HomeMy WebLinkAbout2013-01-22 CC Approved Amended Ordinance 2013-401-01 CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2013 - 401 -01
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO
ALLOW TEMPORARY OUTSIDE SALES AS AN ACCESSORY USE WITH A
YEARLY ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSINESS
DISTRICT AND THE B -4 LIMITED BUSINESS DISTRICT
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.30.D. Accessory Uses, of the B -2 General Business
District of the Oak Park Heights Zoning Ordinance is hereby added to read as
follows:
401.30.D. Accessory Uses.
3. Temporary outside sales, such as garden centers, garden produce sales,
fireworks sales, or holiday decoration /tree sales as a yearly administrative
permit subject to review and approval of the Zoning Administrator and
subject to the following conditions:
a. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with Section 401.15.E of this Ordinance.
b. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right -of -way or from neighboring
residences and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and
functional plan of the structure and site shall not cause impairment
in property values, or constitute a blighting influence within a
reasonable distance of the site.
e. Adequate analysis and provisions are made to resolve issues
related to provision of water and electricity to the site and the
demand for City services. No use shall be allowed that will exceed
the City's ability to provide utility, police, fire, administrative or other
services to the site.
f. Facilities on a site shall not be operated between the hours of 10:00
PM and 6:00 AM unless otherwise allowed by formal action of the
City Council.
g. Provisions are made to control and reduce noise in accordance
with Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are
complied with.
The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this
Ordinance, and shall be subject to the approval of the City
Engineer.
j. Any required drainage systems shall subject to the approval of the
City Engineer and reviewed by applicable watershed if required.
k. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 401.15.G of
this Ordinance.
The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
m. The owner of the property must additionally approve the placement
of the temporary facilities by co- signing any required application; if
such vendor is not directly related to the owner, the owner shall
also be subject to additional enforcement actions should the vendor
not comply with requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at
anytime should the operations become a public nuisance or hazard
as defined by the City.
o. One Temporary Outside Sales Permit shall be allowed per site. No
Temporary Outside Sales Permit shall exceed 120 calendar days
per year. The City Administrator may issue 30 calendar days
extensions if applied for prior to the conclusion of the initial 120
time period.
SECTION 2. Section 401.301.D. Accessory Uses, of the B -4 Limited Business
District of the Oak Park Heights Zoning Ordinance is hereby amended to read as
follows:
401.301.D Accessory Uses.
3. Temporary outside sales, such as garden centers, garden produce sales,
fireworks sales, or holiday decoration /tree sales as a yearly administrative
permit subject to review and approval of the Zoning Administrator and
subject to the following conditions:
a. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with Section 401.15.E of this Ordinance.
b. All lighting shall be hooded and so directed that the Tight source
shall not be visible from the public right -of -way or from neighboring
residences and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and
functional plan of the structure and site shall not cause impairment
in property values, or constitute a blighting influence within a
reasonable distance of the site.
e. Adequate analysis and provisions are made to resolve issues
related to provision of water and electricity to the site and the
demand for City services. No use shall be allowed that will exceed
the City's ability to provide utility, police, fire, administrative or other
services to the site.
f. Facilities on a site shall not be operated between the hours of 10:00
PM and 6:00 AM unless otherwise allowed by formal action of the
City Council.
g. Provisions are made to control and reduce noise in accordance
with Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are
complied with.
The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this
Ordinance, and shall be subject to the approval of the City Engineer.
j. Any required drainage systems shall subject to the approval of the
City Engineer and reviewed by applicable watershed if required.
k. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 401.15.G of
this Ordinance.
I. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
m. The owner of the property must additionally approve the placement
of the temporary facilities by co- signing any required application; if
such vendor is not directly related to the owner, the owner shall
also be subject to additional enforcement actions should the vendor
not comply with requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at
anytime should the operations become a public nuisance or hazard
as defined by the City.
o. One Temporary Outside Sales Permit shall be allowed per site. No
Temporary Outside Sales Permit shall exceed 120 calendar days
per year. The City Administrator may issue 30 calendar days
extensions if applied for prior to the conclusion of the initial 120
time period.
SECTION 3. The Planning Commission of the City of Oak Park Heights held a
public hearing at their January 10, 2013 meeting, took comments from the public,
and recommended that the City Council approve the amendments as provided in
this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 22 day of January, 2013 by the City Council of the City of
Oak Park Heights.
CITY OF OAK PARK HEIGHTS 4 lvf c
a cC mber, Mayor
A E`T./
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E 'c 'a . •hnson, City Administrator