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~ BTATE OF MINNE30TA iaes, if such is required, the application premises or oi the neighhorhood is COUNTY OF RAMSEY and other papers shall be forthwith re- disturbed. VILLAGE OF ARDEN HILLS turned to the applicant by the Clerk. (c) Premisea free from refuae. No yer- AN ORDINANCE REGULATING AND The Council may refer the matter to son shall place, throw or depasit LICETTSING THE OPERATION OF the Planning Comxnisaion for ita con- sny waste material upon the out- DRTVEI-IN BUSINES3 WITHIN THE sideration and reDOrt or, at its option, side premisea or parking area of VILLAGE OF ARDEN HILLS, PRO- may immedisteIy order a public Lear- tLe drive-ia businesa or on any VIDING FOR. LICENSE FEES, AND ing as provided herein, street, alley or adjoining progerty PRESCRIBING PENALTIE3 FOR VIO- In the event the apglication ia refer- or in the vicinity except in ade- LATIONS. red to the Planning Commiasion the ap- quate receptacles provided for that ORDINANCE NO: 100 plicant may be required by that Com- punpoee, nor shall the licensee per- The Village Council of Arden Hills, misaian to appear before it for such mit such conduct. Minnesota, does hereby ordain as follows: further information as may be required. (d) Dieposal of refuse by licensee. The Section t. llefinitions. For the pur- Either the Council or the Planning Com- ]icenaee shall, at lesat once a day, pose of thie ordinance the following Planning Commission, xnay require ad- diapose of waste materials which terma, phrases, worda and their deriva- mission, if reference is made to the tend to create s public nuisance tions shall have the meaning given here- ditianal detailed information to deter- on the premises. The licenaee shall jn• mine whether the atan&ards hereinaftet provide a sufficient number of re- (a) The' word "shsll" is alwaya man- aet forth have been met or wil] be met fuse containera on the premisea datory and not merely directory. by the applicant. and shall take all necessary atepa (b) °4illage" ia the Village of Arden $ection Q. Standsrda. to keep all of the premisea free Hills. In determining to grant or deny an from waste materials. (c) brive-in Businesa" is any busi- spplieation Por a licenae hereunder the (e) Sale from windows and other open- nesa or establishment offering to the Council and the Planning Commiasion, inga. The sale of food or beveragea Aublic a aervice or food, whether if reference is made to the Planning shall not be permitted from an dairy producte or any other food Commission, shall follow the fol]owing exterior window or other exterior ; item, where it ia not necesasry atandards, to-wit: opening in a drive-in restaurant. ~ that the customer leave his car (a) The possbile danger to health, (f) $ours of Operation. No drive-in or enter the building on the prem- morals and safetq of the people of busineas licensed hereunder shall iaes to make the purchase or ob- the Village. operate, nor shall any person be tain the service. In general auch (b) The reputation of the applicant, served upon such premises, be- husinesses provide parking space its officere or agents, if any, as tween the hours of 1 s.m. and 7 on the premises for the custom- to moral responsibility, good repu- a.m. The hours of operation of ere, although this is not a requir- tation, and aBPBrent competence any particular business licensed ed part of the definiEion. Any to operate the proposed business hereunder may be further_restrict- , businese offering prepared food, in a manner consistent with the ed by the Council for good cause beveragea, or dairy products b7 public health, safety and good in accordance with the standarda delivery to the customer in the morals, aet forth in Section 6 hereof, and vehicle or for consumption by the (c) 1'he desirability of operation o4 a such additional restriction as to cuatomer in the vehicle ia mclud- drive-in businesa at the proposed houra shall be shown upon the li- ed as a drive-in business hereun- loeation during the hours applied cense issued to the apPlicant. der; exeept as hereinafter provid- for with reference to whether there (g) Accesa. The licensee shall provide ed. By way of illustration, but wi11 be an unreasonable disturb- acceas Eo public atreets or other without limitation, drive-in busi- ance af the peace and quiet of the nesses include the following: public ways from at ]east two drive-in theater, drive-in bank, neighborhood. points on the premisea at all tim- drive-in cafe, drive-in hamburger, (d) The probability of interference es. Such means of acceas shall be with traffic or unreasonable txaf- kept clear by the licenaee at all soft drink or ice cream establish- fic hazards arising by reason of • times to facilitate departure of - ments, and drive-in laundry or dry the proposed operation. . persone in motor vehicles and to eleaning stations. (e) The probaDility of interference permit entrance of fire apparatus ' Grocery stores, confectionery ator- with rights of the surrounding or ambulance in c9se of emer- es, or drug storea which offer property owners by reason of tbe gency. take-home° foad services as an diacarding of waste material hy (h) Illnmination of Area. The parkixig, incidental part of their busineas cuetomers of the praposed businesa. area of any drive-in reataurant shall not be considered a drive-in $ection 7. Public Hearing. shall be adequately illumin8ted by buemese. A public hearing shall be held an each electric lights, but such illumina- It is recognized that sutomobile gpp]pcation hereunder which containa the tlon shall be ao arranged by the service stations are a drive-in bus- required information and is referred to ]icensee as to reflect away from iness within the meaning of thia the Council b.y the Clerk. Such public any adjoining resic}ential proper- general definition, but they are hearing shall be before the Council un- _ specifically excluded from the de- - lesa the Council refers the matter to the (i) Drainage and Dust. The parking finition as ?sed herein aince they planning Commiasion and directs that area on the premises shall permit . are considered to be auch a vital the public hearing shall be held before adequate drainsge of surface wat- type of drive-in business that they the Planning Commission. In either case er and shall be maintained or should be defined and treated as a the notice procedure as provided in Sec- treated by the licensee in such completely separate categorq. tion S hereof shall be followed. [n the manner as to avoid dust an the (d) "Waste Maetria]" meana paper event the Public hearing is held before ' premises. - cups, straws, napkins, garbage, the Planning Gommission the Planning - (j) No service shall be rendered, de- ' beverages and all other waste maL Commission shall submit its report and liveriea made, or sales conducted ter mtended for disposal which, if recommendations thereon to the Council within the required front yard ot not placed m a proner receptacle, within 30 days after the date o4 the the gremises. Cuatomere served in tends to create a public nuisance /public hearing and the matter shall be vehiclea on the premises shall be by rendermg property unclean, un- placed on the Council agenda and action - parked to the aides and/or the safe and unaightly. taken thereon by the Council at the next rear of the principal atructure. (e) Person" is any person, form, regular Couneil meeting after such re- Section 10. I{evocstian of License. partnership, association, corpora- port of the Planning Commission. The The Village Counci] shall havQ the tion, company or organization oP report and recox:zmendations of the Plan- sutharity to revake or suspend the li- any kind. ning Cammisaion shall be advisory. cense issued hereunder when the Coun_ 3ectinn 2. Licehse and 3pecial Uae Per- 5ection S. Notice Of Puhlic Hearing. mit Required. cil finds anY of the following: No person shall construct, operate or The Administrative Clerk shall mai] (1) that the licensee is oPerating in maintain a drive-in businesa within the notice ofa public hearing ugon said ap- violation of any governing law, plication to eacL of the property ownera ordinance, or regulation; Village without first obtaining suoh within 260 feet of the outer boundaries (2) that the licensee has not complied special use permit or other permit as of tMe land whicb is the subject of the with all standarda and provisione may be required by the ordinances oP applicatian. The Clerk shall take such of a specia] use permit; this Village, and also obtaining a drive- namea from the aforesaid awnership re- in license as hereinafter provided. (8) that the licensee has failed to prop- Section 3- Application Prceednre, Port required to be filed by thp appli- erly maintain all landscaped areas, Applications for lieenses isaued here- cant, and should make reasonable in- structures, waste diapasal con- under ahall be made v~on blank forma Auiry to verify the addresses used, but tainers, access drives, parking in no event shall the Clerk be required areas, lighting, screening, and prepared ar.d made available by the Vil- to search further than the telephone other features in a state of good lage Clerk and shall include the follow- directory for the City of Saint Paul and, repair and appearance. mg information, to-wits if tLe Cterk deems it necessary, telr (4) that the drive-in business consti- (1) 1"he name: home addrese and Pro- phone inquirY of the office of the Ram- tutes a nuisance by reason of posed busihess addreas of the ap- eey County Treasurer to determine the noise, disorderly conduct or im- Plicant; names and addresses used by that of'fice moral activity on the premises; . (2) The number of motor vehicles with respect to said parce]s. Such notice (6) that waste material is not prop- which the proposed drive-in busi- ghall-be mailed at least 10 daqs before erly stored in containers andtends ness is designed to accommodate; the date of the hearing, but in no to creake a public nuisance by - (3) The hours of operation for the gro- event shall failure of the Clerk to mail rendering property unclean, an- - nosed drive-in business ; such notice, or failure to receive such saPe, unsanitary, and unsightly. - (4) The fact that the applicant has notice, invalidate the proceeding. Befome revocation for any of said beon granted a special use permit published notice of said hearing shall causes the Council shal] dfrect the Clerl~ - - for the operation of a drive-in be given in the official Village newa- to mail notice to the licensee that ap- business on the subject premises paper bv publication at least ance ten parent cause exists for revocation of - in accordance with the Zoning days before the designated date of the the ]icense. The licensee, if he requests " Ordinance of Arden Hills and any hearing and not more than thirty daya it, shall then be granted a public hear- other apAlicable regu]ationa or before said designated date. The pub- ing before the Council at the next reg- ~ ordinances. lished and mailed notiee provided herein ular Council meeting, but such request ( 5) The application shall be accom- shall contain a description of the Iand by the licensee for a Couneil hearing Panied by an abstractor's owner- which is the aubject of the license ap_ shall be made in writing addresaed to ship -report showing the Rroperty plicatian. the Village Clerk. Following such pub- - owners within 260 feet of the out- At the time and- place designate[} for lic hearing, if one is re9uested by the er boundarieq pf the property the public hearing the Council or the licensee, the Council mas then order which is the siabiect of the license planning Commission, if the matter has r2vocation of the ]icense if, in its sound application, and the ownership of been referred to the Planning Commis- discretion, it finds good cause under the property which is the subject sion, shall hear all thoae supporting or the provisions hereof. of the aPplication, - opposing the license aFUlication. Section 11. Severability. (6) $uch other and additional infar- gectiun 9. Regnlations For Maint¢nance The provisions of this ordinance shall mation as the C]erk shall consider Of 1"he Drive-In Business. be deemed severable, an@ in the event necessary to effectuaxg the pur- pase of this Ordinance. A 'person granted a drive-in Zicense any provision of the ordinance is found $ection 4. Application Fee. under the provisions of thie ordinance to be invalid or in violation of any An application hereunder shall be ac- shall operate the businesa in accordance existing ]aw, the other provisions here- companied by an application fee of with the following regulations, to-wit: of shall continue to be in full farce and $25.00. (a) Quiet And Good Order. The li- effect. 3ection 12. Penalties. 6ection 5. Conncil Procednre, censee shall maintain quiet and Violation oP this ordinance shall con- In the event,the Clerk determines that good arder upon the business perm- etitute a misdemeanor, puniahable by the apAlication and the secomAanying ises and shall not ~permit disor- documenta are in proper form and con- derly or immoral canduct or loib $100.00 fine or ten days imprisonment. tain a1T re9uired information, the Clerk ering. Section 13. Effective Data shall then submit the application and all (b) Noise and other disturbanced bp This ordinance shall be in full force papers to the Council for its considera- patrans. No peraon on the drive-in and effect upon its passage and pUblica- tion. In the event that the C7erk deter- premises shall race the motor of tion. mines that other information is re. any motor vehicle, needlessly bring pasaed by the Village Council of Ar- quired the papers may be returned to to a sudden start or stop anq mot- den Hills thia 26th day of June, 1967. the applicant for such further informa- or vehicle, unnecessarily blaw any ROBERT E. NETHERCUT, tion. In the event the property ia not horn, or make or cause to be made MAYOR properly zoned for a drive-in business or - any other loud or unseemly noise, . Atteat: " a apecia] use permit has not been grant- nuisance ar disturbanee whereby LORRAINE E. STROMQUIST . ed for a drive-in business on said prem- the 4uiet and good order of the Administrative Clerk ,