(A) Statement of purpose. It is the intent of this section to permit and regulate temporary sales and uses in the commercial and industrial areas when the sale/use is intended to be for a limited period of time and not designed to be an alternative to occupying a permanent structure. Further to promote the economic well-being of the community by creating an alternative to the traditional uses and encourage the use of underused land. Finally, to provide for exemptions from strict regulations during community events.
(B) Permitted uses. The following types of temporary uses are permitted in conjunction with a commercial or industrial zone or use of the property.
(1) Temporary roadside stands.
(2) Seasonal sales.
(3) Sidewalk sales.
(4) Special events.
(5) Mobile food vending.
(C) Regulations. All temporary land uses are required to meet at a minimum the following:
(1) No temporary use shall be built, erected, or operated on the highway right-of-way nor so close thereto as to encourage or promote the use of the highway right-of-way for parking or standing of customers. All temporary uses shall provide adequate off-street parking areas which shall be readily accessible from the highway abutting thereto.
(2) The premises shall be kept in a clean and sanitary condition at all times.
(3) Temporary uses must have written permission of the owner of the property.
(4) The principal use of the property must still be able to accommodate the parking requirements for that use.
(5) All temporary uses shall obtain a permit from the city's Department of Public Works upon submission of an application for such a permit unless specifically stated exempt in this chapter.
(6) Applications for temporary use permits must be submitted on a form approved by the Department of Public Works not less than 15 days prior to the intended set up date. Must include a drawing of all items to be located on the property for the purpose of the use.
(7) A permit fee in the amount as set by the City Council, and amended by resolution from time to time shall be paid at the time of the submission of the application, and a clean-up fee in the amount as set by the City Council, and amended by resolution from time to time shall be paid at the time of approval of the permit. The clean-up fee shall be refundable in whole or in part in the event the permittee returns the premises to its original condition at the conclusion of the activities. The fees established in this subsection may be amended from time to time by resolution of the City Council. Any violation notice enforcement will be deducted from the cleanup bond before the refund is released, but shall not preclude any other recovery by the city for violation or damages arising therefrom.
(8) Any person, firm or organization may appeal either the necessity of posting a bond, or the amount of the bond required by the city's Department of Public works directly to the Burton City Council, which shall have the authority to reduce or eliminate the bond upon good cause shown.
(D) Operational regulations. Temporary use permit shall comply, unless specified as follows:
(1) Temporary roadside stands as follows:
(a) Tents, stand, truck, or other are permitted in connection with any permitted, accessory, temporary or special use with the following requirements:
1. No permit will be issued for more than 10 consecutive days for the temporary use from the date of sale as specified on the permit, unless as approved by the Planning Commission as part of a special land use permit.
2. No enclosure shall be allowed to remain for a period of more than 15 consecutive days from the date of sale as specified on the permit, unless as approved by the Planning Commission as part of a special land use permit.
(b) All enclosures shall comply with the bulk, space and setback requirements applicable to accessory uses pursuant to the Zoning Ordinance.
(c) Items to be presented must be new and prepackaged at a separate location.
(2) Seasonal sales as follows:
(a) Such sales shall be limited to a period not to exceed 30 consecutive days, including set up and take down of any enclosures and materials.
(b) Plant displays need not comply with the setback requirements of the Zoning Ordinance.
(c) All refuse or debris resulting from such sales shall be wholly contained on the premises and removed from the premises after the end of the sale.
(3) Sidewalk sales as follows:
(a) Tents, trailers and other temporary structures are not permitted and no sales or display of merchandise is permitted in the parking lot.
(b) Sidewalk sale merchandise may only be located on the sidewalk directly in front of the store having the sale.
(c) Display of items for sale shall not impede foot traffic. A path of 4-feet wide shall be reserved for pedestrians.
(d) Sales may not exceed 2 consecutive weeks in duration. Two sidewalk sales are permitted per calendar year for the commercial property.
(e) Flammable or hazardous items are prohibited.
(4) Special events, as follows: All approved special events as defined in § 157.006 shall be exempt from additional permitting as long as the temporary use is in conjunction with the event and approved by the designated event sponsor, including but not limited to, location, dates and times.
(5) Mobile food vending, as follows:
(a) The provisions of this ordinance apply to mobile food vehicles engaged in the business of cooking, preparing and distributing food or beverage with or without charge upon or in public and private restricted spaces. This ordinance does not apply to vehicles which dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks, or food vending pushcarts and stands located on sidewalks.
(b) Permit application shall include the following:
1. Name, signature, phone number, email contact and business address of the applicant.
2. A description of the preparation methods and food product offered for sale including the intended menu.
3. Information on the mobile food vehicle to include year, make and model of the vehicle and dimensions, which shall not exceed 30 feet in length and 10 feet in width.
4. Information setting forth the proposed hours of operation, area of operations, plans for power access, water supply and wastewater disposal.
5. Copies of all necessary license or permits issued by the Genesee County Health Department, including a copy of the "letter of intent" provided to Genesee County.
(c) All mobile food vehicle vendors shall offer a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the preparation of mobile food vehicles shall be collected and disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water on the street is allowed.
(d) Mobile food vendors shall comply with the city's noise ordinance, sign ordinance and all other city ordinances.
(e) A vendor shall not operate a mobile food vehicle within 500 feet of any fair, festival, special event or civic event that is licensed or sanctioned by the city unless the vendor has obtained permission from the event sponsor.
(f) No permit will be issued for more than 10 consecutive days for the mobile food vending from the date of sale as specified on the permit, unless as approved by the Planning Commission as part of a special land use permit.
(Ord. 2020-1-157, passed 5-1-2020)