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HomeMy WebLinkAboutCity Council Ordinance 1982-29CITY OF PLYMOUTH ORDINANCE NO. 82-29 AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-09, ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Ordinance. SECTION 8, Subdivision D, 3. is hereby amended by the addition of the followini: e. Temporary retail activities directed at the general public may be allowed as an accessory use subject to issuance of an administrative permit and subject to the requirements of this paragraph. For purposes of this para- graph "Retail Activities" shall include temporary, short-term warehouse sales, inventory reduction or liquidation sales, distressed merchandise sales, and product promotion events conducted on the premises of per- mitted and conditional uses in this District; but shall not include sales events which are regularly scheduled or seasonal in nature. (1.) Application and Fee. i (a.) Application for a temporary retail activity shall be made to the Zoning Administrator on forms to be provided by the t City at least thirty (30) calendar days prior to the proposed event. (b.) The application shall be co-siqned by the fee owner of the subject property; or the application shall be accompanied iby a statement from the fee owner or a copy of a bona fide lease agreement authorizing the proposed event. i (c.) The application shall be accompanied by a non-refundable I fee which shall be the fee established by the City Code for Conditional Use Permit applications. (2.) Required Information and Plans. The application shall be accompanied by the following: i (a.) A concise statement describing the proposed event, including the purpose, type of merchandise involv,d, dates and times of operation, number of employees involved, provisions for on-site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application; i (b.) A copy of the approved Site Plan for the property or an "as -built" survey which accurately represents existinq conditions on the site, including entrances and exits, bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs; j (c.) An accurate floor plan, when, in the judgment of the Zoning Administrator, such a plan is necessary to properly evaluate the location of the event and the effectiveness of available entrances and exits; I (d.) A copy of the current Sales Tax Certificate issued by the i State of Minnesota. (3.) Procedure. (a.) The Zoning Administrator shall review the application and related materials and shall determine that the proposal I is in compliance with all applicable codes, ordinances, i %I Page 2 Ordinance No. 822 9 and the specific standards for temporary retail activities in this District as set forth in this paragraph. The application shall also be reviewed by the Director of Public Safety. (b.) A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable codes, ordinances, and the standards in this paragraph shall be attached to the permit. (c.) Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the appli- cation for the permit shall be considered denied; unless, within ten days of the date of such notice, the applicant submits revised plans and/or information with which the Zoning Administrator is able to determine compliance. (d.) Unresolved disputes as to administrative application of the requirements of this pragraph shall be referred to the Planning Commission and to the City Council pursuant to the Conditional Use Permit review and approval pro- visions of Section 9, Subdivision A of this Ordinance. (4.) Standards. The following shall apply to all proposed temporary retail activities allowed by this paragraph in addition to other applicable building and safety code requirements as determined by the Zoning Administrator: (a.) Events shall not exceed three consecutive calendar days per event; two of the days shall be a Saturday and a Sunday. (b.) There shall be no more than two events per calendar ,year per, occupant. (c.) The event shall be clearly accessory to or promotive of the permitted or conditional use approved for the site. Only merchandise which is normally manufactured, sold, or stocked by the occupant on the subject premises shall be sold and/or promoted. (d.) Tents, stands, and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (e.) The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of !; the event and the applicable parking requirements of this Ordinance. Consideration shall be qiven to the parking needs and requirements of other occupants in the case of multi -tenant buildings. Parking on public right-of-way j and streets is prohibited; except that parking on local j streets may be allowed on Saturday and Sunday only, pro- vided that the petitioner arranges for traffic control j by authorized law enforcement officers, as approved in writing by the Director of Public Safety, at the petitioner's expense. �1 � if l i! 1 Page three Ordinance No. 82-29 (f.) Signage related to the event shall be in compliance with the temporary sign standards of this Ordinance and shall i be allowed for the duration of the event. Special signage for purposes of traffic direction and control may be authorized by the Zoning Administrator; the erection and j removal of such signage shall be the responsibility of Ij the applicant. a (g.) The approved permit shall be displayed on the premises for the duration of the event. (5.) Administration and Enforcement. (a.) The Zoning Administrator shall keep a record of applications and permits. (b.) A copy of all permits issued shall be forwarded to the Director of Public Safety prior to the event. (c.) Enforcement of the provisions of this paragraph shall be in accordance with Section 11 of this Ordinance. Violation f of an issued permit or of the provisions of this Section also shall be grounds for denial of future permit appli- cations. ' i Section 2. Effective Date. This Ordinance shall take effect upon its passage and publication. t Adopted by the City Council the 25th day of October , 1982. t i David Davenport, ayo ii Laurie Houk, City Clerk