A. The following uses and activities, subject to the time limits referenced herein, shall obtain a temporary use permit prior to conducting the use or activity. The determination as to whether a specific use or activity is included within the classifications of uses and activities listed in this section shall be an administrative function of the Director.
B. The following uses and activities may be approved for a specific length of time not to exceed four (4) calendar days within a ninety (90) day period at any one (1) location for a given applicant:
1. Exhibits, demonstrations or sales of goods, equipment, merchandise or services;
2. Aircraft, helicopter, hot air balloon and parachutist demonstrations and landings;
3. Entertainment, dances and promotional events;
4. Halloween haunted houses;
5. Art and craft shows and exhibits; and
6. Health and safety services, testing, demonstration or training.
C. Requests for outdoor display of limited merchandise in excess of the time limitations of § 20.72.040.B may be considered by the Planning Commission subject to approval of a Conditional Use Permit, consistent with the processing requirements of § 20.408.030. The intent of this section shall be to provide for the outdoor display of merchandise, which shall be typically limited to one product type (i.e. plants or books or etc.), where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the city's goals to provide for quality, attractive, commercial development. The following standards shall apply to any such proposed outdoor display:
1. Use of display area. The Planning Commission and/or City Council shall retain the ability to condition the types of merchandise or products on display. Display merchandise and products shall be limited to those normally associated with the primary retail user making application, shall typically be limited to one product type (i.e. plants or books, or etc.), and no outdoor display area shall be subleased or otherwise afforded use by other persons.
2. Location of display area. To be limited to those areas generally adjacent to the front building elevation of the tenant space, which will in no way interfere with automobile circulation and applicable standards. Display areas shall be designed to primarily be viewed from on-site rather than from the public right-of-way.
3. Delineation of display area. The design of the outdoor display area and its physical delineation shall place an emphasis on aesthetic and functional integration into the site and building design. The physical limits of display areas shall be clearly delineated through treatments such as decorative pavement, decorative bollards, landscaped planters, or similar features.
4. Limitation of display fixtures. Any display fixtures (i.e. display racks, tables, etc.) shall be temporary in nature and shall be removed from outdoor display areas when not in use.
5. Maximum length of display area. Not to exceed 50% of building/tenant space width (whichever is less) directly adjacent to the display area. The Planning Commission and/or City Council shall retain the ability to further limit display length on a case by case basis as deemed appropriate.
6. Maximum depth of display area. Not to exceed 15'. The Planning Commission and/or City Council shall retain the ability to further limit display depth on a case by case basis as deemed appropriate.
7. Maximum height of merchandise. Not to exceed 6' from adjacent finished grade. The Planning Commission and/or City Council shall retain the ability to further limit display height on a case by case basis as deemed appropriate.
8. Pedestrian accessibility. All outdoor display areas shall be designed in a manner to allow free pedestrian movement within and around their vicinity. All rules and regulations of the Americans with Disabilities Act and any other applicable regulations shall be observed.
9. Permit revocation for non-compliance. Compliance with any and all conditions placed by the Planning Commission and/or City Council shall be observed. Any observed violation of conditions of approval shall constitute grounds to initiate CUP revocation proceedings as provided for within § 20.412.020 of the Municipal Code.
10. Plan submittal. Detailed site, building elevation, floor, display fixtures (i.e. display racks, tables, etc.) and any other plans and materials as deemed necessary by the City Planner, to illustrate compliance with the outdoor display standards shall be provided at the time of Conditional Use Permit application.
D. The following uses and activities may be approved for a period of time not to exceed fifteen (15) days within any given ninety (90) day period at any one (1) location for a given applicant: Patriotic, historic or similar displays or exhibits adjacent to commercial buildings, parking areas, or sidewalks.
E. Carnivals, circuses, fairs, rodeos, pony riding or similar traveling amusement enterprises may be permitted for not more than seven (7) days, or three (3) weekends of operation, in any one hundred eighty (180) day period at any one (1) location for a given applicant.
F. Christmas tree sales (other than by established retail businesses) may be approved during the period commencing November 15 and terminating on December 31 of a given calendar year (these pro-visions shall be in addition to those requirements for Christmas tree lots as provided in Title 16 of the Municipal Code).
G. Pumpkin sales and displays (other than by established retail businesses) may be approved for the period commencing October 1 and terminating November 1 of a given calendar year.
(Ord. 1012, passed 5-19-98)