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Item No: 4 <br />Meeting Date: April 5, 2004 <br />Type of Business: Discussion <br />Administrator Review: ____ <br />City of Mounds View Staff Report <br />To: Honorable Mayor and City Council <br />From: Kristin Prososki, Planning Associate <br />Item Title/Subject: Consideration of Possible Revisions to the Zoning <br />Code Pertaining to Temporary Outdoor Sales; Special <br />Planning Case SP-113-02 <br />Introduction: <br />Chapter 504 of the Municipal Code requires that peddlers, solicitors and transient <br />merchants obtain a permit before conducting sales. The Zoning Code (Chapter 1100), <br />however, requires a conditional use permit for outdoor sales in a B-3, Highway Business <br />District, and B-4, Regional Business District. Past practice has been to issue permits for <br />temporary sales, which is in violation of the Zoning Code. According to Code, a <br />conditional use permit should be obtained for any type of outdoor sales. <br /> <br />Discussion: <br />Through a conditional use permit, the Zoning Code allows “open or outdoor service, sales <br />and rental” as a principal or accessory use in a B-3, Highway Business District and as an <br />accessory use in a B-4, Regional Business District. The Code is silent regarding outdoor <br />sales in other zoning districts, which means that it is prohibited. Based on <br />recommendations from the Planning Commission, Staff has drafted an ordinance to <br />correct the inconsistency in the Code. (See attachment.) Staff and the Planning <br />Commission recommend that temporary outdoor sales be allowed as a permitted <br />accessory use in a B-1, Neighborhood Business District. Due to the way that accessory <br />uses are structured in the code, this would allow temporary outdoor sales as a permitted <br />accessory use in all commercial zoning districts. Staff and the Planning Commission <br />recommend allowing temporary outdoor sales to occur for up to ten (10) days in any <br />commercial district. The temporary sale could occur up to three (3) times per year and <br />each permit period must be separated by a minimum of thirty (30) days. Applicants would <br />be required to obtain a permit from the City and meet the following conditions: the sales <br />area must be grassed or surfaced to control dust, the sale cannot take up parking space <br />and lighting must be hooded and directed away from the public right of way and <br />neighboring residences. In addition, the draft ordinance limits the hours of operation to <br />7:00 AM to 10:00 PM. This revision would provide consistency throughout the code and <br />would allow short-term sales to be conducted without the conditional use process. <br /> <br />Recommendation: <br />Review the draft ordinance and direct Staff to make changes as necessary. <br /> <br />Respectfully submitted, <br /> <br /> <br />Kristin Prososki <br />Planning Associate <br /> <br />Attachments: Planning Commission Resolution <br /> Draft Ordinance