HomeMy WebLinkAbout20100621 - VIII-B-2
Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner, AICP
Date: June 21, 2010
nd
Subject2 Reading\Adopt Ordinance -
: Amend City Code Chapter 115
Peddlers and Solicitors and Chapter 155 Zoning Code Relating
to Transient Merchant Regulations
REQUEST
nd
The City Council is asked to consider 2 Reading and adopt the attached
amendment to City Code Chapter 115 Peddlers and Solicitors and Chapter 155
Zoning Code Relating to Transient Merchant Regulations.
Currently transient merchants can operate up to 14 continuous days at a site.
The City has been asked to lengthen the 14 day period by an individual operating
a chain saw carving business on a vacant lot owned by Dennis Mann on
rd
Vermillion Street (near 23 Street).
HISTORY
The City Council held the first reading and ordered a public hearing at its April
19, 2010, meeting. The public hearing was held on May 3, 2010, and however
action was tabled action until May 17, 2010. At the May 17, 2010, meeting, the
City Council voted to send the item to the Planning Committee.
The Planning Committee of the Council met on this item on June 3, 2010. The
recommendation of the Committee was to adjust the renewal periods allowed
from three-90 day renewal periods to one-90 day renewal period. This has been
changed in 155.07 Special Provisions G Transient Merchant – Extended Stay (2)
(c).
The Planning Commission voted 7-0 to recommend approval of the Ordinance
Amendments at its April 12, 2010, meeting.
ATTACHMENTS
Resolution
ORDINANCE NO.______________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
HASTINGS CITY CODE CHAPTER 115 – PEDDLERS AND SOLICITORS AND
CHAPTER 155 ZONING CODE RELATING TO TRANSCIENT MERCHANT
REGULATIONS
BE IT ORDAINED by the City Council of the City of Hastings as follows:
Chapter 115 of the Hastings City Code is hereby amended as follows (Additions
to the ordinance are underlined and section numbers may be renumbered.)
CHAPTER 115: PEDDLERS AND SOLICITORS
§ 115.03 LICENSING; EXEMPTIONS.
(C) Application.
(11) The dates during which the applicant intends to conduct business,
and if the applicant is applying for a daily license, the number of days he or she
will be conducting business in the city (maximum 14 consecutive dates, except
for those meeting the requirements of §155.07(G) Special Provisions – Transient
Merchant – Extended Stay)
(F) Duration. An annual license granted under this chapter shall be valid for 1
calendar year from the date of issue. All other licenses granted under this
chapter shall be valid only during the time period indicated on the license.
Transient Merchant licenses are limited to 14 consecutive days or must meet the
requirements of Chapter 115.07(G) – Transient Merchant – Extended Stay.
§ 155.07 SPECIAL PROVISIONS
(G) Transient Merchant – Extended Stay
(1) Definition. Transient Merchant – Extended Stay. Transient
Merchants – Extended Stay are subject to the definition of
TRANSIENT MERCHANT as defined in Chapter 115.01 – Peddlers
and Solicitors.
(2) General Regulations.
(a) Allowed on vacant lots within the C-1, C-2, C-3, and C-4
zoning districts.
(b) Applicant must submit a completed application form to the
Zoning Administrator for review and approval. Intensive uses
and high traffic will require the applicant to apply for a Special
Use Permit which requires City Council and Planning
Commission approval.
(c) Permit shall be valid for 90 days with one 90-day renewal
period in one calendar year.
(d) Transient Merchants who are in operation longer than one
year shall file for an extension of the permit. The extension
requires approval by the City Council. Approval is contingent
on meeting site plan improvements such as, but not limited
to, parking and landscaping. An annual inspection is
required.
(e) No merchandise shall be sold which would violate the city’s
zoning ordinances. Any changes in merchandise sold from
the original application will require a new permit.
(f) Temporary structures may be used, provided they will not
impair the parking capacity, emergency access or the safe
movement of pedestrian and vehicular traffic on or off the
site. All temporary structures shall be constructed with
materials approved for weather-exposure durability and
appearance.
(g) The site shall have adequate off-street parking.
(h) All signs related to the Transient Merchants shall comply with
the standards of the zoning district.
(i) Transient Merchant must meet all applicable building, fire,
and electrical codes and adopted appendices and city
ordinances.
ALL OTHER SECTIONS SHALL REMAIN UNCHANGED
Effective Date: This Ordinance shall be in full force and effect from and after its
passage and approval and publication, as required by law and/or charter.
st
ADOPTED
by the Hastings City Council on this 21 day of June, 2010.
_________________________________
Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Melanie Mesko Lee, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance
presented to and adopted by the City of Hastings, County of Dakota, Minnesota,
st
on the 21 day of June, 2010, as disclosed by the records of the City of Hastings
on file and of record in the office.
_____________________________________________
Melanie Mesko Lee, City Clerk
( SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033