Temporary outside sales.
The outdoor sale and/or promotion of products, merchandise or services that is conducted on the property of an existing business. This definition does not include outdoor storage and display in compliance with the zoning ordinance as it exists or may be amended.
(1) 
A permit is required for temporary outdoor sales. A business location or a property owner may receive permits to hold up to eight (8) temporary outdoor sales each calendar year. The calendar year commences on January 1st. Each permit shall be issued for no more than seven (7) consecutive days. Temporary outdoor sales are only allowed in nonresidential and mixed use zoning districts. These regulations do not apply to temporary outdoor sales as part of a permitted special event.
(2) 
A permit is not required for civic, religious, school, government or other nonprofit organizations for outdoor sales. Operations shall comply with the requirements for temporary outdoor sales as is applicable.
(3) 
Each permit for temporary outdoor sales is as set forth the city's comprehensive fee ordinance. A permit holder shall obtain all required permits and approvals necessary for operations including but not limited to electrical, health and tent permits.
(A) 
Written permission is required from the business or property owner of a business property location.
(B) 
A detailed site plan shall be provided with each application for approval.
(C) 
Temporary lighting must meet the requirements of the city's zoning ordinance, as it currently exists or may be amended. Any lights located on the premises shall not flash, travel, blink, fade, move, or scroll.
(D) 
Accessible routes to building elements including parking spaces, sidewalks and pedestrian access ramps shall meet the Americans with Disabilities Act requirements as they currently exist or may be amended. Three (3) feet minimum clearance is required for all accessible routes. Fire lanes, fire hydrants and other building access for emergency services shall not be blocked or obstructed.
(E) 
One temporary sign or banner may be displayed during the permitted time without an additional sign permit.
(4) 
The building official may revoke or suspend permitted temporary outdoor sales on the basis of incorrect information provided for permit issuance, or where it is determined that the operations effect the health or safety of the public. This includes but is not limited to noise disturbances, inadequate parking, impeding traffic in the public right-of-way or obstructing access to adjacent businesses.
(Ordinance 2023-04-21 adopted 4/18/2023; Ordinance 2024-09-44 adopted 9/17/2024)
Temporary outdoor seasonal sales.
The outdoor sale of, including but not limited to, firewood, nuts, pumpkins, gourds, wreaths, dried corn stalks, square hay bales; holiday trees, art, crafts, flowers, gifts and similar seasonal products (seasonal products). This definition does not include sale of livestock (i.e., equine, cattle, sheep, goats, lambs, pigs, etc.), fowl, rodents. reptiles. amphibians, or any other animals.
(1) 
Seasonal products may be sold during periods as approved by the building official at the time of permit application. Each permit shall be issued for no more than ninety (90) consecutive days. Temporary outdoor seasonal sales are only permitted in nonresidential, mixed-use zoning districts or other locations as approved by the building official. These regulations do not apply to temporary outdoor sales as part of a permitted special event.
(2) 
Each permit for temporary outdoor seasonal sales is as set forth the city's comprehensive fee ordinance. A permit holder shall obtain all required permits and approvals necessary for operations including but not limited to electrical, health and tent permits.
(A) 
Written permission is required from the business or property owner of a property location.
(B) 
A detailed site plan shall be provided with each application for approval.
(C) 
Temporary lighting must meet the requirements of the city's comprehensive zoning ordinance, as it currently exists or may be amended. Any lights located on the premises shall not flash, travel, blink, fade, move, or scroll.
(D) 
Accessible routes to building elements including parking spaces, sidewalks and pedestrian access ramps shall meet the Americans with Disabilities Act requirements as they currently exist or may be amended. Three (3) feet minimum clearance is required for all accessible routes. Fire lanes, fire hydrants and other building access for emergency services shall not be blocked or obstructed.
(E) 
One temporary sign or banner may be displayed during the permitted time without an additional sign permit.
(F) 
Off-street parking must be provided on site and be constructed of concrete or of an approved all-weather surface.
(G) 
Public sanitary toilets and public handwashing facilities shall be required within two hundred fifty (250) feet of a temporary outdoor seasonal sale. Such facilities shall be available to the public during all periods of outside sales operations.
(3) 
The building official may revoke or suspend permitted temporary outdoor seasonal sales on the basis of incorrect information provided for permit issuance, or where it is determined that the operations effect the health or safety of the public. This includes but is not limited to noise disturbances, inadequate parking, impeding traffic in the public right-of-way or obstruction of access to adjacent businesses.
(Ordinance 2023-04-21 adopted 4/18/2023; Ordinance 2024-09-44 adopted 9/17/2024)
Temporary tent.
A temporary shelter or umbrella structure, constructed of fabric or pliable material supported in any manner except by air or the contents it protects. This definition does not include shelters or umbrella structures protecting less than four hundred (400) square feet or installations on lots of one- and two-family dwellings.
(1) 
A permit is required for temporary tents. Each permit shall be issued for no more than fourteen (14) consecutive calendar days. Tents erected as part of a permitted temporary outdoor seasonal sale shall be issued for the duration of that permit.
(2) 
Each permit for temporary tents on a property is as set forth the city's comprehensive fee ordinance. A permit holder shall obtain all required permits and approvals necessary for operations including but not limited to electrical, health and outdoor sales.
(A) 
Written permission is required from the business or property owner of a property location.
(B) 
A detailed site plan and tent floor plan shall be provided with each application for approval. A current flame propagation performance certificate shall be submitted with the permit application. Temporary tents and uses within tents must comply with the fire code adopted by the city, as it currently exists or may be amended.
(C) 
Temporary lighting must meet the requirements of the city's comprehensive zoning ordinance, as it currently exists or may be amended. Any lights located on the premises shall not flash, travel, blink, fade, move, or scroll.
(D) 
Accessible routes to building elements including parking spaces, sidewalks and pedestrian access ramps shall meet the Americans with Disabilities Act requirements as they currently exist or may be amended. Three (3) feet minimum clearance is required for all accessible routes. Fire lanes, fire hydrants and other building access for emergency services shall not be blocked or obstructed.
(E) 
One temporary sign or banner may be displayed during the permitted time without an additional sign permit.
(3) 
The building official may revoke or suspend permitted temporary tent on the basis of incorrect information provided for permit issuance, or where it is determined that the operations effect the health or safety of the public. This includes but is not limited to inadequate parking, impeding traffic in the public right-of-way or obstruction of access to adjacent businesses.
(Ordinance 2023-04-21 adopted 4/18/2023; Ordinance 2024-09-44 adopted 9/17/2024)
In the event any owner, tenant, agent or person (hereinafter "owner") responsible for or claiming or having supervision or control over a temporary outdoor sale, temporary outdoor seasonal sale or temporary tent fails to comply with provisions of this article, the city shall give notice of the violation to such owner. Such notice shall be given to the owner in any one of the following ways:
(1) 
Verbal or written to the owner or responsible person;
(2) 
By posting notice at the site or sale location; or
(3) 
By letter addressed to the responsible owner on said application and/or property owner at premises as recorded in the appraisal district records of the appraisal district in which the property is located.
(Ordinance 2023-04-21 adopted 4/18/2023)
Any person, owner, tenant, or agent, responsible for or claiming or having supervision or control of any temporary outdoor sales, temporary outdoor seasonal sale or temporary tent over real property who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ordinance 2023-04-21 adopted 4/18/2023)
An administrative decision issued in connection with the requirements of this article, including denial of issuance, revocation or suspension of a permit required by this article, is final unless the applicant or permit holder submits a written request for an appeal to the city manager. The appeal shall be filed in writing within ten (10) calendar days of the date of notice of the administrative decision. At least two (2) business days before the appeal hearing occurs, the city shall provide the applicant or permit holder with notice of the time and place of the hearing. The applicant or permit holder shall be permitted to attend and be heard at the hearing. The city manager or designee shall hear and rule on the appeal within thirty (30) calendar days after notice of the appeal. The city manager or designee shall have the authority to reverse a decision of the director or designee where he finds that the basis for such decision was not meritorious and that such a reversal will not adversely affect the public health, safety or welfare. The decision of the city manager or designee is final. The city manager's or designee's failure to take action on any such appeal shall constitute approval of the decision by the director or designee.
(Ordinance 2023-04-21 adopted 4/18/2023)
The building official is hereby authorized and directed to enforce the provisions of this article. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
(Ordinance 2023-04-21 adopted 4/18/2023)