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Transient Merchant and Sales Lot Zoning Text Amendment 05-21-TAAGENDA ITEM: 05 -21 -TA Transient Merchant and Sales Lot Zoning Text Amendment AGENDA SECTION: New Business PREPARED BY: Charlie O'Brien, Code Enforcement Official AGE. �3 CIYi A ATTACHMENTS: Draft City Code Amendment Ordinance, Draft Zoning Ordinance Amendment, Draft 04/26/05 PC Minutes APPROVED BY:Clif RECOMMENDED ACTION: First Reading discussion only ACTION: City Council Meeting Date: May 17, 2005 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION ISSUE The application is to amend the Zoning Ordinance and City Code to create a new Interim Use in the Zoning Ordinance and update the licensing process for Peddlers, Solicitors, and Transient Merchants in City Code The process changes will better serve the needs of residents, and the local business community, while protecting residents from fraudulent or abusive peddling or solicitation and adjacent property owners from the impact of transient merchant sales lots. BACKGROUND Staff is receiving increased requests for information related to transient merchant licensing, especially with the advent of legalized consumer fireworks now allowed by state statute. The Police Department has had difficulty dealing with complaints received regarding peddlers and solicitors who, have behaved rudely, used profanity while on the property of a citizen, not carried or displayed the required licensing, or conducted business in the City with no license. There have also been complaints regarding peddlers or solicitors conducting business too late in the evening. The Zoning ordinance does not address transient merchants or sales lots as uses while the City Code licenses them. PLANNING COMMISSION PUBLIC HEARING On April 26 2005, the Planning Commission conducted a public hearing to review the effects of the ordinance changes to the zoning ordinance. The Commissioners supported the necessary zoning amendments to create an interim use in certain commercial districts to legitimize transient merchant activity. There was a question as to whether some of the regulations were new and would they negatively impact existing transient sales such as the Boy Scouts Christmas tree sales. Staff explained that these types of businesses would now need an IUP before they can operate their business. Typically after the first year of the sales, if everything goes according to the ordinance standards and other approved conditions, the IUP is granted for a longer than one year duration. SUMMARY These amendments will have little impact on local businesses. The amendments address peddlers, solicitors, and transient merchants who come into the city to conduct business. The recent legalization of certain consumer fireworks by State Statute and subsequent City Ordinance are causing an increase in interest in transient merchant activity, as will new retail areas that are being developed that contain spaces that transient merchants will see as attractive spaces to conduct their business. Previously transient merchants have leased vacant storefronts or lots to conduct their business using the outdoor sales and display of merchandise conditional use allowance for a primary use as their means of skirting the zoning ordinance The zoning ordinance amendment gives a concrete process to follow for outdoor sales, which was not always clear previously It also provides specific standards which must be met to ensure that the existing business or adjoining businesses are not negatively affected. The IUP process also allows the City to place appropriate conditions on the operation which may be site specific. Citizens have complained of rudeness, abusiveness, solicitation or peddling contacts at late hours, and fraudulent practices. The changes in the licensing allows the City to address this type of behavior Staff researched various ordinances from other jurisdictions and compiled proposed amendments to address the lack of interim use permitting and review of proposed sales sites; deficiencies in the ability to investigate and deny license applications with clearly stated reasons, continued violations created by evolving sales and solicitation practices. The proposed amendments: 1. Address conflicts between the zoning ordinance and city code. 2 Allows reasonable use of commercial districts for transient merchants and outdoor sales lots through an Interim Use Permit in conjunction with a Transient Merchant License. 3. Reduces the impact to adjacent properties by creating a one hundred foot (100') buffer between outdoor sales lots and any adjacent residential properties. 4. Creates clear standards for the rejection of applications for licensing as a Transient Merchant for those with previous bad business reputations or violations in other cities, criminal backgrounds, or who have previously demonstrated that they are problematic in their business conduct in our city. 5. Creates standards for the immediate suspension of a Peddler, Solicitor, or Transient Merchant License including all individual licensees of a group license who are found to be conducting their business activities in a manner that endangers the public or is in violation of the prohibited practices enumerated within the ordinance. The main changes to the ordinance will be located within the City Code. However, because the zoning ordinance enumerates the various allowed uses on a property, modifications are needed in the zoning ordinance to create the Transient Merchant Interim Use and bring the code current Staff recommends the adoption of the amendments to Chapter 3 -5 of the City Code and the necessary amendments to the Zoning Ordinance. RECOMMENDATION Hold the first reading of the two ordinance text amendments, one in City Code and one in the Zoning Ordinance. Sections: CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. XV1.55 AN ORDINANCE AMENDMENT PERTAINING TO THE LICENSING AND REGULATION OF; TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS AND THE CREATION OF AN INTERIM USE IN THE ZONING ORDINANCE PERTAINING TO TRANSIENT MERCHANTS AND OUTDOOR SALES LOTS. THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section One: Chapter 3 -5 of the Rosemount City Code is amended as follows: 3 -5 -1: 3 -5 -1: Chapter 5 Licensing of Peddlers, Solicitors and Transient Merchants 3 -5 -1: Purpose 3 -5 -2: Definitions 3 -5 -3: License Required 3 -5 -4: Exclusions 3 -5 -5: Application 3 -5 -6: Investigation and License Issuance 3 -5 -7: Duration of License 3 -5 -8: License Fees 3 -5 -9: Use of Streets /Site Requirements 3 -5 -10: Exhibition of License and Identification 3 -5 -11: Prohibited Practices 3 -5 -12: Revocation of License 3 -5 -13: Appeal 3 -5 -14: Reapplication 3 -5 -15: Penalty 3 -5 -16: Statutory Citations 3 -5 -17: Conflict of Chapter 3 -5 -1: Purpose: This Chapter is not intended to in any way hinder, delay or intcrfereinterfere in any way with legitimate business or organizational activities. The City Council finds, however, that solicitors have used public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit or menacing, troublesome or unlawful activities. This Chapter is intended to identify and control: 1) businesses and organizations using solicitation as a means of concealing unlawful activities; and 2) businesses and organizations whichthat, though itsthcir activities be lawful or even commendable, use such illegitimate practices in solicitation; and 3) individual natural persons who, though they represent lawful businesses and organizations, use such illegitimate solicitations practices.: and 4) the operation of open sales lots in the city to ensure that they are safely operated in a manner that will not impede public nghts -of -way or the safety of pedestrians or vehicles passing or participating in activities at outdoor sales lots (Ord. XVL24, 6 -1 -93) 3 -5 -1 3 -5 -2 3 -5 -2: Definitions: For the purpose of this Chapter, the terms defined herein shall have the following meanings. Peddler: Any person or persons who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers. Sales Lot: Sales lot shall mean; an outdoor area, not enclosed within a building that may include allowed temporary structures used for temporary display of merchandise for sale which is not the principal use of the property but is in compliance with the requirements of the zoning district in which it is located. Examples of such use include seasonal display and sale of Chnstmas trees, gardening or nursery products, consumer fireworks, or other similar goods. Solicitor: Any person who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, penodicals or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether he /she is collecting advance payments on such orders. Such definition includes any person, who erfor himself/herself, or another person, firm or corporation, hires, leases, uses, or occupies any building, motor vehicle, structure or other place within the City for the pnmary purpose of exhibiting samples and taking orders for future delivery. Transient Merchant Any person, individual, copartnership, ardor corporation, both-either as principal or and agent, who engages in, does or transacts any temporary and transient business in this State, either in one locality or in traveling from place to place in this State, selling goods, wares and merchandise; and who for the purpose of carrying on such business, hires, leases, occupyies or uses a building, structure, ehicle, trailer, tent or other portable shelter, or vacant lot or railroad car for the exhibition and sale of such goods, wares and merchandise. The term "transient merchant: does not include a seller or exhibitor in a firearms collector show involving two (2) or more sellers or exhibitors. (Ord. XVL24, 6 -1 -93) 3 -5 -3: 3 -5 -4 3 -5 -3: License Required: It is unlawful for any peddler, solicitor, Of transient merchant or operator of any temporary sales lot to engage in any such business within the City without first having obtained a license or permit from the City -Clerk and any license or permit required by Dakota County or the State of Minnesota in compliance with the provisions of this Chapter, the Zoning Ordinance, County Ordinances or State Statutes except those specifically excluded by Section 3 -5 -4 of this Chapter (Ord XVI.24 6 -1 -93) A. The license is non transferable to either another person or another location. B. The applicant must be at least eighteen (18) years of age. C. The premises are subject to inspection by City employees during normal business hours or by emergency personnel as necessary. 3 -5 -4: Exclusions: Except as provided in subsection GH of this Section, no person shall be required to obtain a license in the following instances: A. A solicitor doing business by appointment. B. A solicitor taking orders for the future door -to -door delivery of newspapers. C. Salespeople selling goods to retail or wholesale stores or to professional or industrial establishments. D. The conduct of "garage sales" or "rummage sales E. No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. F. School aged children selling items for fundraisers. G. Any canvassing, soliciting or fund raising for the purpose of charitable organizations if such an organization is registered with the State Department of Commerce pursuant to the provisions of Minnesota Statutes Section, 309.515, 309.52, 309.53 as a charitable organization or exempted pursuant to the provisions of Minnesota Statutes 309.515, provided documentation is filed with the City Clerk giving the following information. 1. Name and address of the organization; 3 -5 -4 3 -5 -5 2. Name, address and physical description of the person seeking to register on behalf of the organization; 3. Names and addresses of all of the officers and no more than four (4) directors of the organization; 4. Period during which canvassing, solicitation or fund raising is to be carried on; 5. Purpose of the cause for which registration is sought; and 6. Evidence of registration with the Department of Commerce or exemption from registration pursuant to Minnesota Statutes 309.515. Upon receipt of the statements required in this subsection and receipt of evidence that such organization is a charitable organization, the City Clerk shall issue a license without a license fee. (Ord. XVI.24, 6 -1 -93) 3 -5 -5: Application: In addition to such information as the City Clerk may require, the application shall also include. A. The full legal name. and business and home address, and phone number of the applicant and all other names under which the applicant conducts business. B. A physical description of the applicant including, hair color, eye color, height weight, date of birth, and distinguishing marks and features. C. The full name, address, phone number, physical descriptive information and date of birth of all persons associated with the applicant in the applicant's who will be conducting the applicant's business within the city:. &D. A bsiepwntten description of the nature of the business, the goods to be sold and the applicant's method of operation. E. If employed, the name and address of the employer, together with credentials establishing the exact relationship. D F. The length of time which exact dates the applicant intends to do business in the City with G. The place where the goods or property proposed to be sold, or order taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed and the proposed method of delivery. 3 -5 -5: 3 -5 -6: RH. A statement as to whether er net-the applicant or the peesen the agent managing the business has been convicted of any crime, misdemeanor or violation of any Municipal or County -ordinance or State Statute involving activities licensed under this Chapter, the nature of the offense and the punishment or penalty assessed therefore. Fr.I. If a vehicle or vehicles is will te-be used, a description of the same together with the license number of the vehicle or vehicles to be used J. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sales or by taking orders for future delivery. I K. The dDnvers ~License number, State Identification Card number, or Military Identification Card number from a currently valid form of these identifications of obtained from the applicant and all persons list.d in subsection A of this .,ection who will be conducting business within the city under the license if issued. L. Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. ISM In the case of transient merchants and sales lots the place where the business is to be carried on and a copy of the lease for such place or a letter signed by the owner thereof authorizing the use. (Ord. XVI.24, 6 -1 -93) 3 -5 -6: Investigation and License Issuance: A. There will be a fourteen (14) day waiting period between the application and issuance of the license during which period of time the Chief of Police shall make such investigation of the applicant's business moral character as hethe Chief of Police shall deem necessary for the protection of the public good. The License may be issued by the City Clerk when the foregoing investigation is completed. B. The issuance of the license shall be denied for the following causes: f Mimeo,.ota Statutes, chapt r 329 r f this Chapter. (Ord. XVI.21, 6 1 93) 1. Failure of the applicant to obtain and show proof of having obtained any required County or State license or registration; 3 -5 -6: 2. Failure of the applicant to truthfully provide any of the mfonnation requested by the city as a part of the application, or the failure to sign the application or the failure to pay the required fee at the time of application, or the failure to provide the required liability insurance information; 3. 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 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. 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; 4. The revocation within the past five (5) years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant, 3 -5 -9 5. 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 (3) 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 twelve (12) months, or six (6) complaints filed against the applicant within the preceding five (5) years. 3 -5 -7: Duration of License: All licenses issued pursuant to this Chapter shall expire at midnight of December 31 in the year when issued. (Ord. XVI.24, 6 -1 -93) 3 -5 -8: License Fees: Fees shall be set from time to time by City Council resolution. (Ord. XVI.24, 6 -1 -93) 3 -5 -9: Use of Streets and She Req uirements: A. No peddler or solicitor shall have any exclusive rights to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this Chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. (Ord. XVI.24, 6 -1 -93) 3 -5 -9: 3 -5 -9: B. Site Requirements: 1. Sales lots: a. Adequate off street parking, with a surface in compliance with section 8 -2 -2 -1 of the City Code, shall be provided for both the pnncipal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. b. Lighting shall be provided as is necessary for security, safety and traffic circulation. c. The sales lot must be set back a minimum of ten feet (10') from the property line; or the parkin° setback required by the particular zoning district within which the sales lot is to be located whicheverprovides the greater setback. No portion of the site shall be located within one hundred feet (100') of any developed residential property. d. Licenses for sales lots on residentially zoned property are riot permitted. e. Signagc, exclusive of the posting of the required license, shall require and comply with temporary sign permit requirements. f. The application shall include a detailed site plan of the premises and the area proposed for the lot including temporary shelter structures if any. Onsite structures must conform to all applicable codes and ordinances. g. Proof of adequate liability insurance issued by a company licensed to do business In the State of Minnesota showing that the insurance will be in effect for the entire time the licensee's business will be conducted in the city, and providing for prior notification to the City of Rosemount should the insurance be cancelled, shall be provided to the city. h. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than ten percent (10 of the total lot area of the principal use or approved PUD so as to not interfere with pedestrian safety. vehicular movement, emergency access and existing business activities. i. The sales lot site shall be completely surfaced with concrete blacktop or brick pavers to control dust and erosion. The surface shall be properly maintained to prevent deterioration 3 -5 -10: 3 -5 -11: 3 -5 -10: Exhibition of License and Identification: All licenses issued under this Chapter, including those issued to individual company representatives, shall be carried by the licensee upon their person at all times while conducting business within the city; or in the case of a transient merchant, conspicuously posted in such merchant's place of business. The State Dm ers License, State identification Card, or Military Identification Card provided at the time of application for licensing shall also be carried at all times by the licensee while conducting business within the city. Such license and identification shall be shown at the request of any citizen, Police Officer, City Inspector or other city employee designated or charged with enforcing the requirements of this ordinance. (Ord. XVI.24, 6 -1 -93) 3 -5 -11: Prohibited Practices: No person under the provisions of this Chapter shall: A. Sell or solicit before the hours of nine o'clock (9.00) A. M. or after time eight o'clock (98:00) P M., unless a previous appointment has been made. B. Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed such signs shall have letters a minimum of one -half inch (1/2 high. C. Occupy for the purpose of advertising and /or conducting business any area within a sight triangle, at any road intersection. D. Occupy as a transient merchant, solicitor or peddler, any public right of way for the purpose of advertising and/or conducting business. E. Occupy as a transient merchant, solicitor or peddler public property for the purpose of advertising and/or conducting business unless approved by the City Council. (Ord. XVL24, 6 -1 -93) F. Remain on the property of another when requested to leave, or otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. Upon violation of these prohibited practices the City may immediately suspend the license until a hearing can be held. 3 -5 -12: 3 -5 -12: 3 -5 -12: Revocation of License: Licenses issued under the provisions of this Chapter may be revoked by the City Council of the City after notice and hearing for any of the following causes: A. Fraud, misrepresentation or incorrect statement contained in the application for license. B. Fraud, misrepresentation or incorrect statement made in the course of carrying on business as a solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor. C. Any violation of this Chapter. D. Conviction of a crime or misdemeanor. E. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. F. Emergency situations. If, in the discretion of the Chief of Police, Fire Marshall, or Building Official, imminent harm to the health or safety of the public may occur because of the actions of a person, or the condition of the sales site or structure licensed under this chapter, the city may immediately suspend the license and provide notice of the right to hold a subsequent public hearing as prescribed in this Chapter. G. Suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business on behalf of the licensee whose license is suspended or revoked. Notice of heanng for revocation of a license shall be given by the City Clerk in writing, setting forth specifically the grounds of complaint and the time and place of heanng. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing, or shall be deliveredbe delivered by a police officer in the same manner as a summons at least three (3) days prior to the date set for hearing_ Exception. The Prohibited Practices subsection, 3 -5 -11, and Emergency Situation clause, 3 -5 -13 subsection 3 -5 -12; F, allow for suspension of a license by the city in certain situations with notice of hearing and revocation to follow. (Ord. XVI.24, 6 -1 -93) 3 -5 -17 3 -5 -13: Appeal: Any person aggrieved by the action of the Chief of Police or the City eClerk in the denial of a license as provided in Section 3 -5 -6 of this Chapter may appeal to the City Council Such appeal shall be taken by filing with the City Council within fourteen (14) days after notice of action complained of, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing in the same manner as provided in Section 3 -5 -12 of this Chapter for notice of hearing on revocation. (Ord. XVI.24, 6 -1 -93) 3 -5 -14: Reapplication: No licensee whose license has been revoked shall make further application until at least six (6) twelve (12) months have elapsed since the last previous revocation. (Ord. XVI.24, 6 -1 -93) 3 -5 -15: Penalty: Any person(s) who shall violates anythe terms or provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as descnbed in Title 1 Chapter4 of this Code either case, the costs of prosecution. (Ord. XVI.24, 6 -1 -93) 3 16: Statutory Citations: Any specific citations to Minnesota State Statutes within any sections of this chapter sections or subsections shall be considered to include any amendments to those Statutes. 3 17: Conflict of Chapter: In any case where a provision of this Chapter is found to be in conflict with a provision of any zoning, building, fire, safety. or health ordinance or code in this City, the provision that establishes the higher standard for the promotion and protection of health and safety shall prevail In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or code of the City existino on the effective date of this Chapter that established a lower standard for the promotion and protection of health and safety, then the provision of this Chapter shall be deemed to prevail. The determination of the applicability of this Chapter, in light of the above rules of interpretation, shall be made by the City and its determination shall be final. AN ORDINANCE PERTAINING TO THE DISPLAY OF BUILDING ADDRESS NUMBERS ON STRUCTURES WITHIN THE CITY Section One: The Rosemount Zoning Ordinance Sections 3.2, 4.11, 6.11, 6.13, and 6.14 are amended as follows: 3.2 DEFINITIONS Sales Lot: Sales lot shall mean; an outdoor area, not enclosed within a building that may include allowed temporary structures used for temporary display of merchandise for sale which display is not the principal use of the property but is in compliance with the requirements of the zoning district in which it is located. Examples of such use include seasonal display and sale of Christmas trees, gardening or nursery products, consumer fireworks, or other similar goods. Transient Merchant Any person, individual, copartnership, or corporation, either as principal or agent, who engages in. does or transacts any temporary and transient business in this State either in one locality or in traveling from place to place in this State selling goods wares and merchandise• and who for the purpose of carrying on such business hires leases occupies or uses a building, structure vehicle trailer tent or other portable shelter or vacant lot for the exhibition and sale of such goods, wares and merchandise. The term "transient merchant: does not include a seller or exhibitor in a firearms collector show involving two (2) or more sellers or exhibitors. (Ord. XVI.24, 6 -1 -93) 4.11: TEMPORARY BUILDINGS: CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. B- E. Temporary structures allowed by interim use permit associated with sales lots that are in compliance with all budding code, fire code, zoning ordinance City Code County ordinance, or State Statute applicable to transient merchants, temporary structures, or sales lots. 6.11 C -2 DOWNTOWN COMMERCIAL DISTRICT F. Additional Design Standards: 1. Buildings: a. The exterior wall surfaces of all buildings within the C -2 Central Business Commercial District shall be constructed of one hundred percent (100 brick or an equivalent, excluding all doors and windows. Non earth tone brick shall be limited to architectural accents. 1). Exception: Temporary structures allowed by an intenm use perrnit associated with sales lots that are in compliance with all building code, fire code, zoning ordinance City Code, County ordinance, or State Statute applicable to transient merchants, temporary structures, or sales lots. G. interim Uses: The following uses shall be permitted interim uses. 1. Transient Merchant Sales Lots as regulated by City Code chapter 3 -5 and the Zoning Ordinance, provided that: a. The owner and /or operator of the outdoor sales lot shall have written permission of the property owner of the property on which the sale or event is located and shall have said written permission available for inspection if requested. b. No portion of the sales lot or any advertising for the event shall take place within any public right -or -way or intersection sight triangle. A minimum ten -foot (10') setback. or the minimum parking setback for the applicable zoning district if it provides for a greater setback, shall be maintained from all property lines and no portion of the use shall take place within one hundred feet (100') of any property line of any residential use or residentially zoned property. c. Any signage for the outdoor sale lot or event shall comply with the temporary signage requirements contained in Chapter 10 of the Zoning Ordinance. d. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot or event shall comply with all applicable building codes and permit requirements. e. Hours of operation shall be subject to the requirements of chapter 3 -5 of the City Code. f. Adequate off street parking, with a surface in compliance with section 8 -2 -2 -I of the City Code shall be provided for both the principal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. g. No parking related to the outside sales lot or event shall be pennitted on adjacent parcels without the prior written consent of the adjacent parcel owner. Said written permission shall be available for inspection if requested. h. A detailed site plan showing; the outdoor sales lot area and dimensions, access and egress to the site, all structures, setbacks, signage, parking, and any other information requested to approve the outdoor sales lot shall be submitted for approval with application materials required for an interim use permit and an outdoor sales lot in Chapter 3 -5 of the City Code. i. Outdoor sales lots for consumer fireworks sales shall meet the specialized requirements laid out in Minnesota Statute, Section 624.20, City Code Chapter 6- 4, and all other applicable Zoning, City Code, Fire Code, County Ordinance, or State Statutes. 1. The penod during which the permitted use may continue will be specified by the City Council, but in no case will be longer than sixty (60) days. 6.13 C -3 HIGHWAY COMMERCIAL DISTRICT F. Additional Design Standards: 1. Buildings: a. The exterior wall surfaces of all buildings within the C -3 Highway Commercial Distnct shall be constructed of one hundred percent (100 brick or an equivalent. Non earth tone brick shall be limited to architectural accents. 1). Exception: Temporary structures allowed by an interim use permit associated with sales lots that are in compliance with all building code, fire code, zoning ordinance, City Code. County ordinance, or State Statute applicable to transient merchants, temporary structures, or sales lots. G. Interim Uses: The following uses shall be permitted interim uses. 1. Transient Merchant Sales Lots as regulated by City Code chapter 3 -5 and the Zoning Ordinance, provided that: a. The owner and /or operator of the outdoor sales lot or event shall have written permission of the property owner of the property on which the sale or event is located and shall have said written permission available for inspection if requested. b. No portion of the sales lot or any advertising for the event shall take place within anypublic right -or -way or intersection sight triangle. A minimum ten -foot (10') setback, or the minimum parking setback for the applicable zoning district if it provides for a greater setback, shall be maintained from all property lines and no portion of the use shall take place within one hundred feet (100') of any property line of any residential use or residentially zoned property. c. Any st gznage for the outdoor sale lot or event shall comply with the temporary sienaee requirements contained in Chapter 10 of the Zoning Ordinance. d. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot or event shall comply with all applicable building codes and permit regturerncnts. e. Hours of operation shall be subiect to the requirements of chapter 3 -5 of the City Code. f. Adequate off street parking, with a surface in compliance with section 8 -2 -2 -I of the City Code shall be .rovided for both the inc al and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. g• No parking related to the outside sales lot or event shall be permitted on adjacent parcels without the pnor written consent of the adjacent parcel owner. Said wntten permission shall be available for Inspection if requested h. A detailed site plan showing; the outdoor sales lot area and dimensions, access and egress to the site, all structures, setbacks, sianage, parking, and any other information requested to approve the outdoor sales lot shall be submitted for approval with application materials required for an interim usepermit and an outdoor sales lot in Chapter 3 -5 of the City Code. i. Outdoor sales lot for consumer fireworks sales shall meet the specialized requirements laid out in Minnesota Statute, Section 624.20, City Code Chapter 6- 4, and all other applicable Zoning, City Code, Fire Code. County Ordinance. or State Statutes j. The period during which the permitted use may continue will be specified by the City Council, but in no case will be longer than sixty (60) days. 6.14 C4 GENERAL COMMERCIAL DISTRICT F. Additional Design Standards: 1. Buildings: a. The exterior wall surfaces of all buildings within the C -4 General Commercial District shall be constructed of at least fifty percent (50 brick. The remaining fifty percent (50 of the wall surface may be natural stone or rock or an equivalent or better. Prohibited materials for exterior wall finishes are rock face block, masonry concrete, metal and wood, and tip up concrete panels. Non earth tone brick shall be limited to architectural accents. 1). Exception Temporary structures allowed by an interim use permit associated with sales lots that are m compliance with all building code, fire code, zoning ordinance, City Code, County ordinance, or State Statute applicable to transient merchants, temporary structures, or sales lots. G. Interim Uses: The following uses shall be permitted interim uses. Transient Merchant Sales Lots as regulated by City Code chapter 3 -5 and the Zoning Ordinance with the following conditions: a. The owner and/or operator of the outdoor sales lot or event shall have written pennission of the property owner of the property on which the sale or event is located and shall have said written pcinnssion available for inspection if requested. b. No portion of the sales lot or any advertising for the event shall take place within any public right -or -way or intersection sight tnangle. A minimum ten -foot (10') setback, or the minimum parking setback for the applicable zoning district if it provides for a greater setback, shall be maintained from all property lines and no ATTEST: portion of the use shall take place within one hundred feet (100') of any property line of any residential use or residentially zoned property. c. Any signage for the outdoor sale lot or event shall comply with the temporary signage requirements contained in Chapter 10 of the Zoning Ordinance. d. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot or event shall comply with all applicable building codes and permit requirements. e. Hours of operation shall be subject to the requirements of chapter 3 -5 of the City Code. f. Adequate off street parking, with a surface in compliance with section 8 -2 -2 -I of the City Code, shall be provided for both the pnncipal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns g. No parking related to the outside sales lot or event shall be permitted on adjacent parcels without the prior written consent of the adjacent parcel owner. Said written permission shall be available for inspection if requested. h. A detailed site plan showing; the outdoor sales lot area and dimensions, access and egress to the site, all strictures, setbacks signage, parking and any other information requested to approve the outdoor sales lot shall be submitted for approval with application materials required for an interim use permit and an outdoor sales lot in Chapter 3 -5 of the City Code. i. Outdoor sales lot for consumer fireworks sales shall meet the specialized requirements Laid out in Minnesota State Statute 624.20, City Code Chapter 6 -4, and all other applicable Zoning, City Code, Fire Code, County Ordinance, or State Statutes i. The period during which the permitted use may continue will be specified by the City Council, but in no case will be longer than sixty (60) days. Adopted this day of 2005. Linda Jentink, City Clerk William Droste, Mayor Published this day of 2005 in the Rosemount Town Pages. Excerpt from the Regular Planning Commission Meeting of April 26, 2005 Public Hearing: 5D. Case 05 -21 -TA Transient Merchant and Sales Lot Zoning Text Amendment. Code Enforcement Official O'Brien reviewed the staff report. City staff has received more requests for transient merchant licensing, especially related to recently legalized consumer fireworks sales as allowed by Minnesota Statute and city code. Review was previously administrative. The amendment provides a public mechanism and ordinance standards for review of transient merchant sales. Chairperson Messner asked the Commissioners for any questions for Mr. O'Brien. Commissioner Zum asked if this was a standard ordinance in most communities. Mr. O'Brien stated it is standard and using the IUP is the best way to handle it since you have an end date. Chairperson Messner questioned if there was a definition for Transient Merchants. Mr. O'Brien responded that there is a definition in the City Code and State Statute and that a definition will be added to the zoning code. Discussion was held regarding what type of businesses would be affected by the ordinance. Community Director Lindquist said this process will require applicants to pay a fee and a public hearing would be held. The City could regulate the location and parking and review it on an annual basis. This ordinance is for the longer term sales not incidental sales like the farmer's market Chairperson Messner opened the Public Hearing. There was no public comment. MOTION by Powell to close the Public Hearing. Second by Humphrey. Ayes: Schultz, Zurn, Messner, Humphrey, and Powell. Nayes: None. Motion carried. Chairperson Messner asked for any follow up questions or discussion. MOTION by Zurn to recommend that the City Council approve the proposed amendments relating to transient merchants. Second by Powell. Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nayes: None. Motion carried.