A consumer fireworks retail facility permit for permanent structures shall comply with the following:
A. Requirements:
1. Consumer fireworks retail facility permit fee (non- refundable). Additional permit application fees will be required if a tenant improvement permit is required due to interior modifications and/or a minor modification permit is required for exterior site modifications.
2. Copy of the consumer fireworks annual retail seller license from the State of Iowa.
3. Aerial photo which includes the entire parcel upon which fireworks related activities are to occur. This illustration shall be no larger than 11" x 17". Names of all other business operations occurring within the site should be indicated. (Aerial photos may be obtained from the respective County Assessor's website, Google Earth, Bing, etc.)
4. Detailed site plan with required information as listed later in this chapter.
5. Detailed interior layout plan with required information as listed later in this chapter.
6. Written approval of the owner of the building and property, if under different ownership in which sales or storage is occurring.
7. Copy of Sales Tax Certificate.
8. Certificate of Insurance documenting coverage in accordance with State minimums and naming the City of West Des Moines as an additional insured.
B. Regulations:
1. Fireworks facilities may only be located within an allowable zoning district as provided in title 9 of this Code.
2. Consumer fireworks may not be sold out of buildings that have multiple tenants or uses within a building; are greater than one-story in height; or, have a basement.
3. Permanent structures must meet the current City of West Des Moines Fire Code with local amendments, this Code, and Building Code. This includes NFPA 13 - 2010 edition.
4. All storage of fireworks for restocking of sales area shall be in a container or building that is approved for fireworks storage.
5. Vendors are responsible for compliance with all applicable ADA requirements. City approval of permit should not be viewed as confirmation of compliance with requirements.
6. Posters stating "Fireworks are illegal to discharge in the City of West Des Moines" shall be displayed in a highly visible location at all check-out locations and within fifteen feet (15') of every entrance as approved by the City inspector.
7. Smoking shall not be allowed within thirty feet (30') of any building used for sales or storage of fireworks. Approved "No Smoking" signs shall be placed every twenty five feet (25') inside and outside of the building.
8. All customer parking areas are located on pavement - asphalt or concrete. Grass or gravel parking is not allowed.
9. Ten (10) parking stalls shall be provided for every one thousand (1,000) square feet of retail sales area. Number of ADA stalls shall be provided in accordance with State Code.
10. Access drives shall be paved or gravel surfaced able to hold seventy five thousand (75,000) pounds GVW.
11. Aisle width in the sales facility shall be a minimum of forty eight inches (48") in width. No dead end aisles are allowed.
12. Continuous display of merchandise and/or fireworks shall not exceed sixteen feet (16') in length. A flame break aisle at least forty eight inches (48") wide shall separate continuous displays.
13. Fireworks shall not be displayed greater than six feet (6') from the walking surface.
14. No person is to inhabit, dwell, or live on the premises that is used as a consumer fireworks retail sales facility.
15. Total allowable signage for the building shall be in accordance with the City's Sign Code for the building. This signage shall be for all businesses - permanent and temporary. No additional signage square footage will be granted for a temporary retail facility within a building that has a different business the remainder of the year. No directional signs within the site or off-premises signs directing people to the fireworks retail facility are allowed. Any off- premises signs found will be confiscated and destroyed.
16. Set-up within the building subject to this permit may occur beginning May 23rd for the summer selling season and beginning December 3rd for the winter selling season as outlined per the State of Iowa's fireworks regulations. No retail sales of fireworks may occur until June 1st for the summer selling season and December 10th for the winter selling season.
17. All fireworks components must be removed from the site by twelve o'clock (12:00) midnight on July 15th for the summer selling season and January 10th for the winter selling season.
18. Storage areas are to be located as indicated below:
a. No closer than fifty feet (50') from any fuel and propane dispensing stations, including convenience stores.
b. No closer than three hundred feet (300') from any bulk storage in which liquified gas, cryogenic material or flammable liquid is sold, used or distributed.
19. A tenant improvement permit application may be required if interior modifications are to be done. Said permit, applicable fees, and improvement plans shall be submitted to the West Des Moines Building Division.
20. A minor modification permit application may be required if exterior site modifications are to be done. Said permit, applicable fees, and improvement plans shall be submitted to the West Des Moines Planning Division. (Ord. 2226, 5-30-2017; amd. Ord. 2609, 5-20-2024)