HomeMy WebLinkAbout#100 Drive Ins. Repealed
STATE OF MINNE$OTA iaes, if such is required, the agplication premisea pr oP the neighborhood ie
COUNTY OF RAMSEY and other paBers shall be forthwith re- diaturhed.
VILLAGE OF ARDEN HILL3 turned to the applicant by the Clerk. (c) Ptemises free frnm refuse. No pes-
AN ORDINANCE REGULATIIdG AND The Gouncil may refer the matter to son shall plsce, throw or deBosit
LICENSING THE OPERATION OF the Planning Coxnmission for its con- any waste materis} wpon the out-
DRIVE-IN $USINESS WITHIN THE aideration and report or, at its option, side premises or parking ares o!
VILLAGE OF ARDEN 73ILLS, PRO- may immediately order a public hear- the drive-in business or on anq
VIDING FOR LICENSE FEES, AND ing as provided herein. atreet, alley or adjoining property
PRESCRIBING PENALTIES FOR VIO- In the event the application ia rePer- or in the vicinity except in ade-
LATIQIVS. red to the Planning Commission the ap- quate receBtac1es qrovided for that
ORDINANCE NO. 100 glicant may be required by that Com- punpose, nor shall the licensee Per-
The Village Council of Arden Hills, misaion to appear before it for auch mit such conduct.
Minnesota, doea hereby ordain as followa: further information as may be required. (d) Dieposal of refnse by licensee. The '
Section 1. Definitions: For the pur- Either the Council or the Planning Com- licensee ehall, at least once a day,
pose of this ordinance the following Planning Commission, may require ad- diepose of waste materisls which
terms, phrases, words and their deriva- mission, if reference is made to the tend to create a gublic nuiasnce
' tione shall have the meaning given here- ditional detailed information to deter- on the premises. The licensee shall
jn• mine whether the standards hereinaftex provide a sufficient number of re-
~ (a) The word "shall" is always man- set forth have been met or will be met fuse containere on the premisea
datory snd not merely directory. by the applicant. and ahall take all necessary atepg
(b) °Village° is the Village of Arden Section 6. Standarda. to keep all of the premises free
Hills. In determining to grant or deny an from waste materials.
(c) Drive-in Businesa" is' any buei- application for a licenae hereunder the (e) Sale from windows and other opem-
ness or establishment offering to the Counci] and the Planning Commission, inga. The sale of food or beverages
public a service or food, whether if reference is made to the Planning shall not be permitted from an `
dairy products or any other food Commission, shall follow the following exterior window or other exterior
item, where it ie not necessary standards, to-wit: opening in a drive-in reataurant.
that the customer leave hia car (a) The possbile danger to health, (f) Hours of Operation. No drive-in
or enter the building on the prem- morals and safety of the people of buainess ]icensed hereunder shall
isea to make the purchase or ob- the Village. operate, nor shall any person be
tain the service. In general such (b) The reputation of the applicant, served upon auch premises, be-
businesaes provide parking apace ita officera or agents, if any, as tween the hours of 1 a.m. and 7
on the gremisea for the eustom- to moral'responeibility, good repu- a.m. The hours of operation oY
ere, although thia is not a requit- tation, and apparent competence any particular businesa licenaed
ed part of the deYinition. Any to operate the proposed businesa hereunder may be further restrict-
- businesa offering prepared food, in a manner consistent with the . ed by the Cauncil for good cause -
beverages, or dairy products by public health, safety and Sood in accordance with the standarda
delivery to the customer m the morals. aet forth fn Section 6 hereof, and
vehicle or for consumption by the (c) The desirability of aperation oY a such additional restriction as to
cuetomer in the vehicle ia includ- drive-in bueiness at the proposed hoixre shall be shown upon the li-
ed as a drtve-in business hereun- location durinq the hours applied cense issued to the applicant.
der; except as hereinafter Provid- for with reference to whether there (g) Accesa. The licensee shall Frovide -
ed. By way of illuatratian, but will be an unreasonable disturb- access to public streete or other
without limitation, drive-in busi- ance af t6e peace and 9uiet of the public ways from at ]east two
nesses inelude the following: , neighborhood. points on the premises at all tim-
drive-in theater, t}rive-in bank, (d) The probability of interference ea. Such means af access shall he
drive-m cafe, drive-m hamburger, with traffic or unreasonable traf- kep£ clear by the ]icensee at al]
soft drink or ice cream establish- fic hazards arieing by reason of times to facilitate departure of
menta, and drive-in ]aundry or dry the proposed operation. persons in motor vehiclea and to
. cleaning stations. (e) The probability ofinterference permit entrance of fire apparatus
Groeery stores,,confectionery etor_ with rights of the surrounding or, ambulance in case of emer-
es, or drug atorea which offer property owners by reason of the gency.
talce-home" foo@ services as an discarding of waste material b9 (h) Illuminatian of Area. The parking
incidental part of their businese customers of the proposed businesa. area of any drive-in restaurant
shall not be considered a drive-in Section 7. Pu61ic Hearing. shall be adequstely illuminated by -busmesa. A public hearing shall be held on each electric lights, but such illumina- .
IL i9 recognized that sutomobile applieation hereunder which contsina the tion shall be so arranged by the
service stations are a drive-in bus. reQuired information and is referred to licensee as to ' reflect away from -
iness within thQ meamng of this the Council by the Clerk. Sueh public anp ad]oining reaidenEis] proper-
general definition, but they aze hearing shall be before the Council un- tq.
sAecifically exc]uded from the de- less the Council refers the matter to the -
(i) Drainage and Duat. The parking
finition as used herein since they p]anning Cammission and directs that area on the pzemises shall permit .
are considered to be such a vital the public hearing shall be held befoYe adequate drainage of surface wat-
type of dtive-in buamess 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 provi$ed in Sec- treated by the licensee in such
completely separate category. tion 8 hereof shall be follotved. In the manner -as -to avoid dust an the (d) "Waste Maetrial" means paper event the public hearing is held before
premisea.
wps, strawa, napkins, garbage, the Planning Gommission the Planning (j) No service shall be rendered, de-
beveragea and all other waste mat- Commisaion shall aubmit its report and liveriea made, or sales condueted
ter intended for disPOSa] which, if recommendations thereon to the Council within the required front yard o4
not piaced in a praper receptacle, within 30 days after the date oP the the premises. Cuatomers served in
tends to create a public nuisance public hearing and the matter shall be vehiclea on the premisea shall be by rendering;property unclean, un- placed on the Council agenda and action
ssfe and unsightl parked to the- sides and/or the
y taken thereon by the CounciI at the next rear of the principat structure.
(e) "Person" is any person, form, regular Council meeting after such re- . Section 10. Revocation of License.
partnerehip, association, corpora- port of the Planning Commission. The The Village Council shall have the
tion, company or organization of report and recommendations of the Plan- authority to revoke or suapend the li-
any kind. ning Commisaion shall be advlsory. cense issued hexeunder when the Coun-
Section 2. Licenae and Special Use Per- Section 8. Notice Of Public Hearing. cil finds an,y of the following:
mit Required. The Administrative Clerk shall mail (1) that the licensee is operating in
No person shall canstruct, operate or notice of a pubfic hearing upon said ap- violation of' any governing law,
, maintain a drive-in business within the plication to each of the property ownera ordinance, or regulation;
Village without first obtaining auch within 260 feet 6f the outer boundaries (2) that the licensee has not complied
apeci,a.L use permit or other permit as of the ]and which is the subject of the with all standards and provisions
may be required by the ordinances of application. The Clerk shall take such of a apecial use permit;
thie Village, and also obtaining a drive- names from the a4oresaid ownerahip re- (8) that the lieensee has pailed to prop- -
in license as hereinafter provided. port required to be filed by the appli- erly maintain all ]andscaped areas,
Section 3. Application Procednre, cant, and should make reasonable in- istructures, waste disposal con-
, Applicatiot3s for licenses issued here- quiry to verify the addresses used, but tainers, access drives, parking .
. under shal] be made upan blank forma- in no event shall the Clerk be re9uired areas, lighting, screening, and prepared ar.d made available bq the Vil- to search further than the telephone - other festures in a state of good -
]age Clerk and shall include the follow- directory for the City of Saint Paul and, repair and appearance.
ing information, to-wit: if t:,e Clerk deems it neceseary, tele- (4) that the drive-in business consti- (1) The name: home address and pro- phone inquiry of the ofPice of the Ram- tutes a nuisance by reason of
posed busmess address of the ap- Bey County Treasurer to determine the noise, dieorderly conduct or im-
plicant; names and addresses used by that office mora] activity on the premises;
(2) The number of motor vehiclea with respect to asid parcels. -Suchnotice (b) that maste material is not prop- '
which the proposed drive-in busi- shall be mailed at least 10 days before erly stored in containers and tends ness is designed to accommodate; the date of the hearing, but in no to create a publie nuisance by
(3) The hours of operation for the pro- event shall failure of the Clerk to mail rendering property unclean, un-
nosed drive-tn business ; sueh notice, or failure to receive such safe, unsanitary, and unsightly.
(4) The Pact that the applicant has notice, invalidate the proceeding. Eefore revocation for any of . said
be(,n granted a special use permit . Published notice of said hearing shall causes the Council shall direct the Clerk . 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 sub]ect premisea paper ky publication at ]east once ten
in accordance w~th the Zonmg parent cause exists for revocation of
Ordinance of Arden Hills and any days before the designated date of the the license The licensee, if he requests
other apglicable regulationa or hearing and not more than thirty davs it, shall then be granted a public hear-
before said dasignated date. The pub- ing before the Council at the next reg- -
ordinanees. Iished and mailed notiee provided herein ular Counci] meeting, but such requeat (6) The application shall be accom- shall contain a despription of 'the land by the licensee for a Council hearing
panied by an abstractor's owner_ which is the aubjeet of the ]icense ap- shnl] be made in writing addressed to ship report showing the property p]9catian. the Village Clerk. Following svch pvb-
owners within 250 feet of the out- At the time and place deaignated for lic hearing, if one is requested by the
er boundaries of the property the public hearing the Council or the licensee, the Council may then order
which is t'he subject of the license Planniniz Commisaion, if the matter has revceation 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 Bion, shall hear all those supporting or the procieions hereof.
~ of the application. oppoainG the lir.ense apUlication. Section 11. Severa6ility. .
(6) Such other and additiona] infor- Sertion 9. Reffalationa For Maintenance The provisions of this ordinance shall
mation as the Clerk aha]] conaider Of The Drive-In Bnsiness. be deemed aeverable, anc} in the event
necessary to effectuafg- the pur-" provision of.the o;dinance is found
pose of this Ordinance. A peraon granted a drive-in ]icense any
8ection 4. Application Fee. under the provisione of this ordinance to be invalid or in violation of any
shall oDerate the busineas in accordance existing law, the other provisions here-
coAmnpanied by application an applihereundercation shall fbee e ac of - with the following regulations, to-wit, of shall continue to be in full force and
$26.00. (a) Qniet And Good Order. The li- effect.
Section S. Council Procedare, censee shall maintain quiet and Section 12. Penelties.
In the event the Clerk determines that good order upon the business perm- Violation dP this ordinance shall con-
the application and the accompanying ises and shall not permit disor- stitute a misdemeanor, punishable by
documents are in proper form and con- derly or immoral canduct or loit- $100.00 fine or ten days imprisonment. tain all re9uired information, the Clerk ering. 3ection 13. Effective Date.
shall then submit the application and all (b) Noise and other distnrbancea by Thia ordinance shall be in ful] force
papers to the Cauncil for its coneidera- patrons. Na person on Ehe drive-in and eff2et upon its passage and publica-
- tion. In -the event that the Clerk deter- premises shall race the motor -of tion.
mines that other information ia re- any motor vehicle, needlesely bring Passed b9 the Village Council af Ar-
quired the papera may be returned to to a sudden start or atop any mot- . den Hills this 26th day of June, 1967.
the applicant for such further informa- or vehicle, tinnecessarily blow any ROBERT E. NET$ERCUT,
tion. In the event the property is not horn, or, make or cause to be made MAYOR
properly zoned for a drive-in buainesa or any other loud or unseemly noise, Attest:
s apPCisl use permit has not been grant- nuisance or diaturbance whereby LORRAINE E. STROMQUIST
ed for a drive-in busineas on said prem- the quiet and good order of the Bdministrative Clerk
STATE OF MINNE30TA iaes, if such is required, the agplication pretnises or of the neighborhood ia
COUNTY OF RAMSEY and other papera shall be forthwith re- disturbed.
VILLAGE OF ARDEN HILLS turned to the applicant by the Clerk. (e) Premisea free from refuse. No Ber-
AN ORDINANCE REGULATING AND The Council map refer the matter to son shall place, throw or deposit
LICENSING THE OPERATION OF the Planning Commission for ita con- any waste material wpon the out-
DRIVE IN EU3INE5S WITHIN THE sideration and report or, at ita oHtion, side premises or parking ares ot
VILLAGE OF ARDEN HILLS, PRO- may immediately order a public hear- the drive-in busineae or on any
VIDING FOR LICENSE FEES, AND ing as provided herein. atreet, alley or adjoining property
PRESCRIBING PENALTIES FOR VIO- In the event the agplication is refer- or in the vicinity except in ade-
LATIONS. red to the Planning Commission the ap- quate receDtacles provided for that
ORDINANCE NO. 100 plicant may be required by that Com- yurpose, nor shall the licenaee per- .
The Village Council of Arden Hilla, miseion to appear before it for such mit auch condnet.
Minnesota, does hereby ordain as follows: further infnrmation as may be required. (d) Dieposal of refuse by licensee. The
Section 1. Definitions. For the pur- Either the Council or the Planning Com- licenaee eha]], at ]esst once a day,
pose of this ordinance the following Planning Commission, may require ad- dispose of waste materiels which
terms, phrasea, words and their deriva- mission, if reference is made to the tend to create a public nuisance
tions shall have the meaning given here- ditional detailed information to deter- on the premises. The licensee shall
in. mine whether the atandarda hereinaftex provide a sufficient number of re.
• (a) The word "shall" is always man- set forth have been met or will be met fuse containera on the premisea
datory and not merely directory. by the applicant. and sball take all necessary atepa
(b) Village" ia the Village af Arden Section 6. Standarda. to keep all of the prexnises free
Hills. In determining to grant or deny an from waste materials.
(c) Drive-in Buainess" is any buai- application for a license hereunder the
(e) Sale from windows and other open-
• ness or establishment offering to the Council and the Planning Commission, inga. The sale of foad or beveragea
public a service or food, whether ip reference is made to the Planning shall not be permitted from an
dairy producta or any other food Commission, shall follow the folloiving exterior window or other exterior
item, ovhere it ie not necessary standards, to-wit: opening in a drive-in restaurant.
that the customer lesve his car (a) The possbile c}anger to health, (f) Houra of Operation. No drive-in
or enter the building on the prem- morals and safety of the people of business licensed hereunder shall
. iaea to make the Purehase or ob- the Village. operate, nor shall any gerson ba
tain the service. In general such (b) The reputation of the applicant, eerved up6n such premises, be-
- husinesses provide parking space its officers or agents, if any, as tween the hours of 1 a.m. and 7
on the premises for the custom- to moral responsib4lity, good repu- s.m. The houra of operation oY
ers, although this ie not a re9uir- tation, and apparent competence any particular business licensed
ed part of the definition. Any to operate the proposed businesa hereunder may be further restrict.
busineas offering prepared food, in a manner consistenL with the ed by the Council for good cause
beveragea, or dairy producta by public health, safety and Bood in accordance with the atandarda
delivery to the customer in the morals. set forth in Seetion fi hereof, and
vehicle or for consvmption by the (c) The desirability of aperation oP a such additional restrietion as to
customer in the vehicle is includ- drive-in business at the proposed hoizrs shall be shown upon the li_
ed as a drive-in buainess hereun- location during the hours applied cense iseued to the applicant.
der; except as hereinafter Provid- for with reference to whether there (g) Access. The ]icensee shall provide
ed. By way of illustra2ion, but will be an unreasonable disturb- access to public streets or other
withaut limitation, drive-in busi- ance of the peace and quiet of the puhlic ways from at least two
nessea include the following: neighborhood. pointa on the premises at al] tim.
drivetin theater: drive-in bank, (d) The probability of interference ea. Such means of access shall be
drroe-in cafe, drive-m hamburger, with traffic or unreasonable traY- kept. clear by the ]icensee at al]
soPt drink or ice ereatn establieh- fic hazards arising by reaeon af times to facilitate departure of
ments, and drive-in laundry or dry the proposed operation. "
cleaning stationa. APrsone in motor vehiclea and to
Grocery stores, confectioner stor- (e) The probability of interference permit entranee of fire apparatus
s with rights of the surrounding or ambulance in case of emer-
es, or drug atores which offer property owners by reason of the gency.
"take-home" food services as an diacarding of waste material by (h) Illumination of Area. The parking 9ncidental part of their businesa customers of the proposed business. area of any drive-in restaurant
shall not be considered a drive-in gection 7. Pu61ic Hearing. shall be adequately illuminated by
buainese. A public hearing shall be held on each electric lighta, but such illumina-
It i9 recognized that sutomobile application hereunder whieh conEains the tion Shall be so arranged by the
service stations are a drive-in bus- required information and is referred to . licensee as to reflect away from- -iness within the meaning of this the Council by the Clerk. Such public any adjoining residential proper-
general definition, but they' are hearing shall be before the Council un- ty. specifically excluded from the de- ]ess the Council refers the matter to the (i) Drainege and Dust. The parking finition as used herein since they planning Commission and directs that area on the premises shall permit
are considered to be auch a vital the public hearing shall be held before adequate drainage af aurface wat-
type of drive-in business that they , the Planning Commission. In'either case er and shall be maiirtained or
should be defined and treated as a the notice procedure as provided in Sec- treated by the ]icensee in such completely separate category. tion S hereof shall be followed, In the manner as to -avoid dust on the
(d) "Waste Maetrial" means paper event the Aublic 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 mat- Commission shal] submit 3ta report and liveries made, or salea conducted
ter intended for disposa] which, iY recommendations thereon to the Council within the required front yard of
, not placed in a proper receptacle, within 30 days after the date of the the
tends to create a Dublic nuisance premises. Customers served in
by ren$ering property unclean, un- Public hearing and the matter shall be vehicles on the premiaes shall be
safe and unaightly.. placed on the Council agenda and action parked to the aides and/or the
(e) "Person" ia any person, form, taken thereon by the Council at the next rear of the prineipa] atrueture.
purtnership, association, corporer regular Council meeting after such re- 8ection 10. Revocetiun of License.
tion, company or organization of port of the Planning Commission. The , The Village Counei] shall have the
any kind. report and recommendations of the Plan- autharity to revoke or suspend the li-
Section 2. Licenae and Special Use Per- ning Commisaion shall be advisory. cense issued hereunder when the Coun_
mit Reqnired, Section S. Notice Of Pnblic Hesring. cil finds any of the following:
No person shall construct, operate or The Administrative Clerk ahall mail (1) tbat the licensee is operating in
notice of a public hearing upon said aP- violation of sny governing law,
maintain a drive-in busineas within the pl;cation to each of the property ownera ordinance, or regulation:
Village without firat obtaining such within 250 feet of the outer boundaries (2) that the ]icensee has-not complied
epecial use permit or other permit ae of the land which is the subject of the with all standarde and provisions
may be required by the ordinances o4 application. The Clerk shall take such , of a apecial use permit;
this Village, and also obtaining a drive- names from the aforesaid ownership re- (3) that the licensee has failed to prop-
in license as hereinafter provided. port required to be filed by the appli- erly maintsin all landacaped areae,
$ection 3. Application Prceednre. cant, and should make reasonable in- etructures, waste dispaaal con- -
Applications for licenses issued here- quiry to verify the addresses used, but tainers, access drives, parking
under shall be made upan blank forma in no event shall the Clerk be required areas, lighting, screening, and'
prepared and 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 Fau] and, repair and appearance.
ing information, to-wit: if tie Clerk deems it necessary, te]e- (4) that the drive-in business consti-
(1) The name, home addresa and pro. phone inquiry of the office of the Ram- tutes a nuisance by reason of
posed buainesa address of the ap- eey County Treasurer to determine the noise, disorderly conduct or im-
plicant; names and addresses used by that office moral activity on the premises;
(2) The number of motor vehicles with respect to said pareels. Such notice (6) that waste material is not prop-
which the proposed drive-in busi- shall be mailed at ]east 10 days before erly atored in containers and tends
ness is deaigned to accommodate; the date of the hearing, but in no to create a public nuisance by
(3) The hours of operation for the pro- event shall failure of the Clerk to mail rendering property unclean, un-
posed drive-in business ; such notice, or failure to receive euch safe, unsanitary, and unsightly.
(4) The fact that the applicant has notice, invalidate the proeeeding. Before revocation for any of said
becn granted a special uae permit published notice of said hearing shall causes the Council shall direct the Glerk
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 Lp Dublication at ]east ance ten -parent cause exists far revocation of
• in accordance with the Zoning days before the designated date of the the license The licensee, if he requesta
Ordinance of Arden Hilla and any hearing and not more than thirty daya it, shall then be granted a public hear-
other applicable regulations or before said decip.nated date. The pub- ing before the Council at the next reg_
ordinances. liehed and mailed notice provided herein u]ar Council meeting, but such request
(6) The application shall be accom- shall conta~n a desr.ription of the land by the licensee for a Council hearing
panied by an ab9tractor's owner. . which ia the subject of the license ap- shall be made in writing addressed to
ship report showing the property plication. the Village Clerk. Following such pub-
owners within 250 feet of the out- At the time and place designated for lic hearing, if one is requestec} by the
er boundaries of the property the public hearing the Council or the ]icensee, the Council may then order
which is t'he subject of the license planning Commission, if the matter has revocation of the license if, in its sound
application, and the ownership of been xeferred to the Planning Commis- discretion, it finds good cause under
the property- which is the subject $ion, shall hear all those supportinq or the procisiong hereof.
• of the application. opposinq the ]ir.ense aFUlication. - - Section 11. 3everability. (6) Swch other and additiona] infor- ge,tion 9, Rewalations For Maintenance The provisiona of this ordinance shall
mation as the Clerk shall cansider Of The Drive-In Business, be deemed severable, anc} in the event
necessary to effectuatg the pur- provision of the ordinance is found "
pose op this Ordinance. A person granted a drive-in licenae any
Section 4. Applicatiun Fee. nnder - the pravisions of this ordinance to 6e invalid or in vioiation of any
An application hereunder shall be ac- ahall operate the business in accordance existing ]sw, the other provisions here-
companied 6y ap application fee of with the follawing regu]ations, to-wit: of sliall continue to be in full 4orce and
$26.00. (a) Quiet And Good Otder. The li- ePfeet.
g~tion 12. Penalties.
Section 5. Council Procednre. censee shall maintain quiet and
In the event the Clerk determines that good order upon the husiness perm- Violation of this ordinance shall con-
the application and the accompanying ises and shall not permit disor- stitute a misdemeanor, punishable bY _
documents are in proper form and con- derly or immoral conduct or loit- $100.00 fine or ten daya imprisonment.
- tain all re9uired information, the Clerk ering. Bection 13. Effective IIate. " , -
shall then submit the application and all (b) Noise and other distarbancea by This ordinance shall be in full faree
papers to the Counci] foi its coneidera- , patrans. No person on-the drive-in and effect upon its passage and pubkica- " tion. In the event that the C7erk deter- premises shall race the motor ot tion. -
, mines that other information is re. any motor vehicle, needlessly bring Passed by the Village Council of Ar- - quired the paAers may be returned to to a sudden start or stop any mot- den Hills this 26th dap of June; 1987..
the applieant for such further informa- or vehicle, unnecessarily btow anq ROBERT E. NETHE'RC'UT,
' tion. In the event the property is not horn, or make or cause to be made MAYOR properly zoned for a drive-in business or any other loud or unseemly noise, Attest: - a apPCial use permit has not heen grant- nuisance or disturhance whereby LORRAINE E. STROMQUIST
ed for a drive-in buainess on said prem- the quiet and good order of the Adminiatrative Clerk
~
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
,