The intent of this section is to establish regulations and restrictions
to govern the temporary outdoor sale of merchandise and commodities
within appropriate zoning districts. These regulations and restrictions
are intended to ensure that such sales:
A.
Do not interfere with the orderly and safe movement of pedestrian
and vehicular traffic.
B.
Do not interfere with the proper maintenance of parking and yard
areas.
C.
Do not cause congestion in the streets or public rights-of-way.
D.
Are conducted within structures safe for public occupancy when structures
are used.
[Amended 12-14-2016 by Ord. No. O-2016-16]
Temporary outdoor sales are permitted only in the B-2 - General
Business District, B-3 - Intensive Business District, LI - Light Industrial
District, HI - Heavy Industrial District, A-1 - Exclusive Agriculture
District and A-2 - Agriculture Transition District.
Temporary outdoor sales may be conducted for the purpose of
selling any merchandise or commodities which could normally be sold
pursuant to one or more of the listed permitted uses within the zoning
district in which the temporary outdoor sale is to take place. Temporary
outdoor sales of merchandise or commodities which may only be sold
pursuant to a use listed as a conditional use are not permitted.
Temporary outdoor sales may be permitted for a cumulative total
of 16 weeks per zoning lot during each calendar year. Time required
for set-up, assembly, stocking, and disassembly shall be exclusive
of this time period.
A.
All structures, storage, and employee and customer parking associated
with the conduct of a temporary outdoor sales operation must be located
no closer to any property line than the setbacks listed in Ch. Comm
54 or 62, Wis. Adm. Code, or the applicable zoning district, whichever
is greater. Furthermore, all structures, employee and customer parking,
and storage shall be arranged so as not to:
B.
In the event the Village Zoning Administrator or his/her designee
finds that the layout of the temporary outdoor sale is in violation
of one or more of the above, or that the operation poses any other
threat to public health or safety, he/she shall order such changes
as may be needed to cause the hazard to be eliminated. If the changes
ordered are not made by the permittee within the time ordered, the
Zoning Administrator or his/her designee may revoke the permit. In
no case shall the time granted by the Zoning Administrator or his/her
designee to correct violations exceed three days.
Adequate on-site parking must be provided on the zoning lot
on which the temporary outdoor sale is located.
A.
The following restrictions shall apply when structures are used in
conjunction with a temporary outdoor sale:
(1)
Temporary outdoor sales may be conducted within tents, covered
stands, or other temporary structures approved by the Village Zoning
Administrator.
(2)
Semitrailers may be used for the storage of merchandise or commodities
being sold as part of a temporary outdoor sale with the approval of
the Village Zoning Administrator, and for a period not to exceed seven
days per calendar year.
(3)
All structures shall comply with Ch. Comm 54 or 62, Wis. Adm.
Code, as applicable.
(4)
The size and height of structures used as roadside stands in
the A-1 - Exclusive Agriculture District and A-2 - Agriculture Transition
District are restricted in Part 500-1700 Physical Development Standards.
[Amended 12-14-2016 by Ord. No. O-2016-16]
A.
A temporary outdoor sale may erect no more than two temporary on
premises signs as follows:
(1)
One ground sign, not to exceed a total of 32 square feet, is
permitted. Trailer-mounted signs, to include those signs designed
to be used as trailer signs which have been removed from the trailer,
are not permitted.
(2)
One banner is permitted. The banner must be placed on the front
face of the principal structure located on the zoning lot, or as an
alternative, on a temporary structure in cases where such structures
are being used as part of a temporary outdoor sale. The banner shall
not exceed 5% of the surface area of the front face of the structure
upon which it is placed.
No person, business or corporation shall engage in temporary
outdoor sales without first being granted a permit from the Village
of Bellevue. In addition to the regulations and restrictions contained
in this chapter, the Zoning Administrator or his/her designee may
place such other reasonable restrictions or conditions on the permit
as may be necessary to protect public health and safety pursuant to
the intent and purpose of this chapter.
