To regulate and permit the establishment of coffee kiosks within the city of Devils Lake and its extra territorial jurisdiction.

(Ord. 859 (part), 2003)

A "coffee kiosk" means a freestanding structure designed and commercially constructed to allow drivers to remain in their motor vehicles while purchasing coffee, espresso, tea, other beverages and approved pre-packaged beverages and/or baked goods from approved facilities from a drive-up window for consumption off premises and that provides no indoor or outdoor seating.

(Ord. 859 (part), 2003)

A "temporary use" permit must be obtained from the code administrator before establishing a coffee kiosk.

(Ord. 859 (part), 2003)

(Ord. No. 887, 7-6-10)

Coffee kiosks or other drive-up food and beverage facilities are subject to special conditions in Section 17.74.050.

(Ord. 859 (part), 2003)

A.

The applicant shall submit an application for a temporary use which will include:

1.

Name and address of applicant;

2.

Address of proposed site;

3.

Proof off ownership or statement from owner allowing use/lease agreement;

4.

Proposed site layout showing proposed location of building or use area;

5.

Written description of use(s);

6.

General description of goods or services sold and times of operation;

7.

Proposed signing/advertising locations and sizes;

8.

Site circulation, traffic flows or pattern and off-street parking stalls and drive isles;

9.

Dimensions of all parking stalls and drive isles;

10.

Setbacks and property lines on public and private streets;

11.

Size and dimensions of kiosk.

B.

No kiosk shall block, impede or hinder the flow of traffic on or surrounding the lot in which the kiosk is proposed to be located. The kiosk shall not cause congestion on or near any lot access approaches. No fire lane can be blocked by either the structure or patrons of the kiosk.

C.

The structure must be located on a paved surface.

D.

A minimum of five off-street parking spaces is required, as well as a space allowed for four stacked vehicles or fifty feet.

E.

Business signs, limited to flat wall signs are permitted on the structure. No sign attached to the structure shall extend above the roof or extend past the wall to which it is attached. The sign may be illuminated by stationary white lighting only.

F.

The design and operation of the structure shall comply with all codes, rules and regulations imposed or enforced by the City of Devils Lake fire department, engineering department and building department.

G.

All fees imposed by the City of Devils Lake shall be paid before application will be processed.

H.

Any permit issued for the operation of a coffee kiosk is valid for one year only and may be renewed on an annual basis. A non-refundable fee shall be set by the fees and rates to be adopted by the Devils Lake city commission.

I.

The structure may not exceed one hundred fifty square feet.

J.

The structure will not be permanent but rather shall be a moveable structure having skids or wheels.

(Ord. 859 (part), 2003)

(Ord. No. 887, 7-6-10)