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(A) Purpose.
(1) The purpose of this section is to ensure public health, safety, order and general welfare of the residents and visitors to the city through a uniform set of rules and regulations pertaining to temporary and/or mobile outdoor food vendors.
(2) The city will issue outdoor food vendor permits only to properly zoned business locations with an established business at that location along with a validly issued and current city business license.
(3) The city will have no more than six outdoor food vendor permits issued at any one time, with a limit of one permit issued per business location and/or business license.
(4) One permit allows for two vendors at one time. The permit holder may rotate vendors as they wish, so long as only two vendors are on the site at a time.
(5) As of the date of the passing of this section, no temporary permits for non-edible merchandise will be issued.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. Shall mean the City of Tontitown.
EDIBLE GOODS. Shall include, but are not limited to consumable:
(a) Prepackaged food including, but not limited to popcorn, snacks, candy, beverages and ice cream;
(b) Prepared food including, but not limited to hot dogs, hamburgers and other entrees, side items, desserts, or appetizers;
(c) On-site prepared food; and
(d) Locally grown produce.
(C) Application for required permit. Prior to placement, each business location with an established business at that location, must obtain an outdoor food vendor permit from the city. The business owner or applicant is required to supply the city with a completed outdoor food vendor application for the proposed outdoor food vendor allowed at their business location. The business owner and outdoor food vendor applicant shall be required to comply with all applicable state and local regulations. The application shall include:
(1) The name, address, contact information of both the property owners and the outdoor food vendor requesting to locate on the property;
(2) A valid copy of all required state and county health authority permits, which permits shall be conspicuously displayed by the outdoor food vendor at all times;
(3) A description of the location of the proposed outdoor food vendor; and
(4) Written authorization from the property owner or legal representative or agent.
(D) Permit fee. Outdoor food vendor of edible items permit fees:
(1) There shall be a non-transferable annual fee of $300 which shall run, from July 1 through June 30 of the following year.
(2) The city shall issue outdoor food vendor permits only to business locations that are properly zoned with an established business at that location along with a validly issued and current city business license.
(3) Maximum of two outdoor food vendors operating on site, at any one time, per day, per permitted business location.
(E) Exemptions.
(1) This section shall not apply to:
(a) Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;
(b) The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paperbound books;
(c) Outdoor or "sidewalk sales" as part of a full-time commercial retail tenant's seasonal promotional activity lasting no more than three consecutive days, with a maximum of three times per year, per location;
(d) Local resident's temporary produce stands selling personally grown fruit, vegetables, farm products or provisions provided the owner of the location has granted permission;
(e) Merchants participating in outdoor markets or special events organized, administered or approved by the city, including but not limited to the Tontitown Grape Festival and other approved and organized public activities such as planned activities in the city park. Such merchants/vendors must have received prior approval by the city or the organizing or administering agency, and must be located by the area designated by the organizing or administering agency; or
(f) Vendors associated with public auction events.
(2) Claims of exemption. Any person claiming to be legally exempt from the regulations set forth herein, or from the payment of a permit fee, shall provide other legal authority under which exemption is claimed and shall present proof of qualification of such exemption.
(F) Permit revocation.
(1) No refunds will be provided for any revocation or suspension of outdoor food vendor permit.
(2) Any person who violates any portion of this section may be subject to, in addition to a permit revocation, a maximum fine and penalty as set forth in the general penalty clause of the Tontitown Municipal Code as may now or hereafter be enacted by the City Council.
(G) Appeal of permit denial, revocation, suspension.
(1) Following a permit revocation, an outdoor vendor permit holder shall not be eligible to reapply for an outdoor vendor permit for at least one year from the revocation.
(2) Any applicant (including the property owner associated with an applicant) aggrieved from any determination made by an official charged with the administration of this section, including but not limited to the granting of an annual permit, a permit denial, or a revocation of a permit shall be in writing and filed with the City Clerk or Recorder within ten days of the date of the determination being appealed. The city administration shall promptly fix a time and place for a hearing of the appeal, and the city shall mail notice of the hearing to the applicant or property owner at the address provided to the city in the application.
(3) All decisions regarding the appeal of a determination shall be reviewed and decided upon by the City Council within 90 days of receiving written appeal and the determination of the City Council shall be final.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2019-09-860, passed 9-3-19)
Temporary uses, buildings and structures, not used for dwelling purposes, may be placed on a lot or parcel and occupied only under the following conditions:
(A) Exemption. Temporary uses located in temporary structures will not require a conditional use permit if they meet the following requirements: The use and/or structure shall not exceed three days in a 12-month time period; the temporary structure shall not exceed 800 square feet in size and shall not create a traffic hazard.
(B) Conditional use permit required. A temporary use such as a helicopter ride, balloon ride, carnival, circus, church tent revival, temporary tent sales, sales using non-permanent temporary structures, and outdoor sales/service activity or similar temporary uses that do not meet the exemption requirements shall be permitted only in a nonresidential zoning district and shall have no facilities located nearer to a residential district than 200 feet and no nearer a occupied residential structure than 300 feet. The site shall have access drives so located as to minimize traffic hazards. The applicant shall show that adequate measures will be taken to prevent odor, dust, noise, lights, and traffic from becoming a nuisance to uses on other adjacent properties. Each conditional use permit for such an enterprise shall be valid for a period of not more than 15 days and shall not be permitted for more than two such periods for the same location within any one calendar year.
(C) Temporary classrooms. Up to two temporary classrooms may be permitted for public or private schools with expansion needs. The classrooms shall meet local codes and ordinances. The buildings shall be removed within 15 days after construction of any permanent structure intended for expansion purposes is complete. The temporary classrooms shall not be allowed more than 18 months, unless expressly authorized by the Planning Commission.
(Ord. 2017-05-635, passed 5-2-17)
Animals and fowls, where permitted in a district, shall be kept only in accordance with this code. Proponents of such uses shall show that adequate measures will be taken to prevent odor, dust, noise or drainage from becoming a nuisance to uses on other properties. No incineration of animal refuse shall be permitted on the premises. In a residential district, no more than four farm, domestic or household animals over the age of four months shall be kept, maintained or harbored. However, in a residential district, the temporary keeping, maintaining, or harboring of more than four such animals may be allowed in cases of rescue, foster care, or temporary sheltering. Said temporary keeping, maintaining, or harboring of more than four animals shall be limited to 30 days.
(A) All animals kept in residential areas, as allowed by §§ 153.080 and 153.083 are intended to be clean, odor free, quiet, non-obtrusive, and healthy additions to a residential area for purposes of enjoyment, education, or training by the property owner, occupants, and visitors. However, grazing areas shall be required to have a suitable fence. A fencing plan shall be submitted if a conditional use application is required by § 153.122. Furthermore, it is required that any and all animals be provided with appropriate shelter and living conditions at all times.
(B) A minimum of one acre of undeveloped land is required to ensure adequate space for animals that require grazing. The number of animals allowed per acre may vary depending on the type of animals, the location and geography of the property, and the water and nutrients available to the animals. Therefore, we recommend owners of grazing animals such as, but not limited to, equine, cattle, sheep, goats, and fowl follow local extension office recommendations to ensure the health and safety of the animals, the owners, and the neighboring properties.
(Ord. 2017-12-669, passed 12-5-17)
Hobby chickens allowed in permitted districts shall meet the following regulations:
(A) Number permitted. No more than four hens shall be allowed for each single-family dwelling. No birds shall be allowed in multi-family complexes.
(B) Roosters prohibited. No roosters shall be allowed.
(C) Slaughter. There shall be no outside slaughtering of birds.
(D) Placement of enclosures. All hen enclosures shall be placed at least 25 feet from neighboring dwellings and located in a rear or side yard.
(E) Condition of enclosures. All enclosures must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis so as to prevent offensive odor.
(F) Food containers. All food used for chickens shall be kept in a suitable container with a tight-fitting cover so as to be inaccessible to rodents.
(G) Applicability. These regulations are not intended to apply to indoor birds kept as pets, such as, but not limited to, parrots or parakeets, nor the lawful transportation of fowl through the corporate limits of the city. Neither shall they apply to poultry kept in areas of the city which are zoned A-1.
(Ord. 2017-12-669, passed 12-5-17)
All detached accessory dwelling units (ADU) must conform to the following standards:
(A) Parking. One parking space shall be provided on-site for each studio and one bedroom accessory unit. Two parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in addition to the required parking for the primary residence.
(B) Unit size. In no case shall an ADU consist of less than 650 heated square feet of floor area, and can be no more than 67% of the size of the primary residence (for example, 67% of 1,000 SF, the minimum primary SF, is 670 SF).
(C) Setbacks. The ADU shall meet all setbacks as required by the current zoning. The ADU cannot be located in front of the primary residence on a typical subdivision lot.
(D) Separation. The ADU shall meet State Fire Code regulations for separation of structures.
(E) Height. The ADU shall not exceed the height of the primary structure.
(F) Existing development on lot. A single-family dwelling exists on the lot or will be constructed in conjunction with the accessory unit.
(G) Number of accessory units per parcel. Only one accessory dwelling unit shall be allowed for each parcel.
(H) Deed restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Circuit Clerk a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
(1) The accessory unit shall not be sold separately, unless the property is properly split and conforms to zoning.
(2) The unit is restricted to the approved size.
(3) The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principal residence.
(a) The homeowner may designate a person to act as the property owner, record this person with the city, and allow this person to live on and manage the property in the homeowner's absence. Exceptions will be granted for "unforeseen circumstances" such as an active military deployment or illness that prevents the property owner from living on the property. If such an event were to occur, the planning director must give approval for a rental to remain active.
(4) Density. In the single-dwelling zones, ADUs are not included in the minimum or maximum density calculations for a site.
(I) Architectural features of ADUs shall conform with the single family character of the neighborhood, and be constructed with similar material, as the primary residence.
(J) If you have signed a private covenant prohibiting ADUs, you cannot build one. A homeowners' association may have rules against the construction and/or rental of ADUs. You must follow their rules, whether or not your property meets all the other ADU requirements. Be sure to check with your homeowners association before proceeding with plans.
(Ord. 2019-03-836, passed 3-5-19)
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