5.05.110   Special provisions.
   The following vendors and/or uses shall have the following specific regulations.
   A.   Carnival or circus. In any nonresidential district, a transient merchant permit may be issued for a carnival or circus, but the permit shall be issued for a period not longer than twelve (12) days. The use shall set back from all residential districts a distance of not less than one hundred (100) feet. All provisions of this code shall be met.
   B.   Christmas tree sale. In any district, a transient merchant permit may be issued for the display and open-lot sales of Christmas trees, but the permit shall be issued for a period of time commencing no earlier than the third Saturday of November and ending prior to December thirty-first of that year.
   C.   Any proposed transient merchant and/or temporary use that does not meet the criteria as established, shall apply by application, for a special transient permit. Upon filing an application for a special transient permit, the applicant shall pay the appropriate fee(s) as set forth by the fee schedule adopted annually by resolution.
   The application shall be presented to the City Administrator or designee who will then give notice of the application for public hearing no less than ten (10) days prior to the next regularly scheduled City Council meeting. Notice of the application shall be given by sign and newspaper. A sign will be furnished and posted by the city no less than ten (10) days prior to the City Council meeting. The sign shall be posted in plain public view on the property where the special permit is requested. The city will publish legal notice in the local newspaper at least ten (10) days prior to the City Council meeting.
   The City Council will approve or deny the application based on its own merits and shall be in harmony with the general purposes and intent of the transient merchant ordinance.
(Ord. 881, 2023 (part))