(a) Permit Time Limitation. Such use permit shall be valid for one year only, with the option of annual renewal if requested by the applicant and agreed to by the Commission. Renewal shall require approval by Commission motion at a regular meeting. The Commission may, but need not, conduct a public hearing as part of consideration of any requested renewal.
(b) Use Time Limitation. Such use shall occur only during the season beginning on May 1 and ending on November 15. Such use shall regularly occur only on the Saturday of each week during such period of duration, and shall be open to the public only between the hours of 9:00 a.m. and 1:00 p.m. If an applicant wishes to operate such use on any additional day or time for a special reason such as a holiday or other event, such request may be considered by the Commission on a case by case basis.
(c) Use Limitation. Such use shall be limited to use and sales by the applicant and such other vendors who comply, have complied, and can demonstrate compliance with all Federal, State and Local licensing and vending requirements, including but not limited to the Ordinances of the Village, as may be amended from time to time.
(d) Area Limitation. Such use shall be limited to the portion of applicant's property which is shown on the map or plan submitted with the application. Such use shall include no permanent structures, but may include suitable non-permanent pop-up market tents. Such tents shall be removed from the property when the use is not in operation, but may remain at an appropriate site proposed by the applicant and agreed to by the Commission during the use's non- working days.
(e) Parking. Such use shall provide sufficient patron off-street parking for all vendors and patrons, which parking, and ingress to and egress from the site shall not create a hazard or nuisance upon the public roads of the Village or to adjacent properties. No on-street parking shall be permitted at any time for such use.
(f) Traffic Control. Such use shall provide for appropriate traffic control as will assure that there is not created an unsafe condition upon the roads, sidewalks, or pathways of the Village. If, in the sole reasonable opinion of the Zoning Officer, the operation of such use is causing an unsafe condition, it shall be within the right of the Zoning Officer to ameliorate that condition either directly or through discussion with the applicant. The applicant shall reimburse and hold the Village harmless for any cost borne by the Village in this regard.
(g) Capacity. Such use shall be limited to no more than 400 people at any time, including patrons and vendors.
(h) Vendors. Such use shall be valid for no more than thirty-five qualified farm vendors who are not secondhand vendors, and whose products shall be limited to the items proposed by the applicant and agreed to by the Commission. Such use shall not generally include any artisan vendors. In the event that an applicant wishes to include such vendors for a special reason such as a holiday or other event, such request may be considered by the Commission on a case by case basis.
(i) Local Organizations. Such use shall provide suitable space, at no fee cost, from time to time, to local non-profit organizations including but not limited to the Village, Peninsula Library and Historical Society, Valley Fire District, United Methodist Church, and Mother of Sorrows Church, as well as the Quarry, which shall be permitted for the purpose of allowing such organizations to provide information materials to the public, but not offering items for sale.
(j) Sanitary Facilities. Such use shall provide for appropriate sanitary facilities for all patrons and vendors, which shall include not fewer than two portable sanitary facilities. Such facilities shall be kept clean and operable at all times that the public shall be on the property. Such facilities shall be removed from the property when the use is not in operation, but may remain at an appropriate site proposed by the applicant and agreed to by the Commission during the use's non-working days. Such use and facilities shall further comply with all requirements of all applicable Health Regulations, including but not limited to those promulgated by the Summit County Board of Health and/or the Village of Peninsula.
(k) Insurance. Such use shall hold valid and binding liability insurance in favor of any patron, vendor or other person who may be injured due to the negligence of applicant or any vendor, their employees and agents, in a minimum principal sum not less than one million dollars. A copy of said insurance shall be provided to the Village upon request.
(Ord. 21-2020. Passed 12-14-20.)