A. Residential Uses, Principal:
1. One- and two-family dwellings: See design standards in Section 1004.05.
2. Multi-family dwellings: See design standards in Section 1004.06 in addition to the following:
a. Recreational facilities must be provided to serve the needs of the anticipated population.
b. Minimum distances between buildings shall equal the sum of the required side yards for each building.
c. Screening and buffering shall be required per Section 1011.03B of this Chapter.
3. Cohousing Community: Cohousing is a permitted use within any housing type that is permitted within the zoning district where the cohousing development is located. Likewise, any housing type that is conditional within the zoning district may be used for cohousing with conditional use approval. Any allowed use within the zoning district where the cohousing development is located may be allowed as part of the cohousing development.
a. A cohousing community shall provide a community building for the shared use of the residents for typical domestic activities such as cooking or child care, and for home occupations as regulated in Section 1011.12B
b. Usable open space may be combined and shared among cohousing units.
4. Community residential facility, state licensed:
a. On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment.
b. To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be harmonious with other buildings in the neighborhood.
c. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening, and other site improvements consistent with the character of the neighborhood.
5. Nursing Home, Assisted Living, Congregate Care:
a. The yard requirements for multi-family dwelling in the district apply.
b. A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.
c. The site shall contain a minimum of 150 square feet of usable open space per resident, consisting of outdoor seating areas, gardens, and/or recreational facilities. Public parks or plazas within 300 feet of the site may be used to meet this requirement.
d. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening, and other site improvements consistent with the character of the neighborhood.
B. Residential Uses, Accessory:
1. Accessory Dwelling Units (ADU):
a. An ADU shall be located on a lot occupied by a one-family dwelling.
b. No more than one ADU shall be allowed on a lot.
c. Either the principal dwelling unit or the ADU shall be owner-occupied and both dwelling units shall be under unified ownership.
d. Maximum occupancy of an ADU shall be limited to 2 people.
e. An ADU shall be assigned a unique address identifier to differentiate it from the principal dwelling. An attached ADU shall be identified by “Unit A” and a detached ADU shall be identified by “Unit B” following the primary property address (e.g., 1234 Elm Street Unit B).
f. A detached ADU may be located above a detached garage or within a separate accessory building meeting the standards for accessory buildings established in §1004.02 of this Title.
g. A property shall have a minimum of 1 additional, conforming, off-street vehicle parking space above and beyond the number of parking spaces required for the principal dwelling unit in the zoning district.
h. Home Occupations: Home occupations are permitted in ADUs, provided that the combined impacts of home occupations in the ADU and the principal dwelling unit conform to the standards and limitations established in §1011.12B2 of this Title.
i. Dimensional Standards for All ADUs:
i. Maximum height of an ADU, including one built above a garage shall not exceed the standards for principal or accessory buildings, as applicable.
ii. Unit size: An ADU shall include at least 300 square feet of living area up to a maximum of 650 square feet of living area, but in no case shall an ADU exceed 75% of the principal dwelling’s four season living area (exclusive of the ADU). For the purposes of this provision, “living area” shall include kitchen areas, bathrooms, living rooms, bedrooms (including the closet which defines the bedroom), and other rooms, and shall exclude utility rooms, hallways, entryways, storage areas, and garages.
iii. An ADU shall include a maximum of 1 bedroom.
iv. Setback requirements: All ADUs shall meet the standards for principal buildings; notwithstanding this requirement, detached ADUs shall not be located closer to the front property line than the principal building.
j. The entryway to a detached ADU shall be connected to a street frontage with a paved walkway.
k. Design Standards for Attached ADUs: The appearance or character of the principal building shall not be significantly altered so that its appearance is no longer that of a one-family dwelling.
l. Design Standards for Detached ADUs:
i. Material: The exterior finish material shall match in type, size, and placement, the exterior finish material of the principal dwelling unit.
ii. Roof pitch: The roof pitch shall match the predominant roof pitch of the principal dwelling unit.
iii. Details: Trim shall match the trim used on the principal dwelling unit. Projecting eaves shall match those of the principal dwelling unit.
iv. Windows: Windows shall match those in the principal dwelling unit in proportion (relationship of width to height) and orientation (horizontal or vertical).
m. Permit Required: A lifetime, non-transferrable ADU Occupancy Permit shall be required from the Community Development Department to allow an ADU to be rented. For the purposes of this provision, a “rented” ADU is one that is being occupied by a person or persons other than the family (as defined in §1001.11 of this Title) occupying the principal dwelling unit. Each property owner seeking to rent an ADU, or occupy an ADU while renting the principal dwelling unit, shall apply for a new ADU Occupancy Permit according to the procedure established herein. In addition to receiving an ADU Occupancy Permit, the property shall be in compliance with the City’s rental registration requirements.
i. Application: The owner of property on which an ADU is proposed shall file a permit application by paying the fee set forth in Chapter 314 of this Code and submitting a completed application form and supporting documents as set forth on the application form. The Community Development Department will review the application to determine whether the application is complete and the subject property is eligible to receive the requested ADU permit.
ii. Notification: Upon the determination that a complete application has been submitted and that the property is eligible to receive the requested ADU permit, property owners within a radius of 100 feet shall be notified in writing by the Community Development Department of the application and that they have 7 days in which to share comments or concerns about the application before the Community Development Department issues the permit.
iii. Conditions: The City may impose conditions on the issuance of an ADU permit. Such conditions must be directly related to, and must bear a rough proportionality to, impacts created by the ADU.
iv. Revocation: If a permitted ADU or the property for which an ADU permit has been issued should fail to meet the requirements of the permit, and/or if a property for which an ADU permit has been issued should become ineligible for such permit, the issued ADU permit may be revoked upon the determination by the Community Development Department that the noncompliance and/or ineligibility issue(s) cannot or have not been resolved. If an ADU permit is revoked, occupation of the ADU by a person or persons other than the family (as defined in §1001.11 of this Title) occupying the principal dwelling unit shall cease within 60 days of the date of the revocation.
v. Appeals: Determinations pertaining to the continuing compliance and/or eligibility of an ADU permit or the property for which an ADU permit has been issued are subject to appeal according to the procedure for appeals of administrative decisions established in Section 1009.08 of this Title.
vi. Expiration: An ADU permit shall expire upon transfer of the property to a new owner. Continued use of an ADU on a property which has been transferred to a new owner shall require the new owner to apply for a new ADU permit.
2. Garden Sheds in LDR Districts: Garden sheds may be built and/or sided with materials which are different in character from the principal structure, but acceptable materials shall not include galvanized or corrugated metal.
3. Home Occupation: Home occupations are allowed in residential districts, subject to the standards below.
a. All new home occupations as of January 1, 2011, shall be subject to an annual registration with the City, on a form as required by the Community Development Department and with a fee as determined by the City Council.
b. Home occupations shall be clearly incidental and subordinate to the residential use of the property. Exterior alterations or modifications that change the residential character or appearance of any structures or the property itself are not allowed.
c. Home occupations shall not occupy more than 30% of the floor area of the dwelling, to a maximum of 600 square feet. The home occupation shall be conducted entirely within the dwelling. An accessory building shall not be used in the operation of a home occupation.
d. Only persons residing on the premises and no more than 1 nonresident employee shall be engaged in the conduct of home occupations on the premises at any given time.
e. There shall be no outside storage of products, materials, or equipment used in conjunction with home occupations.
f. The required off-street parking for the residential use shall not be reduced or made unusable by home occupations.
g. Home occupations shall not generate excessive traffic or parking demand that is detrimental to the character of the neighborhood.
h. Shipment and delivery of products, merchandise, or supplies shall be by single rear axle straight trucks or similar delivery vehicles normally used to serve residential neighborhoods.
i. There shall be no indications of offensive noise, odors, smoke, heat, glare, vibration, or electrical interference at or beyond the boundaries of the residential lots occupied by home occupations.
j. Home occupations shall meet all applicable fire and building codes, as well as any other City, State, or Federal regulations.
k. Signage for home occupations shall be subject to the requirements of Chapter 1010 of this Title.
l. The following activities shall be prohibited as home occupations:
i. The operation of any wholesale or retail business unless it is conducted entirely by mail or Internet. The sale of products incidental to the delivery of a service is allowed.
ii. Any manufacturing, welding, machine shop, or similar use.
iii. Motor vehicle repair.
iv. The sale, lease, trade, or transfer of firearms or ammunition.
v. Headquarters or dispatch centers where persons come to the site and are dispatched to other locations.
4. Private Swimming Pools: All private swimming pools, hot tubs, and other similar private recreational facilities are subject to the following standards:
a. The facility shall not be operated as a business or private club.
b. The facility shall not be located within any required front or side yard.
c. The facility, including any walks, paved areas, or related structures or equipment, shall be set back at least 10 feet from any property line.
d. For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence, or combination thereof at least 4 feet in height with ventilating slats with openings not exceeding 4 inches, with a self-closing gate with a latch and located on the inside, 3 inches below the top of fence and capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of above-ground pools, pool sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use (or compliance with a nationally recognized pool safety standard).
e. For in-ground pools, the pool shall be set back at least 6 feet from the principal structure.
f. Hot tubs shall not be located within 5 feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a 4 foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub.
g. Portable pools shall not be located within 5 feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child resistant cover in lieu of a 4 foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner’s consent. Portable pools shall not be in place longer than 6 months in a calendar year.
h. Lighting shall be so oriented so as not to cast light on adjacent properties.
i. The facility shall not be located within any drainage or utility easement.
j. Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot.
k. All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches shall require a building permit from the City.
5. Private Recreational Courts: All private tennis courts, ball courts, and other similar private recreational facilities are subject to these standards.
a. The facility shall not be operated as a business or private club.
b. The facility shall not be located within any required front or side yard.
c. The facility, including any walks, paved areas or related structures or equipment, shall be set back at least 10 feet from any property line.
d. The facility shall not be located on a public street.
e. The facility shall not be located within any drainage or utility easement.
f. A chain link or other non-opaque fence not exceeding 10 feet in height may be allowed to enclose a hard-surfaced recreational court. If such a fence is used, it shall be set back at least 5 feet from side property lines and 10 from the rear property line, and shall not be placed in front of the principal structure.
6. Roomers, boarders: A maximum of 3 roomers or boarders shall be permitted per dwelling unit.
(Ord. 1418, 10-10-2011)
C. Civic and Institutional Uses:
1. Church, Religious Institution: A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.
2. School, Elementary or Secondary: A facility established after the effective date of this ordinance within a predominantly residential or mixed-use area shall have vehicular access to a collector or higher classification street.
3. College, or Post-secondary School, Campus:
a. An office-based facility established after the effective date of this ordinance within a Neighborhood Business district shall have vehicular access to a collector or higher classification street, and shall have buffer area screening consistent with Section 1011.03B of this Title.
b. A campus master plan, approved by the City Council, may be required for campus facilities to address the management of pedestrian, bicycle and vehicular circulation, relationship to surrounding land uses, and buffering and screening of adjacent uses to mitigate any impacts of a new or expanded/intensified campus.
(Ord. 1427, 7-9-2012)
4. Theater (Live Performance) Performing Arts Center: A facility established after the effective date of this ordinance shall have vehicular access to a collector or higher classification street.
D. Institutional and Recreational Uses:
Whenever temporary and/or portable restroom facilities are located within Institutional or Park and Recreation Districts for longer than the duration of a single event, the following requirements shall apply unless the Community Development Department determines that the proposed location provides adequate distance and screening from residential property views:
1. Facilities shall be located a minimum of 75 feet from any residentially zoned property; and
2. Facilities shall be screened with a minimum 6 foot tall 100% opaque board-on-board wood fence.
E. Business and Commercial Uses:
1. Extended Hours of Operation adjacent to all Residential Districts: Fence or screening height in the following requirements supersede the limitations established elsewhere in this Title:
a. Buffer Area: Where a Community Business, Regional Business, or Community Mixed Use District abuts a residential district, all existing buffers shall remain in effect, and any new site improvement shall include an increased buffer area of a minimum of 20 to 40 feet as determined by the Community Development Department. This protective buffer shall contain no structures, shall not be used for parking, off-street loading or storage, and shall include screening. The screening treatment shall include the seeding of grass or sodding of the whole of the buffer area, the planting of shrubbery and trees and maintaining of same, a compact screen wall, fence, berm, landscaping, or combination thereof, which shall be not less than 75% opaque year-round to a minimum height of 6 feet above the parking lot curb. The screening treatment must be approved by the Community Development Department and shall be in harmony with a residential neighborhood and provide sufficient screening of the Community and Regional Business uses. The fence or landscape screening shall be no less than 6 feet at the time of installation. Where a berm, wall, fence, or combination thereof is required for screening purposes for a commercial use adjacent to a residential use, such berm, wall, fence, or combination thereof shall be set back from the residential district boundary at least 3 times its height, and landscaped with trees, shrubs, perennials and sod or seed to screen 50% of the surface of the wall or fence at maturity of the plant materials year-round.
b. Traffic: The site plan shall provide vehicular circulation routes away from residential areas and avoid commercial vehicle ingress and egress from local residential streets to commercial property sites. In the site plan review and approval process, every reasonable effort must be made to design the site circulation so that service vehicles over 1 ton capacity do not use routes which bring vehicles between a building and a residential district boundary. The site plan shall also provide pedestrian access routes using walks or paths, including where practical, connections to adjacent residential areas. Service vehicles over 1 ton capacity which enter or exit the site between the hours of 10:00 P.M. and 7:00 A.M. shall use a designated route approved by the City. Deliveries and/or delivery truck access, in and on the site during the hours of 10:00 P.M. to 7:00 A.M., shall be limited to single unit, 2 axle vehicles not in excess of 26,000 pounds gross weight. The designated route shall keep vehicles at least 300 feet away from any residential district boundary, or be completely screened by a building, wall, landscaped berm, fence, or combination thereof to a point 14 feet above the ground at the outside edge of the truck route lane and to a point 5 feet above the first floor (main level) of the adjacent residences.
c. Off-Street Parking: Where a 24 hour use is within 300 feet of a residential district, that portion of the site within 300 feet shall provide screening of parking and driving areas adjacent to residential areas. The screening shall have a minimum opacity of 90% year-round and a minimum height of 6 feet, and shall be comprised of landscaping, walls, fences, berms, or combinations thereof.
d. Service delivery or non-customer vehicles shall not be parked or staged within 300 feet of a residential district, except when actively loading or unloading.
e. In no case shall vehicle staging for unloading occur for more than 24 hours on a site within any Community Business, Regional Business, or Community Mixed Use District.
f. Off-Street Loading: Off-street loading shall be as listed in Chapter 1019 of this Title and servicing space shall be designated for each store unit in the shopping district. Such loading space shall be designed so as not to conflict with movement of vehicular traffic to and from parking areas.
i. Any commercial loading dock within 300 feet of a residential district shall be completely screened by a wall, landscaped berm, fence, or combination thereof from an adjacent residential area, to a point 14 feet above the ground at the loading area and to a point 5 feet above the first floor (main level) of adjacent residences.
ii. Any commercial loading dock within 300 feet of a residential district which is to be used for any reason by vehicles or equipment between the hours of 10:00 P.M. and 7:00 A.M. shall be within a completely enclosed and roofed structure. All loading and unloading operations shall occur with the exterior doors shut at all times.
2. Animal Hospital, Veterinary Clinic: All activities shall take place within completely enclosed buildings with soundproofing and odor control; outdoor kennels are prohibited except in zoning districts where specifically permitted.
3. Day Care Center: The center must meet all standards for registration and inspection and not exceed state limits for number of clients.
4. Mini-storage Facility: No commercial transactions shall be permitted other than the rental of storage units. Plans for on-site circulation and driveway locations shall be reviewed as part of the site plan review process. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern.
5. Communication Antennas and Towers: See subsection G below.
a. In the CMU and Employment districts, all restaurants shall be incorporated within a multi-use retail center.
b. Points of vehicular ingress and egress for fast food restaurants shall not be onto a street which is used primarily for access to abutting residential property.
c. A litter collection plan shall be developed for fast food restaurants and submitted to the Community Development Department. The litter collection plan obligates the restaurant operator to keep the area surrounding the restaurant free of litter for a reasonable, specified distance.
F. Employment Uses:
1. Artisan Workshop: Sale of goods produced shall not exceed 25% of the floor area of the facility.
2. General Retail Sales and Personal Service: In the Employment Districts, retail or service uses must be located within buildings or as part of building complexes that include office or other employment-related uses and shall be limited to 25% of the building or complex.
3. Motor Vehicle Broker/Wholesaler: All activities related to a vehicle broker or vehicle wholesaler shall be conducted within the building. No sale lots shall be allowed. A vehicle being readied for purchase/sales transaction shall be allowed to be parked in the parking lot for no more than 8 hours.
4. Manufacturing and Processing, Outdoor Activities/Storage:
a. Outdoor servicing, processing, manufacturing, or storage of the materials used in these operations shall be no closer than 300 feet to a property occupied by a residential use.
b. All outdoor servicing, processing, or manufacturing shall be conducted, operated and maintained in accordance with any necessary permits of the Minnesota Pollution Control Agency, Ramsey County, and the City.
c. The applicant shall provide a site plan showing the location of buildings, areas of outdoor storage, servicing, processing or manufacturing, and fences and walls. A narrative shall accompany the plan stating the measures the applicant will take to comply with the environmental regulations established in Section 1011.02.
5. Wholesale Uses: Within the Office/Business Park District, a wholesale use shall not exceed 25% of the gross floor area of the building where it is located.
G. Accessory Uses and Structures:
1. Telecommunication Towers and Antennas:
a. Private Antennas and Towers: Private (noncommercial) receiving or transmitting antennas and towers more than 20 feet in height above the principal structure height in residential districts or more than 50 feet in height above the principal structure height in business and industrial districts shall be a conditional use in all districts.
b. City-Owned Antennas and Towers: City-owned or controlled antennas and tower sites shall be a permitted use in Commercial, Community Mixed Use, and Employment Districts, and a conditional use in all other districts.
c. Commercial Antennas and Towers - City Sites: Commercial receiving or transmitting antennas and towers regardless of height or size with the exception of satellite dish antennas shall connect to and use the City tower sites if use of such facilities is technically feasible.
d. Commercial Antennas and Towers - Non-City Sites: Commercial receiving or transmitting antennas and towers not located on a City tower site shall be a conditional use. Commercial receiving or transmitting antennas and towers may only be located in Commercial, Community Mixed Use and/or Employment Districts. The City may establish permit review periods, tower termination, time limits or an amortization schedule specifying the year in which the tower shall be taken down by the applicant or assign. A performance bond or other surety may be required by the City in order to assure removal of the tower at a specific date.
e. Application: The applicant shall present documentation of the possession of any required license by any Federal, State, or local agency.
f. Requirements: All antennas and towers and support structures including guy wires and foundations shall be subject to the appropriate requirements of subsection A8 of this Section and the setback requirements established for accessory structures in the applicable zoning district. Antennas, towers, guy wires and foundations, and support buildings shall be constructed on 1 lot or parcel and shall be set back a minimum of 30 feet from any front property line.
g. Design: All antennas and towers shall be designed and screened as visually appropriate, shall utilize a City-approved gray or blue color, and shall contain no signage, including logos, except as may be required by any State or Federal regulations.
h. Existing Facilities: Existing transmitting and receiving facilities at the time of the adoption of this Section may remain in service. However, at such time as any material change is made in the facilities, full compliance with this Section shall be required. No transmitting or receiving antennas or towers may be added to existing nonconforming facilities. Towers and receiving facilities shall be dismantled and removed from the site within 1 year after abandonment of the use of the tower or facility for communication purposes.
i. Security Fencing: Security fencing for antennas and towers may include chain link and barbed wire to a total height of 8 feet above grade.
j. Support Buildings: Support buildings to house switching and other communication equipment shall have a brick exterior, be a maximum of 200 square feet in size, 24 feet in height and have 2 off-street, paved parking spaces.
k. Building Permit: A building permit shall be required for the construction of new antennas and/or towers and shall include wind loading and strength and footing calculations prepared by a Minnesota registered engineer.
l. Exception: Antennas attached to, but not above, the exterior walls of buildings as an integral part of the architecture shall be a permitted use in all Commercial, Community Mixed Use and/or Employment Districts. Antennas attached to existing public utility structures or existing public utility towers in any zoning district, including electrical transmission towers or other structures deemed appropriate by the Community Development Department, shall be a permitted use in all zoning districts, provided the antenna(s) do not increase the height or bulk of said structure or tower.
2. Temporary Uses and Structures: The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this Title:
a. Garage and boutique sales in residential districts: Garage sales and residential boutique sales are permitted accessory uses in residential districts, but shall be limited to 3 sales each calendar year per dwelling unit, and shall not exceed 3 consecutive days per sale or 9 total days in duration per year. The maximum daily hours of operation shall be 8:00 A.M. to 6:00 P.M. A residential boutique sale shall not occupy more than 400 square feet of a dwelling unit.
b. Construction Sites: Storage of building materials and equipment or temporary buildings for construction purposes shall be located on the same lot as the project under construction, and shall be removed within 30 days following completion of construction.
c. Portable Storage Unit: A maximum of 2 portable storage units, not exceeding a cumulative gross floor area of 250 square feet shall be permitted on a lot for no more than 30 days per calendar year, unless otherwise approved in conjunction with a building permit.
d. Annual Outdoor Storage and Display: An annual permit shall be required from the Community Development Department to allow outdoor storage and display of merchandise in the Commercial and Mixed-Use Districts. The Community Development Department shall review a site plan and specifics of the proposed outdoor storage and display area/use and may issue the permit, subject to (but not limited to) the following requirements:
i. The area of outdoor storage and/or display shall be limited to 350 square feet or as determined by the Community Development Department.
ii. The outdoor storage and/or display shall not utilize existing on-site parking spaces.
iii. The outdoor storage and/or display area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance.
iv. Merchandise shall be stacked and/or arranged neatly and may be up to 8 feet in height or as determined by the Community Development Department.
v. The type of merchandise shall be limited to items incidental to the primary or principal use of the premises or as determined by the Community Development Department.
e. Seasonal Outdoor Sales: A seasonal outdoor sales permit shall be required from the Community Development Department to allow outdoor sales of merchandise such as produce, plants, garden supplies, and/or a farmer’s market. The Community Development Department shall review a site plan and specifics of the proposed seasonal outdoor sales area/use and may issue the permit, subject to (but not limited to) the following requirements:
i. The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic.
ii. The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site.
iii. The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance.
iv. Accessory structures (e.g. stands, booths, and/or tents) used in conjunction with the seasonal event shall meet all applicable fire codes and parking lot setback requirements.
v. Tents 200 square feet and over in size and/or canopies 400 square feet and over require a review and inspection by the Fire Marshal.
vi. Signage shall be regulated by Chapter 1010 of this Title.
f. Temporary Event: A temporary event permit shall be required from the Community Development Department to allow the temporary sale of merchandise or temporary event/activity. These uses may include the sales of fireworks, rugs, and other similar merchandise and events utilizing search lights or tents for employee/customer appreciation. The Community Development Department shall review a site plan and specifics of the proposed event area/use and may issue the permit, subject to (but not limited to) the following requirements:
i. Any single or recurring temporary event shall be limited 30 total days per calendar year.
ii. The event area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic.
iii. The event area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site.
iv. The event area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance.
v. Accessory structures (e.g. stands, booths, and/or tents) used in conjunction with the seasonal event shall meet all applicable fire codes and parking lot setback requirements.
vi. Tents 200 square feet and over in size and/or canopies 400 square feet and over require a review and inspection by the Fire Marshal.
vii. Signage shall be regulated by Chapter 1010 of this Title.
(Ord. 1403, 12-13-2010)