A temporary exterior retail use of buildings and land may be allowed, with the exception of the LS-D District, 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 completely enclosed building is permitted provided each of the following is satisfied:
(a) Application to the Building Department in writing on the forms provided by the Building Department, which application shall include a proposed exterior use plan.
(b) 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.
(c) Approval of the Building Department, upon such terms, conditions and safeguards directed by the Building Department.
(d) Approval by the Safety Director, upon such terms, conditions and safeguards directed by the Safety Director.
(e) The exterior use shall extend for no more than five (5) days and shall occur only one (1) time per year.
(f) 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:
(1) The exterior use causes no additional cleaning, waste collection or maintenance services to be provided by and through the City.
(2) All exterior tents, booths, covering or such shielding shall be removed within 24 hours of the last day of the approved temporary exterior use.
(g) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2003-087. Passed 5-27-03.)