C-5, COMMERCIAL/INDUSTRIAL DISTRICT
The purpose of the C-5, Commercial/Industrial District is to provide areas for businesses that have both commercial and industrial characteristics and for the establishment of wholesale and retail trade of large volume or bulk commercial items.
Subject to applicable provisions of this Chapter, the following are permitted uses within the C-5 District:
Subd. 1.
Appliance repair and service.
Subd. 2.
Automobile detailing shops.
Subd. 3.
Breweries with a taproom.
Subd. 4.
Bus/transit stations or terminals with vehicle storage.
Subd. 5.
Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. 6.
Conference centers.
Subd. 7.
Contractor operations.
Subd. 8.
Copy/printing services (excludes printing presses and publishing facilities).
Subd. 9.
Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 10.
Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage.
Subd. 11.
Laboratories.
Subd. 12.
Landscape nurseries.
Subd. 13.
Locksmiths.
Subd. 14.
Lumber yards, building material sales, and similar bulk type retail sales establishments.
Subd. 15.
Mini-storage facilities.
Subd. 16.
Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services).
Subd. 17.
Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events.
Subd. 18.
Sexually oriented businesses - accessory or principal (as regulated by Section 21195 of this Chapter).
Subd. 19.
Sports and fitness clubs.
Subd. 20.
Studios - artist, dance, decorating, karate, music, portrait photography, and similar uses.
Subd. 21.
Vending companies.
Subd. 22.
Wholesale showrooms.
(Amended by Ord. No. 2002-32, 11/26/02; Ord. No. 2005-01, 01/11/05; Ord. No. 2006-04, 02/07/06; Ord. No. 2008-04, 03/11/08; Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2010-01, 02/23/10; Ord. No. 2016-11, 04/26/16)
Subject to applicable provisions of this Chapter, the following are permitted accessory uses within the C-5 District:
Subd. 1.
Accessory buildings and structures for a use accessory to the principal use provided such structure shall not exceed 30 percent of the gross floor space of the principal use.
Subd. 2.
Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section.
Subd. 3.
Electric Vehicle Supply Equipment, as regulated by Section 21120.02. Subd. 10 of this Chapter.
Subd. 4.
Fences, as regulated by Section 21130 of this Chapter.
Subd. 5.
Lower-potency hemp edible (LPHE) products as accessory sales to an allowed retail use, as licensed by the State and registered with the City of Plymouth.
Subd. 6.
Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking of semi-trailers or semi-trailer trucks.
Subd. 7.
Radio and television receiving antennas including single satellite dish TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including federally licensed amateur radio stations, as regulated by Section 21175 of this Chapter.
Subd. 8.
Roof-Mounted Solar Energy Systems, as regulated by Section 21174 of this Chapter.
Subd. 9.
Signs, as regulated by Section 21155 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2011-22, 07/26/11; Ord. No. 2024-22, § 45, 9/24/2024; Ord. No. 2025-02, §§ 69, 70 , 3/25/2025)
Subject to applicable provisions of this Chapter, the following are conditional uses in the C-5 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1.
Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter.
Subd. 2.
Automobile repair—major, provided that:
(a)
Not less than 30 percent of the lot, parcel or tract of land shall remain as landscaped green area according to the approved landscape plan.
(b)
All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, the Minnesota State Fire Code, and other applicable state and county regulations.
(c)
The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC.
(d)
Storage, use and disposal of all flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota State Fire Code.
(e)
All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
Subd. 3.
Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter.
Subd. 4.
Essential service structures (as defined by Section 21005 of this Chapter) that exceed five feet in height or 20 square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.
(Amended by Ord. No. 2004-02, 01/13/04)
Subd. 5.
Manufacturing, compounding, assembly, packaging, warehousing (excluding explosives and hazardous waste), or treatment of merchandise or commodities as an accessory use provided that:
(a)
The use is accessory to an allowable use within this district.
(b)
No outside storage is associated with the use.
(c)
The area devoted to the accessory use shall not exceed 40 percent of the gross building floor area.
Subd. 6.
Motor vehicle sales, leasing, and rental including cars, trucks, recreational vehicles (e.g., RVs, snowmobiles, boats, ATVs); and automobile repair—minor, provided that:
(Amended by Ord. No. 2002-32, 11/26/02)
(a)
Vehicles for sale, lease, or rental shall be parked on a paved surface that conforms to Section 21135 of this Chapter.
(b)
Parking, driveway, and circulation standards and requirements shall comply with Section 21135 of this Chapter.
(c)
There shall be no outside repair or maintenance of vehicles.
(d)
No outside storage shall be allowed except as specifically allowed by separate administrative permit.
(e)
Sale of products other than those specifically mentioned shall be limited to those that are accessory to the principal use and shall be subject to a separate conditional use permit.
(f)
No outside storage of damaged vehicles, or parts and equipment shall be allowed.
(Amended by Ord. No. 2009-07, 05/12/09)
Subject to applicable provisions of this Chapter, the following are interim uses in the C-5 District and are governed by Section 21020 of this Chapter.
Subd. 1.
Reserved.
(Amended by Ord. No. 2019-01, 02/12/19)
Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the C-5 District by administrative permit as may be issued by the Zoning Administrator:
Subd. 1.
Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter.
Subd. 2.
Essential services requiring a permit as provided by Section 21160 of this Chapter.
Subd. 3.
Essential service structures (as defined by Section 21005 of this Chapter) that do not exceed five feet in height or 20 square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities and uses, provided that:
(a)
Equipment is completely enclosed in a permanent structure with no outside storage.
(b)
Landscaping is provided to screen any such storage.
Subd. 4.
Ground-Mounted Solar Energy Systems, as regulated by Section 21174 of this Chapter.
Subd. 5.
Other uses of the same general character as those listed as a permitted use in this District.
Subd. 6.
Outdoor display (permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that:
(a)
The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less.
(b)
No display of merchandise shall occur within the required front, rear, or side yards.
(c)
Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands.
(d)
Such outdoor display of merchandise shall not exceed five feet in height.
(e)
Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator.
Subd. 7.
Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria:
(a)
The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(b)
An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening.
(c)
To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used.
(d)
Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e)
No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols.
(f)
Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 8.
Outside storage as an accessory use provided that:
(a)
The storage area does not take up parking space or loading space as required for conformity to this Chapter.
(b)
All requirements of Section 21105.11 of this Chapter are met.
Subd. 9.
Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter.
Subd. 10.
Temporary events and outdoor sales subject to the following criteria:
(a)
Special Promotional Events (except Carnivals).
(1)
Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials.
(2)
The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event.
(3)
There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision.
(b)
Carnivals.
(1)
The applicant must submit an amusement license application as required by Section 1100 of the City Code.
(2)
The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event.
(3)
There shall be no more than one carnival per calendar year per property.
(c)
Outdoor Sales, including but not limited to transient merchants and transient produce merchants.
(1)
Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, sales of fireworks, seasonal merchandise sales, and transient merchant and transient produce merchant sales.
(2)
The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator.
a.
The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property.
b.
There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property.
c.
Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited.
d.
Sales of fireworks shall also be regulated by Section 1110 of the City Code.
(d)
General Standards applying to all temporary events and outdoor sales.
(1)
The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site.
(2)
Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
(3)
The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4)
Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant.
(5)
The approved permit shall be displayed on the premises for the duration of the event.
(6)
All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit.
(7)
Not more than one such event or sale shall be allowed per property at any given time.
Subd. 10.
Temporary structures, as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2024-09, § 18, 3/26/2024; Ord. No. 2024-22, § 46, 9/24/2024; Ord. No. 2025-02, § 71, 3/25/2025)
The following requirements shall be observed in the C-5 District subject to additional requirements, exceptions, and modifications set forth in this Chapter.
(Amended by Ord. No. 2000-09, 03/21/00; Ord. No. 2002-32, 11/26/02; Ord. No. 2009-07, 05/12/09)
C-5, COMMERCIAL/INDUSTRIAL DISTRICT
The purpose of the C-5, Commercial/Industrial District is to provide areas for businesses that have both commercial and industrial characteristics and for the establishment of wholesale and retail trade of large volume or bulk commercial items.
Subject to applicable provisions of this Chapter, the following are permitted uses within the C-5 District:
Subd. 1.
Appliance repair and service.
Subd. 2.
Automobile detailing shops.
Subd. 3.
Breweries with a taproom.
Subd. 4.
Bus/transit stations or terminals with vehicle storage.
Subd. 5.
Commercial recreation, indoor (e.g., bowling alleys, roller rinks).
Subd. 6.
Conference centers.
Subd. 7.
Contractor operations.
Subd. 8.
Copy/printing services (excludes printing presses and publishing facilities).
Subd. 9.
Essential services not including structures, except those requiring administrative permits or conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 10.
Governmental and public utility (essential service) buildings and structures, including public works type facilities, excluding outdoor storage.
Subd. 11.
Laboratories.
Subd. 12.
Landscape nurseries.
Subd. 13.
Locksmiths.
Subd. 14.
Lumber yards, building material sales, and similar bulk type retail sales establishments.
Subd. 15.
Mini-storage facilities.
Subd. 16.
Offices, administrative/commercial (excludes offices/clinics for medical, dental, or chiropractic services).
Subd. 17.
Religious institutions such as churches, chapels, temples, synagogues, mosques limited to worship and directly related social events.
Subd. 18.
Sexually oriented businesses - accessory or principal (as regulated by Section 21195 of this Chapter).
Subd. 19.
Sports and fitness clubs.
Subd. 20.
Studios - artist, dance, decorating, karate, music, portrait photography, and similar uses.
Subd. 21.
Vending companies.
Subd. 22.
Wholesale showrooms.
(Amended by Ord. No. 2002-32, 11/26/02; Ord. No. 2005-01, 01/11/05; Ord. No. 2006-04, 02/07/06; Ord. No. 2008-04, 03/11/08; Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2010-01, 02/23/10; Ord. No. 2016-11, 04/26/16)
Subject to applicable provisions of this Chapter, the following are permitted accessory uses within the C-5 District:
Subd. 1.
Accessory buildings and structures for a use accessory to the principal use provided such structure shall not exceed 30 percent of the gross floor space of the principal use.
Subd. 2.
Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section.
Subd. 3.
Electric Vehicle Supply Equipment, as regulated by Section 21120.02. Subd. 10 of this Chapter.
Subd. 4.
Fences, as regulated by Section 21130 of this Chapter.
Subd. 5.
Lower-potency hemp edible (LPHE) products as accessory sales to an allowed retail use, as licensed by the State and registered with the City of Plymouth.
Subd. 6.
Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking of semi-trailers or semi-trailer trucks.
Subd. 7.
Radio and television receiving antennas including single satellite dish TVROs two meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including federally licensed amateur radio stations, as regulated by Section 21175 of this Chapter.
Subd. 8.
Roof-Mounted Solar Energy Systems, as regulated by Section 21174 of this Chapter.
Subd. 9.
Signs, as regulated by Section 21155 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2011-22, 07/26/11; Ord. No. 2024-22, § 45, 9/24/2024; Ord. No. 2025-02, §§ 69, 70 , 3/25/2025)
Subject to applicable provisions of this Chapter, the following are conditional uses in the C-5 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1.
Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter.
Subd. 2.
Automobile repair—major, provided that:
(a)
Not less than 30 percent of the lot, parcel or tract of land shall remain as landscaped green area according to the approved landscape plan.
(b)
All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, the Minnesota State Fire Code, and other applicable state and county regulations.
(c)
The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations APC.
(d)
Storage, use and disposal of all flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota State Fire Code.
(e)
All outside storage is prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building.
Subd. 3.
Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter.
Subd. 4.
Essential service structures (as defined by Section 21005 of this Chapter) that exceed five feet in height or 20 square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage.
(Amended by Ord. No. 2004-02, 01/13/04)
Subd. 5.
Manufacturing, compounding, assembly, packaging, warehousing (excluding explosives and hazardous waste), or treatment of merchandise or commodities as an accessory use provided that:
(a)
The use is accessory to an allowable use within this district.
(b)
No outside storage is associated with the use.
(c)
The area devoted to the accessory use shall not exceed 40 percent of the gross building floor area.
Subd. 6.
Motor vehicle sales, leasing, and rental including cars, trucks, recreational vehicles (e.g., RVs, snowmobiles, boats, ATVs); and automobile repair—minor, provided that:
(Amended by Ord. No. 2002-32, 11/26/02)
(a)
Vehicles for sale, lease, or rental shall be parked on a paved surface that conforms to Section 21135 of this Chapter.
(b)
Parking, driveway, and circulation standards and requirements shall comply with Section 21135 of this Chapter.
(c)
There shall be no outside repair or maintenance of vehicles.
(d)
No outside storage shall be allowed except as specifically allowed by separate administrative permit.
(e)
Sale of products other than those specifically mentioned shall be limited to those that are accessory to the principal use and shall be subject to a separate conditional use permit.
(f)
No outside storage of damaged vehicles, or parts and equipment shall be allowed.
(Amended by Ord. No. 2009-07, 05/12/09)
Subject to applicable provisions of this Chapter, the following are interim uses in the C-5 District and are governed by Section 21020 of this Chapter.
Subd. 1.
Reserved.
(Amended by Ord. No. 2019-01, 02/12/19)
Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the C-5 District by administrative permit as may be issued by the Zoning Administrator:
Subd. 1.
Antennas located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter.
Subd. 2.
Essential services requiring a permit as provided by Section 21160 of this Chapter.
Subd. 3.
Essential service structures (as defined by Section 21005 of this Chapter) that do not exceed five feet in height or 20 square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities and uses, provided that:
(a)
Equipment is completely enclosed in a permanent structure with no outside storage.
(b)
Landscaping is provided to screen any such storage.
Subd. 4.
Ground-Mounted Solar Energy Systems, as regulated by Section 21174 of this Chapter.
Subd. 5.
Other uses of the same general character as those listed as a permitted use in this District.
Subd. 6.
Outdoor display (permanent) of seasonal or convenience items (e.g., windshield washer fluid, softener salt) as an accessory use in association with an allowed principal use provided that:
(a)
The area so occupied shall not exceed ten percent of the gross floor area of the principal building or 100 square feet, whichever is less.
(b)
No display of merchandise shall occur within the required front, rear, or side yards.
(c)
Such outdoor display of merchandise shall be limited to the area of customer entrances or within pump islands.
(d)
Such outdoor display of merchandise shall not exceed five feet in height.
(e)
Such outdoor display area shall be included in the calculations for parking spaces required for the use and shall not occupy space required for parking as regulated by Section 21135 of this Chapter, except as may be exempted for cause by the Zoning Administrator.
Subd. 7.
Outside, above ground storage facilities for fuels used for heating purposes; outdoor generators located 200 feet or more away from residentially guided or zoned property; and outdoor equipment used for dispensing fuels to vehicles or containers used in conjunction with the approved principal use, but not for sale. Such features for new developments shall be included with the site plan submitted for review and approval as required by this Chapter, and such features for existing developments shall be subject to the approval of the Zoning Administrator and the following criteria:
(a)
The design, construction, and location of any such features must comply with State and City codes including appropriate National Fire Protection Association standards, Minnesota State Fire Code requirements, and manufacturer's specifications.
(b)
An accurate site plan for the development based upon a certified survey shall be submitted showing to scale the location of such features, including any fencing and landscaping related to safety or screening.
(c)
To assure that fire hose streams can be directed onto such features with minimal obstruction, solid wall enclosures shall not be used.
(d)
Such features must be located so as not to obstruct approved parking spaces, driving aisles, fire lanes, utility easements, or required building ingress or egress points.
(e)
No signage shall be permitted, other than required safety information, product identification, product hazards, and operation instructions. For the purpose of this Section, "signage" includes words, graphics, logos, and symbols.
(f)
Outdoor generators located less than 200 feet from residentially guided or zoned property shall require the approval of a site plan (or site plan amendment) for a major project, pursuant to Section 21045.05 of this Chapter.
Subd. 8.
Outside storage as an accessory use provided that:
(a)
The storage area does not take up parking space or loading space as required for conformity to this Chapter.
(b)
All requirements of Section 21105.11 of this Chapter are met.
Subd. 9.
Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter.
Subd. 10.
Temporary events and outdoor sales subject to the following criteria:
(a)
Special Promotional Events (except Carnivals).
(1)
Such activity is directed towards the general public and includes grand openings, business events, craft shows, flea markets, mechanical and animal rides, and outdoor display of materials.
(2)
The event shall not exceed the period specified in the administrative permit and in no case shall exceed three consecutive calendar days per event.
(3)
There shall be no more than two special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one special event per year. Multi-tenant buildings with less than five lease spaces shall be considered as a single property for purposes of this provision.
(b)
Carnivals.
(1)
The applicant must submit an amusement license application as required by Section 1100 of the City Code.
(2)
The event shall not exceed the period specified in the administrative permit and in no case shall exceed seven consecutive calendar days per event.
(3)
There shall be no more than one carnival per calendar year per property.
(c)
Outdoor Sales, including but not limited to transient merchants and transient produce merchants.
(1)
Such activity is directed towards the general public and includes warehouse sales, sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, sales of fireworks, seasonal merchandise sales, and transient merchant and transient produce merchant sales.
(2)
The following specific standards shall apply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safety code requirements as determined by the Zoning Administrator.
a.
The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative permit and, in no case, shall exceed 90 days per calendar year per property.
b.
There shall be no more sales activities than those specified in the administrative permit and, in no case, shall there be more than 10 sales activities per year per property.
c.
Sales activities may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sales on unpaved landscaped areas is prohibited.
d.
Sales of fireworks shall also be regulated by Section 1110 of the City Code.
(d)
General Standards applying to all temporary events and outdoor sales.
(1)
The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site.
(2)
Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the Zoning Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.
(3)
The submitted plan shall clearly demonstrate that adequate off-street parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21135. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for traffic control by authorized enforcement officers, as approved in writing by the Police Chief, at the petitioner's expense.
(4)
Signage related to the event or sale shall be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the duration of the event. The Zoning Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant.
(5)
The approved permit shall be displayed on the premises for the duration of the event.
(6)
All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by the end date identified in the administrative permit.
(7)
Not more than one such event or sale shall be allowed per property at any given time.
Subd. 10.
Temporary structures, as regulated by Section 21167 of this Chapter.
(Amended by Ord. No. 2008-09, 03/25/08; Ord. No. 2009-07, 05/12/09; Ord. No. 2024-09, § 18, 3/26/2024; Ord. No. 2024-22, § 46, 9/24/2024; Ord. No. 2025-02, § 71, 3/25/2025)
The following requirements shall be observed in the C-5 District subject to additional requirements, exceptions, and modifications set forth in this Chapter.
(Amended by Ord. No. 2000-09, 03/21/00; Ord. No. 2002-32, 11/26/02; Ord. No. 2009-07, 05/12/09)