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(a) No person shall erect, occupy or use any tent having a surface area greater than 240 square feet without first obtaining a permit therefor from the department of buildings; provided that no building permit shall be required for a tent or similar temporary structure having a surface area of 400 feet or less, if the tent or similar temporary structure will be erected, occupied or used for no more than 60 consecutive days. Application for a tent permit shall be made to the building commissioner upon such form as shall be provided by him, and shall contain the name and address of the applicant, the proposed location where such tent shall be erected, the length of time the tent shall be in use, the dimensions of the tent and a statement that the permit will be accepted subject to the conditions and provisions thereof and subject to the conditions and provisions of all laws and ordinances affecting the erection, maintenance and use of such tent now or hereafter in effect. Such application shall be signed by the applicant.
(b) Within three business days after an application for a tent permit is filed, the building commissioner shall deliver a duplicate of the application to the alderman of the ward in which the tent is to be erected. Within five days of receipt of such application, the alderman may refer the application to the city council committee on zoning, landmarks and building standards for the purpose of conducting a public hearing on the proposed permit application. The alderman shall give notice of the referral for hearing to the building commissioner. The committee chairman shall convene a meeting within seven days from the date the permit application was referred for hearing, during which all interested persons, including the applicant, shall be given an opportunity to present testimony. After conducting the hearing, the committee may issue a report summarizing the issues that were addressed at the hearing and recommending approval or denial of the application. If the committee issues a report it shall be submitted to the building commissioner no later than 30 days after the date on which the permit application was filed.
(c) If the committee's report recommends disapproval of the permit application, it shall be based upon a determination that the size, location or structural design of the tent presents an unreasonable threat to the health, safety and welfare of the public. Any committee report recommending disapproval of a permit application must state the specific reasons for the recommendation, which reasons shall be consistent with an applicant's constitutional rights contained in the First, Fifth and Fourteenth Amendments of the United States Constitution, and Sections 2 and 4 of Article I of the Illinois Constitution of 1970. In acting on all applications, the building commissioner shall give due consideration to the committee's report, if any, and shall be bound by the same standards as apply to the committee in approving or denying a permit.
(d) The committee's report shall be submitted to the building commissioner for final action to be taken on the tent permit application. The building commissioner shall issue a permit for the erection of a tent if he determines that the requirements of this section and Sections 13-96-490 and 13-96-500 have been met.
(e) In the event that a hearing is convened pursuant to subsection (b), the building commissioner shall approve or deny a tent permit application no sooner than 30 days and no later than 45 days after the date the application was filed. If the application is not referred for a hearing pursuant to subsection (b), the building commissioner shall approve or deny a tent permit application no later than 15 days after the application was filed. If the building commissioner denies the application, he shall mail a notification to the applicant in writing specifying the reasons for his decision. Any applicant may seek review of the decision of the building commissioner denying a tent permit application in the manner provided by law.
(f) All references to tents in this section shall apply with equal force to canopies as defined in Section 13-96-480.
(Prior code § 61-14; Amend Coun. J. 7-9-84, p. 8218; Amend Coun. J. 4-12-91, p. 32351; Amend Coun. J. 7-13-94, p. 53234; Amend Coun. J. 3-5-03, p. 104990, § 24; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 9, § 2; Amend Coun. J. 11-8-12, p. 38872, § 226; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 9)