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HomeMy Public PortalAbout525 Ordinance Amending Section 832 838, and 842 of the Code of Ordinances Regarding Temporary Sales EventsCITY OF MEDINA ORDINANCE NO.525 An Ordinance Amending Section 832, 838, and 842 of the Code of Ordinances Regarding Temporary Sales Events The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 832.3.09, Subd. 23 is amended by adding the underlined material and deleting the stricken material as follows: Subd. 23. Temporary Outdoor Sales Events (a) Sales events shall not be conducted on a property for more than 50 60 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential zoning district. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (1) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (2) The City determines that adequate vehicular circulation, pedestrian circulation, and emergency vehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. Ordinance No. 525 March 20, 2012 SECTION II: Medina Code Section 838.5.08, Subd. 18 is amended by adding the underlined material and deleting the stricken material as follows: Subd. 18. Temporary Outdoor Sales Events. (a) Sales events shall not be conducted on a property for more than .50 60 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential zoning district. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (1) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (2) The City determines that adequate vehicular circulation, pedestrian circulation, and emergency vehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. SECTION III: Medina Code Section 842.3.06, Subd. 16 is amended by adding the underlined material and deleting the stricken material as follows: Subd. 16. Temporary Outdoor Sales Events. (a) Sales events shall not be conducted on a property for more than 5-0 60 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. Ordinance No. 525 2 March 20, 2012 (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential land use. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (i) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (ii) The City determines that adequate vehicular circulation, pedestrian circulation, and emergency vehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. SECTION IV: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this 20th day of March, 2012. T.M. Crosby, Jr., May ATTEST: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this 29`h day of March, 2012. Ordinance No. 525 3 March 20, 2012