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11.04 - Temporary Uses § 11.04 Section 11.o4: Temporary Uses Subdivision 1. Purpose and Effect The purpose of this Section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact to neighboring land uses. Source: Ordinance No. 601, 2nd Series Effective Date: 06-07-16 Subdivision 2. Authorized Temporary Uses A. The City Manager or his/her designee may issue a permit for a mobile food vending operation, defined as a self-contained vehicle or trailer used to prepare and serve food that is ready movable without disassembling, to operate for a temporary period not to exceed three (3) days in City Parks, one (1) day in Residential Zoning Districts, or one hundred twenty (120) days in all other Zoning Districts. Properties in Residential Zoning Districts are limited to two (2) permits in a twelve (12) month period. The permit application shall be on a form promulgated by the City Manager or his/her designee and shall include any information needed to establish compliance with this Subdivision. Any application shall include the application fee amount established by the City Council in the master fee schedule, and such fee shall be not refundable if the permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. All mobile food vending permit applications and permits shall be subject to the following conditions: 1. With the permit application, the applicant shall provide written proof that the applicant is the current holder of all license(s) required by Hennepin County and the State of Minnesota, as applicable, with respect to a mobile food vending operation in which food is prepared and served on a vehicle or trailer, and the vendor shall maintain such license(s) in good standing for the duration of the permit. 2. The vendor shall comply with all other applicable provisions of the City Code including, but not limited to, those regulations regarding parking, signage, lighting, and sound. 3. A permit is valid for only one (1) mobile food vending vehicle or trailer. 4. The permitted days of operation shall be set forth in the permit. A vendor that has obtained a permit under this Subdivision, upon the expiration thereof, may apply for another permit under this Subdivision. 5. The permit application shall contain a signed statement that the applicant shall hold harmless the City, and their officers and employees, and shall indemnify the City, and their officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Golden Valley City Code Page 1 of 3 § 11.04 6. If the application seeks to operate a vending operation in a City-owned property and/or on the public right-of-way, the application shall include documentation satisfactory to the City Manager or his/her designee evidencing the applicant's public liability, food products liability, automobile liability, and property damage insurance and that the City is or will be named as an additional insured on such insurance for all the permitted days of operation. Such insurance shall be maintained without change for the duration of the permitted days of operation. 7. The permit shall set forth the location(s) where the vending operation may operate and it shall be a violation of this Section for any vendor to engage in vending operations in any location in the City other than the location(s) set forth in the permit. Mobile Food Vendors must be located at least ten (10) feet from all principle and accessory structures as well as five (5) feet from side and rear yard property lines. 8. Overnight parking and storage by the vendor is prohibited at the permitted location(s). The vendor must vacate the permitted location when not engaging in vending operations. Hours of vending operation are limited to 8 am to 10 pm unless otherwise limited or extended by the City Manager or his/her designee, as set forth in the permit. Permits approved for vending operations on properties located in Residential Zoning Districts are limited to an eight (8) hour time period. 9. With the permit application, the applicant shall provide written proof permission from the owner(s) of the property(ies) at the permitted location(s) to engage in vending operations at those location(s). If the permitted location is located on City-owned property, the issuance of the permit by the City shall constitute such permission. 10. The vendor must keep a copy of the permit with the vending unit and demonstrate compliance with the permit and the permit conditions set forth in this Subdivision upon inspection. 11. The vending operation may be located on public right-of-way unless right- of-way adjacent to the property for which the permit is issued, with the service window facing the curbside of the street. The vending operation may not block sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with public safety. 12. The vending operation shall be located on an impervious surface unless unique circumstances cause the City Manager or his/her designee to permit the operation to be located on a pervious surface. 13. No vending operation may occupy accessible parking spaces or parking spaces used to fulfill any property's minimum parking requirements under this Code, unless the applicable property owner can demonstrate that parking would be adequately supplied during the vending operations. Golden Valley City Code Page 2 of 3 § 11.04 14. The vendor must provide and remove trash and recycling receptacles for customer use and keep the site in a neat and orderly fashion. The permitted location(s) must be kept free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The vendor shall be responsible for all litter and garbage left by customers. 15. No vending operation may be located within two hundred (200) feet at its closest point to the main entrance of a public eating establishment or any outdoor dining area with the exception of other mobile food vendors and except with the written consent of the proprietor of the establishment or dining area. No person shall either pay or accept payment for such written consent. With the permit application, the applicant shall provide written permission from the proprietor when applicable. 16. No vending operation may be located within one thousand (1,000) feet at its closest point to a school while the school is in session unless written permission from the school principal is provided in the permit application. With the permit application, the applicant shall provide written permission from the principal when applicable. 17. Permits issued for vending operations on properties located in Residential Zoning Districts must limit sales to the property owner and other private parties associated with the private event. The vending operation shall not serve the general public unless a Special Event Permit is approved by the City. 18. The placement, duration, or any other applicable requirements for operation under this Subdivision may be superseded by the provisions of an approved Special Event Permit. 19. If while holding a permit granted under this Subdivision, a vendor violates any provision of this Subdivision, in addition to any other remedy provided under this Code, the City Manager or his/her designee may revoke the permit and/or prohibit such vendor from obtaining a new permit under this Subdivision for a period not exceeding thirteen (13) months from the date of such violation for properties in Residential Zoning Districts and not exceeding thirty (30) days from the date of such violation for properties in all other Zoning Districts. Source: Ordinance No. 622, 2nd Series Effective Date: 06-29-17 Subdivision 3. Prohibited Temporary Uses A. Temporary Family Health Care Dwellings, as defined in State Statute, are prohibited in all Zoning Districts. Source: Ordinance No. 610, 2nd Series Effective Date: 08-25-16 Golden Valley City Code Page 3 of 3