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City Council Ordinance 312Ord irar) cam. ORDINANCE AMENDMENT NO. 312 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTIONS 2-2 AND ADDING SECTION 3-11A OF THE MONTICELLO ZONING ORDINANCE BY ESTABLISHING OUTDOOR SALES AND DISPLAY REGULATIONS. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES ORDAIN: Title 10, Chapter 2, Section 2-2, Subsections [TA.1 ] and [RH], are hereby added to the City Code to read as follows: [TA. l ] TEMPORARY OUTDOOR SALES AND DISPLAYS: Temporary outdoor sales/displays shall be defined to be one-time sidewalk sales and special event sales lawfully conducted by the operators of a legitimate, established business within the appropriate zoning district in the city of Monticello. [RH] SEASONAL OUTDOOR SALES AND DISPLAYS: Seasonal outdoor sales/displays shall be defined to be sales such as temporary garden center sales and other outdoor sales of goods and products normally sold by the operators of a legitimate, established business and conducted by the operators of a legitimate, established business within the appropriate zoning district in the city of Monticello and not otherwise allowed by a conditional use permit. Title 10, Chapter 3, Section 3-1 1A, of the City Code is hereby added to read as follows: 3-1 IA OUTDOOR SALES AND DISPLAY: [A] LICENSE. A license must be obtained by any person or business engaging in the operation of seasonal outdoor sales and displays as herein defined. No license shall be required for temporary outdoor sales and displays as herein defined that are conducted by the operators of a legitimate business if it is determined by the Zoning Administrator that such outdoor display or sale is consistent with the intent of the Zoning Code and the Comprehensive Plan. (Transient merchants engaged in outdoor sales and display shall be subject to the provisions of Chapter 10 of the City Code.) [B] Those outdoor sales and displays that are determined by the Zoning Administrator not to be consistent with the intent of the Zoning Code or Comprehensive Plan may be appealed to the City Council. [C] APPLICATION, FEE, AND LICENSE PERIOD. Application for an outdoor sales and display license shall be made to the Zoning Administrator of the City on a form to be provided by the Zoning Administrator. The Zoning Administrator is hereby authorized to review and approve licenses for outdoor sales and displays as follows: Ordinance Amendment No. 312 Page 2 TYPE OF OUTDOOR MAXIMUM TERM OF MINIMUM SALE & DISPLAY OPERATION IN LICENSE FEE CONSECUTIVE DAYS Temporary No license required/90 days maximum term Seasonal 60 days per license/120 License fees shall be as days maximum term established by City Council Resolution Each person or business may be issued only two (2) such licenses per year. Outdoor sales and display for a term in excess of those indicated above shall be allowed only subject to a conditional use permit. [D] LOCATION REQUIRED. Upon application for license, the applicant shall specify the location of the premises on which the outdoor sales area and the type of goods to be sold. No license shall be issued unless the property upon which the business is to be conducted is located within one of the following zoning districts: PZM, CCD, B-1, B-2, B-3, B-4, I-1, 1 - IA, I-2, or PUD. All manners of operation, parking of vehicles, protection, screening, sales area, vehicular access shall be in compliance with the Zoning Ordinance. [E] RESPONSIBILITY OF OPERATION. Any licensee hereunder shall be held responsible for compliance with the ordinances of the City of Monticello, including for nuisances emanating from the licensed operation. The licensee shall not permit debris or any other kinds of litter, waste, or debris from said business to be deposited on any public or private property or on the licensee's own property. This ordinance shall become effective immediately upon its passage and publication according to law. Adopted by the Monticello City Council this 8th day of June, 1998. y Mayor Z ttc.4- City Administrator Published in the Monticello Times on 6/11/98.