Agenda - Planning Commission - 07/21/2016

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(G) Site Maintenance and Restoration. The applicant shall be responsible for maintaining and cleaning the site utilized for the temporary sale or event and restoring it to its original condition. If the City Manager determines that it is necessary, the applicant may be required to post a financial security to ensure site maintenance and/or restoration. 203.020 REVIEW PROCESS (D) Administrative Review. The City Manager shall review the application for compliance with the regulations of the Development Ordinance after receipt of a complete application that contains all required submittal information. (1) Notice. The City Manager shall provide written notification to property owners in accordance with the requirements of Section 203. Failure to give a mailed notice or defects in the notice shall not invalidate the review process provided that a bona fide attempt has been made to contact the property owners. (2) Issuance and Conditions. If the City Manager determines that the use is in compliance with the conditions contained in Section 203, then the City Manager shall approve or deny the application. Conditions required by the Development Ordinance shall be applied to the approval. The application may be denied if the City Manager finds that the request proposed does not conform to the Development Ordinance. (3) Decision and Appeal. Decisions of the City Manager shall be final unless the applicant or other aggrieved party submits an appeal in accordance with Section 203.020(F), Appeals of Administrative Decisions. BROOKLYN PARK regulates transient sales in the B-3 through the provision of a CUP (152.344), temporary uses/events in Business Districts through the provision of an administrative permit (152.345), which are restricted to the proprietor of the business conducted within the principal structure on the property, and seasonal greenhouses or garden centers as an accessory use through CUP (152.362). 'Transient Merchant' - A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days. The term TRANSIENT MERCHANT does not apply to MOBILE FOOD UNIT, as defined in §§ 114.03 and 152.008. § 152.344 ADDITIONAL REGULATIONS FOR CONDITIONAL USES. (E) Transient sales. All applications for Conditional Use Permits must be in compliance with the following. (1) The location for the sale must have a minimum 150 foot setback from any intersection.