§ 152.203 SEASONAL TEMPORARY SALES.
   All seasonal temporary sales shall be in accordance with the following requirements:
   (A)   Permitted locations. Seasonal temporary sales may be permitted only within a zoning district in which such use is specifically permitted under this chapter. Such sales shall be permitted only for seasonal, non-manufactured items, which are typically sold out-of-doors.
   (B)   General requirements.
      (1)   A zoning certificate for seasonal temporary sales shall be granted for a period not to exceed 90 days within a six month period.
      (2)   The Board of Zoning Appeals shall review and approve all initial applications for seasonal temporary sales to ensure conformance with the requirements contained herein. In addition, the Board of Zoning Appeals may require other information it deems necessary to protect the health, safety, and general welfare of the community.
      (3)   An approved conditional use certificate for seasonal temporary sales shall not require a rehearing before the Board of Zoning Appeals for each subsequent year such use is to be conducted, provided that:
         (a)   The approved use remains unchanged;
         (b)   A zoning certificate for seasonal temporary sales is obtained for each successive year and occurrence after Board of Zoning Appeals approval; and
         (c)   The activity has not been adjudged by a court of law to be a hazard, nuisance, noisome condition, or in violation of any applicable provisions of this chapter.
   (C)   Specific Requirements.
      (1)   Prior to conducting any seasonal temporary sales, a zoning certificate for seasonal temporary sales shall have been approved by the Board of Zoning appeals authorizing the enforcement official to issue the required permit.
      (2)   Application for a zoning certificate for seasonal temporary sales shall be on forms provided by the village and shall contain the information required therein.
      (3)   In addition, the applicant shall submit a plot plan for each proposed business location containing the following information:
         (a)   Type of enclosure to be used and setbacks from existing right-of-way lines to the proposed location of the temporary seasonal sales;
         (b)   Size, type and location of signs;
         (c)   Parking layout indicating spaces deleted due to location of the seasonal temporary sales activity, and relocation of such spaces if they are needed to fulfill the minimum number of parking spaces required by this chapter;
         (d)   Internal traffic circulation pattern to ensure that the seasonal temporary sale will not obstruct or impede the movement of traffic within the established right-of-way line or to or from private property at the established right-of-way line.
('80 Code, § 152.203) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999