HomeMy WebLinkAbout02/28/06C T Y O F
DOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
Andover Planning and Zoning Commission
Meeting Agenda
February 28, 2006
Andover City Hall
Council Chambers
7:00 a.m.
1. Call to Order
2. Approval of Minutes —February 14, 2006.
3. Work Session:
a. Sign Code
b. Automobile Sales Performance Standards
4. Other Business
0 5. Adjournment
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I T Y O F,
TDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planner
SUBJECT: Item 2. Approval of Minutes - February 14, 2006
DATE: February 28, 2006
Request
The Planning and Zoning Commission is asked to approve the minutes from the
February 14, 2006 meeting.
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PLANNINGAND ZONING COMWSSIONMEETING — FEBRUARY I4, 2006
The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on February 14, 2006, 7:00 p.m-, at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, M
Commissioners present:
Commissioners absent:
Also present:
APPROVAL OFMINUTES
January 24, 2006
Chairperson Daninger, Commissioners Tim Kircho$
Michael Casey, Valerie Holthus, Devon Walton and
Michael King.
Commissioner Rex Greenwald.
City Planner, Courtney Bednarz
Associate Planner, Chris Vrchota
Others
Motion by KirchoM seconded by Casey, to approve the minutes as presented. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
PUBLIC HEARING: CONDITIONAL USE PERMIT (06 -0I) TO ALLOW ZERO
LOT LINE CONSTRUCTION ON LOT 5, BLOCK 3, ANDOVER STATION NOR TH
LOCATED NORTHWEST OF THE INTERSECTION OFHANSONAND BUNKER
LAKE BOULEVARD.
Mr. Bednarz noted a conditional use permit is required to allow commercial buildings to
be constructed up to a property line as indicated in the staff report.
Commissioner Kirchoff wondered if this is similar to what was done for the retail
building at Clock Tower Commons. Mr. Bednarz stated it was but that was more
comprehensive because they looked at the whole plat at one tune.
Motion by Casey, seconded by Holthus, to open the public hearing at 7:05 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
Page 2
No one wished to address the Planning Commission. •
Motion by Walton, seconded by Casey, to close the public hearing at 7:05 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
Motion by Walton, seconded by Kirchoff, to recommend to the City Council approval of
the proposed conditional use permit subject to the conditions of the attached resolution.
Motion carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
Mr. Bednarz stated that this item would be before the Council at the February 21, 2006
City Council meeting.
PUBLIC HEARING: LOT SPLIT (06 -03) TO CREATE TWO LOTS FROM LOT 6,
BLOCK 1, ANDOVER STATIONNORTHLOCATED NORTHWEST OF THE
INTERSECTION OF HANSONAND BUNKER LAKE BOULEVARDS.
Mr. Vrchota explained the Andover EDA, which owns the lot, is requesting the lot split.
The lot split will allow land sales to two developers to move forward. Parcel A will be
sold to Bruggeman Builders to be included in the Parkside at Andover Station
development. The EDA is working with a developer who intends to build office
condominiums, similar to those found in Andover Station, on Parcel B.
Mr. Vrchota discussed the staff report with the Commission. •
Motion by Kirchoff, seconded by Casey, to open the public hearing at 7:10 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
No one wished to address the Planning Commission.
Motion by Walton, seconded by Casey, to close the public hearing at 7:10 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
Motion by Kirchoff, seconded by Casey, to recommend approval of the proposed lot
split. Motion carried on a 6 -ayes, 0 -nays, 0- absent (Greenwald) vote.
Mr. Bednarz stated that this item would be before the Council at the February 21, 2006
City Council meeting.
WORK SESSION:
A. Automobile Sales Performance Standards.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
• Page 3
Mr. Bednarz stated the Planning Commission and Council have requested that
performance standards be established for automobile sales.
Staff reviewed performance standards from the communities of Brooklyn Center,
Brooklyn Park and Mounds View. The regulations vary from fairly minimal to quite
extensive.
Mr. Bednarz discussed the staff report with the Commission.
Chairperson Daninger indicated he liked all twelve operational items and thought they
should be included but more could be added.
Commissioner Kirchoff wondered what item four meant Mr. Bednarz stated it would
prohibit either vehicles or signs off of the site where the use is approved.
Commissioner King wondered if in item five, they would require an indoor facility
because he was afraid if that were to happen, it may end up as a salvage yard and he did
not want that to happen. He only wanted the sale of vehicles and not the repair of
vehicles on the property.
Commissioner Walton wondered if they would be excluding the larger dealership if they
• were to disallow the repair of vehicles.
Commissioner King indicated a new auto dealership would different in definition because
they would not be taking in salvaged vehicles to repair and resell them. He indicated he
wanted to make sure this is safeguarded against so they do not get into the same situation
they were in years ago with the salvage yards.
Mr. Bednarz stated they want to avoid using an auto repair facility to collect vehicles and
combine them into one and resell them. He stated they do want to include that damaged
vehicles need to be stored inside.
Commissioner Holthus noted the goal was to avoid the unsightliness of damaged cars
sitting outside.
Commissioner Walton thought item six was tied into item five and answered his question.
Commissioner Walton wondered if they could reduce the poundage even further to
exclude larger possibly commercial vehicles. Mr. Bednarz stated the 12,000 pounds was
suggested by the applicant to eliminate commercial vehicles but could be reviewed and
brought back for further discussion.
Commissioner Holthus stated regarding the required disclosure form and signage, would
a the disclosure form include something like what is stated on page 15 in the packets,
number two. Would this be what is needed on a disclosure form.
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
Page 4
Mr. Bednarz stated car window signage regulations could say is `Not legible' or similar.
He thought 25% was problematic and did not specify window or windows and could be
very difficult to interpret let alone enforce. He stated staff could bring back specific
examples for the Commission to look at
Chairperson Daninger stated they need to add everything they do not want for signage in
the code.
The Commission discussed what they would like to include as unacceptable advertising
and signage in the Code such as "open hoods, gorillas, antennae balls ", etc.
Mr. Bednarz stated item 11, regarding the minim building requirement, they are in a
situation where they have an applicant in an existing building which has value. He
thought they could bring back that specific example for the Commission to look at
Chairperson Daninger wondered if the intent of this was to not have a trailer.
Commissioner Kirchoff wondered if they should be looking at different guidelines for the
two types of dealerships. Mr. Bednarz thought they were trying to prevent the worst
types of auto businesses in Andover that have been seen in other cities.
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Mr. Bednarz stated on item 12, is concern about an auto repair facility storing the .
damaged vehicles and then they migrate over to the auto sales lot once they are repaired.
Commissioner Kirchoff wondered if there were already guidelines for repair facilities
that they would need to follow. Mr. Bednarz stated there are but not to the extent being
discussed tonight.
Commissioner Walton wondered if they needed to specify between an auto body facility
and auto sales. Na. Bednarz stated that is what they were looking to do.
Commissioner Kirchoff wondered if they have standards for auto sales now in the City.
Mr. Bednarz stated they have one sentence allowing an auto dealership in general
business in the City.
Commissioner King wondered if a site plan was required by the recipient of this request
for the conditional use permit. Mr. Bednarz stated that was correct and everything would
be reviewed at that time for approval. Chairperson Daninger stated this situation is
unique. He wondered if there was a timeline for them to complete this. Mr. Bednarz
stated the Council wanted the Commission to look closely at this.
Chairperson Daninger stated there was no discussion regarding security or fencing
around this property. It was agreed that fencing should be regulated.
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Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
• Page 5
Chairperson Daninger wondered if they needed to address ownership of vehicles versus
consignment and title transfer. W. Bednarz stated he thought it was worth discussing
but did not know how they would enforce it
Commissioner Holthus wondered if they needed to discuss how many cars would be on a
typical lot. Mr. Bednarz explained how existing parking requirements apply and that
further review of each site through the CUP would also be a good idea.
Commissioner King wondered if there was any liability for the City if they were to put
this kind of operation into effect. Mr. Bednarz stated he would want to talk with the City
Attorney on that
Commissioner Walton wondered if there was anything that allowed an audit type of
process that is open to audit at any point in time. He wondered if there were any other
types of restrictions they would want to talk about such as franchising, license revocation
and renewal. What are the grounds of revocation and should renewal not be an automatic
thing, it should be an annual process. He also wondered about dual use on the property.
He wondered if this should be allowed or not Chairperson Da thought car sales
should be the only thing allowed on site.
Commissioner Kirchoff wondered if they are looking too deeply at the ordinances.
• Commissioner Walton thought that once they paint this picture, have they painted such a
small square that no one will want to do it He wondered if they follow a specific city's
ordinance, do they have examples of other cities ordinances to see if they are headed in
the right direction and would the auto dealers think that the rules they have been given in
other cities are reasonable or not
Commissioner Kirchoff wondered if they have rules for Great American Bus Company
and how much regulation do they have. Mr. Bednarz stated it is a use that pre- exists their
code. Commissioner Kirchoff wondered if they needed all of these regulations if most
are State Statutes. Chairperson Daninger stated they are moving towards a more
descriptive and constrictive ordinance.
Commissioner King stated one statement that the petitioner made at the last meeting was
that at present time he sells his vehicles at Anoka C.U. and what he was thinking was a
Conditional Use Permit at one location would not allow a person to sell vehicles at other
locations. He thought this was something else to look at.
W. Bednarz stated they would re-write this almost in a list form and bring it back for the
Commission to review and hold a public hearing.
OTHER BUSINESS.
40 Mr. Bednarz updated the Planning Commission on related items.
Regular Andover Planning and ,Zoning Commission Meeting
Minutes — February 14, 2006
Page 6
ADJOURNMENT:
Motion by Casey, seconded by Holthus, to adjourn the meeting at 8:05 p.m. Motion
carried on a 6 -ayes, 0 -nays, 1- absent (Greenwald) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
Timesaver OfJ'Site Secretarial, Inc.
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CN T Y O F
OVE
• 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Chris Vrchota, Associate Planner O'
SUBJECT: Work Session: Discuss Proposed Changes to the Sign Code
DATE: February 28, 2006
INTRODUCTION
As part of the ongoing project to update the Zoning Code, staff has begun the process of
updating the sign code. The goal of these changes is to modernize the code, which has remained
largely unchanged since the 1970's, to clarify unclear or contradictory sections, and to establish a
more defined set of performance standards.
DISCUSSION
There are relatively few substantive changes being proposed. In general, the changes being
proposed are aimed at making the code easier to read and understand. One of the most significant
changes being proposed is making the sign code a stand alone chapter within the zoning code- it
is currently a subsection of the "Performance Standards" chapter. Other substantive changes that
are being proposed include: prohibiting roof signs and billboards, making area identification
signs a permitted use rather than a conditional use, and tracking temporary sign use over the
calendar year, as opposed to tracking them over a 12 -month period starting from the application
date, as is currently done.
Copies of the proposed changes were sent to Andover businesses at the beginning of February.
Business representatives were asked to respond to the proposed changes or contact staff with
questions. They were also invited to attend a meeting at City Hall on February 22" d to discuss
the proposed changes and ask questions. One person attended the meeting. Staff has not
received any further input from the business community regarding the proposed changes.
Attachments
Proposed Sign Code
ACTION REQUESTED
The Planning Commission is asked to discuss the proposed changes to the Sign Code.
F e y ubmitted, ta
Definitions- Section 12 -2
Liahting Diffused Liahtina that is filtered or dispersed so as to be
reduced in intensity.
SIGN: A name, identification, description, display,
structure, illustration, or device which is affixed,
painted, or represented either directly or indirectly
upon a building or other surface which directs
attention to an object, product, place, activity,
person, institution, organization or business.
SIGN, ABANDONED: A sign which no longer correctly advertises a bona
fide business, lessor, owner, product or activity
conducted, or product available on the premises
where the sign is displayed, or elsewhere.
SIGN AREA: The area within the frame shall be used to calculate
the square footage; except, that the width of a frame
exceeding twelve inches (12 ") shall constitute
advertising space, or should such letters or graphics
be mounted directly on a wall or fascia or in such a
way as to be without a frame, the dimensions for
calculating the square footage shall be the area
extending six inches (6 ") beyond the periphery
formed around such letters or graphics in a plane
bounded by straight lines connecting the outermost
points thereof, and each surface utilized to display a
message or to attract attention shall be measured as
a separate sign.
SIGN STRUCTURE: The supports, upright, braces and framework of the
sign.
SIGN STYLES:
Sign, Bench: A sign which is affixed to a bench at not to
include memorial dedications in park areas.
goods or services that are not sold, offered, or
otherwise related to activities conducted on the
premises on which the sign is located.
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Sign, Combination: A sign incorporating arty a combination of the features
`-
of freestanding and wall
signs.
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seEFse.
Sign, Flashing: An illuminated sign on which the artificial light is not
maintained stationary and /or constant in intensity and
color.
Sign, Freestanding: A sign which is supported by one or more uprights,
poles or braces in or upon the ground, other than a
combination sign.
Sign, Illuminated: Any sign which has characters, letters, figures,
designs or outlines illuminated by electric lights or
tubes.
use of "lumiRation. Signs whiGh Fevelve OF tUFR en an
b e GeRsid 1 a if th .+re lees than twe ( )
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Sign, Multi- faced: A sign with two (2) or more exposed faces, not to
exceed the square footage allowed for a single face
sign.
Sign, Pedestal (Pylon): A gFOuRd sign eFeGted an net
iuFe thaR three 13-1
Sign, PeFtable� A sign designed to be moved fFeFn one leGatien to
ane h' h is not a ffi xe d 4 the gFew +rl +r
s#FUstufe.
Sign, Reader Board: A sign which has a reader board where copy
changes.
Sign, Roof: A sign erected upon or above a roof or parapet of a
building.
Sign, Wall: A sign attached to or erected against the wall of a
building, not extending beyond the roof line, with
the exposed face of the sign in a plane parallel to the
plane of said wall.
SIGN TYPES:
L
- - -
Sign, Area
Identification: A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple
residential complex consisting of three (3) or more
structures, a shopping center or area, an industrial
area, an office complex consisting of three (3) or more
structures, or any combination of the above, could be
termed an area.
Sign, Ballfield
Advertising: A sign that is attached to the outfield wall or fence of a
baseball field and advertises a business, good, or
product that is not sold or offered on the premesis.
Sign, Business Or
Industrial Identification: In Ra -business 9r- i AdUBtF * al d , A sign which
states the name, address, or both, of the
businesses, indust or occupants of the a lot,
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Sign, Governmental: A sign which is erected by a governmental unit or
public utility for the purpose of public information,
warning or directing traffic.
Sign, Institutional: A sign and /or reader board which identifies the name
and other characteristics of an institutional use
located within designated zoning districts and allowed
by the this title. "Institutional signs" shall contain no
advertisement. (Examples: churches, schools,
sanitariums, hospitals, government buildings and
nursing homes).
Sign, Real Estate: A sign offering property (land and /or buildings) for
sale, lease or rent.
Sign, Residential
Identification: , A sign identifying a resident
(including address and profession, occupation or
home occupation), school, church, or other non -
business use.
n 1. di }en (I Q) SgUaFe feB placed in •
Sign, Temporary: Any sign „� ,....,......., ._.. � . _, _�__. _ . _ _
such a manner as not to be solidly affixed to any
b structure, or land, and advertising an ev
sLly Tao-a'va'z�Peeial -salG spopt event e
soFn c'4 ati I nn event ho wever shall such
�renth pcn°d
SIGN, UNSIGHTLY: A condition where a sign has deteriorated to the point
that one -fourth (1/4) or more of the surface of the
name, identification, description or other symbol is no
longer clearly recognizable to the human eye at a
distance of forty feet (40'). In the case of painted
signs, "unsightly" shall mean that the paint is peeling
away from the structure surface or is faded so that it
is not recognizable to the human eye at a distance of
forty feet (40').
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CHAPTER 16
SIGNS •
SECTION:
12 -16 -1:
Purpose
12 -16 -2:
Scope
12 -16 -3:
Permit Required
12 -16-4:
Exemptions
12 -16-5:
Signs Prohibited in All Districts
12 -16 -6:
Performance Standards
12 -16 -7•
Permitted Signs and Standards by Zoning District
12 -16 -8:
Signs Allowed by Conditional Use Permit
12 -16 -9:
Temporary and Promotional Signs
12- 16 -10:
Inspections
12 -16 -1: Purpose: The purpose of this section is to allow effective
to provide minimum standards for the safeguard of life, health, safety, property •
and public welfare by regulating and controlling the design, quality of materials,
construction, type, size, location, elestrifiratien and maintenance of all signs
and sign structures not located within a building.
12 -16 -2• Scope: N inns shall hereafFeF be ereGted Fe a -eaten
..
The sian regulations set forth in this chapter shall apply to all structures
and all land uses except as otherwise provided in this chapter. All signs
allowed by this chapter shall be limited to on- premise signs, except where
otherwise specifically noted.
12 -16 -3: Permit Required Foe: A permit is required for the installation of
application shall be submitted and a set fee established by the City Co
shall be paid before a permit is issued. except There shall be no fee for
governmental units or nonprofit organizations.
12 -16-4:
are met:
See subsection 1 -7 -3H of this code.
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A. Real estate signs, not exceeding thirty -two (32) square feet in area
for commercial industrial, and multi - family residential properties and
twelve (12) square feet in area for single and two - family residential
properties advertising only the sale rental or lease of the premises
upon which said signs are located, provided that:
1. Only one (1) such sign is displayed per street frontage.
2. The maximum height shall not exceed eight (8) feet for
commercial industrial, and multi - family residential properties and
four (4) feet for single and two - family residential properties.
3. The sign is set back at least ten (10) feet from the curb or edge of
pavement.
4. Portable /trailer based signs shall not be used as real estate signs.
5. The sign shall be removed within seven (7) days after the
completion of the advertised sale or lease.
B. Election Signs: Election signs are permitted is on any private property.
Such signs may be glared displayed from August 1 until ten (10) days
after the general election.
C. Temporary Governmental Signs: All temporary governmental signs used
to control traffic during road or utility construction activities and provide
information or warning to the public.
D. Private Traffic Circulation Signs: Private traffic circulation signs in parking
lots, and pedestrian circulation signs, and traffic warning signs in alleys or
other hazardous situations anaybe are permitted, provided:
1. SUGh Individual signs do not exceed three (3) square feet.
2. The minimum number necessary for purposes intended is utilized.
3. Such signs are utilized exclusively for purposes intended and permitted.
(Amended Ord. 8,10-21-1970)
E. Normal sign alteration and maintenance shall not require a sign permit,
including:
1. The changing of advertising the copy or message on a reader board
SiM paiRted 9F pFinted sign and pap8Fed billbe or changing a
message on theater marquees.
• 2. Maintenance, painting, repainting or cleaning of a sign unless a
J
structural change is made. •
12 -16 -5: o h•bited Signs; All Pist. Signs Prohibited in All Districts:
The following signs may not be erected within the city:
A. Ne sign Fnay be epeeted Any sign that, by reason of position, shape,
movement or color, interferes with the proper functioning of a traffic sign
or signal or which otherwise constitutes a traffic hazard.
B. There shall be no flashing so or revolving sign in the front setback area
within one hundred twenty five feet (125') of a street intersection (as
measured from intersecting right of way lines) or within one hundred
twenty five feet (125') of a residential district, except where lighting f9
such sign ' in no way constitutes a traffic hazard.
C. Signs shall net be painted directly on a stone, fence, or on the outside
wall of building or any sign affixed to a fence, tree, tone, or utility pole.
D. Roof signs roof advertising symbols, roof logos, roof statues, or
roof sculptures. No sign shall extend above the roofline.
E. Signs maynst be pemmitted within the public right of way or easements,
except as authorized by the governing body_ •
this 6eet
crnv-acvnv,T
er general welfar
F. Ne sigR shall Signs that use red, yellow, or green lights that, by position
or color or in any other manner, tends to cause confusion in the proper
reading of traffic signs or signals.
G. Audible signs.
H. Billboard signs.
1. Any sign which contains information, whether written or graphic,
that is obscene in nature.
J. All sians not expressly permitted or exempted under this chapter.
12 -16 -6: Minimum Sgn Performance Standards:
A. Construction Requirements; : All signs shall be in
aseerdanse compliance with applicable provisions of the state Andover
• Building Code. All SigRS R9t in 13948FITIffity With the pmyisieRs of this title
Every person engaged in the business of erecting advertising and
business signs in the city is required to have a valid contractors
license issued by the Building Department.
B. Maintenance And Repair: All signs shall be maintained so as not to be
unsightly to aclJoining -areas or create hazards to the public health, safety
or general welfare. All signs, together with their supports, braces, guys
and anchors, shall be kept in good repair and in a proper state of
preservation. The display surfaces of all signs shall be kept neatly painted
or posted at all times. The city may order the removal of any sign that is
not properly maintained.
C. Obsolete Signs: Anv sign that no long advertises or identifies a
bona fide business conducted or product sold on the premises shall
be removed by the property owner within thirty (30) days after written
notification from the Zoning Administrator. Support posts and
frames that no longer contain signage must be removed by the
property owner within six (6) months after w ritten notification from
the Zoning Administrator.
D. Size and Placement Standards:
1. A4 Illuminated signs located within fifty feet (50') of a residential district
lot line shall be diffused or indirect so as not to reflect direct Pays -e light
into adjacent residences.
2. In all districts, any portion of any sign exceeding four (4) square feet
shall be set back a minimum of ten feet (10') from any street right of way
line and five feet (5) from any residentially zoned property line. 4kjns
height is net ever five feet (5
3 Projection: Signs may project a maximum 2 feet into a required
building setback area.
4. Automobile service stations may erect one pylon or pedestal sign not
to exceed twenty five feet (25') in height in a setback area, provided no
part of any such sign shall be closer to the side lot lines than the required
side yard setback, nor within five feet (5') of the rear lot line or any street
right of way.
5. Multi -faced signs may shall be permitted, with the maximum square
• footage on each side. Multi -faced signs shall not exceed two (2) times the
area of single faced signs.
—b—
6. Real estate signs shall be permitted on vacant lots subject to the •
provisions of this chapter. ' .
7. All corner and threin double frontage lots shall be considered as
Waving two (2) front lot lines for application of regulations pertaining to
signs.
E. Area Identification Signs: Area identification signs, includina off site
signs shall be permitted in all districts subject to the provisions of
this chapter and with the following conditions:
1. The sign shall not be separated from the area or project it
identifies by an arterial roadway.
2. The sign shall not be included in the total signaae permitted for
the property on which it is located.
3. The owner of the property where the sign is to be placed shall
give written permission for the sign to be placed on their
p rope rty.
12 -16 -7: Permitted Signs and Standards in Spesif+s by Zoning
Districts: Signs shall be permitted by zoning district in accordance with the
following m standards:
A. Residential Districts:
1.Type: Residential identification, area identification, institutional,
temporary, any sign exempted in section 12 -16-4
2. Style: Combination, freestanding, pedestal, wall.
3. Number: One per lot frontage.
4. Height: Not over ten feet (10') above grade except as otherwise
provided herein.
5. Illumination: Indirect or diffused lighting of signs is permitted_, subjestto
6. Size:
a. Residential identification and temporary, as follows:
Maximum
•
Square Feet
Parcel (Land) Size Per Dwellinq
On parcels less than 5 acres 4
On parcels of 5 acres but less 16
than 20
On parcels of 20 acres or 20
greater
*Signs greater than four (4) square feet on parcels of land five
(5) acres or more in size shall only identify agricultural related
uses.
b.TlonFesWeRtmil and Institutional Signs: Institutional signs up to
thirty -two (32) square feet shall be permitted. ThiFty We 3
Sixty -four (64)
square feet of signage is permitted for multiple frontage lots.
c Area Identification Signs: One freestanding sign shall be
allowed at each street entrance to a subdivision Afea
provided:
• (1) The area for development is larger than five (5) acres;
(2) GRe sign PeF develepment is allowed
*#ee ( ARP`) and G laRR g and zeRing
� the r a �
Rd appFeved by the Gity G061
(2) All signs shall be identified on the preliminary plat.
(3) The maximum square footage of the sign is thirty-two (32)
square feet in Z - area.
(4) The sign is located ten feet (10') from any property line.
• n, Chien* *n L 1minatign nnn*rnls
B. General Recreation (GRI And Limited Business (LBI Districts:
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1. Type: Business identification, institutional, area identification •
temporary, any sign exempted in section 12 -16-4
2. Style: Combination, freestanding, illuminated pe re e f , wall.
3. Height: No FR9 than Me feet "'' 'ti ^ "° No taller than the highest
outside wall of building, or twenty -five feet (25'), whichever is less.
A Dr ti • S a i 'ee+ hue feet ( 2') qinto the reuired yard arse
J Y J � � ''
5j MmTa Ill um i n at e d but non fleshing signs r perm i�'tQtJ..
�
6: 4. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of two (2) square feet per front foot of building.
b. No single sign shall exceed two hundred (200) square feet.
c. No individual business signs shall be se arranged so as to create
as one integrated sign haying eve that exceeds two hundred
(200) square feet in size.
C. Shopping Center ( SC) And Neighborhood Business ( NBI Districts: •
1. Type: Business identification, area identification institutional,
temporary, any sign exempted in section 12 -16-4
2. Style: Combination, flashing, freestanding, illuminated, festal -reef,
wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of three (3) square feet per front foot of building
b. No single sign shall exceed one hundred (100) square feet
except nameplat `h„°ine 'den+if atien` area identification
signs, which shall not exceed three hundred (300) square feet.
4. Height: No taller than the highest outside
wall or parapet or twenty five feet (25'), whichever is less.
'Er - - - - .parr:
. w. IIL �rtvrrrt'�"'nnc`tiv�: Il l nw,ineted and flashing signs permifterl
D. General Business ( GBZ Districts:
1. Type: A ' t •�.eFt i s i Rg , Business identification, area identification
institutional, temporary, any sign exempted in section 12 -16-4
2. Style: Combination, flashing, freestanding, illuminated, pedestal reef,
wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of building.
b. No sign shall exceed two hundred fifty (250) square feet.
d N gFoun OF pe d es tal s ere then twenty five feet (25')
vwve average gFad a no rnpf e.ien Fn th te feet (10')
4. Height: No sign shall be more than twenty five feet (25') above
grade.
E. Industrial ( I1 Districts:
1. Type: A�',,�. eFtising Business identification, area identification,
temporary, any sign exempted in section 12 -16-4
2. Style: Combination, flashing, freestanding, illuminated, pedestal, Feef,
wall.
3. Size:
a. The aggregate square footage of sign space per lot shall not
exceed the sum of four (4) square feet per front foot of building.
b. No sign shall exceed three hundred (300) square feet.
G. Ad rt' aGa Rt late shall net eveeerl fe..r (4)
- �zcrrcr�TSm�.�n�rca .......... .......,.......... . _ _. � • J
4. Height: No sign shall be more than twenty -five feet (25') above grade. •
12 -16-8: Signs Allowed By Conditional Use Permit:
A. Permitted Signs: The following signs shall be allowed by conditional use
permit o*:
1. Marquees of any type, with or without signs.
2. Signs on benches (not in city parks), newsstands, cabstand signs, bus
stop shelters and similar places.
be allowed, preyided�
-- a
3. Real estate signs over thirty-two (32) square feet per lot frontage and
exceeding other sign area limits in business and industrial areas.
• Inn..te.f Within never.t„ five feet (76') of a residential rlictri Gt
_.
provided 6. AFea wdeRtifiration signs Fnay be allowed,
4. Institutional signs in residential districts with an aggregate square
footage exceeding thirty two (32) square feet and/or more than one sign
per lot frontage, provided:
a. The sign is located ten feet (10') from any property line.
b. The aggregate square footage of sign space shall not exceed
one hundred (100) square feet.
c. The sign shall be of the following styles: combination,
freestanding, pedesta e€ or wall.
e- d. The sign shall be located at least one hundred thirty feet
(130 from any residential structure.
5. Off site area identification signs for shopping centers over 10,000
square feet in the GB zoning district, within the following conditions:
a. The sign shall be located within 500 feet of the shopping
center.
b. The sign shall not be separated from the shopping center
by an arterial street.
c. The sign shall be subject to all applicable size, height,
setback and construction standards.
• d. The sign shall not be included in the total signage
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• • .
4. Institutional signs in residential districts with an aggregate square
footage exceeding thirty two (32) square feet and/or more than one sign
per lot frontage, provided:
a. The sign is located ten feet (10') from any property line.
b. The aggregate square footage of sign space shall not exceed
one hundred (100) square feet.
c. The sign shall be of the following styles: combination,
freestanding, pedesta e€ or wall.
e- d. The sign shall be located at least one hundred thirty feet
(130 from any residential structure.
5. Off site area identification signs for shopping centers over 10,000
square feet in the GB zoning district, within the following conditions:
a. The sign shall be located within 500 feet of the shopping
center.
b. The sign shall not be separated from the shopping center
by an arterial street.
c. The sign shall be subject to all applicable size, height,
setback and construction standards.
• d. The sign shall not be included in the total signage
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permitted for the property on which it is located.
e. The owner of the property where the sign is to be placed •
shall give written permission for the sign to be placed on their
p rope rty.
" Q21 fanilities; (ball fields)
Ballfield advertising signs that are not
visible from adjacent residential property as viewed from ground level.
.......... MrI
- - - -
S�AY11Tl.
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�I�MfMt��IN�ilMIMl�
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12 -16 -9: Temporary and Promotional signs:
Genditional Use : The following signs are allowed permitted, subject
to the provisions of this chapter: .
1. I C f ♦ Si • D as ,+
I ec4�4 /fr�r ren4 sale er lee) sigc �e Fnay � J �
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IS
- - - -
polio
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12 -16 -9: Temporary and Promotional signs:
Genditional Use : The following signs are allowed permitted, subject
to the provisions of this chapter: .
1. I C f ♦ Si • D as ,+
I ec4�4 /fr�r ren4 sale er lee) sigc �e Fnay � J �
■
IS
• A. Temporary Signs: Temporary signs shall be permitted in any district in any
yard area; except, that:
1. Such sign shall not be within ten feet (10') of any street right of way or
within five feet (5') of any other lot line.
2. There shall be no more than th�,Fee %, one Il such signs per business.
on ° vrraRy L ett..
3. The total area of such signs shall not exceed thirty two (32) square
feet. Non - institutional signs in residential districts shall be limited
in size as outlined in section 12- 16 -7 -A -6 of this code.
4. A maximum of 30 days of temporary signage is permitted per
business per year.
B. Promotional Signs: The City Administrator or designee may approve signs
or other devices that do not comply with the standards of this title when
they are found to be in conformance with the public health, safety, and
welfare., t .,,. of whinh is when Such signs or devices are may be
used to attract attention, diFer +ly Felat to, and paFt Of teFRp9FaFy out
special promotional events (grand openings, carnivals, craft shows, flea
• markets and other similar events). Such events shall not exceed ten (10)
calendar days per year. Examples of the signage and devices that may be
approved in this manner are spotlights, skytrackers, balloons, peFtable
signage, and similar devices.
by the Gity adFnffiAiGtFateF 9F designee to be iR GeRfeFmanGe with the p
hea lth, sa fety, + -�
d If All 4 f pFeva bthe pity
adFRiRistF;atGF OF designee Fespensive to this subsertien H6 shall be Fn
fee on suppeFt ef the appliratieR as set fGqIh by }- (Amended Ord.
8, 10 -21 -1970; amd. 2003 Code)
C. Temporary Real Estate Signs- The City Administrator or designee
may approve temporary, off -site real estate signs.
49
' See subsection 1 -7 -3A of this code.
12- 16 -10: Inspections: Upon proper presentation of credentials, the
Building Official or his duly authorized representatives may enter at reasonable •
times any building, land or structure in the city to inspect or re- inspect any signs.
(Amended Ord. 8, 10 -21 -1970)
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Planning and Zoning Commissioners
FROM: Courtney Bednarz, City Planneio
SUBJECT: Work Session: Automobile Sales Performance Standards
DATE: February 28, 2006
INTRODUCTION
This item continues the discussion from the February le meeting.
DISCUSSION
At the previous meeting the Planning Commission expressed specific items they wanted the
performance standards to address. This report and the attached draft ordinance attempt to
address these items.
Background
Used vehicle sales is proposed to be a conditional use in the Industrial Zoning District. One of
the standard conditions will require completion of the Commercial Site Plan (administrative)
review process to ensure compliance with the City Code. Other reasonable conditions can be
added to the conditional use permit based on the particular circumstances of the site and
surrounding land uses.
A city issued license, to be renewed annually, will also be required. The process for this
program is described in the attached draft ordinance. The ordinance includes specific standards
that can be enforced through standard enforcement procedures as well as the licensing process.
State Statutes
At the last meeting the Commission was generally in favor of the enumerated items in the staff
report and added several items from the Brooklyn Center ordinance and through the discussion.
It should be noted that some of these items are covered by State Statutes 168 and 65B. These
items are described below. The Driver and Vehicle Information section of the Department of
Public Safety web site (www.dps.state.mn.us) also provides good information. It is suggested
that the following items not be regulated locally other than through reference to state statute.
Bonding
State Statute 168.27 Subd. 24. Bonds
This statute requires a $50,000 bond written for the benefit of the State and any transferor, seller
or purchaser of a motor vehicle that suffers monetary loss as a result of failure of the dealer to
meet the standards established by the state (see attached State Statute 168.27).
State Statute 168.27 Subd 25 Preemption of local ordinances.
This subdivision causes the bond described above to supersede and preempt all local bonding
requirements for motor vehicle dealers.
w
Vehicle Registration
State Statute 168A.11 Purchase of vehicle by dealer (attached) describes the procedures for
disclosure and transferring title for dealers. Dealers have an option to transfer the title of an
acquired vehicle to the dealership but are not required to transfer the title until it is sold.
However, dealers are required to notify the state of any vehicle held for resale within 48 hours of
acquisition and are also required to keep records at the business site for at least three years (State
Statute 168A.I I).
Liability Insurance
Insurance is one of the licensure prerequisites required by the state. This includes minimum
limits of $30,000 per person, $60,000 per accident, $10,000 property damage, $25,000 per
person / $50,000 per accident under and uninsured motorist liability protection, $20,000 medical
and $20,000 non - medical personal injury.
There was discussion about requiring dealers to name the City as an insured parry through their
insurance policy. The City is not liable for the activities of a motor vehicle dealer. The City
requests to be named as an insured for associations where there are shared maintenance
responsibilities, not to protect the City from liability resulting from an individual operator
violating state law or otherwise acting in a negligent manner.
OTHER ITEMS
Vehicle Weight
The previous staff report suggested that vehicles be limited to 12,000 pounds. The discussion
intimated that vehicle sales should be limited to cars and trucks commonly used by residents and
prevent larger trucks and trailers from appearing on these sites. For the purposes of local
regulation, curb weight is the term that should be used as this describes the actual weight of the
vehicle as opposed to the weight it can carry or tow. Staff believes 10,000 pounds can be used
without being overly restrictive as a brief comparison of the weights of different vehicles
illustrates:
Vehicle
Curb Weight
Cube Van- 24 Foot Box 15,200 lbs.
Cube Van- 14 Foot Box
9,500 lbs.
Ford Excursion
7,770 lbs.
Hummer H -1
7,213 lbs.
Ford F -350 Crew -cab Superduty Pickup
7,014 lbs.
Ford E -350 Caro Van
6,500 lbs.
Chevy G3500 Extended Caro Van
6,333 lbs.
GMC Yukon XL
6,074 lbs.
Building Value Relative to Land Value
The Commission was interested in establishing a provision similar to Brooklyn Center. The
following is a comparison of the estimated land and improvement values according to Anoka
County: Land:$63,000; Improvements: $87,100 (or 1.38 times the land value).
0
-2-
Service Station Regulations
As discussed, this section has been attached to show how service stations are regulated.
ACTION REQUESTED
The Planning Commission is asked discuss the draft ordinance and any changes necessary to
prepare it for a public hearing on March 14, 2006.
Attachments
Draft Ordinance
City Code 12 -8 -7
State Statutes 168.27, 168A.11
Minnesota Vehicle Dealer License — Commercial Location Checklist
Planning Commission Minutes
1
Cc: Joe Brabant 16351 Gladiola Lane NW
I*
•
3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TO ADD NEW AND USED VEHICLE SALES
AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT AND ESTABLISH
LICENSING REQUIREMENTS AND PERFORMANCE STANDARDS
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
CITY CODE TITLE 12-13 PERMITTED, CONDITIONAL, AND
PROHIBITED USES ENUMERATED
U
Permitted, Permitted Accessory,
Conditional, and Prohibited Uses
Zoning Districts
R -1
R -2
I R-31
R4
I R -5
M -1
M -2
I GR
I LB
I NB
SC
GB
I
New Vehicle Sales
P
� ! — Cg
Used Vehicle Sales
C
C
CITY CODE TITLE 3 BUSINESS AND LICENSE REGULATIONS
CHAPTER 8
Vehicle Sales Business
3 -8 -1: Purpose and Intent
3 -8 -2: Definitions
3 -8 -3: License Required
3 -8 -4: Application for License
3 -8 -5• Review of Application: Issuance or Denial
3 -8 -6: License Fees and Term: Renewals
3 -8 -7: Conditions of License
3 -8 -8: Standards
3 -8 -9: Violation Provisions
3 -8 -10: Revocation of License
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3-8-1: PURPOSE AND INTENT: It is the purpose of this chanter to regulate vehicle sales to
establish reasonable and uniform regulations to prevent adverse impacts on the health safety.
morals and general welfare of the citizens of the city. •
3 -8 -2: DEFINITIONS: [no new definitions needed]
--y-
3-8-3: LICENSE REQUIRED• No person shall engage in the business of selling, trading or
•
advertising the sale of new or used automobiles within the city without first obtaining a license
as provided in this Chanter. For the purposes of this chapter anyone who, as a part of their
livelihood engages in the regular sale trade or exchange of automobiles shall be deemed to be
doing business as a new or used automobile dealer.
3 -8 -4: APPLICATION FOR LICENSE:
A Information Required: Any person partnership or corporation desiring to sec a
license shall make application to the City Clerk including the following:
1. Completed city application form
2. Fee as established by City Code
3. Completed Minnesota Vehicle Dealer License — Commercial Location Checklist
3-8-5: REVIEW OF APPLICATION• ISSUANCE OR DENIAL: The City Clerk sha submit
the application to the City Council for its consideration The Council by motion, ma grant or
refuse to grant the license after consideration of the application.
3-8-6: LICENSE FEES AND TERM; RENEWALS: The fee for every such license sha be
established by resolution of the City Council Every such license shall expire on December 31
next after it is issued.
3 -8 -7:
CONDITIONS OF LICENSE:
A
d a
Transferability' The license shall not be transferable from one person to ano ther, and
new license must be applied for each time a place of business is changed.
B
Posting: Every such license shall be kept conspicuously posted in the place for which the
license is issued and shall be exhibited to any person upon request.
C
Inventory: Vehicles allowed to be sold or stored on site shall be limited to p assenger
vehicles with a curb weight of less than 10,000 pounds.
D
Restrictions and Conditions: The Council may impose any conditions or restrictions it
deems necessary or advisable in the public interest including but not limited to the hours
of operation building materials fencing landscaping screening lighting and signage.
E _
Review: The Council may review the license at any time for the purpose of adding
additional conditions to mitigate adverse impacts on the health safety, morals and
general welfare of the citizens of the city.
3-8-8:
STANDARDS• The following standards are established for all businesses engaged in the
selling
trading or advertising the sale of new or used automobiles within the city:
A.
Parking areas shall conform to the requirements of City Code 12 -13 -9. The Si Pl
shall clearly identify parking for customers and parking for display of vehicles for sale.
•
Parking shall be prohibited in drive lanes on landscaped areas and any place other than
approved on the site plan.
—s—_
B. All businesses engaged in the sales trade or advertising the sale of new or used
automobiles shall be confined to the site for which a license is issued. •
C. Vehicles that are visibly damaged shall not be visible from public streets and shall not be
stored outdoors for more than 48 hours.
D. Outdoor storaize of automobile parts or other materials including but not limited to tires,
scrap metal glass pallets and refuse shall be prohibited.
E. Sales of used automobile parts shall be prohibited.
F. The dismantling or reduction of vehicles shall be prohibited.
G. Signage shall conform to City Code 12 -13 -8 and shall be further restricted as follows:
1. No sign may be posted on vehicles except those required by the State of Minnesota.
2. All signs posted on vehicles shall be inside the vehicle.
3. No sign posted on vehicles shall be legible from public streets.
4. No banners ennants inflatable characters or other attention drawing devices not
expressly permitted by City Code 12 -13 -8 are allowed.
H. The estimated value of improvements to the licensed property shall exceed the estimated
market value of the licensed property as estimated by Anoka County.
I. No automobile repair shall be allowed on any premises licensed for used automobile
sales that does not also possess a new motor vehicle dealer license issued by the State of
Minnesota.
3-8-8: VIOLATION PROVISIONS• Any person who shall violate any portion of this ch a p ter
shall be guilty of a misdemeanor.
3-8-9: REVOCATION OF LICENSE• Every such license may be revoked by the Council af ter
the license has been given reasonable notice and an opportunity to be heard for the violation of
any provision of this chapter or for the violation of any conditions or restrictions in the motion
granting the license or any motion thereafter passed by the Council.
CITY CODE 12 -12 -09 OFF STREET PARKING REQUIREMENTS:
H. Number Of Spaces Required: The following minimum number of off street parking stalls
shall be provided and maintained by ownership for the respective uses hereinafter set forth:
New and Used Vehicle Sales Enmlovee Parking: 3 stalls plus 1 stall per 400 square fee •
of gross floor area (GFA) beyond the first 1,000 GFA
--K
Customer Parking 5 stalls 1lus 5 stalls per acre above the
first acre.
•
Adopted by the City Council of the City of Andover on this day of , 2006.
CITY OF ANDOVER
Michael R. Gamache, Mayor
ATTEST:
Vicki Volk, City Clerk
0
•
City Council in the amount provided by the fee resolution, set forth .
in this code;
3. The Fire Chief may deny a permit to persons not capable of
performing pursuant to ordinance requirements.
12$6; EXTERIOR STORAGE: In all districts, the governing body may
order the owner of property to apply for a Conditional Use Permit to conduct an
open storage use, including existing uses, provided it is found that said use
constitutes a threat to the public health, safety, convenience, morals or general
welfare. (Amended Ord. 8, 10-21 -1970)
12 -8-7: AUTOMOBILE SERVICE STATION
The regulation of automobile service stations strives to achieve compatibility of
these stations with adjacent and abutting land uses. In addition, such regulation
is intended to protect the public health, safety and general welfare by mitigating
and potentially detrimental aspects of automobile service stations, including
potential traffic hazards, noise, light glare at night, outdoor storage of
merchandise, indiscriminate advertising, environmental health hazards, and the
like. Automobile service stations shall be subject to the following:
A. All new buildings, the site, tanks, piping and dispensing stations, shall
comply with the current provisions of the International Building Code,
Minnesota State Fire Code, and all provisions related to underground
liquid storage systems required in Section 12-8 -7 of this code.
B. Building permits shall not be issued for new construction or remodeling of
facilities unless Fire Department approval has been received.
C. Hours of operation will be approved by the City Council.
D. The site plan shall show parking areas for customers, employees, service
vehicles and those needing repair and no other areas of the site will be
allowed vehicle parking. No vehicle shall be parked awaiting service
longer than ten (10) days. Inoperable vehicles are regulated per section
6-5 of City Code.
E. Pump islands are subject to setback requiremerts.
F. Exterior storage and sales shall only be allowed as approved through the
Conditional Use Permit.
0
—B—
6-5-
2:
Definitions
6-5-
3:
Vehicles Exempt From Provisions
6-5-
4:
Abandoned Vehicle On Private Property
6-5-
5:
Impoundment Of Abandoned Vehicles
6-5-
6:
Vehicles To Be Tagged
• 6-5-
7:
Report Of Impoundment
6-5-
8:
Reclamation Of Impounded Vehicle
6-5-
9:
Public Sale Of Unclaimed Vehicle
6 -5-10:
Enforcement; Entry Powers
6 -5-11:
Violation
6-5-1: NARRATIVE; NUISANCE DECLARED: The accumulation and
storage of abandoned, wrecked, junked, partially dismantled, or inoperative
vehicles within the city is hereby found to create a condition which reduces the
value of private property, invites plundering, creates fire hazards, attracts vermin,
and constitutes an attractive nuisance creating a hazard to-the health and safety,
of the public. The accumulation and outside storage of such vehicles is
determined to be of the nature of rubbish, litter and unsightly debris, which
adversely affects the health, safety and general welfare of the community.
Therefore, the accumulation and storage of such vehicles on public or private
property is hereby declared to constitute a public nuisance, which may be abated
as provided herein or as provided under any other ordinance of the City.
(Amended Ord. 245,-10 -6 -1998)
• 6-5-2: DEFINITIONS: The following definitions and terms shall apply in
the interpretation and enforcement of this chapter.
BANDONED MOTOR
VEHICLE. A motor vehicle, as defined by Minnesota Statutes
Section 169.01, which has remained for more than
forty eight (48) hours in a condition described by
one of the following:
A. On public property in violation of either the
Minnesota Statutes or City ordinance;
B. On private property without consent of the person
in control of the property,
C. Disabled;
D. Without license plates conspicuously displayed
thereon; or
E. With license plates, which have an expiration date
more than ninety (90) days prior to the date of
• inspection.
ISABLED: Partially or completely dismantled or appearing
either to be undrivable or to be lacking any of
those parts of a motor vehicle which are essential
to the functioning of the vehicle, including, but not
_ r
limited to, the motor, drive train, and wheels.
Minnesota Statutes 2005, 168.27 Page 1 of 18
Minnesota Statutes 2005 Table of Chapters
Table of contents for Chapter 168 is
168.27 Motor vehicle dealers; violations, penalties.
Subdivision 1. Definitions. (a) For the purposes of
this section, the terms in paragraphs (b) to (o) have the
meanings given them.
(b) "Auctioning motor vehicles" means arranging for and
handling the sale of motor vehicles, not the property of the
auctioneer, to the highest bidder.
(c) "Brokering motor vehicles" means arranging sales or
leases between buyers and sellers, or lessees and lessors, of
motor vehicles and receiving a fee for those services.
(d) "Commercial building" means a permanent, enclosed
building that is on a permanent foundation and connected to
local sewer and water facilities or otherwise complying with
local sanitary codes, is adapted to commercial use, and conforms
to local government zoning requirements. "Commercial building"
may include strip office malls or garages if a separate entrance
and a separate address are maintained and the dealership is
clearly identified as a separate business.
(e). "Commercial office space" means office space occupying
all or part of a commercial building.
•
(f) "Dealer" includes licensed new motor vehicle dealers,
used motor vehicle dealers, motor vehicle brokers, wholesalers,
auctioneers, lessors of new or used motor vehicles, scrap metal
processors, used vehicle parts dealers, and salvage pools.
(g) "Horse trailer" is a trailer designed and used to carry
horses and other livestock, which has not more than three axles
and a maximum gross weight capacity of not more than 24,000
pounds.
(h) "Junked vehicle" means a vehicle that is declared
unrepairable under section 168A.151
(i) "Leasing motor vehicles" means furnishing a motor
vehicle for a fee under a bailor - bailee relationship where no
incidences of ownership are intended to be transferred other
than the right to use the vehicle for a stated period of time.
(j) "Motor vehicle" has the meaning given it in section
168.011 subdivision 4, and also includes a park trailer as
defined in section 168.011 subdivision 8.
(k) "Motor vehicle broker" means a person who arranges the
sale of a motor vehicle between a buyer and a seller, or the
lease of a motor vehicle between a lessee and a lessor, for
which service the broker receives a fee.
(1) "New motor vehicle" means a motor vehicle other than
http: / /www.revisor.leg.state.mn.us /stats / —/d— 2/16/2006
Minnesota Statutes 2005, 168.27 Page 2 of 18
described in paragraph (j).
. (m) "Registration year" means the 12 -month period for which
a dealer license is issued.
(n) "Used motor vehicle" means a motor vehicle for which
title has been transferred from the person who first acquired it
from the manufacturer, distributor, or dealer. A new motor
vehicle will not be considered a used motor vehicle until it has
been placed in actual operation and not held for resale by an
owner who has been granted a certificate of title on the motor
vehicle and has registered the motor vehicle in accordance with
this chapter and chapters 168A and 297B, or the laws of the
residence of the owner.
(o) "Wholesaling motor vehicles" means selling new or used
motor vehicles to dealers for resale to the public.
Subd. la. Dealer license categories. (a) No person
shall engage in the business of selling new motor vehicles or
shall offer to sell, solicit, deliver, or advertise the sale of
new motor vehicles without first acquiring a new motor vehicle
dealer license.
(b) No person shall engage in the business of selling used
motor vehicles or shall offer to sell, solicit, deliver, or
advertise the sale of used motor vehicles without first
acquiring a used motor vehicle dealer license.
• (c) No person shall engage in the business of buying or
otherwise acquiring vehicles other than hulks; or offering to
buy or otherwise acquire, or soliciting or advertising the
buying or acquiring of, vehicles other than hulks for processing
and selling the metal for remelting without first acquiring a
scrap metal processor license.
For purposes of this paragraph, a "hulk" is a motor vehicle
that is incapable, under its own power, of moving and is
incapable of transporting persons or property and has had
valuable used parts removed. Its sole value is its metallic
content.
(d) No person shall be primarily engaged in the business of
buying or otherwise acquiring vehicles for the purpose of
dismantling the vehicles and selling used parts and the
remaining scrap metals without first acquiring a used vehicle
parts dealer license.
(e) No person shall engage in the business of storing and
displaying, offering to store or display, or soliciting or
advertising the storing or displaying, for sale, of damaged or
junked vehicles as an agent or escrow agent of an insurance
company without first acquiring a vehicle salvage pool license.
(f) No person shall engage in the business of leasing motor
vehicles or shall offer to lease, solicit or advertise to lease
motor vehicles without first acquiring a motor vehicle lessor
license.
(g) No person shall engage'in the business of wholesaling
http: / /www. revisor. leg .state.nm.us /stats/168 /27.html ,�� 2/16/2006
Minnesota Statutes 2005, 168.27
motor vehicles to dealers for resale or shall offer to sell,
solicit or advertise the sale of motor vehicles to dealers for
resale without first acquiring a motor vehicle wholesaler
license.
(h) No person shall engage in the business of auctioning
motor vehicles for more than one owner at an auction or shall
offer to sell, solicit or advertise the sale of motor vehicles
at auction without first acquiring a motor vehicle auctioneer
license.
(i) No person shall engage in the business of brokering
motor vehicles without first acquiring a motor vehicle broker's
license.
Subd. 2. New motor vehicle dealer. (a) A new motor
vehicle dealer licensee may sell, broker, wholesale, or auction
and solicit and advertise the sale, brokerage, wholesale, or
auction of new motor vehicles covered by the franchise and any
used motor vehicles, and may lease and solicit and advertise the
lease of new motor vehicles and any used motor vehicles. New
motor vehicle dealer sales or leases may be either for consumer
use at retail or for resale to a dealer. A new motor vehicle
dealer may engage in the business of buying or otherwise
acquiring vehicles for dismantling the vehicles and selling used
parts and remaining scrap materials under chapter 168A, except
that a new motor vehicle dealer may not purchase a junked
vehicle from a salvage pool, insurance company, or its agent
unless the dealer is also licensed as a used vehicle parts
dealer. Nothing in this subdivision requires an applicant for a
dealer license who proposes to deal in: (1) new and unused
motor vehicle bodies; or (2) type A, B, or C motor homes as
defined in section 168.011 subdivision 25, to have a bona fide
contract or franchise in effect with either the first -stage
manufacturer of the motor home or the manufacturer or
distributor of any motor vehicle chassis upon which the new and
unused motor vehicle body is mounted. The modification or
conversion of a new van -type vehicle into a multipurpose
passenger vehicle which is not a motor home does not constitute
dealing in new or unused motor vehicle bodies, and a person
engaged in the business of selling these van -type vehicles must
have a bona fide contract or franchise with the appropriate
manufacturer under subdivision 10. A van converter or modifier
who owns these modified or converted van -type vehicles may sell
them at wholesale to new motor vehicle dealers having a bona
fide contract or franchise with the first -stage manufacturer of
the vehicles.
(b) The requirements pertaining to franchises do not apply
to persons who remodel or convert motor vehicles for medical
purposes. For purposes of this subdivision, "medical purpose"
means certification by a licensed physician that remodeling or
conversion of a motor vehicle is necessary to enable a disabled
person to use the vehicle.
(c) A new motor vehicle dealer shall not deliver a
manufacturer's or importer's certificate of origin for a
passenger automobile, pickup truck, or van requiring a
certificate of title according to chapter 168A to any person in
conjunction with the sale of a vehicle except to the department,
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another new motor vehicle dealer licensed to sell the same line
or make, or a person whose primary business is picking up and
• delivering motor vehicle title documents.
(d) If a new motor vehicle dealer agrees to sell or lease a
new motor vehicle using the services of a motor vehicle broker,
the new motor vehicle dealer may not refuse to deliver
possession of the vehicle to the buyer or lessee. This
paragraph does not require delivery unless all arrangements have
been properly completed for payment, insurance required by law,
titling, transfer, and registration of the new vehicle and any
trade -in vehicle. Delivery may take place at or away from the
dealership.
Subd. 3. Used motor vehicle dealer. A used motor
vehicle dealer licensee may sell, lease, broker, wholesale, or
auction and solicit and advertise the sale, lease, brokerage,
wholesale, or auction of any used motor vehicles for consumer
use at retail or for resale to a dealer. A used motor vehicle
dealer may engage in the business of buying or otherwise
acquiring vehicles for dismantling the vehicles and selling used
parts and remaining scrap materials under chapter 168A, except
that a used motor vehicle dealer may not acquire a junked
vehicle from a salvage pool, insurance company, or its agent,
unless the dealer is also licensed as a used vehicle parts
dealer.
Subd. 3a. Scrap metal processor. A scrap metal
processor licensee may buy or otherwise acquire vehicles and
. solicit and advertise the buying or acquiring of vehicles for
processing and selling the metal for remelting. A scrap metal
processor licensee may not acquire a junked vehicle for the
purpose of dismantling and selling used vehicle parts and
remaining scrap materials unless the scrap metal processor is
also licensed as a used vehicle parts dealer.
Subd. 3b. Repealed by amendment, 2002 c 371 art 1 s 9
Subd. 3c. Vehicle salvage pool. A vehicle salvage
pool licensee may store and display and may solicit and
advertise the storing and displaying, for sale, of damaged or
junked vehicles as an agent or escrow agent of an insurance
company. A vehicle salvage pool licensee shall not sell junked
vehicles to any party other than a licensed used parts dealer.
Subd. 4. Motor vehicle lessor. A motor vehicle
lessor licensee may lease or rent either by the hour, day, or
longer period for a fee and may solicit and advertise the lease
or rental of motor vehicles. A motor vehicle lessor having
leased motor vehicles, may sell the vehicles upon their return
to the lessor after termination or expiration of the lease
without obtaining a used motor vehicle dealer license.
Subd. 4a. Limited used vehicle license. (a) A
limited used vehicle license shall be provided to a nonprofit
charitable organization that qualifies for tax exemption under
section 501(c)(3) of the Internal Revenue Code whose primary
business in the transfer of vehicles is to raise funds for the
corporation, who acquires vehicles for sale through donation,
and who uses a licensed motor vehicle auctioneer to sell
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Minnesota Statutes 2005, 168.27 Page 5 of 18
vehicles to individuals, or who sells and reassigns vehicles to
a licensed motor vehicle dealer. This license does not apply to
educational institutions whose primary purpose is to train •
students in the repair, maintenance, and sale of motor
vehicles. A limited used vehicle license allows the
organization to accept assignment of vehicles without the
requirement to transfer title as provided in section 168A.10
until sold or donated to an individual or licensed motor vehicle
dealer. Limited used vehicle license holders are not entitled
to dealer plates, and shall report all vehicles held for resale
to the Department of Public Safety in a manner and time
prescribed by the department.
(b) A nonprofit charitable organization with a limited used
vehicle license shall, within 90 days after a vehicle donation,
send a donor a receipt for the donated vehicle which states its
model; age; level of use, including, but not limited to, the
mileage; its condition, and whether a visual inspection
disclosed any readily apparent defects that would materially
reduce the value of the property. The receipt must include the
date of the donation and must state whether the vehicle was
operable or inoperable at the time of the donation.
Subd. 5. MS 1961 Repealed, 1965 c 681 s 4
Subd. 5. MS 1982 Repealed, 1984 c 549 s 34; 1984 c 654
art 3 s 153
Subd. 5a. Consignment sales. No person may solicit,
accept, offer for sale, or sell motor vehicles for consignment
sale unless licensed as a new or used motor vehicle dealer, a •
motor vehicle wholesaler, or a motor vehicle auctioneer. This
requirement does not apply to a licensed auctioneer selling
motor vehicles at an auction if, in the ordinary course of the
auctioneer's business, the sale of motor vehicles is incidental
to the sale of other real or personal property. Incidental
means up to a total of ten but no more than ten percent of the
items in the posted auction bill are motor vehicles.
Subd. 6. Motor vehicle wholesaler. A motor vehicle
wholesaler licensee may sell, solicit or advertise the sale of
motor vehicles at wholesale for resale; provided that a
wholesaler may sell, solicit, or advertise the sale of new motor
vehicles only to dealers duly licensed to sell the same make of
motor vehicles.
Subd. 7. Motor vehicle auctioneer. A motor vehicle
auctioneer licensee may sell, solicit and advertise the sale of
used motor vehicles belonging to others at auction.
Subd. 7a. Motor vehicle broker. (a) A motor vehicle
broker shall provide each buyer or lessee with a written
disclosure stating whether the motor vehicle broker receives a
fee from the dealers with whom the broker does business. The
new or used motor vehicle dealer is the seller of record in all
such transactions. The motor vehicle dealer may pay the motor
vehicle broker a fee for brokering services rendered. A motor
vehicle broker may: •
(1) advertise and solicit the brokering of new motor
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Minnesota Statutes 2005, 168.27 Page 6 of 18
vehicles. A motor vehicle broker shall not advertise or make
any representations which state, imply, or suggest that the
• motor vehicle broker itself sells vehicles, is authorized to
sell vehicles, or obtains vehicles directly from the motor
vehicle manufacturer. All advertising or other solicitations by
a motor vehicle broker shall disclose that sales of new motor
vehicles are arranged through franchised motor vehicle dealers;
(2) negotiate or quote the sale price or lease terms of
motor vehicles;
(3) prepare and deliver documents necessary to the
transaction;
(4) accept a down payment not to exceed $500, but otherwise
may not accept payment in full or in part for a motor vehicle
unless the payment is in the form of a negotiable instrument
payable to the vehicle dealer;
(5) accompany a motor vehicle purchaser or lessee at the
time of delivery by the selling dealer of a new motor vehicle;
and
(6) be present when warranties and safety features are
described by the selling dealer in conjunction with the delivery
of a new motor vehicle.
(b) A motor vehicle broker shall not:
• (1) engage in the business of selling new or used motor
vehicles as described in subdivisions 2 and 3;
(2) execute contracts or official documents for the sale or
lease of a new motor vehicle;
(3) describe a new vehicle's warranties or safety features
in conjunction with the delivery of a new motor vehicle;
(4) display motor vehicles available for sale or lease; or
(5) perform any dealer preparation of new motor vehicles.
All dealer preparation shall be performed only by a licensed new
motor vehicle dealer.
(c) This subdivision does not apply to licensed motor
vehicle lessors and shall not be construed to restrict licensed
motor vehicle lessors from brokering motor vehicle leases or
otherwise engaging in the leasing of motor vehicles in
accordance with subdivisions 1 and 4.
Subd. 8. Exemptions. (a) Salespeople and other
employees of licensed dealers under this section are not
required to obtain individual licenses.
(b) Isolated or occasional sales or leases of new or used
motor vehicles are exempt from this section. A person who makes
only isolated or occasional sales or leases is not required to
be licensed under this section, is not considered to be in the
business of selling or leasing motor vehicles, and does not
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Minnesota Statutes 2005, 168.27 Page 7 of 18
qualify to receive dealer plates under subdivision 16.
"Isolated or occasional sales or leases" means: (1) the sale or
lease of a motor vehicle with an actual cash value of $1,000 or •
less made by a charitable organization; (2) the sale, purchase,
or lease of not more than five motor vehicles in a 12 -month
period, other than pioneer or classic motor vehicles as defined
in section 168.10 subdivisions la and lb, or (3) sales by a
licensed auctioneer selling motor vehicles at an auction if, in
the ordinary course of the auctioneer's business, the sale of
motor vehicles is incidental to the sale of other real or
personal property. For purposes of this subdivision, charitable
organization means a nonprofit charitable organization that
qualifies for tax exemption under section 501(c)(3) of the
Internal Revenue Code.
(c) A person whose sales of new and used motor vehicles
consist solely of sales to political subdivisions and their
agencies of vehicles used solely as fire - fighting equipment is
not required to obtain a license under this section. The person
may apply for and receive in- transit plates under subdivision 17
in the same manner as licensed motor vehicle dealers for the
purpose of allowing fire - fighting equipment to be transported
from the dealer's source of supply or other place of storage to
the dealer's place of business, to another place of storage, or
directly to the purchaser.
Subd. 9. Application. All license applications under
this section and all license renewals must be made to the
registrar of motor vehicles and duly verified by oath. The
applicant shall submit such information as the registrar may
require to administer this section in a manner and format •
prescribed by the registrar.
Subd. 10. Place of business. (a) All licensees under
this section shall have an established place of business which
shall include as a minimum:
(1) For a new motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the
licensee. The lease must be for a minimum term of one year.
The building must contain office space where the books, records,
and files necessary to conduct the business are kept and
maintained with personnel available during normal business
hours. Dealership business hours must be conspicuously posted
on the place of doing business and readily viewable by the
public;
(ii) a bona fide contract or franchise (A) in effect with a
manufacturer or distributor of the new motor vehicles the dealer
proposes to sell, broker, wholesale, or auction, or (B) in
effect with the first -stage manufacturer or distributor of new
motor vehicles purchased from a van converter or modifier which
the dealer proposes to sell, broker, wholesale, or auction, or
(C) in effect with the final -stage manufacturer of the new type
A, B, or C motor homes which the dealer proposes to sell,
broker, wholesale, or auction;
(iii) a facility for the repair and servicing of motor
vehicles and the storage of parts and accessories, not to exceed
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Minnesota Statutes 2005, 168.27 Page 8 of 18
ten miles distance from the principal place of business. The
service may be provided through contract with bona fide
operators actually engaged in the services;
(iv) an area either indoors or outdoors to display motor
vehicles that is owned or under lease by the licensee; and
(v) a sign readily viewable by the public that clearly
identifies the dealership by name.
(2) For a used motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the
licensee. The lease must be for a minimum term of one year.
The building must contain office space where the books, records,
and files necessary to conduct the business are kept and
maintained with personnel available during normal business hours
or automatic telephone answering service during normal business
hours. Dealership business hours must be conspicuously posted
on the place of doing business and readily viewable by the
public;
(ii) an area either indoors or outdoors to display motor
vehicles which is owned or under lease by the licensee; and
(iii) a sign readily viewable by the public that clearly
identifies the dealership by name.
(3) For a motor vehicle lessor, the following: a
. commercial office space where the books, records, and files
necessary to conduct the business are kept and maintained with
personnel available during normal business hours or an automatic
telephone answering service during normal business hours.
Business hours must be conspicuously posted on the place of
doing business and readily viewable by the public. The office
space must be owned or under lease for a minimum term of one
year by the licensee.
(4) For a motor vehicle wholesaler, the following: •a
commercial office space where the books, records, and files
necessary to conduct the business are kept and maintained with
personnel available during normal business hours or an automatic
telephone answering service during normal business hours. The
office space must be owned or under lease for a minimum term of
one year by the licensee.
(5) For a motor vehicle auctioneer, the following: a
permanent enclosed commercial building, within or without the
state, on a permanent foundation, owned or under lease by the
licensee. The lease must be for a minimum term of one year.
The building must contain office space where the books, records,
and files necessary to conduct the business are kept and
maintained with personnel available during normal business hours
or an automatic telephone answering service during normal
business hours.
• (6) For a motor vehicle broker, the following: a
commercial office space where books, records, and files
necessary to conduct business are kept and maintained with
personnel available during normal business hours, or an
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Minnesota Statutes 2005, 168.27
automatic telephone answering service available during normal
business hours. A sign, clearly identifying the motor vehicle
broker by name and listing the bro.ker's business hours, must be
posted in a location and manner readily viewable by a member of
the public visiting the office space. The office space must be
owned or under lease for a minimum term of one year by the
licensee.
(b) If a new or used motor vehicle dealer maintains more
than one place of doing business in a county, the separate
places must be listed on the application. If additional places
of business are maintained outside of one county, separate
licenses must be obtained for each county.
(c) If a motor vehicle lessor, wholesaler, auctioneer, or
motor vehicle broker maintains more than one permanent place of
doing business, either in one or more counties, the separate
places must be listed in the application, but only one license
is required. If a lessor proposes to sell previously leased or
rented vehicles or if a broker proposes to establish an office
at a location outside the seven- county metropolitan area, as
defined in section 473.121 subdivision 2, other than cities of
the first class, the lessor or broker must obtain a license for
each nonmetropolitan area county in which the lessor's sales are
to take place or where the broker proposes to locate an office.
(d) If a motor vehicle dealer, lessor, wholesaler, or motor
vehicle broker does not have direct access to a public road or
street, any privately owned roadway providing access to a public
road or street must be clearly identified and adequately
maintained.
(e) A new or used motor vehicle dealer may establish a
temporary place of business outside the county where it
maintains its licensed location to sell horse trailers
exclusively without obtaining an additional license.
(f) A new or used motor vehicle dealer may establish a
temporary place of business outside the county where it
maintains its licensed location to sell recreational equipment
exclusively without obtaining an additional license if:
(1) the dealer establishes a temporary place of business
for the sale of recreational equipment not more than four times
during any calendar year;
(2) each temporary place of business other than an official
county fair or the Minnesota State Fair within the seven - county
metropolitan area, as defined in section 473.121 subdivision 2,
is established jointly with at least four other recreational
equipment dealers;
(3) each temporary place of business other than an official
county fair outside the seven - county metropolitan area, as
defined in section 473.121 subdivision 2, is established
jointly with at least one other recreational equipment dealer;
(4) each establishment of a temporary place of business for
the sale of recreational equipment is for no more than 12
consecutive days; and
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(5) the dealer notifies the registrar of motor vehicles of
each temporary place of business for the sale of recreational
equipment.
Subd. 11. Dealers' licenses; location change notice;
fee. (a) Application for a dealer's license or notification
of a change of location of the place of business on a dealer's
license must include a street address, not a post office box,
and is subject to the commissioner's approval.
(b) Upon the filing of an application for a dealer's
license and the proper fee, unless the application on its face
appears to be invalid, the commissioner shall grant a 90 -day
temporary license. During the 90 -day period following issuance
of the temporary license, the commissioner shall inspect the
place of business site and insure compliance with this section
and rules adopted under this section.
(c) The commissioner may extend the temporary license 30
days to allow the temporarily licensed dealer to come into full
compliance with this section and rules adopted under this
section.
(d) In no more than 120 days following issuance of the
temporary license, the dealer license must either be granted or
denied.
(e) A license must be denied under the following conditions:
• (1) The license must be denied if within the previous ten
years the applicant was enjoined due to a violation of section
325F.69 or convicted of violating section 325E.19 325E.15
325E.16 or 325F.69 or convicted under section 609.53 of
receiving or selling stolen vehicles, or convicted of violating
United States Code, title 15, sections 1981 to 1991 or pleaded
guilty, entered a plea of nolo contendere or no contest, or has
been found guilty in a court of competent jurisdiction of any
charge of failure to pay state or federal income or sales taxes
or felony charge of forgery, embezzlement, obtaining money under
false pretenses, theft by swindle, extortion, conspiracy to
defraud, or bribery.
(2) The license must also be denied if within the previous
year the applicant has been denied a dealer license.
(3) A license must also be denied if the applicant has had
a dealer license revoked within the previous ten years.
(f) If the application is approved, the commissioner shall
license the applicant as a dealer for one year from the date the
temporary license is granted and issue a certificate of license
that must include a distinguishing number of identification of
the dealer. The license must be displayed in a prominent place
in the dealer's licensed place of business.
(g) Each initial application for a license must be
accompanied by a fee of $100 in addition to the annual fee. The
annual fee is $150. The initial fees and annual fees must be
paid into the state treasury and credited to the general fund
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Minnesota Statutes 2005, 168.27 Page 11 of 18
except that $50 of each initial and annual fee must be paid into
the vehicle services operating account in the special revenue
fund under section 299A.705
Subd. 12. Grounds for suspension and revocation. (a)
A license may be suspended or revoked by the registrar of motor
vehicles upon proof satisfactory to the registrar of any of the
following:
(1) violations of any of the provisions of this chapter or
chapter 168A, 297B, 325E, or 325F;
(2) violation of or refusal to comply with the requests and
order of the registrar;
(3) failure to make or provide to the registrar all
listings, notices, and reports required by the registrar;
(4) failure to pay to the registrar all taxes, fees, and
arrears due from and by such dealer;
(5) failure to duly apply for renewal of license provided
for in this section;
(6) revocation of previous license, of which the records of
the registrar relating to the revocation are prima facie
evidence of the previous revocation;
(7) failure of continued occupancy of an established place
of business; •
(8) sale of a new and unused current model motor vehicle
other than the make of motor vehicle described in the franchise
or contract filed with the original application or renewal
thereof, without permission from the registrar;
(9) sale of a new and unused current model motor vehicle to
anyone except for consumer use, or to a dealer duly licensed to
sell the same make of motor vehicle;
(10) material misstatement or misrepresentation in
application for license or renewal;
(11) having advertised, printed, displayed, published,
distributed, broadcast, or televised or caused or permitted to
be advertised, printed, displayed, published, distributed,
broadcast, or televised in any manner whatsoever, or having made
orally any statement or representation with regard to the sale,
lease, or financing of motor vehicles that is false, deceptive,
or misleading;
(12) having been convicted of violating section 325F.69 or
having been enjoined due to a violation of section 325F.69
(13) having been convicted of violating the Minnesota
Odometer Law, section 325E.14 325E.15 or 325E.16 or the
federal odometer law, United States Code, title 15, sections
1981 to 1991; •
(14) having been convicted of violating the sale of motor
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vehicles on Sunday law, section 168.275
(15) having been convicted under section 609.53 of
receiving or selling stolen vehicles; or
(16) having pleaded guilty, entered a plea of nolo
contendere or no contest, or having been found guilty in a court
of competent jurisdiction of any charge of failure to pay state
or federal income or sales taxes or felony charge of forgery,
embezzlement, obtaining money under false pretenses, theft by
swindle, extortion, conspiracy to defraud, or bribery.
(b) With respect to paragraph (a), clauses (12), (13),
(15), and (16), the registrar may suspend or revoke a license
immediately upon receiving certification of conviction or
permanent injunction. A hearing is required under subdivision
13 within 30 days following a summary suspension or revocation
under this paragraph, if a hearing is requested by the licensee.
Subd. 12a. Grounds for cancellation; notice required.
(a) A license may be canceled by the registrar after notice
to the dealer, upon satisfactory proof that the dealer (1) has
failed to provide or maintain the required surety bond, (2) has
failed to provide or maintain the insurance required under
chapter 65B, or (3) is no longer operating at the dealer's
licensed location.
(b) Surety companies and insurers providing required
coverages shall promptly notify the registrar upon canceling any
surety bond or required insurance. The registrar shall notify
the dealer of the reason or reasons for cancellation before the
cancellation occurs.
Subd. 13. Suspension and revocation; hearing. (a)
The registrar of motor vehicles, upon the registrar's own motion
or upon the complaint of another, shall prepare and cause to be
served upon the licensee complained of, a written notice or
complaint setting forth, in substance, the violations charged, a
statement of the deficiencies which exist and any corrective
action deemed appropriate. The notice must include a statement
that in the event corrective action is deemed appropriate and
corrective action is not taken, the dealer's license may be
suspended or revoked. The notice must require the licensee to
appear at the time and place fixed in the notice before the
registrar, and show cause why the license should not be
suspended or revoked.
(b) The registrar shall, at the time and place fixed in the
notice, proceed to hear and determine the matter on its merits.
All hearings must be conducted according to chapter 14, except
that the provisions of section 14.50 do not apply. The
registrar may subpoena witnesses and administer oaths. If the
registrar finds the existence of any of the causes for
suspension or revocation as set forth in subdivision 12 and
determines that corrective action has not been taken or that
corrective action will not prevent repetition of the violations
• charged or that the public interest will not be served by
corrective action and the licensee's license should be suspended
or revoked, the registrar shall issue a written order setting
out the decision. A copy of the order must be served upon the
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licensee in the manner provided by law for the service of
summons in a civil action. On finding that the dealer has
violated any of the provisions of this section but that the •
nature of the violation or the circumstances are such that a
suspension of the license would be adequate, the registrar may,
instead of revoking the license suspend it for a period not
exceeding 90 days. On finding that the violation does not
justify a suspension only, the registrar shall revoke the
license. Upon a suspension or revocation of the license of a
new or used motor vehicle dealer, the licensee shall immediately
return to the registrar all number plates, including any
"in- transit" plates and temporary permits, in its possession and
its dealer's license certificate.
Subd. 14. Appeal. Any party or person aggrieved by
an order of suspension, revocation or imposition of a penalty
may seek judicial review according to chapter 14.
Subd. 15. Enforcement. The registrar shall enforce
this section and may appoint at least seven of the registrar's
employees as inspectors and investigators. The inspectors and
investigators have full authority to enforce this section
throughout the state. The registrar, the registrar's inspectors
or investigators, when traveling or otherwise pursuing their
duties outside the office of the registrar, shall be paid for
their actual expenses incurred out of the same funds as other
employees of the registrar of motor vehicles. The inspectors
shall assist licensees in compliance with laws governing
licensees.
Subd. 16. Dealer plates: distinguishing number, fee,
tax, use. (a) The registrar shall issue to every motor
vehicle dealer, upon a request from the motor vehicle dealer
licensed as provided in subdivision 2 or 3, one or more plates
displaying a general distinguishing number. This subdivision
does not apply to a scrap metal processor, a used vehicle parts
dealer, or a vehicle salvage pool. The fee for each of the
first four plates is $75 per registration year, of which $60
must be paid to the registrar and the remaining $15 is payable
as sales tax on motor vehicles under section 297B.035 For each
additional plate, the dealer shall pay the regi a fee of
$25 and a sales tax on motor vehicles of $15 per registration
year. The registrar shall deposit the tax in the state treasury
to be credited as provided in section 297B.09 Motor vehicles,
new or used, owned by the motor vehicle dealership and bearing
the number plate, except vehicles leased to the user who is not
an employee of the dealer during the term of the lease, held for
hire, or customarily used by the dealer as a tow truck, service
truck, or parts vehicle, may be driven upon the streets and
highways of this state:
(1) by the motor vehicle dealer or dealer's spouse, or any
full -time employee of the motor vehicle dealer for either
private or business purposes;
(2) by a part -time employee when the use is directly
related to a particular business transaction of the dealer;
(3) for demonstration purposes by any prospective buyer for
a period of 48 hours or in the case of a truck, truck - tractor,
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Minnesota Statutes 2005, 168.27
or semitrailer, for a period of seven days; or
• (4) in a promotional event that lasts no longer than four
days in which at least three motor vehicles are involved.
(b) A new or used motor vehicle sold by the motor vehicle
dealer and bearing the motor vehicle dealer's number plate may
be driven upon the public streets and highways for a period of
72 hours by the buyer for either of the following purposes: (1)
removing the vehicle from this state for registration in another
state, or (2) permitting the buyer to use the motor vehicle
before the buyer receives number plates pursuant to
registration. Use of a motor vehicle by the buyer under clause
(2) before the buyer receives number plates pursuant to
registration constitutes a use of the public streets or highways
for the purpose of the time requirements for registration of
motor vehicles.
Subd. 17. In- transit plates; fee. Every licensed
dealer in motor vehicles may make application upon a blank
provided by the registrar for that purpose for dealer in- transit
license plates for use upon all new or used motor vehicles being
transported from the dealer's source of supply, or other place
of storage, to the dealer's place of business, or to another
place of storage, or from one dealer to another. The registrar
shall then issue to the dealer the number of plates as the
dealer may request, upon the payment by the dealer to the
registrar of the sum of $5 per plate per registration year. The
registrar may issue in- transit plates, upon the payment of the
sum of $5 to the registrar, to dealers duly licensed in other
states or provinces upon information furnished in the manner as
the registrar may prescribe, and which satisfies the registrar
that persons or companies applying for the plates are duly
licensed dealers under the laws of the states or provinces.
Subd. 18. Testimonial powers. The registrar may
issue subpoenas requiring the attendance of witnesses before the
registrar, production of books, papers, and other documents,
articles, or instruments, and compel the disclosure by witnesses
of all facts known to them relative to the matter under
investigation, and may administer oaths and to take testimony.
All parties disobeying the orders of subpoenas of the registrar
are guilty of contempt, as in proceedings in district courts of
the state and may be punished in like manner.
Subd. 19. Violations. Any person, copartnership, or
corporation, domestic or foreign, and any officer, or director,
or employee of a corporation, domestic or foreign, who violates
this section is guilty of a misdemeanor.
Subd. 19a. Injunction. The commissioner or a county
attorney may institute a civil action in the name of the state
in district court for an injunction prohibiting a violation of
this section and for civil penalties not to exceed $1,000 for
each violation of subdivision 2, 3, 4, 5a, 6, 7, or 7a. The
court, upon proper proof that the defendant has engaged in a
• practice prohibited by this section, may enjoin the future
commission of that practice and award civil penalties for
violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a. It is not a
defense to an action that the state may have adequate remedies
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Page 14 of 18
2/16/2006
Minnesota Statutes 2005, 168.27 Page 15 of 18
at law. Service of process must be as in any other civil suit,
except that where a defendant in the action is a natural person
or firm residing outside the state, or is a foreign corporation, •
service of process may also be made by personal service outside
the state; in the manner provided by section 5.25 or as the
court may direct. Process is valid if it satisfies the
requirements of due process of law, whether or not the defendant
is doing business in Minnesota regularly or habitually. Nothing
in this subdivision limits the rights or remedies otherwise
available to persons under common law or other statutes of this
state.
Subd. 20. Application to sale of other vehicles. (a)
This section does not apply:
(1) to any person, copartnership, or corporation engaged in
the business of selling vehicles designed to operate exclusively
over snow, motor scooters, motorized wheelchairs, utility
trailers, farm wagons, farm trailers, or farm tractors or other
farm implements, whether self - propelled or not and even though a
vehicle listed in this clause may be equipped with a trailer
hitch; or
(2) to any person licensed as a real estate broker or
salesperson pursuant to chapter 82, who engages in the business
of selling, who offers to sell, or who solicits or advertises
the sale of manufactured homes affixed to land.
(b) However, this section does apply to a person,
copartnership, or corporation described in paragraph (a) who is •
also engaged in the business of selling other motor vehicles or
manufactured homes within the provisions of this section.
(c) As used in this subdivision, " utility trailer" means a
motorless vehicle, other than a boat trailer or snowmobile
trailer, equipped with one or two wheels, having a gross vehicle
weight of 4,000 pounds or less, and used for carrying property
on its own structure while being drawn by a motor vehicle.
Subd. 21. Repealed, 1981 c 59 s 20
Subd. 22. Dealer license for trailers, motorized
bicycles; plates, fees; exemptions. Any person,
copartnership, or corporation having a permanent enclosed
commercial building or structure either owned in fee or leased
and engaged in the business, either exclusively or in addition
to any other occupation, of selling motorized bicycles, boat
trailers, horse trailers, or snowmobile trailers, may apply to
the registrar for a dealer's license. Upon payment of a $10 fee
the registrar shall license the applicant as a dealer for the
remainder of the calendar year in which the application was
received. The license may be renewed on or before the second
day of January of each succeeding year by payment of a fee of
$10. The registrar shall issue to each dealer, upon request of
the dealer, dealer plates as provided in subdivision 16 upon
payment of $5 for each plate, and the plates may be used in the
same manner and for the same purposes as is provided in •
subdivision 16. Except for motorized bicycle dealers, the
registrar shall also issue to the dealer, upon request of the
dealer, "in- transit" plates as provided in subdivision 17 upon
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Minnesota Statutes 2005, 168.27
payment of a fee of $5 for each plate. This subdivision does
not abrogate any of the provisions of this section relating to
• the duties, responsibilities, and requirements of persons,
copartnerships, or corporations engaged in the business, either
exclusively or in addition to other occupations, of selling
motor vehicles or manufactured homes, except that a seller of
boat trailers, utility trailers, or snowmobile trailers who is
licensed under this subdivision is not required to have a
contract or franchise with a manufacturer or distributor of new
boat trailers, utility trailers, or new snowmobile trailers the
seller proposes to sell, broker, wholesale, or auction. This
section does not require a manufacturer of snowmobile trailers
whose manufacturing facility is located outside of the
metropolitan area as defined in section 473.121 to have a
dealer's license to transport the snowmobile trailers to dealers
or retail outlets in the state.
Subd. 23. Registrar may file charges. The registrar
or the registrar's appointed inspectors may file charges with
the county attorney against any licensee who violates any of the
provisions of this section, including but not limited to, the
grounds for suspension or revocation set out in subdivision 12.
Subd. 24. Bonds. (a) Except as otherwise provided in
this subdivision, all persons licensed according to this section
shall keep in full force and effect a bond with a corporate
surety to be approved by the registrar of motor vehicles in the
following amounts; in the case of boat trailer, snowmobile
trailer, horse trailer or motorized bicycle dealers, or dealers
in trailers with a manufacturer's rated carrying capacity under
15,000 pounds designed to transport small construction or farm
equipment, in the amount of $5,000; and as to all other persons
in the amount of $50,000. The bond must be conditioned on the
faithful performance by the licensee of the obligations imposed
on persons engaged in motor vehicle transactions by the laws of
this state, including the conduct required of a licensee by this
section and other sections governing the sale or transfer of
motor vehicles, and the payment of all taxes, license fees, and
penalties. The bond must be for the benefit of the state of
Minnesota and any transferor, seller, or purchaser of a motor
vehicle for any monetary loss caused by failure of the licensee
to meet the obligations enumerated above. Proceedings on the
forfeiture of the bonds must be commenced in the district court
of the county wherein the business of the licensed person was
carried on, or if in more than one county, the county in which
the offense occurred. This subdivision does not apply to a used
vehicle parts dealer or a scrap metal processor.
(b) This subdivision does not apply to:
(1) a dealer in new trailers designed to transport small
construction or farm equipment in any year following a year in
which the dealer had less than $500,000 in gross receipts from
the sale of such trailers; or
Page 16 of 18
(2) a dealer in new trailers designed to transport small
construction or farm equipment who has been a dealer in such
trailers for less than one year and who the department
reasonably determines will have gross receipts of less than
$500,000 during the first year of business.
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Minnesota Statutes 2005, 168.27 Page 17 of 18
A u Subd. 25. Preemption of local ordinances.
division 24 establishes a uniform statewide system of bonding
motor vehicle dealers. This subdivision supersedes and preempts
all bonding requirements imposed by any local government unit.
Subd. 26. Advertising disclosure. All advertising by
a motor vehicle dealer must disclose that the vehicle is being
offered for sale by a dealer through use of the dealership name,
the term "dealer," or the abbreviation 'MR." Unless the
dealer's true name or properly filed commercial assumed name as
provided in chapter 333, is included, a classified advertisement
in a print medium must also include the dealer's license number.
Subd. 27. Rules. The registrar may adopt rules under
chapter 14 to govern the issuance and regulation of dealer
licenses and dealer plates.
Subd. 28. Distribution of plates and stickers. The
commissioner may distribute registration plates and stickers to
be held and issued by new and used motor vehicle dealers. A
dealer may issue registration plates and stickers only in
conjunction with and at the time of the sale of a vehicle by the
dealer. A dealer permitted to hold and issue registration
plates and stickers must be equipped with electronic
transmission technology and trained in its use. Before
receiving registration plates and stickers under this
subdivision, a dealer must adopt and implement security and
record - keeping requirements satisfactory to the commissioner.
The commissioner may revoke the authority granted under this
subdivision for any violation of law or rule governing the •
issuance of registration plates and stickers, any violation of
the dealer's security and record - keeping plan, or any other
action that in the commissioner's opinion adversely affects the
registration system. The dealer is financially responsible for
the cost and tax value of any unaccounted inventory.
Subd. 29. Flexible fuel vehicle notice. At the time
a dealer delivers a new flexible fuel vehicle, the dealer must
provide written notice to the consumer that the vehicle is
capable of using alternative fuels, including E85 fuel.
HIST: (2686) 1921 c 461 s 15; 1923 c 418 s 15; 1931 c 217 s 2;
1935 c 143 s 1; 1935 c 271 s 1; 1939 c 209 s 1; 1941 c 176 s 1;
1943 c 265 s l; 1947 c 58 s 1; 1949 c 476 s 1; 1953 c 43 s 2;
1955 c 331 s 1; 1955 c 626 s 1; 1955 c 820 s 16; 1961 c 75 s 1;
1961 c 650 s 1; 1963 c 52 s 1, 2; 1965 c 681 s 1; 1969 c 399 s
l; 1969 c 1148 s 27; 1971 c 444 s 1 -2; 1973 c 123 art 5 s 7;
1974 c 54 s 1; 1974 c 273 s 10; 1976 c 342 s 3; 1977 c 27 s 1,2;
1977 c 168 s 1 -9; 1977 c 214 s 4; 1977 c 347 s 28; 1976 c 570 s
l; 1980 c 427 s 2 -6; 1980 c 478 s 2,3; 1981 c 196 s 1; 1981 c
357 s 57,58; 1981 c 363 s 24; 1981 c 365 s 9; 1982 c 424 s 130;
1984 c 549 s 19,20; 1984 c 654 art 3 s 59,60; 1985 c 63 s 6,7;
1985 c 186 s 1 -4; 1965 c 291 s 14; 1986 c 444; 1986 c 454 s
14 -16; 1Spl986 c 3 art 1 s 24; 1987 c 383 s 3; 1988 c 496 s
1 -10; 1988 c 634 s 1 -8; 1989 c 323 s 2 -4; 1989 c 342 s 12; 1990
c 497 s 7; 1991 c 333 s 8,9; 1992 c 367 s 1; 1993 c 259 s 1;
1994 c 465 art 3 s 14; 1994 c 500 s 1; 1994 c 536 s 11 -16; 1994
c 587 art 2 s 21; 1995 c 128 art 1 s 4; 1997 c 92 s 1 -8; 1997 c
159 art 2 s 15; 1998 c 267 s 1; 1998 c 285 s 1,2; 1998 c 405 s
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Minnesota Statutes 2005, 168.27 Page 18 of 18
2; 2000 c 479 art 1 s 16; 2001 c 151 s 1; 1Sp2001 c 8 art 2 s
34,35; 2002 c 288 s 1; 2002 c 371 art 1 s 9; 2003 c 94 s 1; 2003
c 127 art 1 s 1; lSp2003 c 21 art 8 s 1; 2004 c 295 art 1 s 9;
2005 c 45 s 1; lSp2005 c 1 art 1 s 81; lSp2005 c 6 art 2 s 22;
lSp2005 c 7 s 35
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
•
- 2 i
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m 2/16/2006
Minnesota Statutes 2005, 168A.11 Page 1 of 2
Minnesota Statutes 2005 Table of Chapters
Table of contents for Chapter 168A 9
168A.11 Purchase of vehicle by dealer.
Subdivision 1. Requirements upon subsequent transfer;
service fee. (a) A dealer who buys a vehicle and holds it for
resale need not apply for a certificate of title. Upon
transferring the vehicle to another person, other than by the
creation of a security interest, the dealer shall promptly
execute the assignment and warranty of title by a dealer,
showing the names and addresses of the transferee and of any
secured party holding a security interest created or reserved at
the time of the resale, and the date of the security agreement
in the spaces provided therefor on the certificate of title or
secure reassignment.
(b) If a dealer elects to apply for a certificate of title
on a vehicle held for resale, the dealer need not register the
vehicle but shall pay one month's registration tax. If a dealer
elects to apply for a certificate of title on a vehicle held for
resale, the department shall not place any legend on the title
that no motor vehicle sales tax was paid by the dealer, but may
indicate on the title whether the vehicle is a new or used
vehicle.
(c) With respect to motor vehicles subject to the
provisions of section 325E.15 the dealer shall also, in the •
space provided therefor on the certificate of title or secure
reassignment, state the true cumulative mileage registered on
the odometer or that the exact mileage is unknown if the
odometer reading is known by the transferor to be different from
the true mileage.
(d) The transferee shall complete the application for title
section on the certificate of title or separate title
application form prescribed by the department. The dealer shall
mail or deliver the certificate to the registrar or deputy
registrar with the transferee's application for a new
certificate and appropriate taxes and fees, within ten business
days.
(e) With respect to vehicles sold to buyers who will remove
the vehicle from this state, the dealer shall remove any license
plates from the vehicle, issue a 31 -day temporary permit
pursuant to section 168.091 and notify the registrar within 48
hours of the sale that the vehicle has been removed from this
state. The notification must be made in an electronic format
prescribed by the registrar. The dealer may contract with a
deputy registrar for the notification of sale to an out -of -state
buyer. The deputy registrar may charge a fee not to exceed $7
per transaction to provide this service.
Subd. 2. Notification on vehicle held for resale;
service fee. Within 48 hours of acquiring a vehicle titled
and registered in Minnesota, a dealer shall notify the registrar
that the dealership is holding the vehicle for resale. The
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Minnesota Statutes 2005, 168A.11
notification must be made electronically as prescribed by the
registrar. The dealer may contract this service to a deputy
registrar and the registrar may charge a fee not to exceed $7
per transaction to provide this service.
•
•
Subd. 3. Records. Every dealer shall maintain for
three years at an established place of business a record in the
form the department prescribes of every vehicle bought, sold, or
exchanged, or received for sale or exchange, which shall be open
to inspection by a representative of the department or peace
officer during reasonable business hours. With respect to motor
vehicles subject to the provisions of section 325E.15 the
record shall include either the true mileage as stated by the
previous owner or the fact that the previous owner stated the
actual cumulative mileage was unknown; the record also shall
include either the true mileage the dealer stated upon
transferring the vehicle or the fact the dealer stated the
mileage was unknown.
Subd. 4. Centralized record keeping. Three or more
new motor vehicle dealers under common management or control may
designate to the department in writing a single location for
maintaining the records required by this section that are more
than 12 months old. The records must be open to inspection by a
representative of the department or a peace officer during
reasonable business hours. The location must be at the
established place of business of one of the affiliated dealers
or at a location within Minnesota not further than 25 miles from
the established place of business of one of the affiliated
dealers.
HIST: 1971 c 162 s 11; 1977 c 105 s 4,5; 1986 c 444; 1989 c
146 s 8; 1994 c 536 s 17; 1997 c 250 s 5; 1998 c 285 s 4; 1998 c
405 s 4; 2002 c 371 art 1 s 19; 2002 c 38B s 3; 2004 c 224 s 2 -4
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
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Page 2 of 2
2/16/2006
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES DEALER NUMBER:
445 Minnesota Street, Suite 186, St. Paul, MN 55101 -5186
PHONE: 651 - 296 -2977 DATE RECEIVED:
FAX: 651- 297 -1480 INITIALS:
EMAIL: DealerQuestion @mnddveinfo.org
Minnesota Vehicle Dealer License — Commercial Location Checklist
This checklist describes (check one): ❑ Primary Location ❑ Additional Location
(Attach a separate checklist for each location)
DEALER
Street
City
State _ Zip County
Commercial Building Requirement: New, Used, Salvage Pool, and Auctioneer dealers must have a Commercial Building, which means
a permanent, enclosed building that is on a permanent foundation and is connected to local sewer and water facilities or othbrwise
complies with local sanitation codes, is adapted to commercial use and conforms to local government zoning requirements. (Minnesota
Statutes, section 168.27 subdivision 1)
Commercial Office Space Requirement: Lessors, Wholesalers, and Brokers must have at least a Commercial Office Space, which
means a space occupying all or part of a commercial building. (Minnesota Statutes, section 168.27 subdivision 1)
Instructions
• Check the type of dealer's license that applies
• Answer L(True) or E(False) to each statement that applies to the license type you checked.
• Dealership owner or officer must sign on reverse side of form
Check the license Me that applies to you: ❑ New ❑ Used ❑ Salvage Pool
❑ Additional Location/Display Lot - respond to statements 2. 7, & 8 only
T/F
1 • The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains
copies of the books and records at any additional locations they may have.
2.
The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of
ownership or Verification of Property Lease - form PS2407.
3
The dealership has a separate and identifiable entrance that leads to the outdoors. (See definition of commercial building
above) May include a strip mall or commercial garage building. Other entrances that lead from other areas of the
building must be closed and lockable. (Commercial office space within a commercial building does not meet the statutory
license requirements)
4.
The public cannot access the dealership by entering through any other business or residence that is located in the same
building as the dealership.
5 •
The dealership location is enclosed with floor to ceiling walls, 'a door that can be shut and locked to close off the entire
entrance, and is designated for exclusive use of the dealership.
6.
The dealership location has an address that is separate from any other address in the building.
7 •
The dealership has a display area, either indoors or outdoors, large enough to display at least 5 vehicles. This display area
is designated for the exclusive use of the dealership and is distinguished from any other business' inventory.
8.
The dealership has a sign outside of the commercial building, in a public area that identifies the dealership.
• The sign must be in letters that contrast sharply in color with the sign background.
• If the sign is on a commercial building or a display area, it must be readily legible during daylight hours from the
nearest road or street.
• If the dealer's display area is not adjacent to the dealer's commercial building, the sign at the display area must
also indicate where the commercial building is located.
9•
1 The dealership's normal business hours are conspicuously posted and readily viewable by the public.
10.
Personnel or automatic telephone answering service is available during normal business hours.
11.
The above location meets all local zoning requirements as indicated on the Zoning Verification - form PS2421.
12.
(New Vehicle Dealers Only) The dealership has a facility for the repair and service of motor vehicles and the storage of
parts, not more than ten miles distance from the principal place of business.
OFFICE USE ONLY
J
—36 .
Check the license type that applies to you: ❑ Wholesale License ❑ Lessor ❑ Broker
•
„r
The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies
of the books and records at any additional locations they may have.
The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of ownership or
Verification of Property Lease - form PS2407.
The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance,
and is designated for exclusive use of the dealership
Personnel or automatic telephone answering service is available during normal business hours.
The above location meets all local zoning requirements as indicated on the Zoning Verification - form PS2421.
(Broker Only) The dealership has a sign, clearly identifying the broker by name and listing the business hours. The sign is posted
in a location readily viewable by the public.
(Lessor Only) The dealership's normal business hours are conspicuously posted and readily viewable by the public.
❑ Auctioneer
air
The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies
of the books and records at any additional locations they may have.
The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of ownership or
Verification of Property Lease - form PS2407.
The dealership has a separate and identifiable entrance that leads to the outdoors or to a public area. The dealer may maintain
other entrances to the dealership. Other entrances that lead from a commercial or residential space in the same building must be
lockable and close the entire entrance. Shared office space, such as a reception area or secretary, does not qualify as a public area.
The public cannot access the dealership by entering through any other business or residence that is located in the same building as
the dealership.
The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance,
and is designated for exclusive use of the dealership
The dealership location has an address that is separate from any other address in the building.
The dealership's normal business hours are conspicuously posted and readily viewable by the public.
Personnel or automatic telephone answering service is available during normal business hours.
The above location meets all local zoning requirements as indicated on the Zoning Verification - form PS2421.
❑ Limited Used Vehicle License
T10
This place of business meets all standards outlined above. I understand that any incorrect statement
constitutes material misrepresentation and as a result, the dealer license is subject to withdrawal.
►i
. (Signature of Owner /Officer)
PS2410 -12
DATE:
-S /-
The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies
of the books and records at any additional locations they may have.
The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof -of- ownership or
Verification of Property Lease - form PS24071.
The dealership's normal business hours are conspicuously posted and readily viewable by the public.
Personnel or automatic telephone answering service are available during normal business hours
This place of business meets all standards outlined above. I understand that any incorrect statement
constitutes material misrepresentation and as a result, the dealer license is subject to withdrawal.
►i
. (Signature of Owner /Officer)
PS2410 -12
DATE:
-S /-
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
Page 3
WORK SESSION:
A. Automobile Sales Performance Standards.
Mr. Bednarz stated the Planning Commission and Council have requested that
performance standards be established for automobile sales.
Staff reviewed performance standards from the communities of Brooklyn Center,
Brooklyn Park and Mounds View. The regulations vary from fairly minimal to quite
extensive.
Mr. Bednarz discussed the staff report with the Commission.
Chairperson Daninger indicated he liked all twelve operational items and thought they
should be included but more could be added.
Commissioner Kirchoff wondered what item four meant. Mr. Bednarz stated it would
prohibit either vehicles or signs off of the site where the use is approved.
Commissioner King wondered if in item five, they would require an indoor facility
because he was afraid if that were to happen, it may end up as a salvage yard and he did
not want that to happen. He only wanted the sale of vehicles and not the repair of
vehicles on the property. •
Commissioner Walton wondered if they would be excluding the larger dealership if they
were to disallow the repair of vehicles.
Commissioner King indicated a new auto dealership would different in definition because
they would not be taking in salvaged vehicles to repair and resell them. He indicated he
wanted to make sure this is safeguarded against so they do not get into the same situation
they were in years ago with the salvage yards.
Mr. Bednarz stated they want to avoid using an auto repair facility to collect vehicles and
combine them into one and resell them. He stated they do want to include that damaged.
vehicles need to be stored inside.
Commissioner Holthus noted the goal was to avoid the unsightliness of damaged cars
sitting outside.
Commissioner Walton thought item six was tied into item five and answered his question.
Commissioner Walton wondered if they could reduce the poundage even further to
exclude larger possibly commercial vehicles. Mr. Bednarz stated the 12,000 pounds was
suggested by the applicant to eliminate commercial vehicles but could be reviewed and
brought back for further discussion. •
3z
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
Page 4
•
Commissioner Holthus stated regarding the required disclosure form and signage, would
the disclosure form include something like what is stated on page 15 in the packets,
number two. Would this be what is needed on a disclosure form.
Mr. Bednarz stated car window signage regulations could say is `Not legible' or similar.
He thought 25% was problematic and did not specify window or windows and could be
very difficult to interpret let alone enforce. He stated staff could bring back specific
examples for the Commission to look at.
Chairperson Daninger stated they need to add everything they do not want for signage in
the code.
The Commission discussed what they would like to include as unacceptable advertising
and signage in the Code such as "open hoods, gorillas, antennae balls ", etc.
Mr. Bednarz stated item 11, regarding the minimum building requirement, they are in a
situation where they have an applicant in an existing building which has value. He
thought they could bring back that specific example for the Commission to look at.
Chairperson Daninger wondered if the intent of this was to not have a trailer.
Commissioner Kirchoff wondered if they should be looking at different guidelines for the
two types of dealerships. Mr. Bednarz thought they were trying to prevent the worst
types of auto businesses in Andover that have been seen in other cities.
Mr. Bednarz stated on item 12, is concern about an auto repair facility storing the -
damaged vehicles and then they migrate over to the auto sales lot once they are repaired.
Commissioner Kirchoff wondered if there were already guidelines for repair facilities
that they would need to follow. Mr. Bednarz stated there are but not to the extent being
discussed tonight.
Commissioner Walton wondered if they needed to specify between an auto body facility
and auto sales. Mr. Bednarz stated that is what they were looking to do.
Commissioner Kirchoff wondered if they have standards for auto sales now in the City.
Mr. Bednarz stated they have one sentence allowing an auto dealership in general
business in the City.
Commissioner King wondered if a site plan was required by the recipient of this request
for the conditional use permit. Mr. Bednarz stated that was correct and everything would
be reviewed at that time for approval. Chairperson Daninger stated this situation is
unique. He wondered if there was a timeline for them to complete this. Mr. Bednarz
stated the Council wanted the Commission to look closely at this.
i
--?Y-
Regular Andover Planning and Zoning Commission Meeting
Minutes — February 14, 2006
Page 5
Chairperson Daninger stated there was no discussion regarding security or fencing •
around this property. It was agreed that fencing should be regulated.
Chairperson Daninger wondered if they needed to address ownership of vehicles versus
consignment and title transfer. Mr. Bednarz stated he thought it was worth discussing
but did not know how they would enforce it.
Commissioner Holthus wondered if they needed to discuss how many cars would be on a
typical lot. Mr. Bednarz explained how existing parking requirements apply and that
further review of each site through the CUP would also be a good idea.
Commissioner King wondered if there was any liability for the City if they were to put
this kind of operation into effect. Mr. Bednarz stated he would want to talk with the City
Attorney on that.
Commissioner Walton wondered if there was anything that allowed an audit type of
process that is open to audit at any point in time. He wondered if there were any other
types of restrictions they would want to talk about such as franchising, license revocation
and renewal. What are the grounds of revocation and should renewal not be an automatic
thing, it should be an annual process. He also wondered about dual use on the property.
He wondered if this should be allowed or not. Chairperson Daninger thought car sales
should be the only thing allowed on site. •
Commissioner Kirchoff wondered if they are looking too deeply at the ordinances.
Commissioner Walton thought that once they paint this picture, have they painted such a
small square that no one will want to do it. He wondered if they follow a specific city's
ordinance, do they have examples of other cities ordinances to see if they are headed in
the right direction and would the auto dealers think that the rules they have been given in
other cities are reasonable or not.
Commissioner Kirchoff wondered if they have rules for Great American Bus Company
and how much regulation do they have. Mr. Bednarz stated it is a use that pre- exists their
code. Commissioner Kirchoff wondered if they needed all of these regulations if most
are State Statutes. Chairperson Daninger stated they are moving towards a more
descriptive and constrictive ordinance.
Commissioner King stated one statement that the petitioner made at the last meeting was
that at present time he sells his vehicles at Anoka C.U. and what he was thinking was a
Conditional Use Permit at one location would not allow a person to sell vehicles at other
locations. He thought this was something else to look at.
Mr. Bednarz stated they would re-write this almost in a list form and bring it back for the
Commission to review and hold a public hearing.
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