Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part, in all districts only for the uses set forth in the following schedules and regulations of this Zoning Code:
(a) The main buildings and uses set forth as permitted uses shall be permitted by right as the principal building or use of a zoning lot only in a district in which it is specifically permitted.
(b) The conditional uses set forth as such shall not be permitted by right; such uses may be permitted under specific conditions or prohibited in certain locations by the Planning Commission and Council after making a determination for conformance with standards set forth in Section 1161.03. If approved, a conditional use permit shall be granted.
(c) The accessory buildings and uses set forth as a permitted accessory use and further regulated in subsequent sections, shall be permitted as a subordinate building or use if it is clearly incident to and if located on the same zoning lot as the main building or use; if set forth as a conditional accessory use, it shall be permitted only under the conditions upon which it is approved, only one accessory building is permitted on a parcel.
(d) No use or occupancy of any building space or structure shall be permitted until the owner and tenant obtains an occupancy permit from the Building Department. It shall be the responsibility of the owner of the building to ensure the Occupancy Permit is current and all repairs and/or violations are corrected. Occupancy permits are required when any of the following occurs;
(1) Change in tenant except residential tenancies.
(2) Change in business type or use; notwithstanding the provisions of this chapter, a conditional use permit may also be required.
(3) Any new building.
(e) A temporary exterior retail use of buildings and land may be allowed for all districts, provided that the proposed temporary exterior retail use is not detrimental to the adjacent property and the public welfare, and not otherwise prohibited or restricted, either in whole or in part by this Code. A temporary exterior retail use of the otherwise enclosed building is permitted provided each of the following is satisfied:
(1) Application to the Building Department in writing on the forms provided by the Building Department, which application shall include a proposed exterior use plan.
(2) That the proposed temporary exterior retail use is otherwise allowed as a permitted use, permitted accessory use, or a conditional use as approved in accordance with Section 1161.02, et seq.
(3) Approval of the Building Department, upon such terms, conditions and safeguards directed by the Building Department.
(4) Approval by the Safety Director, upon such terms, conditions and safeguards directed by the Safety Director.
(5) The exterior use shall extend for no more than five (5) days and shall occur only one (1) time per year.
(Ord. 2008-030. Passed 4-22-08.)
(6) A fee of five hundred dollars ($500.00) per application of the proposed use is to be paid at the time of application. Three hundred dollars ($300.00) of the total sum per application shall be refunded, provided each of the following is satisfied.
A. The exterior use causes no additional cleaning, waste collection or maintenance services to be provided by and through the City.
B. All exterior tents, booths, covering or such shielding shall be removed within 24 hours of the last day of the approved temporary exterior use.
(7) Whoever violates this subsection is guilty of a minor misdemeanor.
(Ord. 2003-086. Passed 5-27-03.)