(a) Intent. The purpose of this section is to establish standards for tents and canopies for special events. The use of tents and canopies for the purpose of housing motor or recreational vehicles or storage is prohibited.
(b) Where allowed. Tents and canopies are permitted in all zoning districts with the following exceptions.
(1) Outdoor tents and canopies are allowed within the CX-2 Zoning District only when:
(A) A determination has been made by the City Engineer or designee that the tent or canopy will not adversely interfere with parking needs or traffic flow.
(c) Permit required. Permits are required for tents and for canopies having an area in excess of 400 square feet. When an interim use permit is issued for an event that includes a tent or canopy, Fire Marshal review of the proposed tent or canopy is required but a separate tent or canopy permit is not required. Tent and canopy permits are issued by the Community Development Department.
(d) Performance standards. Tents and canopies must comply with the following performance standards.
(1) Tents and canopies must conform with the provisions of the Fire Prevention Code, Chapter 6, Article II of this code.
(2) Tents and canopies must be set back at least ten feet from any property line. The issuing authority may require tents and canopies to be set back an additional distance from property lines when adjacent to an incompatible land use.
(3) Unless entirely surrounded by buildings, tents and canopies shall not be erected for more than 25 days per year per site. The City Council may extend the allowed time period after holding a public hearing and finding that the proposed tent or canopy will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(4) Adequate parking and traffic circulation must be preserved and the health, safety and welfare of the community must not be adversely impacted by the proposed tent or canopy.
(e) Conditions of approval. Conditions of approval may be attached to a tent or canopy permit by the issuing authority or the City Council to ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure adequate setbacks from property lines, and to otherwise protect the health, safety and welfare of the community.
(f) Findings. Tent and canopy permits will be issued only when the issuing authority or the City Council finds the following:
(1) The tent or canopy will not adversely impact adjacent property;
(2) The tent or canopy will not disrupt traffic circulation or otherwise create a safety hazard;
(3) Adequate parking levels will be preserved when the tent or canopy is on-site; and
(4) The tent or canopy will not adversely impact the health, safety and welfare of the community.
(g) Appeal. An applicant may appeal a tent or canopy permit denial or any conditions of approval for a tent or canopy permit to the City Council within 30 days of the denial or approval with conditions. The appeal must be submitted in writing to the Director of Community Development, and must specify the issue or condition being appealed and the basis of appeal. The appeal must be filed at least ten days prior to the meeting of the City Council.