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Item No: 9A Meeting Date: April 26, 2004 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: First Reading and Introduction of Ordinance 733, an Ordinance Amending the Zoning Code Relating to Temporary Outdoor Sales; Special Planning Case SP-113-02 Introduction: Chapter 504 of the Municipal Code requires that peddlers, solicitors and transient merchants obtain a permit before conducting sales. The Zoning Code (Title 1100), however, requires a conditional use permit for outdoor sales in a B-3, Highway Business District, and B-4, Regional Business District. Past practice has been to issue permits for temporary sales, which is in violation of the Zoning Code. According to Code, a conditional use permit should be obtained for any type of outdoor sales. Discussion: This item was brought before the Council at the Monday, April 5, 2004 work session. At that time, two specific concerns/suggestions were raised. One suggestion was to add a stipulation that the applicant must have the written approval from the owner of the property where the sale is to be conducted. Staff added this requirement to Ordinance 733. The other concern was regarding a State rule that allows a farmer to sell his/her products without obtaining a permit. The City Attorney and Staff researched the rule and found that Article 13, Section 7 of the Minnesota Constitution states the following: “NO LICENSE REQUIRED TO PEDDLE. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.” Staff added language that addresses this portion of the Minnesota Constitution and notes that it provides an exception to the permit requirement. In addition to the comments from the Council, Staff and the Planning Commission recommend that temporary outdoor sales be allowed as a permitted accessory use in a B-1, Neighborhood Business District. Due to the way that accessory uses are structured in the code, this would allow temporary outdoor sales as a permitted accessory use in all commercial zoning districts. Staff and the Planning Commission recommend allowing temporary outdoor sales to occur for up to ten (10) days in any commercial district. The temporary sale could occur up to three (3) times per year and each permit period must be separated by a minimum of thirty (30) days. Applicants would be required to obtain a permit from the City and meet the following conditions: the sales area must be grassed or surfaced to control dust, the sale cannot take up parking space and lighting must be hooded and directed away from the public right of way and neighboring residences. In addition, the ordinance limits the hours of operation to 7:00 AM to 10:00 PM. This revision would provide consistency throughout the code and would allow short-term sales to be conducted without the conditional use process.