A. Property with a residential, commercial or industrial zone classification may conduct a temporary commercial use such as a Christmas tree lot, pumpkin patch or agricultural stand on an intermittent, seasonal or promotional basis in accordance with the following:
B. Such a business activity may operate for a maximum time period of 90 calendar days from the time setup begins to the time all removal and clean up must be completed. Extensions beyond this time period shall require approval by the Planning Commission in accordance with Chapter 15.76.
C. The activity shall be allowed on property with an R-1 or R-1P zone only if there is no habitable structure on the premises.
D. The activity shall be allowed only on a property having frontage along an arterial or Collector Street. No direct access from a residential street shall be allowed.
E. The applicant shall provide written consent from the owner of the subject property to conduct the activity prior to any set up on the site.
F. The applicant shall obtain applicable permits from the Community Development and/or Fire Departments and a business license from the Business Registration Department.
G. The sales and other public areas shall be cleared before opening and shall be maintained free of weeds, holes, and other hazards throughout the operation to the satisfaction of the Community Development Department.
H. At least six off-street spaces shall be provided for the use of patrons. In the case of a developed lot, sufficient parking as determined by the Community Development Director shall be retained for the existing uses on site during the temporary business activity.
I. No structure, sign, or merchandise associated with the temporary commercial use shall obstruct a public right-of-way.
J. Advertising signage shall not exceed a collective total of 50 square feet of area, and no sign shall exceed a height of eight feet.
K. "No Smoking" signs shall be posted wherever indicated by the Fire Department. These signs shall meet the specifications stipulated by the Fire Department.
L. Property with a commercial zone classification may conduct a temporary open air marketing activity such as a sidewalk or parking lot sale on an intermittent, seasonal or promotional basis in accordance with the following:
M. Such an activity shall be subject to the provisions of "C" through "J" in subsection "L" of this section.
N. Such an activity shall be for the display and sale or merchandise of merchants already operating a business on the premises.
O. Such an activity shall be no longer than five days in duration and only one such activity shall occur on the property within a thirty day period.
P. Display and sales areas will not obstruct, delay or interfere with the Fire Department or with the egress of building occupants in the event of the fire, and the layout will otherwise comply with the general safety requirement of the Uniform Fire Code.
Q. The failure to comply with the provisions specified above shall result in the stoppage of the business activity.
(Ord. 3232 (part), 2016).