779.01 Definitions.
779.02 Prohibition.
779.03 Exceptions; temporary uses.
779.99 Penalty.
CROSS REFERENCES
Charitable solicitations - see Ohio R.C. Ch. 1716
Frozen desserts - see Ohio R.C. 3717.51 et seq.
Sales of goods and services within right of way of interstate and other State highways - see Ohio R.C. 5515.07
Merchandise displays - see GEN. OFF. 559.15
Christmas tree sales - see B.R. & T. Ch. 709
Garage sales - see B.R. & T. Ch. 727
Going-out-of-business sales - see B.R. & T. Ch. 729
Peddlers and solicitors - see B.R. & T. Ch. 763
As used in this chapter:
(a) "Street" means the public right of way of any public thoroughfare, including alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares, however denominated, and including the entire area between and including sidewalks on both sides thereof, i.e. sidewalks, tree lawns, curbs and roadways, except where there are no sidewalks, tree lawns or curbs.
(b) "Sell or offer to sell" means to transfer or offer to transfer any interest, for consideration, in any goods, wares, merchandise or other article of value, including bartering and exchanging.
No person shall sell or offer to sell anything on any street in the City if the goods, wares, merchandise or other articles to be sold or offered for sale are present and in the immediate vicinity of the person selling or offering to sell the same or in the immediate vicinity of such person's agent.
(a) Temporary uses are intended to permit some activities, which would not normally be permitted under this chapter or Chapter 1195, if they are of minimum scope and intensity as regulated herein. Temporary uses are administrative and discretionary. Temporary uses require a permit from the Planning Commission subject to the requirements and restrictions herein. Any temporary uses are subject to the provisions of Chapter 1191 (Signs).
(b) The following temporary uses are permitted only upon approval by the City Planning Commission and based upon the standards set forth below:
(1) Produce/farmer's markets subject to the following requirements:
A. Any property owner wishing to conduct or allow a produce/farmer's market must first send a written request to the Building Director, who will then schedule the applicant for a presentation before the Planning Commission for approval. The applicant shall present the Planning Commission with a sketch of the proposed produce/farmer's market display(s), including a proposed plan for parking and traffic flow, so as to minimize traffic congestion, and proof of adequate liability insurance. The applicant shall also provide a complete description of all produce that will be offered for sale.
If approved by the Planning Commission, and affirmed by City Council, the property owner will be issued an annual permit allowing the produce/farmer's market. Said permit will expire in October of the year issued.
The Planning Commission shall have the discretion to review applications for produce/farmer's markets; to interpret all applicable code sections; to determine what will ultimately be permitted; and make a recommendation to City Council for final approval.
B. Only fresh produce (fruits and/or vegetables) and items incidental thereto may be sold. Any additional items may only be sold upon approval of the Planning Commission and City Council, or only City Council if the Planning Commission's decision is overturned by City Council. Sales of any other items for consumer use are prohibited. Should any operator violate this section and sell consumer goods that are not permitted, the Building Director shall have the discretion to revoke said permit. This decision shall be reviewed by the Planning Commission.
C. The days of operation will be Saturday or Sunday. While the Planning Commission shall have the discretion to expand the days of operation, such a decision may only be made after a finding that a legitimate, justifiable reason has been submitted by the applicant, and a finding that limiting the days of operation to Saturday or Sunday will cause a unique hardship to the applicant.
D. The hours of operation will be 9:00 a.m. to 12:00 p.m. Expanded hours will only be allowed upon approval of the Planning Commission and City Council, or only City Council if the Planning Commission's decision is overturned by City Council.
E. The months of operation will be June through October. Extensions of time will only be allowed upon approval of the Planning Commission and City Council, or only City Council if the Planning Commission's decision is overturned by City Council.
F. Sales will occur only in the following zoning districts: U-4; U-4-A; U-7; U-8; and any City-owned property, as determined by the City.
G. No displays shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk within or near the permitted area.
H. All areas shall be maintained in a clean, safe and sanitary condition. Trash receptacles shall be maintained.
I. No sidewalks shall be used for any sales or displays.
J. A minimum clear distance of ten (10) feet shall be maintained between the displays and any curbs and any public facilities or appurtenances including, but not limited to, fire hydrants, utility poles, park benches, trees and traffic signs.
K. No cooking or food preparation shall be permitted, except that such activities may be authorized by the Planning Commission.
L. The Building Director and/or the Planning Commission may further limit the type and time period of such display by reason of inclement weather or other conditions which may cause risk to public health, safety or the general welfare.
M. Any applicant, property owner or other individual/operator involved in this temporary use, and who fails to comply with this section, will be subject to the penalties provided for in Section 779.99. In addition, should any violation occur, the Building Director shall have the discretion to revoke the operator/owner's permit to conduct the produce/farmer's market. This decision shall be reviewed by the Planning Commission.
(c) Nothing in this section shall be meant to allow outdoor sales or sidewalk sales, except as otherwise permitted in this Zoning Code.
(Ord. 2010-14. Passed 6-28-10; Ord. 2012-5. Passed 4-23-12.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.