The requirements of this section are intended to provide for regulation of certain listed temporary uses and associated events on private property. Where expressly permitted by this section, temporary uses and special events may take place outdoors, notwithstanding any limitation or prohibition against outdoor activity otherwise provided by the zoning regulations of the city. A temporary use shall meet all of the following requirements.
(A) Nuisance, hazardous features. The temporary use shall not result in any hazard or nuisance to the adjacent users or uses of property or otherwise be contrary to the public health, safety or welfare of the community.
(B) Traffic and circulation. The temporary use shall not create hazardous vehicular or pedestrian traffic conditions on or adjacent to the site of the temporary use or event, or result in traffic in excess of the capacity of the street serving the use. The temporary use shall not:
(1) Unreasonably interfere with the use of the street or sidewalk for pedestrian or vehicular traffic;
(2) Unreasonably interfere with the view of, access to, or use of property adjacent to the street;
(3) Interfere with street cleaning or snow removal activities;
(4) Cause damage to the sidewalk or street or to trees, benches, landscaping or other objects lawfully located in the right-of-way;
(5) Cause violation of any state or local laws; or
(6) Reduce the effectiveness or access to any utility pole, street lighting, sign or other traffic control device.
(C) Public facilities and services. Adequate utility, drainage, refuse management, sanitary facilities, emergency services and access, and similar necessary facilities and services must be available for the temporary use.
(D) Natural environment. The temporary use shall not have a substantial adverse impact on the natural environment.
(E) Site suitability. The site must be suitable for the temporary use, considering flood hazard, drainage, soil and other conditions which might constitute a danger to life, health or property.
(F) Building, electrical and other codes. The temporary use and all associated temporary improvements, including, but not limited to, tents, stands, temporary electrical systems, temporary heating systems and temporary lighting systems must comply with all applicable provisions of the building code, the electrical code and such other codes as are from time to time adopted or amended pursuant to the city code.
(G) Duration. A temporary use shall occur only for as short a time as practicable. In no case shall a temporary use exist for a period in excess of 30 days in any 12-month period, nor shall any property be used for a temporary use in excess of 30 days during any 12-month period.
(H) Maintenance and cleanup of premises.
(1) The area occupied by the temporary use must be kept in a neat and well kept manner at all times.
(2) Within 24 hours after the closing of the sale or event, the owner or operator of the temporary use shall remove and properly dispose of all temporary improvements, signs, trash and debris resulting from the temporary use.
(3) It shall be unlawful for the owner or operator of the use to abandon the premises without such cleaning and removal.
(4) If any owner or operator fails to do such cleaning and removal, the city may enter upon the premises, do such cleaning and removal, and charge the cost thereof to the owner or operator of the event.
(I) Uses of public property; approval required; liability insurance required.
(1) No portion of a temporary use may take place on the public right-of-way or other publicly-owned property, unless the applicant shall have first obtained approval for such use from the public body or department having jurisdiction over the property.
(2) (a) Prior to receiving approval for a temporary use that will take place, wholly or in part, on publicly-owned property, the applicant shall obtain comprehensive general liability insurance of amounts of at least $500,000 per occurrence for bodily injury and property damage and $1,000,000 in the aggregate, with a company or companies authorized to do business in the state.
(b) The insurance shall insure the applicable against liability for death or bodily injury to persons or damage to property which may result from the temporary use or conduct incident thereto, and shall name the city as an additional insured party.
(c) The insurance shall remain in full force and effect in the specified amounts for the duration of the temporary use. Proof of such insurance shall be furnished to the city.
(Ord. effective 11-29-2013)