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Open-air sales lot, established for temporary periods for the sale of seasonal commodities such as Christmas trees, lawn and garden supplies, etc. Temporary outdoor sales are permitted through issuance of a temporary use permit (TUP) for a specific period of time, or in some cases, through issuance of a special use permit (SUP) authorizing extended outdoor display. (Ord. No. 0-2010-20, 3/10/10)
a. All tents must comply with fire department regulations.
b. Within all office, commercial, and industrial districts; not to exceed a cumulative total of 30 days per lot per calendar year.
c. Seasonal tents used for nurseries, tree lots, or similar type uses, may be approved up to 90 days (maximum of two permits per calendar year per lot) at the discretion of the planning director.
d. Any other attention gathering devices within all zoning districts; location and duration will be at the discretion of the planning director.
Sec. 10-454. Outdoor Transient Vendors (including Mobile Food Vendors)
An outdoor transient vendor is a person, or the agent, consignee or employee of a person, who at a fixed location within the city engages in the temporary display, exhibition or delivery for the sale or offering for sale of any goods or services, including animals, with the intent of discontinuing such use upon the expiration of a time period not to exceed a maximum of 60 days, provided this time period shall not apply to Mobile Food Units. Outdoor transient vendor sales are not allowed in residential districts. The outdoor transient vendor regulations do not apply to vendors that are acting with the permission of a business at a fixed location, if such vendor sales occur at that fixed location and if such vendor sales are associated with that business’s primary type of good or services sold. Any person receiving an outdoor transient vendor permit related to the sale or offering for sale of animals shall comply with the vaccination requirements set forth in Tyler City Code Section 14-30 or successor, as applicable, and must be able to show proof of such vaccinations upon request . An outdoor transient vendor must obtain an outdoor transient vendor permit by making application to the Planning Department prior to engaging in such activity. The outdoor transient vendor regulations in this section do not apply to fruit/vegetable stands, fruit/vegetable sales (roadside), the giving away of animals at any location, or the sale of animals at private residences. (Ord. No. 0-2010-19; 3/10/10) (Ord. No. 0-2014-113; 12/10/14)
a. Transient Vendor Application
Outdoor transient vendor permits are subject to approval of the Planning Director. A copy of said permit must be displayed prominently at the location.
b. General Requirements
a. Outdoor transient vendor sales may only be allowed in C-2, DBAC, PCD, PMXD-1, PMXD-2, INT, M-1 and M-2 zoning districts. Mobile Food Units may obtain a transient mobile food vendor permit for a C-1 zoning district only if the property has received a special use permit to operate a Food Truck Park
b. Each lot is allowed only one outdoor transient vendor at a time. This does not apply to Mobile Food Units at Food Truck Parks.
c. A maximum of two permits for no more than 30 consecutive days each per calendar year per lot/contiguous tract is allowed. Mobile Food Units shall be issued a Mobile Food Vendor Permit for a maximum period of one year from date of approval. (Ord. No. 0-2012-83; 10/10/12) (Ord. No. 0-2014-113; 12/10/14) (Ord. No. 0-2024-68; 7/24/24)
4. Outdoor transient vendors can occupy parking spaces, but only if the minimum number of parking spaces required under this Chapter for the existing business remains available for patrons to park their vehicles.
5. Outdoor transient vendors are not permitted on lots without a principle structure or use that has approved off-street parking and commercial driveways.
6. Transient Mobile Food Units must comply with Section 10-76 of this Chapter. (Ord. No. 0-2014-113; 12/10/14)
c. Penalties
Violation of any provision of this division, or violation of any term, condition, requirement, or duration of an outdoor transient vendor permit issued under this division, is unlawful and shall subject the violator to the penalties set forth in this chapter.
d. Suspension/Revocation
In addition to the penalties listed in subsection C above, an outdoor transient vendor permit may be revoked or suspended by the planning director with appeal to the Board of Adjustment within 10 days of the revocation or suspension.
e. Enforcement
Planning Department personnel, Police Department personnel and Code Enforcement Department personnel have full and complete authority to enforce the provisions of this section to outdoor transient vendors, and have authority to issue citations for violations thereof. The Local Rabies Control Authority or designee, and Animal Control Officers, have full and complete authority to enforce the provisions of this section related to the sale or offering for sale of animals, and have authority to issue citations for violations of such provisions. (0-2003-38, 7/23/03) (0-2003-61, 11/26/03) (Ord. No. 0-2010-19; 3/10/10) (Ord. No. 0-2016-76; 8/24/16)
A garage sale is a sale of personal property conducted within a residential district.
a. Only those garage sales in compliance with the regulations of this section are permitted in a residentially zoned district. Any other attempted sale is prohibited in residential districts.
b. Sales that require a sales tax permit are not authorized by this section. The sale of merchandise acquired solely for resale purposes is prohibited.
c. No more than one garage sale may be conducted from any residence during any consecutive six-month period for a maximum of two per year.
d. No garage sale may be held for a period exceeding three consecutive days unless a longer duration is approved by the planning director through issuance of a temporary use permit (TUP).
e. All signs or notices posted in regard to any garage sale shall be posted only on the premises at which said sale is held, and shall be so located as not to constitute an impairment to or obstruction of traffic. No sign permit is required. (ORD. 0-97-62, 12/10/97) (Ord. 0-2003-38, 7/23/03) (Ord. No. 0-2010-20; 3/10/10)
A portable storage unit may be used as a temporary structure within the city when in compliance with the standards of this section. The use of a portable storage container for a period of ninety-six hours or more in a district zoned residential, office, limited commercial, educational or light commercial, must comply with the regulations set forth in this section. Any use of such structures within the city not in compliance with this section will be unlawful.
a. Duration
1. A portable storage unit may be located as a temporary structure on property within the city for up to 30 days from time of delivery to time of removal. Such units may not be located on a specific property more than a 60-day period per calendar year.
2. A property owner may request and the planning director may grant up to two consecutive 24-hour extensions to the allowed duration of the storage unit on a property. Permission may be granted for thirty (30) days for portable storage containers on a single lot. At the expiration of the thirty-day period, applicants may seek to extend their use for one additional thirty-day period by applying to the Planning Director. The Planning Director shall have authority to approve one (1) additional thirty-day duration of the storage unit on a property if the Planning Director, in the Director’s sole discretion, makes a finding that:
(a) The additional 30-day period is necessary because special circumstances, such as the size, shape, or location of the property, make completion of the use within the initial 60-day period impractical; or
(b) The additional 30-day period is necessary for the removal of debris caused by a natural or man-made disaster.
(1) In the event of fire or natural disaster causing substantial damage to the unit, the property owner may apply to the city for permission to extend the time that a portable storage unit may be located as a temporary structure on the property. Application for such extended duration must be made in writing and filed with the city clerk's office and must give sufficient information to determine whether such extended duration should be granted. The planning director will determine whether or not to grant such extended duration and the length of such extension. The applicant may appeal such decision to the planning and zoning commission. In the event of such appeal, the decision of the planning and zoning commission will be final.
3. Any person utilizing a portable storage unit is responsible for having the unit removed at the end of the time for which it may lawfully remain in place or within 48 hours by the company providing the portable storage unit upon the direction of a law enforcement officer for safety reasons. In the event the portable storage unit is not removed within the timeframe allowed, the company providing the portable storage unit will be contacted to facilitate removal within 48 hours, of the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the city clerk for removing the container when it is not lawfully placed.
b. Number of Units
No more than three such storage units may be located on a specific piece of property within the city at one time.
c. Location and Size
Such unit must be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. Such unit may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.
d. Maintenance
Such unit must be properly maintained, kept in a condition free from rust, peeling paint, broken portions and deterioration, and must not be allowed to fall into a state of disrepair.
e. Emergency Right-of-Way Placement
Right-of-Way placement (on local streets), for portable storage units is allowed for 72 hours without authorization due to restricted access to the property. If the use of such unit in the public right-of-way is to exceed the 72 hour period, the owner or person in control of the unit must either seek a right-of-way use license pursuant to Section 17-1, or seek a variance from the Zoning Board of Adjustment pursuant to Section 10-251. In the event the portable storage unit is not removed within the timeframe allowed, the company providing the portable storage unit will be contacted to facilitate removal within 48 hours, of the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary unit was located and may be filed as a lien against such property by the City for removing the container when it is not lawfully placed.
f. Anchoring in Hazardous Conditions
It will be the obligation of the owner or user of such storage unit to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary unit. In the event of high winds or other weather conditions in which such unit may become a physical danger to persons or property, the appropriate law enforcement officers may require removal within 48 hours of such temporary unit by the portable storage company providing the portable storage unit. The individual utilizing a portable unit will be responsible for any fines, fees or additional costs and may be assessed against the property on which the temporary unit was located and may be filed as a lien against such property by the City.
g. Prohibited Uses
Such units must not be used as a habitable structure, a detached, permanent storage building or structure, tool house, greenhouse, home workshop, children’s playhouse, storage house, garden shelter, or similar purpose. Such units must not be utilized to store materials classified as hazardous by federal, state, or City laws.
Sec. 10-458 Outdoor Vending Machines.
These guidelines are intended to minimize the visual impacts within commercial areas and maintain the aesthetic within neighborhood commercial areas.
a. Outdoor vending machines shall be placed under roof overhangs or awnings to minimize their visibility from the street as well as provide protection from inclement weather to customers utilizing such devices.
b. A maximum of two outdoor vending machines are allowed per businesses with exterior property frontages of up to 100 feet. No more than three outdoor vending machines are allowed per location.
c. Outdoor vending machines located within the "C-1", Light Commercial Districts are allowed as an accessory use only.
d. No outdoor vending machine shall be placed in a location so as to impede pedestrian access, block parking areas or create an unsafe condition. Vending machines shall not be installed in the public right-of-way or immediately adjacent so as to require customers to stand in the public right-of-way in order to use the machine.
e. No vending machine shall exceed eight feet in height, three feet in depth, or six feet in width.
f. Outdoor vending machines may be externally illuminated to provide security at night. Illumination shall comply with Article VI. Development Standards, Division J. Outdoor Lighting.
g. All outdoor vending machines selling entertainment media must comply with all applicable sexually oriented businesses and zoning regulations. Outdoor vending machines shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing light.
(Ord. No. 0-2011-8;1/26/11)
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