An intermittent activity is an outdoor use which, while occasional, occurs with some routine or regularity. Intermittent activities include, but are not limited to, the following uses: mobile food facilities, farmers markets, and open-air craft markets. Such uses typically require additional authorization(s) from other City Departments. An intermittent activity may be authorized as a temporary use for a period not to exceed one year.
(a) In all Districts other than RH, RM, RED, and RTO Districts an intermittent activity is permissible if it satisfies all of the following conditions:
(1) It shall not be located within a Building as defined in Section 102 of this Code.
(2) It shall not be located on the property for more than either: (i) 6 calendar days for longer than 12 hours per day in any 7-day period; or (ii) 3 calendar days for longer than 24 hours per day in any 7-day period. At the time of application, the applicant shall designate in writing which of the foregoing options shall apply to the activity. No changes shall be made during the authorization period without first filing a new application.
(A) The time periods referenced in Subsection (a)(2) each constitute complete calendar days and apply without regard to whether the activity is open to the public or whether the activity is located on the subject property for consecutive days.
(B) Days of unused authorization cannot be stored or credited, and any portion of a day that the intermittent activity is located at the subject property shall count toward the 12-hour or the 24-hour limit of Subsection (a)(2).
(C) This Subsection (a)(2) shall not apply to any Mobile Food Facility located within a Public (P) District that together with any directly adjoining P District(s) contains more than one acre.
(3) It shall be open for business only during the hours of operation permitted as a principal use for the District in which it is located, if any such hourly limits exist.
(A) Notification shall be required if the vending space, as defined below, would exceed 300 square feet.
(B) Notification shall be required if any portion of the vending space would be located within 50 feet of an RH, RM, RED, or RTO District. Distances to RH, RM, RED, and RTO Districts shall be measured from the extreme perimeter of any vending space to the nearest property line of any parcel which is partially or wholly so zoned.
(C) For purposes of this Section, "Vending Space" shall be defined as the entire area within a single rectangular perimeter formed by extending lines around the extreme limits of all carts, vehicles, tables, chairs, or other equipment associated with all intermittent activities located on the parcel.
(D) Notwithstanding Subsections (4)(A) and (B) above, and in order to eliminate redundant notification, notification shall not be required for the resumption of an intermittent activity or the extension of time for an intermittent activity when all of the following criteria are met: (i) an intermittent activity is currently authorized on the property or has been authorized on the property within the 12 months immediately preceding the filing of an application for resumption or extension; (ii) the existing or recent intermittent activity lawfully exceeds or exceeded the thresholds of Subsections (4)(A) and/or (B), above, and was the subject of neighborhood notice under Section 311 at the time of its establishment; and (iii) the intermittent activity would not further exceed the thresholds of Subsections (4)(A) and/or (B), above.
(b) An intermittent activity is allowed in a RH, RM, RED, and RTO District only if it: (1) satisfies all the conditions set forth in Subsection (a); and (2) is located on a parcel that contains or is part of a Hospital, as defined in Section 102, a Post-Secondary Educational Institution, as defined in Section 102, or a Public Facility, as defined in Section 102. An intermittent activity authorized under this Subsection shall not operate between the hours of 10:00 p.m. to 7:00 a.m.
(Added by Ord. 297-10, File No. 101351, App. 12/3/2010; amended by Ord. 118-13, File No. 120125, App. 6/28/2013, Eff. 7/28/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 184-19, File No. 190459, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)
AMENDMENT HISTORY
Undesignated introductory paragraph amended; new division (a) added; former divisions (a)-(d) redesignated as divisions (a)(1)-(a)(4) and internal subdivisions and references adjusted accordingly; new division (b) added; Ord. 118-13, Eff. 7/28/2013. Divisions (a)(1) and (b) amended; Ord. 22-15, Eff. 3/22/2015. Division (b) amended; Ord. 184-19, Eff. 9/9/2019. Divisions (a)(4) and (a)(4)(D) amended; Ord. 63-20, Eff. 5/25/2020.