For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   FLAME RETARDANT OR FLAME RESISTANT TARPS. These tarps shall have a physical marking or tag attached to the tarp which shows that the tarp has been tested and declared FLAME RESISTANT AND/OR FLAME RETARDANT. Tarps not bearing this physical insignia shall not be accepted.
   PERMANENT BARRIER. A wall or fence which has been constructed as a permanent attachment to property and is a minimum five feet in height and has openings which are no longer than four inches in either direction.
   PERMANENT BUSINESS. A place of business which is in physical operation and open to the public at one stationary location for a period of not less than 300 days a year and has a permanent state sales tax license for said location.
   PERMANENT STRUCTURE. Established for 365 days a year and complying with the Uniform Building Code for the occupancy, which is utilizing the structure.
   SEASONAL BUSINESS. A place of business which is in physical operation and open to the public at one location for a period not exceeding 300 days but more than 30 days and has a permanent state sales tax license for said location.
   TEMPORARY BUSINESS. A place of business which is in physical operation and open to the public at one or more location for a period not exceeding 30 days. (A merchant’s license will be required for this classification of business.)
   TEMPORARY STRUCTURE. Any vending stand, reviewing stand, canopy, tent, awning, fence, or other miscellaneous structure which is intended for use on a temporary basis.
      (1)   (a)   Temporary structures, such as vending stands, reviewing stands, canopies, tents, awnings, fences, and miscellaneous structures may be erected in areas zoned Highway Service and General Commercial, provided that a special temporary structure permit is obtained for each stand. Said permit shall be issued by the Building Official or her or his designee for a period to not exceed 30 days per location. This 30-day time frame shall include set up and tear down time.
         (b)   For the purpose of this section, “location” shall be the site on which the TEMPORARY STRUCTURE is first constructed or placed. A TEMPORARY STRUCTURE may not be disassembled and reconstructed or moved to a different location on the same property or parcel of land, or an adjacent parcel of land, after an initial permit is issued for the structure.
      (2)   The structural frame of all TEMPORARY STRUCTURES shall be made of steel, aluminum, PVC, or wood. If constructed of wood, the smallest wood member shall not be less than two inches by four inches in width.
         (a)   Wood used for the interior and exterior skins of a temporary structure may be as follows: one-half of an inch of plywood, one-half of an inch of chipboard, or particle board.
         (b)   WOOD, as defined above, may also be used for shelving a TEMPORARY STRUCTURE.
         (c)   Tarps which are utilized on TEMPORARY STRUCTURES and which are occupied by temporary merchants, shall be flame retardant or flame resistant as defined in this chapter. All tarps not complying with this chapter shall be removed.
      (3)   All TEMPORARY STRUCTURES shall be removed upon expiration of the time limit stated on the permit.
      (4)   (a)   If the structure is not removed by the expiration date stated on the permit, the city shall remove the structure without further notice to the owner and shall charge the cost of the removal to the property owner.
         (b)   At the time the permit is issued, the Building Official or his or his designee shall provide the owner with a copy of the ordinance codified in this chapter.
         (c)   The owner or occupant of the stand shall sign the permit, which will serve as an acceptance of service and which will constitute sufficient notice that the structure is not to be placed for more than 30 days.
         (d)   The city may bring action in magistrate or circuit court for the recovery of costs incurred for the removal of said structure or structures.
      (5)   TEMPORARY STRUCTURES or appendages thereof shall not be placed closer than five feet to any public road or alley.
      (6)   The permit hereinbefore described may be suspended or revoked if at any time the structure or its occupants are in violation of city ordinances or state laws.
      (7)   Temporary structures may not be used for housing permanent or seasonal businesses.
(Ord. 5.01C, passed 6-5-2008)