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Item No: 6 <br />Meeting Date: January 21, 2004 <br />Type of Business: Discussion <br />City of Mounds View Staff Report <br />To: Mounds View Planning Commission <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 /> <br />Introduction: <br /> <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. This topic has <br />been brought before the Planning Commission in the past, but due to changes in Staff, a <br />conclusion was not reached. <br /> <br />Discussion: <br /> <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 previous <br />discussion on the topic, Staff recommends that temporary outdoor sales be allowed as a <br />permitted accessory use in a B-1, Neighborhood Business District. Due to the way that <br />accessory uses are structured in the code, this would allow temporary outdoor sales as a <br />permitted accessory use in all commercial zoning districts. Staff recommends that <br />temporary outdoors sales as an accessory use be limited to ten (10) days or less, and <br />that any type of sales that will exceed ten (10) days be required to obtain a conditional <br />use permit. This would provide consistency throughout the code and would allow short- <br />term sales to be conducted without the conditional use process. Temporary sales of ten <br />(10) days or less would still require a permit. <br /> <br />Recommendation: <br /> <br />Staff is seeking input from the Planning Commission regarding possible amendments to <br />the Code. Based on discussion, Staff will draft an ordinance to correct the inconsistency <br />and create a reasonable system for temporary outdoor sales. <br /> <br /> <br />Respectfully submitted, <br /> <br /> <br />Kristin Prososki <br />Planning Associate <br />