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HomeMy WebLinkAbout7.a. Transient Merchant and Sales Lot Zoning Text AmendmentAGENDA ITEM: 05 -21 -TA Transient Merchant and Sales Lot Zoning Text Amendment AGENDA SECTION: Old Business PREPARED BY: Charlie O'Brien Code Enforcement Official AGE r;. z i ATTACHMENTS: Draft City Code Amendment Ordinance, Draft Resolution, Draft Zoning Ordinance Amendments, Draft Resolution APPROVED BY: RECOMMENDED ACTION: Motion to adopt an ordinance pertaining to the licensing and regulation of Peddlers, Solicitors and Transient Merchants within the City Motion to approve a Resolution Authorizing Publication of Ordinance No. XVI.55 Amending Chapter 3 -5 of the City Code. Motion to adopt an ordinance amending the zoning regulations pertaining to the creation of an Interim Use related to Transient Merchants and Sales Lots in certain Commercial Districts within the City Motion to approve a Resolution Authorizing Publication of Ordinance No. B -155 Amending Ordinance B, The Zoning Ordinance. ACTION: 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 of Peddlers, Solicitors, and Transient Merchants process in City Code that will better serve the needs of residents and the local business community while still protecting residents from fraudulent or abusive peddling or solicitation and adjacent property owners from the impact of transient merchant sales lots. BACKGROUND The City Council held the first reading on the two ordinances at their May 17, 2005 meeting Based upon the Council direction there have been some minor modifications to the City Code amendment. 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 SUMMARY As a result of the discussion at the City Council meeting on May 17 2005, regarding the Peddler, Solicitor, Transient Merchant license amendments the following changes were made to the amendment text. A definition for "School Aged Children" was inserted in Chapter 3 -5 -2 of the City Code, as follows: "School Age Children: School age children shall mean, children eighteen (18) years of age and under involved in selling or soliciting orders for items in conjunction with fundraisers for schools, athletic or extra curricular programs, church programs, or other registered non profit or not for profit organizations that the child is a member of." This language was inserted to clarify the exclusions for school aged children in section 3 -5 -4: F. Language was inserted, 3 -5 -6: A, to ensure that all persons who will be conducting business within the city under a Peddler, Solicitor, or Transient Merchant license, if issued, will be required to submit application information for a background check by the Police Department. Language was inserted, 3 -5 -6: B, 3, to clarify that a conviction for certain offenses by an employee of the applicant, not the applicant, discovered during the required background investigation would disqualify the employee rather than the applicant. Offenses by the primary applicant would disqualify the application completely Language was inserted, 3 -5 -10, requiring each individual person conducting business within the city under a Peddler, Solicitor, or Transient Merchant license to clearly display their license while doing so Transient Merchants may post the license where clearly visible on their site. Additionally, staff has provided two resolutions for publishing in the paper. This allows the City to publish the ordinance synopsis without publishing the entire amendment. These summaries provided will give enough information to the public that the meaning of the ordinance amendments will be clear. RECOMMENDATION Adopt the two ordinance amendments and the two resolutions providing ordinance summaries. Sections: CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. XVI.55 AN ORDINANCE AMENDMENT PERTAINING TO THE LICENSING AND REGULATION OF TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS. 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 interfere interfere 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 which that, though its their 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 o.erated in a manner that will not im.ede .ublic ri thts -of -wa or the safe t of .edestrians or vehicles passing or participating in activities at outdoor sales lots (Ord. XVL24, 6 -1 -93) 3 -5 -1 3 -5 -2: Peddler: Sales Lot: 3 -5 -2 Definitions: For the purpose of this Chapter, the terms defined herein shall have the following meanings. 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. School Age Children School age children shall mean; children eighteen (18) years of age and under involved in selling or soliciting orders for items in conjunction with fundraisers for schools, athletic or extra curricular programs, church programs or other registered non profit or not for profit organizations that the child is a member of. 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. 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, periodicals 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 er for 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 primary purpose of exhibiting samples and taking orders for future delivery. Transient Merchant Any person, individual, copartnership, and or 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 use a building, structure, vehicle, trailer, tent or other portable shelter, or vacant lot o lroad- earfor 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, er 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 G 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, Sections, 309.515 and 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; 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; 3 -5 -4 3 -5 -5 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 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';, who will be conducting the applicant's business within the city. D. A brie written 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. F. The length of time which exact dates the applicant intends to do business in the City with the a te date. 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. H. A statement as to whether er-net the applicant or the person 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. I. license number of the vehicle or vehicles to be used If a vehicle or vehicles is will te-be used, a description of the same together with the 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. 3 -5 -5: 3 -5 -6: K. The dDrivers 1License number State Identification Card number or Military Identification Card number from a currently valid form of these identifications obtained from the applicant and all persons listed in subsection A of this section 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. M. 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. XVL24, 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, dDuring which period of time the Chief of Police shall make such investigation of the applicants, and each person who will be conducting business within the city under the license if issued, as to their business moral character as he -the 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:if it appears that the applicant has bccn convicted of a felony, a misdem nor involving moral turpitude or a violation 1. Failure of the applicant to obtain and show proof of having obtained any required County or State license or registration. 2. Failure of the applicant to truthfully provide any of the information 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. The conviction of an applicant's employee or agent shall exclude only that employee or agent from being licensed; 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 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 3 -5 -6: 3 -5 -9 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 License Fees: Fees shall be set from time to time by City Council resolution. (Ord. XVI.24, 6 -1 -93) 3 9: Use of Streets and Site Requirements: 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. XVL24, 6 -1 -93) B. Site Requirements: 1. Sales lots: a. 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. 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 parking setback required by the particular zoning district within which the sales lot is to be located, whichever provides 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 notpermitted. e. Signage, 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. 3 -5 -9: 3 -5 -11: 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: Exhibition of License and Identification: All licenses issued under this Chapter, including those issued to individual company representatives, shall be carried and clearly displayed 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 Drivers 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 licence 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 nine 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. XVI.24, 6 -1 -93) 3 -5 -11: 3 -5 -12: 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: 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 hearing 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 hearing. 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 delivered be 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, 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 -13 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 si x-{) twelve (12) months have elapsed since the last previous revocation. (Ord. XVL24, 6 -1 -93) 3 -5 -15: Penalty: Any person(s) who shall violates any the terms or provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as described in Title 1, Chapter 4 of this Code by a fine not exceeding seven hundred dollars ($700.00) or by imprisonment f r a period not exceeding ninety (90) days or both, plus in either case, the costs of prosecution. (Ord. XVI.24, 6 -1 -93) 3 -5 -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 -5 -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 existing 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. Section Two: This Ordinance will be effective the day following its publication. Adopted this day of 2005. ATTEST: Linda Jentink, City Clerk William Droste, Mayor Published this day of 2005 in the Rosemount Town Pages. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2005- A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XVI.55 AMENDING CHAPTER 3 -5 OF THE CITY CODE RELATED TO THE LICENSING AND REGULATING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. WHEREAS, the City Council of the City of Rosemount adopted Ordinances No. XVL55 on June 7, 2005, amending Chapter 3 -5 of the City Code relating to the creation of interim uses in certain commercial districts and the licensing and regulation of Peddlers, Solicitors, and Transient Merchants; and WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. XVI.55, to be published in the official newspaper in lieu of the entire ordinance: Public Notice During the June 7, 2005 meeting, the City Council of the City of Rosemount adopted Ordinance No. XVI.55. The amended City Code Chapter 3 -5 ensures that transient merchant sales lots will comply with Zoning Ordinance requirements to provide for the safety of the public, customers, and employees of these sales lots through a background investigation and licensing process that will better serve the needs of residents, and the local business community while still protecting residents from fraudulent or abusive peddling or solicitation and adjacent property owners from the impact of transient merchant sales lots. The ordinance creates; clear standards for the rejection of applications for licensing as a Peddler, Solicitor, or 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. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of No. XVL55 shall be kept in the City Clerk's office at the City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall. ADOPTED this 7th day of June 2005, by the City Council of the City of Rosemount. William Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: Published this day of June, 2005 in the Rosemount Town Pages. CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. B -155 AN ORDINANCE PERTAINING TO THE TRANSIENT MERCHANTS, SALES LOTS, TEMPORARY STRUCTURES AND INTERIM USES IN CERTAIN COMMERCIAL DISTRICTS WITHIN THE CITY. The City Council of the City of Rosemount Ordains as follows: 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 travelinafrom 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. 4.11: TEMPORARY BUILDINGS: D. Temporary structures allowed by 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. 6.11 C -2 DOWNTOWN COMMERCIAL DISTRICT E. 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 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 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. 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. F. Minimum Lot Requirements: (Renumbered in outline format only, no text change.) G. 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 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. 6.13 C -3 HIGHWAY COMMERCIAL DISTRICT E. 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 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 intenm 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 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. 1. Buildings: 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. F. Minimum Lot Requirements and Setbacks: (Renumbered in outline format only, no text change.) G. Additional Design Standards: (Renumbered in outline format from F.) a. The exterior wall surfaces of all buildings within the C -3 Highway Commercial District 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. 6.14 C -4 GENERAL COMMERCIAL DISTRICT E. 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 with the following conditions: 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 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. g. 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. F. Minimum Lot Requirements and Setbacks: (Renumbered in outline format only, no text change.) G. Additional Regulations and Requirements: 1. Buildings: 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 pattems. 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 writtenpermission 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 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. 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 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. Section Two: This Ordinance shall be effective the day following its publication. Adopted this day of 2005. William Droste, Mayor A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. B -155 AMENDING ORDINANCE B, THE ZONING ORDINANCE RELATED TO THE ESTABLISHMENT OF INTERIM USES IN CERTAIN COMMERCIAL DISTRICTS WHEREAS, the City Council of the City of Rosemount adopted Ordinance No. B -155 on June 7, 2005, amending Ordinance B, the Zoning Ordinance relating to the creation of interim uses in certain commercial districts and the licensing and regulation of Peddlers, Solicitors, and Transient Merchants; and WHEREAS, Minnesota Statutes, Section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Rosemount that the City Clerk shall cause the following summary of Ordinance No. B -155, to be published in the official newspaper in lieu of the entire ordinance: During the June 7, 2005 meeting, the City Council of the City of Rosemount adopted Ordinance No. B -155. The Zoning Ordinance creates a transient merchant interim use via amendments to sections 4.11, 6.11, 6.13, and 6 14 of the Zoning Ordinance. The zoning text amendments relate to; impact on parking for the principal use and the ability to provide adequate parking for the interim use, acceptable parking and site surfaces, setbacks for structures associated with the use, building code requirements for the structures, and temporary signage requirements for transient merchant sales lots The use of an Intenm Use Permit to allow transient sales uses will allow the City to monitor the use, provide specific conditions, and review the operation on a periodic basis. The Interim Use Permit process gives the City the best oversight over this type of use. NOW, THEREFORE, BE IT FURTHER RESOLVED, that a copy of No. B -155 shall be kept in the City Clerk's office at the City Hall for public inspection and a full copy of the ordinance be posted in the lobby of City Hall. ADOPTED this 7th day of June 2005, by the City Council of the City of Rosemount. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2005- Public Notice William Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Second by: Voted in favor: Voted against: Member absent: Published this day of June, 2005 in the Rosemount Town Pages.