A. Purpose And Intent: The purpose of this section is to protect the health, safety, and welfare of the city of Parma and its residents. This title is not intended to prohibit or hamper speech which is protected by the first amendment, but merely to regulate specific activities which are commercial in nature.
B. Definitions: As used in this section, the following terms shall have the following meanings:
SPECIAL EVENT: A bona fide school, community or public event not to exceed five (5) consecutive calendar days which is centered around a specific theme, ceremony, holiday or historical event and sponsored by an identifiable individual or group.
TEMPORARY: A period of six (6) months or less.
TEMPORARY USE: Any commercial use of land that will last for no more than six (6) months.
TEMPORARY USE FACILITY: Any building, vehicle, cart, trailer, mobile home or other facility used in conjunction with a temporary use.
C. Temporary Use And Facilities Regulations: All temporary uses and temporary use facilities shall be subject to the following conditions and regulations:
1. No person shall engage in temporary use of land or construct, place, or set up a "temporary use facility" as defined herein, without first procuring a temporary use permit.
2. The permit shall not allow for placement of any temporary use facility or sign within a street, vision triangle, required setback, dedicated trash dumpster location, sidewalk, or any other position on a lot which may substantially interfere with vehicle or pedestrian circulation, emergency access or the normal functions of other uses on the property, or be potentially hazardous to the public. Placement must be on private property in a commercial zone other than C-1 or any industrial zone.
3. The written permission of and indemnification by the property owner or owners on a form provided by the city shall be required in order to operate a temporary use on property within the city.
4. The proposed use shall be commercial in nature and in conformance with the zoning district within which it is to be located except commercial uses may be located in industrial zones.
5. A temporary use permit shall not exempt or otherwise excuse the applicant from complying with all other applicable city, county, state or federal regulations pertaining to the type of activity the applicant will be conducting under such permit. Applicants who will serve food or beverages shall first procure a permit from the southwest district health department to ensure compliance with applicable health regulations.
6. Every person who receives a temporary use permit shall clean up all garbage or debris caused by his or her temporary use, or within twenty feet (20') of the temporary use facility both daily and immediately upon cessation of such use. Every temporary use must include trash receptacles and regular trash service.
7. Temporary use facilities shall provide adequate accessibility as required by ADA standards.
8. Any power supply connected to or used within a temporary use facility shall comply with all city and state electrical regulations.
9. All temporary use facilities shall be maintained and remain in compliance with all applicable city, county, state, and federal regulations, including, without limitation, fire, building, and electrical codes as well as health regulations, during the life of the temporary use permit.
10. Temporary use facilities shall be placed on a noncombustible surface and must be at least twenty five feet (25') away from combustible materials.
11. Temporary use facilities shall be supported by materials approved for direct contact with the earth and shall be anchored in a manner acceptable to the city building inspector. No temporary use facility shall be constructed on a permanent foundation or otherwise caused to be permanently affixed to the land solely for the purpose of accommodating a temporary use. For purposes of this section, any facility that cannot be removed in a twenty four (24) hour period without destroying such facility, a significant portion thereof, or damaging the ground upon which it sits, shall be considered permanently affixed to the land.
12. Temporary use facilities consisting of buildings or portions thereof shall comply with all city building codes and a certificate of occupancy shall be obtained from the building inspector prior to operation of the temporary use. Temporary use facilities consisting of a cart, trailer, mobile home or other structure shall comply with the following:
a. No structure shall exceed twelve feet (12') in height.
b. No structure shall exceed thirty feet (30') in length.
c. No structure shall exceed one hundred two inches (102") in width.
d. No temporary use facility shall consist of more than one trailer, mobile home, recreational vehicle or motor vehicle per vendor and, in addition thereto, not more than one tent per vendor.
13. Anyone operating a temporary use shall do so in a manner that does not create excessive noise, light, dust, nuisance or other detriment to the quiet enjoyment of property in the vicinity.
14. Anyone engaged in a temporary use shall be allowed to engage in their business only between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M.
15. Temporary use facilities shall not be placed within fifty feet (50') of another temporary use facility or within one hundred fifty feet (150') of a permanent use of the same kind.
16. Any BBQ grill associated with a temporary use must be enclosed and permanently built into the temporary use facility.
17. Unsecured menu boards or sidewalk signs are prohibited. All signage must be affixed to the temporary use facility or a preexisting sign on site.
18. Temporary use facilities shall have a clean appearance at all times.
19. Temporary use facilities must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians; drive-up service is not allowed. No service to the public shall be made from the street side of the temporary use facility.
20. No licensee hereunder shall:
a. Fail to comply with any of the requirements and restrictions set forth in this section;
b. Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;
c. Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;
d. Represent the issuance of any permit under this section as an endorsement or recommendation of the solicitation.
D. Inspection And Qualifications For Permit:
1. At the time of filing an original application, an adult applicant shall pay the permit fee to the city clerk. The permit fee for any temporary use shall be set by resolution of the council. Applicant shall also bear the actual costs of necessary inspections.
2. If the applicant or his employer has been convicted of a violation of any municipal, state or federal laws, except for minor traffic violations, in the previous five (5) years; or if the applicant has made a false statement on the application or has had a temporary use permit revoked or suspended for a violation of this section it may be disapproved.
E. Exceptions: The provisions of this section shall not apply to:
1. Any sales under court order;
2. Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for delivery, from local retailers, local businesses, local governments, local schools, or local wholesale firms;
3. The sale of farm or garden products by the person producing the same;
4. The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;
5. The occasional sale of admission by local school students to a function of their school; or fundraising sales by local service clubs or groups such as Elks, Kiwanis, Lions, Boy or Girl Scouts;
6. Any political group seeking funds or membership;
7. Garage, yard, or similar sales by individuals at their residence or place of business not exceeding two (2) separate sales in one calendar year, not to exceed three (3) days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale;
8. Any organization exempt from taxation as provided by 26 USC 501 and meeting all the requirements for the exemptions provided by 26 USC 503;
9. Any activity conducted as a special event.
F. Expiration Of Permit: All permits issued under the provisions of this section shall expire on the date specified in the permit. No permit shall be issued for a period longer than six (6) months.
G. Enforcement:
1. Violations: Any person who engages in a temporary use or operates a temporary use facility without first procuring a temporary use permit, or otherwise violates the provisions of this section shall be guilty of a misdemeanor and, where applicable, may have his or her temporary use permit revoked. Each day a violation exists shall constitute a separate, additional offense.
2. Compliance Notice: Upon finding that one is in violation of this section, the planning director, his/her designee, or a code enforcement officer may declare the use illegal and in violation of the zoning codes. The enforcing authority may then instruct the owner or operator of the use to immediately remove it from the premises by giving written notice to vacate the premises.
3. Enforcement Against Violator(s): The owner or operator may subsequently apply for a temporary use permit to continue using the property. If the permit is obtained then said owner may, within the conditions set forth in such permit, continue to operate the temporary use. If the permit is not obtained, and the owner or operator of the temporary use does not vacate the property as directed, then the enforcement authority shall take action against the violator.
H. Severance Clause: The provisions of this section are declared to be severable. If any portion hereof is found to be invalid, such finding shall not affect the validity of the remaining portions, sentences, clauses and phrases of this section, but the same shall remain in effect, it being the legislative intent that this section shall stand notwithstanding the invalidity of any part. (Ord. 527, 3-14-2005)