For the purpose of this article, the following terms, phrases,
words and their derivation shall have the meaning given below:
Tent.
means a framework or structure covered by entirely or primarily
with fabric or other flexible material and that provides some protection
for a covered or enclosed area from the weather, and includes awnings,
cabanas, canopy, or umbrella.
(Ordinance 22-932 adopted 5/12/22)
(a) A
person commits an offense if the person erects or occupies within
the city a tent for the purpose of living or sleeping.
(b) A
person commits an offense if the person erects or occupies within
the city a tent for overnight camping.
(Ordinance 22-932 adopted 5/12/22)
It shall be an affirmative defense to prosecution of an offense under section
4.11.002 that:
(1) The
person has a permit issued by the city’s chief building official
and the person is participating in a youth camping program under adult
supervision; or
(2) The
person erects or occupies a tent smaller than 400 square feet on a
property used as a single-family residence, the tent is used for the
homeowner’s hosted function, and a tent is not used for a period
of more than 30 days per calendar year or 3 consecutive days in any
given month.
(Ordinance 22-932 adopted 5/12/22)
(a) A
permit issued by the chief building official is required for the use
of a nonresidential tent that is larger than 400 square feet.
(1) The application for such permit shall be made to the chief building
official on a form as prescribed by the building and permits department.
(2) The fee for such permit shall be established by resolution of the
city council.
(3) The applicant is required to submit a site plan showing the location
of the tent on the property upon which it will be located.
(4) The tent shall conform to the International Fire Code as published
and inspected and approved by the fire marshal prior to the tent being
erected.
(5) The area of occupancy provided by the tent, when added to the enclosed
area of other structures on the property on which the tent is located,
is required to meet the off-street parking requirements of the city
otherwise provided by this code.
(6) The permit shall be valid for a period of one (1) year and must be
displayed within the tent when it is erected.
(7) The use of a tent permitted under this section shall not be utilized
for a period of more than 15 consecutive days or for more than 60
days within a 365-day period.
(8) The proposed use of a tent permitted under this section shall not
otherwise cause the property on which the tent is located to be in
noncompliance with any other applicable requirement of this code.
(9) If the applicant is not the owner of the property on which the tent
is to be erected, the applicant shall provide an affidavit from the
property owner granting permission to be on the property and use of
restroom facilities within 300 feet of the tent.
(10) No permit shall be issued without five-working days’ prior
written notice to the city’s chief building official and fire
marshal.
(b) The
use of tents for nonresidential purposes that are smaller than 400
square feet is permissible without a permit under the following conditions:
(1) The erection and use of the tent does not exceed seven (7) consecutive
days within a 90-day period on any property within the city;
(2) The erection and use of the tent does not exceed 60 days within any
365-day period on any property within the city.
(Ordinance 22-932 adopted 5/12/22)