The City recognizes that in certain instances, some flexibility to allow activities or uses on a limited duration out of the confines of a building can be beneficial to business interests, as well as the consumers and the City alike, provided such events continue to promote the public health, safety and general welfare. These regulations are intended to prescribe the conditions under which limited duration temporary sales may be permitted on private property, public property, parks, sidewalks and streets.
1. Definitions. For the purpose of this section, the following terms have or include the following meanings:
A. “Temporary use” means any sales in any nonresidential district, including (but not limited to) the sales of fresh fruits/vegetables, baked goods, and hand crafted items, provided such use is authorized in such Zoning District.
B. “Temporary structures” means any constructed or erected structure, including (but not limited to) a shed, building, vehicle, trailer, tent, or enclosure of any kind used for commercial or business purposes and which any person or business intends to place on the same lot with or on any lot adjacent to, any permanent structure used for business or commercial purposes.
C. “Garden center” means a place of business where retail and wholesale products and produce are sold. The items sold may include, but are not limited to, plants, nursery products, potting soil, and gardening tools and utensils.
D. “Produce stands” means a temporary structure used for the display and sale of raw fruits and vegetables.
E. “Food/beverage stand” means a temporary structure used for the display and sale of prepared food and beverages.
2. Uses Exempt from Temporary Use Permits.
A. Farmer’s markets sponsored by the City of Waukee or the Downtown Business Association.
B. Produce stands that meet the following conditions:
(1) The temporary structure and sales area shall not exceed more than two parking spaces or 360 square feet.
(2) The site area shall be cleaned of debris, temporary structures, and any other objects associated with the temporary use at the end of each business day.
(3) No sign permit is required for temporary signage, provided the sign shall not be placed within the public right-of-way and the sign shall not exceed 12 square feet in total size.
(4) The vendor shall acquire permission from the property owner prior to any temporary use on the property.
(5) Produce stands shall conform to the requirements set forth in Subsection 3 of this section.
3. General Regulations. The following regulations shall apply to all temporary uses:
A. Permitted Zones. A temporary sales use is authorized for consistent uses permitted in each respective nonresidential zoning district subject to the requirements of this chapter and all other federal, State and local ordinances and regulations.
B. No temporary use shall exceed a period of more than six months of a 12-month period, unless otherwise specified by the Administrative Official.
C. All temporary structures shall conform to the zoning setback requirements.
D. The proposed temporary use shall not affect the driveway access or traffic circulation on the property.
E. The applicant shall provide, as determined by the Administrative Official, adequate facilities for disposal of trash and waste, e.g. grease, associated with the temporary use.
F. Permanent sanitary facilities located within an adjacent building shall be made available to all employees of the activity during its operational hours, as approved by the Administrative Official, in concurrence with the County Health Department, unless stipulated otherwise in this chapter.
G. Demonstrate compliance with federal, State and local law.
2. Temporary Use Regulations. A permit may be issued for the following temporary uses when the following criteria are met:
A. Produce stands that do not meet the qualifications set forth in Subsection 2 of this section.
B. Garden Centers.
(1) Maximum Square Footage. Site-by-site basis.
(2) Restrictions on Merchandise and Products. This use is limited to the display of green goods, i.e., plants, and associated garden products determined to be consistent with the intent of a garden center (may be extended to the sale of Christmas trees), with the approval of the Administrative Official.
(3) Safety Standards. In order to promote the safety of the patrons of these facilities, patrons of nearby permanent facilities, motorists and pedestrians the following shall be required.
a. All sales areas shall be separated from vehicular uses by the placement of a fence or barrier acceptable to the Administrative Official to prevent pedestrian and vehicular conflicts.
b. Temporary drive aisles shall be maintained at a minimum of 12 feet in width for one-way traffic and 24 feet in width for two-way traffic. Barriers, fencing, or some other physical markers shall clearly inform drivers at the end of the parking area and the start of the drive aisle. A clear line of sight shall be maintained at the entrance and exit of the temporary drive aisles.
c. Vehicle loading areas shall be located in an area that minimizes pedestrian and vehicle conflict and provides for the safe loading of merchandise and vehicles access to and from the traffic lanes to the loading area, preferably without backing movements.
C. Food/Beverage Stands.
(1) Maximum Square Footage. 360 square feet.
(2) Health Standards and Licensing. The applicant must obtain licensing, liquor permits, certificates of inspection, or other documentation necessary to comply with all applicable requirements of the State, County, or municipality regarding health standards.
a. Water Service. The structure used for dispensing of food and beverage shall provide self-contained hot and cold running water with appropriate holding facilities of wastewater.
b. Wastewater Disposal. Any wastewater shall be collected and disposed in a manner acceptable to the City and shall be explained in the application for a permit.
(3) Cleanup. The site area shall be cleaned of debris, temporary structures and any other objects associated with the temporary use within three days after the termination of sales.
(4) Signage. All signage associated with temporary uses shall comply with the regulations of Chapter 167 (Sign Regulations) of this Code of Ordinances.
(5) Parking Spaces. The number of additional parking spaces required and the location of such shall be determined by the Administrative Official. The maximum number of permanent parking spaces allowed to be used for operation of an extended use shall not exceed 20 percent of the parking on a site plan that was approved by the City to be counted toward the allowable size of the activity or 20 percent of the site area, whichever is more restrictive.
(6) Documentation. Proof of ownership or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place, shall be presented at the time the temporary use permit is requested.
(7) Plan. A plan of the layout of the proposed temporary use shall be submitted to the Development Services Department with the application, to be reviewed and approved by the Administrative Official. The layout shall identify the following:
a. The area on the site proposed to be utilized as part of the temporary use and associated sales area.
b. Proposed modifications to the traffic patterns and methods proposed to notify patrons and identify the temporary traffic pattern changes, e.g., signage, traffic cones, fencing and barriers, etc.
c. Proposed vehicle loading zone.
d. Location of electrical connection and water connection, if applicable.
5. Other Temporary Uses. For any other temporary use for the sale of goods and services, which use has not been addressed previously in this chapter, a permit may be issued when the following criteria are met:
A. All other temporary uses shall conform to the requirements set forth in Subsections 4(C)(3) through (7).
B. Temporary uses related to the sale of combustible materials shall not be located closer than 100 feet from the nearest permanent structure.
C. All applicants shall be responsible for submitting a site plan following the requirements set forth in Chapter 160 of this Code of Ordinances. Such site plan shall require approval by the City Council.
D. Maximum Space: 360 square feet.
E. Comply with all other requirements of federal, State and local law.
6. Violations and Penalties. The operation of a temporary use is a privilege allowed by this section. A temporary use permit may be revoked and terminated at any time by order of the Administrative Official, Fire Chief, Police Chief, or Building Official if the temporary use is deemed to be a life safety hazard toward pedestrians, vehicles, or property, or if the temporary use fails to comply with the terms of the permit or other City Ordinances.