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(A) Temporary structures and uses, when in compliance with all applicable provisions of this chapter and all other ordinances of the city, shall be allowed for a period of less than 60 days and provided that a period of at least 30 days shall intervene between the termination of one period and the issuance of another permit for the same location. Any temporary use or structure requested for a period exceeding 60 days shall require the issuance of a special use permit by the Board of Adjustment. Itinerant merchants will not be permitted within the Central Business District unless in association with an approved special event permit.
(B) Fresh produce stands shall be subject to the following conditions:
(1) The produce stand operator must obtain a permit from the Zoning Administrator, which describes the type of sales involved, the location, and the duration of the sales operation;
(2) Fresh produce stands are permitted in the R-40, R-20, and GB districts;
(3) The owner of the property, if not the same as the outdoor seasonal fresh produce stand operator/owner, shall give written permission to the operator/owner;
(4) Fresh produce stands may operate at a site for up to 180 days but only between May 1 and October 31;
(5) Attached signage is permitted at one square foot per linear foot of the structure up to 15 square feet per street frontage;
(6) The use, including all sale items, parking, and maneuvering shall observe a setback of 20 feet and shall not be located in the sight distance triangle;
(7) There shall be only one produce stand or periodic retail sales event (either off-premise or on-premise) or produce sales event held at any one time on a lot;
(8) The produce stand operator is responsible for the removal of all trash and spoiled product on a daily basis;
(9) This use shall be permitted only on the following streets and must have direct access that has an established and maintained driveway:
(a) U.S. 74; and
(b) Highway 601;
(10) Sufficient on-site parking shall be provided on a dust-free pervious surface are or paved surface area;
(11) Hours of operation shall be between 7:00 a.m. and 8:00 p.m.;
(12) A sketch plan shall be required of the site showing all structures to be used, access, parking, signage, and setbacks;
(13) No additional lighting shall be permitted;
(14) Fresh produce stands shall not be permitted in infill neighborhoods; and
(15) The entire produce stand including display areas shall be 1,500 square feet or less.
(C) Special events.
(1) In deciding whether a permit for a special permit should be granted, the administrator shall ensure that, (if the special event is conducted at all):
(a) The hours of operation allowed shall be compatible with the uses adjacent to the activity;
(b) The amount of noise generated shall not disrupt the activities of adjacent land uses;
(c) The applicants shall guarantee that all litter generated by the special event be removed at no expense to the city; and
(d) The administrator shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.
(2) In any cases where it is deemed necessary, the administrator may require the applicant to post a bond to ensure compliance.
(3) If the permit applicant requests the city to provide extraordinary services or equipment or if the City Manager otherwise determined that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay the city for the costs of these services. This requirement shall not apply of the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
(Ord. O-2003-63, passed 12-16-03; Am. Ord. O-2004-45, passed 11-2-04; Am. Ord. O-2010-02, passed 4-6-10; Am. Ord. O-2012-17, passed 6-19-12)