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A. Application: Applications for holiday sales facilities shall be filed in accordance with the provisions of this chapter. The application shall include payment of a fee as established by resolution of the city council. In addition, a site plan shall be required to be submitted to the city for a holiday sales facility.
This site plan shall be drawn to scale with dimensions and shall show the following:
1. The boundaries of the site on which the facility is proposed.
2. Proposed access, including the type and location of any proposed traffic control devices or persons.
3. The location of the proposed facility, including all fences, structures, and vehicles to be used as part of the operation of the facility.
4. The location and size of any proposed utility service.
5. The method of providing toilet facilities, including the location and type of any portable toilets.
6. The applicant's name, address, and phone number.
7. The name, address, and phone number of a person to contact in the event of an emergency.
B. Report Of Decision: Within fifteen (15) days of receiving a completed application, the director shall prepare a written report stating his/her decisions and findings. The report shall include the facts and reasons for granting or denying the application. The report shall be mailed to the applicant and may, at the discretion of the community development director, be mailed to all owners of adjacent property via mail or by similar means.
C. Appeal Of The Community Development Director's Decision:
1. The decision of the community development director is considered final on the date that the report is issued.
2. Any person affected by the determination of the community development director shall have the right to appeal that determination to the city council.
3. Upon appeal, the city council shall review the decision of the community development director, hear new evidence and testimony if offered, and, in deciding the appeal, either affirm, reverse or modify the decision of the community development director.
D. Referral To City Council: The director may, at his/her discretion, refer an application for a holiday sales facility to the city council for review and approval. In that event, the city council shall have the authority to approve or deny the application.
E. Conditions: In approving a holiday sales facility, the director or city council may impose conditions reasonably related to the use and necessary to protect the public health, safety and welfare.
F. Denial Of Application: Any application for a holiday sales facility which would adversely affect the public health, safety, or welfare shall be denied. (Ord. 2355 § 1, 1997)