A temporary use permit will be approved, approved with conditions, or denied by the building official within ten (10) business days after submittal of a complete application. A temporary use must meet the following approval criteria:
A. The proposed use is temporary or seasonal in nature and will not continue for more than the time period specified in the application. Except for temporary uses specifically approved for longer periods, such as model homes or real estate sales offices, temporary uses must not continue for more than one hundred eighty (180) days for outdoor temporary uses or one year for temporary uses within a building;
B. The proposed temporary use will not necessitate permanent improvements to the site;
C. The site is physically suitable for the type and intensity of the proposed use;
D. The proposed temporary use is compatible with the land uses presently on the site and with existing land uses in the general area;
E. There is adequate provision for public and private utilities and services to ensure that the proposed temporary use will not be detrimental to public health and safety;
F. There is adequate provision for public and emergency access to serve the proposed temporary use; and
G. Any impacts of the proposed temporary use are mitigated. (Ord. 05-4186, 12-15-2005)
H. Football game day commercial use:
1. Display Permit: Vendors must prominently display the permit and it must be clearly viewable from the public right-of-way.
2. Assignment And Use By Others: A vendor may not assign its space/permit to any other vendors.
3. Location: Vendors are only allowed to locate along the Melrose Avenue street frontage between the Iowa Interstate Railway right- of-way and Melrose Circle.
4. Setup/Teardown: Vendors are not allowed to set up before ten o'clock (10:00) A.M. the day before game day and must tear down/remove all equipment and materials after each game.
5. Cleanup Responsibility: All vendors must keep any area where they vend litter free and shall remove litter from any adjacent public property/right-of-way. Vendors shall provide a trash container with unfilled capacity at all times. Vendors with liquid waste (oil, grease, gray water, etc.) must provide disposal units for the waste. Commercial liquid waste shall not be placed in gutters, port-a-johns or on the ground.
6. No Blocking Of Sidewalk/Right-Of-Way: No vendor shall block or obstruct the free movement of pedestrians or vehicles on a sidewalk, street, or other public right-of-way. Tents/stands must be set back at least two feet (2') from the back edge of public sidewalks.
7. Signage: Vendor signage is only allowed on the vendor's stand/vehicle/tent and is not allowed on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit signs will be allowed.
8. Sales Tax Permit: Each vendor whose sales are subject to sales tax must provide a copy of their sales tax permit.
9. Insurance/Indemnification: All vendors must provide to the city evidence of comprehensive general liability insurance of five hundred thousand dollars ($500,000.00) per occurrence and one million dollars ($1,000,000.00) aggregate and must indemnify the city against all damages that may result from the vendor's permitted temporary commercial use and/or the vendor's use of the public right of way.
10. Fire Extinguishers: All vendors must provide at least one 5-pound, 2A 10 BC extinguisher that is functional and accessible at all times.
11. Health Permits: All food vendors must secure necessary health permits from the Johnson County department of health and prominently display the permit so it is clearly viewable from the public right of way.
12. Cooking Tents: All tents used for cooking (regardless of size) must be approved by the fire code/building official. Cooking tents will be required to be separated from other tents, parked vehicles and lot lines. LP containers exceeding ninety six (96) pounds require approval from the fire code/building official.
13. Tent Size: All tents and membrane structures having an area in excess of four hundred (400) square feet shall not be erected or operated for any purpose without first obtaining approval from the fire code/building official.
14. Alcohol: No alcohol is allowed to be sold, dispensed or otherwise made available to the public in conjunction with any temporary commercial use.
15. Utility Location: Any tents and membrane structures using stakes or similar ground attachments must call the city for utility location at least twenty four (24) hours before setup. Vendors must comply with "One Call" utility location requirements.
16. Violation Of These Provisions: Any violation of the temporary use permit conditions will result in a civil citation and loss of the temporary commercial use permit for a minimum of seven (7) home games. The city also reserves the right to deny a temporary use permit for the same location for a minimum of seven (7) home games. (Ord. 11-4437, 7-5-2011)
I. Where an outdoor service area is allowed only as a temporary use pursuant to this article, a temporary use permit may be granted upon satisfaction of the following additional approval criteria:
1. The outdoor service area is operated in conjunction with a "restaurant" as defined in title 4, "Alcoholic Beverages", of this code.
2. The outdoor service area shall only be operational while the establishment is serving food from an on premises kitchen and the outdoor service area must be closed to all patrons by ten o'clock (10:00) P.M. or when the kitchen is closed, whichever is earlier.
3. The outdoor service area occupancy limit shall not exceed thirty (30) persons.
4. A lighting plan for the outdoor service shall be filed with the application and approved by the building official.
5. The outdoor service area is located on the street facing side of the building, or in an enclosed courtyard.
6. Conformance with all other criteria in title 4, "Alcoholic Beverages", of this code. (Ord. 14-4594, 8-19-2014)
J. Where amplified sound is allowed in an outdoor service area as a temporary use pursuant to section 14-4D-2 of this article, a temporary use permit may be granted upon satisfaction of the following additional approval criteria and shall be operated accordingly:
1. Amplified sound is only allowed if the outdoor service area is located more than three hundred feet (300') from any residential zone.
2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the outdoor service area and will minimize carry to areas outside the outdoor service area.
3. Amplified background music is only allowed if the outdoor service area is located more than one hundred feet (100') from any other outdoor service area, unless it can be demonstrated that the amplified sound from the outdoor service area is not audible within the other outdoor service area.
4. The city may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M.
5. Amplified sound may be restricted or prohibited during public events, festivals or concerts.
6. The applicant must submit a sound mitigation plan in accordance with subsection 4-3-1C5 of this code.
7. Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for these types of special events. (Ord. 17-4694, 3-7-2017)