(A) Permit required; fee. No person shall conduct a temporary use without first having obtained a permit from the Director of Community and Economic Development. Application for such permit shall be made on a form provided by the city. The fee for such a permit shall be $50 per application.
(B) Term. Except for temporary use, permits for transient merchant sales as defined in this chapter within a hotel, theater or banquet facility, seasonal outdoor garden sales as defined in this chapter, and season open sales lots as described in § 110.05 of this code, a temporary use permit shall be issued to any one applicant only for one term of no more than 20 consecutive days in a calendar year, or for no more than two terms of ten consecutive days each in a calendar year. The following terms shall apply for transient merchant sales within a hotel, theater or banquet facility, seasonal outdoor garden sales and seasonal open sales lots:
(1) Seasonal outdoor garden sales. A temporary use permit for seasonal outdoor garden sales shall be valid for no more than 30 consecutive days, and no more than two such temporary use permits may be granted to any applicant in a calendar year.
(2) Seasonal open sales lot. A temporary use permit for a seasonal open sales lot shall be valid for no more than eight consecutive weeks.
(3) Transient merchant sales. A transient merchant sale is the sale of goods, wares, merchandise or services by a merchant that is selling the goods, wares, merchandise or services from a table, booth or similar enclosure within a hotel, theater or banquet facility for a period of short duration not to exceed five consecutive days. Any hotel, theater or banquet facility desiring to conduct a transient merchant sale shall first secure a temporary use permit. A temporary use permit for transient merchant sales shall be valid for a period of one calendar year.
(C) Standards. The following standards shall be applicable to the issuance of a temporary use permit:
(1) The temporary use shall comply with all codes and ordinances of the city except for such codes and ordinances which would effectively prohibit the use under this code;
(2) The temporary use will not create an unreasonable danger of nuisance to the neighborhood in which it is located, or create a danger of substantial breach of the peace, riot, or similar disorder;
(3) The temporary use will not be conducted for an unlawful purpose;
(4) The temporary use will not interfere with the safe and orderly movement of traffic and persons in the public rights-of-way, or in the case of seasonal outdoor garden sales, with the safe and orderly movement of traffic and persons on private property adjacent to the location of the sale;
(5) The temporary use will not create a hazard to the health or safety of the residents of the city, or to the health of domestic or wild plants and animals in the city;
(6) The temporary use will have adequate parking spaces available to serve the proposed temporary use and all other uses on the site;
(7) Except for seasonal open sales lots, as described in § 110.05 of this code, a temporary use shall not be permitted on any vacant or abandoned lot; and any temporary use shall be an activity accessory to and consistent with the principal use of the property;
(8) If the temporary use is conducted in or on a temporary structure such as a tent, awning, spectator stand or seating, shed, trailer or some other similar structure, such temporary structure shall comply with all applicable building and health and safety codes and ordinances of the city, and shall be subject to inspection by the city’s code enforcement officials. At the end of the term of the temporary use permit, such temporary structure shall be removed; and
(9) A temporary use may be conducted only in a business zoning district or on a lot occupied by nonresidential use in a residential zoning district. In the B-l Professional Office District and B-2 Professional Office District, a temporary use may only be conducted in conjunction with a retail use.
(Ord. 08-1, passed 5-13-08; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 12-15, passed 3-27-12; Am. Ord. 22-24, passed 8-23-22)