The URL can be used to link to this page

Home My WebLink About2013-02-06 Affidavit of Publication - Ordinance 2013-401-01 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON City et Oak Park Heights (Official Publication) CITY OF OAK PARK HEIGHTS Julie Athey, WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2o13-401-o1 being duly sworn on oath, says: that she is, mu ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO and during all times herein states has been, ALLOW TEMPORARY OUTSIDE SALES AS AN ACCESSORY USE WITH Clerk of Sun Newspapers AYEARLY ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSI- P Of the newspaper known as the NESS DISTRICT AND THE B -4 LIMITED BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: Stillwater Gazette, a newspaper of general circulation within the City of SEZT 1 401.30.D. Accessory Uses, of the B -2 General Stillwater and the County of Washington. 'District of ,�l'1e_Dak Parlcklaig apjag @b ` add follows: `� .. �� 401.30.D. Accessory Uses. That the notice hereto attached was cut from 3. Temporary outside sales, such as the columns of said newspaper and was garden centers, garden produce sales, fireworks sales, or holiday decoration/tree sales as a yearly administrative printed and p ublished therein on the permit subject to review and approval of the Zoning Administrator and sub - following date(s): jest 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. 6 of February 2013 b. All lighting shall be hooded and so directed that the Tight source shall not Newspaper Ref. /Ad #1147956 be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.6.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced. L - d. The architectural appearance, scale, construction materials, and func- tional 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. Subscribed and sworn to before me this e. Adequate analysis and provisions are made to resolve issues related to 6t day of February 2013 provision of water and electricity to the site and the demand for City servic- es. No use shall be allowed that will exceed the City's ability to provide util- ity, police, fire, administrative or other services to the site. Mark Berrim 1. 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. f& g. Provisions are made to control and reduce noise in accordance with NOT ' ' 'PUBLIC Section 401.15.B.11 of this Ordinance. P 'irs , there l be adequate Washington County, Minnesota excess parking on site so that all parking requirements are complied with. i. The location of the use shall create a minimum of conflict with traffic move- My commission expires January 31, 2016 ment, 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 MARK E. BERRIMAN Ordinance. a i ` NOTA PUBLIC * MINNE3C)TA I. The provisions of Section 401.03.A.7 of this Ordinance are considered My Commission lixpires Jan. 31, tote 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 ven- dor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with require- ments 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. Tfiatitradrninistraier may ISSOIraTURISTRAIrotatrebblabOVIIIIbiftirbr prior to the conclusion of the inlaid 120 time period. SECTION 2. Section 401.301.D. Accessory Uses, of the 14 4in+Ned BUsiness District of the Oak Park Heights Zoning Ordinance is hereby . de-reditF�! 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 sub- ject to the following conditions: a. Outside sales areas are fenced or screened from view of neighboring res- idential 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 func- tional 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 ribber and electricity to the ett d e demand for City servic- — es. No use shall be allowed that will exceed the City's ability to provide util- ity, 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 ¢¢ Provisions are made to control and reduce noise in accord ee obi Sermon 401.15.8.11 of this Ordinance. h. 11 the use is covering existing parking stalls, there shall be adequate excess parking on site so that all parking requirements are complid with. i. The location of the use shall create a minimum of conflict with traffic move- ment, shall comply with Section 401.15.F of this Ordinance, and shall be subject to the approval of the City Engineer. and reviewed by applicable watershedff required. k. Al signing and informational or visual communication devices died 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 Issnporary facilities by co- signing any required application; if such vet- dot Is not directly related to the owner, the owner shall also be subject b additional enforcement actions should the vendor not comply wIh requite- marts herein or within this Ordinance. n. The City may revoke the Temporary Outside Sales Permit at anytime Opatatiatle boons a noble 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 ff 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 pas- sage and publication. PASSED this 22nd day of January, 2013 by the City Council of the City of Oak Park Heights. ■ CITY OF OAK IRK HEIGHTS /s/ Mary McComber Mary McComber, Mayor ATTEST: /s/ Eric A. Johnson Eric A. Johnson, City AdMipist ator