Res 2020-26 Temp Waiver of CC Permit & Zoning Requirements
RESOLUTION NO. 2020 - 26
A RESOLUTION APPROVING TEMPORARY WAIVER OF CITY CODE PERMIT &
ZONING REQUIREMENTS TO PROMOTE PHYSICAL AND SOCIAL DISTANCING
FOR BUSINESS ACTIVITIES DURING THE COVID-19 HEALTH PANDEMIC
WHEREAS, on March 13, 2020 Minnesota Governor Tim Walz issued Executive Order
20-01 declaring a Peace Time Emergency and Coordinating Minnesota’s Strategy to Protect
Minnesotans from COVID-19, and
WHEREAS, in response, on March 16, 2020 Mayor Lund declared a Local Emergency
in recognition of the community risk posed by COVID-19, and
WHEREAS, on March 23, 2020, the Fridley City Council adopted the Local Emergency
declaration and invoked the city emergency plan and authorized appropriate response strategies
to the pandemic, and
WHEREAS, the Fridley City Council recognizes the continued risk and threat of
community spread of the COVID-19 virus and the negative impact it has had on local business
and further recognizes the potential negative impact that may continue upon reopening absent the
ability of businesses to provide appropriate distancing between its patrons and its employees while
operating profitably, and
WHEREAS, in furtherance of the federal, state and local government response, there is a
need to provide multiple, additional, or alternative customer service areas on commercial sites
within the City in order to limit forward-facing exchanges between customers and employees and
to promote physical and social distancing between patrons of a business and persons engaged in
business activities.
NOW, THEREFORE, BE IT RESOLVED, by the Fridley City Council, Anoka County,
Minnesota, that notwithstanding any Fridley City Code provision to the contrary:
1. A business located in a commercial or industrial zone may establish drive-up or drive-
through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas
on its property to facilitate safe commercial activity conducted consistent with federal and state
orders or health and safety guidelines, in accordance with the following:
a. The Community Development Department shall have the authority to establish rules
and procedures to implement the terms of this Resolution.
b. No zoning, special use, or other Fridley permit as otherwise required under City Code
shall be required for any temporary structure or operation related to customer service,
waiting or dining seating areas; or on-site signage and storage; or other temporary outdoor
use is proposed to occur outside of the business establishment provided the Community
Development Department’s rules and procedures are met.
Resolution No. 2020 – 26 Page 2
c. Any temporary structure or operation related to customer service, waiting or dining
seating areas; or on-site signage and storage; or other temporary outdoor use proposed to
occur outside of the business establishment that is otherwise prohibited by City Code may
be permitted subject to approval of the Community Development Department as set forth
herein.
d. The Planning Manager and the Community Development Director shall have the
authority to review and approve or deny any proposed temporary structure or operation
related to customer service, waiting or dining seating areas; or on-site signage and storage;
or other temporary outdoor use that is proposed to occur outside of the business
establishment in accordance with the established rules and procedures.
e. All operations allowed hereunder shall comply with the Community Development
Department’s established rules and procedures.
2. The authority granted to the Planning Manager and the Community Development
Director hereunder shall not otherwise allow any use or operation that is not in compliance with
any federal laws or regulations (e.g. ADA regulations), Minnesota statutes and regulations,
including the MN State Building and Fire Codes, and the Minnesota and Fridley liquor licensing
regulations.
This Resolution is effective immediately subject to federal and state laws or orders relative to the
permissibility of business operations and shall continue until repealed by subsequent City Council
action or termination of the Local Peace Time Emergency.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH
26 DAY OF MAY, 2020.
SCOTT J. LUND - MAYOR
ATTEST:
DANIEL TIENTER - CITY CLERK