECIAL EVENTS CHAPTER 615: SPECIAL EVENTS Section 615.01 Purpose and findings 615.02 Definitions 615.03 Permit required 615.04 Application for permit 615.05 Issuance of permit, conditions and posting 615.06 Exceptions to the permit 615.07 Denial of application 615.08 Penalty 615.09 Indemnification 615.10 Applicability § 615.01 PURPOSE AND FINDINGS. The purpose of this chapter is to protect the health, safety and welfare of the citizens of this city by regulating the time, place and manner of conduct of special events and by establishing permit requirements for conducting special events such as are herein defined. The City Council finds that special events often exceed the city's capacity to provide usual city services. These city services include, but are not limited to sanitary, fire, police and utility services. The City Council also finds these regulations necessary to ensure that the events are conducted with sufficient consideration given to public safety issues, including, among other things, the impact of these events on parking and vehicular traffic within the city. (Ord. 03 -07, passed 4 -23 -2007) § 615.02 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. http: / /wwww.am legal.com /nxt /gateway. dl l/ Minnesota/ Iinolakes _mn /600businessandactivityl... 11/4/2010 Page 2 of 5 PERSON. A natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or any other legal entity. • SPECIAL EVENT. An outdoor gathering of at least 50 individuals whether on public or private property, assembled with a common purpose for a period of one hour or longer. SPECIAL EVENTS include, but are not limited to concerts, fairs, carnivals, circuses, parades, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or events of similar nature. SPECIAL EVENTS do not include noncommercial events held on private property such as graduation parties or social parties. • (Ord. 03 -07, passed 4 -23 -2007) § 615.03 PERMIT REQUIRED. No person shall hold, conduct or participate in a special event within the city unless a permit has been issued for the event upon timely written application made to the city. (Ord. 03 -07, passed 4 -23 -2007) § 615.04 APPLICATION FOR PERMIT. In addition to the general licensing application requirements included in § 601.02, each written application for a special event permit must be made at least 45 days in advance of the event's proposed date in a form prescribed by the City Council. This application period shall not begin to run until a complete application has been filed with the city. Application forms shall be made available in the office of the City Clerk. A fee, in the amount specified in the ordinance establishing fees and charges, shall be paid to the city along with the completed application form. In addition to the fee, the applicant shall pay all additional costs incurred by the city as a direct result of the special event. Nonprofit entities, as defined as § 501(c) or (d) by the Internal Revenue Code of 1986 as amended, shall be exempt from payment of the permit application fee but not from city incurred costs. Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the special event permit. (Ord. 03 -07, passed 4 -23 -2007) § 615.05 ISSUANCE OF PERMIT, CONDITIONS AND POSTING. (1) Special event permits will be issued upon City Council approval. The Council may attach reasonable conditions to the permit as are deemed necessary to protect the health, safety and welfare. (2) The conditions may pertain to any of the following: (a) Location and hours during which the event may be held; (b) Sanitation/availability of potable water; • (c) Security /crowd management; http:// www .amlegal.com /nxt /gateway.dll/ Minnesota /lino( akes _mn /600businessandactivity I... 1 1/4/201 0 Page 3 of 5 (d) Parking and traffic issues; (e) Emergency and medical services; (f) Clean -up of premises and surrounding area/trash disposal; (g) Insurance; (h) Lighting; (i) Fire service /safety, including meeting all requirements of the State Fire Code, as it may be amended from time to time; (j) Temporary construction, barricades /fencing; (k) Removal of advertising /promotional materials; (1) Noise levels; (m) Alcohol consumption; (n) Notification of residents or businesses; and (o) Any other conditions which the Council deems necessary. (Ord. 03 -07, passed 4 -23 -2007) § 615.06 EXCEPTIONS TO THE PERMIT. The permit requirement contained in this chapter does not apply to the following: (1) Special events sponsored and managed by the city; (2) Funerals and funeral processions; and (3) The grounds of any school, playground, city or county park, place of worship, hotel conference center, stadium, athletic field, arena, auditorium or similar place of assembly when used for regularly established assembly purposes. (Ord. 03 -07, passed 4 -23 -2007) § 615.07 DENIAL OF APPLICATION. A permit may be denied based upon a determination that: (1) The event would seriously endanger public safety; (2) The event would unreasonably inconvenience the general public; http:// www .amlegal.com /nxt/gateway.dll/ Minnesota / linolakes _mn /600businessandactivityl... 11/4/2010 Page 4of5 (3) The event would unreasonably infringe upon the rights of abutting properties; •(4) The event would conflict with another proximate event or interfere with construction or maintenance work; (5) There are not sufficient safety personnel or other necessary staff to accommodate the event; and (6) Other issues in the public interest were identified by the City Council. (Ord. 03 -07, passed 4 -23 -2007) § 615.08 PENALTY. (1) Any person who violates any condition of a special event permit or any provision of this chapter shall be guilty of a misdemeanor punishable as prescribed by Minnesota State Law. (2) Enforcement of this division may, at the Council's discretion, take any of the following forms: (a) Citation/criminal prosecution; (b) Injunctions, declaratory judgments or other civil remedies; (c) Permit revocation; and (d) Disbursement of persons gathered. (Ord. 03 -07, passed 4 -23 -2007) § 615.09 INDEMNIFICATION. Permit holder agrees to defend, indemnify and hold the city, its officers and employees harmless from any liability, claim, damages, costs, judgments or expenses, including attorney's fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors and omissions of event promoter, its agents, employees, arising out of or by any reason of the conduct of the activity authorized by the permit and against all loss caused in any way be reason of the failure of the event promoter to fully perform all obligations under this section. (Ord. 03 -07, passed 4 -23 -2007) § 615.10 APPLICABILITY. The provisions of this chapter and of all regulations made thereunder and all permits issued thereunder shall be subject to all applicable and controlling provisions of federal, state and city laws and of regulations and orders issued thereunder. (Ord. 03 -07, passed 4 -23 -2007) http:/! www.amlegal.com /nxt /gateway.dll /Minnesota /linolakes_mn/ 600businessandactivityl... 1 1 /4/2010 Page 5 of 5 Disclaimer: This Code o/Dmmonce.uundiv any other documents that appear on this site may not reflect the most current legislation adopted by the Mvn|c/pa/itramo,'m,Laga|p,b[»mngCo,poraunnpmviuesthesodnuuments fo,mmnnaunna/ purposes only. These documents should not be re/euopo:a, the definitive authority for mca/leu's|atmn. Aoctmonm|ly. the formatting and pygma..nno' the pvsteu documents vanes from S mecnmenmcia/c.roaomcio!nnn�mcopy�"ooue�oma=oe,shcumuecoo�dp^o,�sn'a�ion being taken For mct|er information mgaming the official `..m|nocx any ov this Code of Ordinances u, other documents posted on this site. piea:econtact mewvmripe/oty directly u,contact American Legal Publishing toll-free utaoo-445-a5n8. zn10 American Legal PumisxmgCorporation tech»unpurt(@amlegu|.com http://w-ww.amlegal.com/nxt/uateway.d11/Minnesota/linolakes_mn/600businessandactivityl... 11/4/2010 ¥\CDLLt • • Ish(doutd Excerpts From Lino Lakes Zoning Ordinance SECTION 1. TITLE / APPLICATION / RULES Subd. 1. Title and Application. E. Uses Not Provided for Within Zoning Districts. AILD"Isetros 66ft i --4-c In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable inpotential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use. In such cases where, in the judgment of the City Council, there is no comparable use listed, the City Council or Planning and Zoning Board, on their own initiative or upon request from the property owner, may conduct a study to determine if the proposed use is acceptable and, if so, what zoning district would be most appropriate and what conditions and standards should apply to the proposed use. The City Council, Planning and Zoning Board, or property owner, on receipt of the staff study, may initiate an amendment to the Zoning Ordinance consistent with Section 2, Subd. 1. of this Ordinance to provide for the particular use under consideration or shall find that the proposed use is not compatible for development within the City. SECTION 6. RESIDENTIAL DISTRICTS Subd. 1. R -1, Single Family Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. G. Permitted Uses. In the R -1 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities (fourteen (14) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. • 3. Public parks. 4. Single family detached dwellings. 5. State licensed residential care facility serving six (6) or fewer persons. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R -1 District: 1. Accessory apartments as regulated by Section 3, Subd. 10. of this Ordinance. 2. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D of this Ordinance 3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance. 4. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non - commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6. Parking spaces and car ports for licensed and operable passenger cars and trucks. 7. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this Ordinance. (this refers to the parking of vehicles on the property) 9. Signs, as regulated by Appendix C of the City Code. 10. Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. • •