This article may be cited as the flea market ordinance of the city.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
In the interpretation and application, the provisions of this article shall be deemed to be minimal in nature, and whenever the principles, standards or requirements of any other applicable provision of other ordinances of the city are higher or more restrictive, the latter shall control. The purpose of this article is to achieve orderly development of flea markets within the corporate limits of the city, and to protect and promote the health, safety and general welfare.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
The following terms, whenever referred to or used in this article, shall have the following respective meanings, unless a clearly different meaning shall be apparent from the text:
A calendar day, unless otherwise specified.
The minimum electrical standards adopted by the city as published by the National Electrical Code, as amended.
The fire marshal of the city or his duly authorized representative.
The person, firm, partnership, corporation or legal entity having legal control over the property where the flea market operates.
A business establishment generally characterized by the sale, trade or exchange of merchandise in the open air or indoors and which for a fee or compensation of any kind permits others to sell, display, or exchange new or used merchandise, including but not limited to appliances, wearing apparel, electronic equipment, automotive parts, tools, garden tools, etc. It does not include the incidental sale of items on consignment in a business establishment having retail sales as its primary purpose.
The city inspector or his duly authorized representative.
The minimum building standards adopted by the city as published by the International Code Council, as amended.
The minimum plumbing standards adopted by the city as published by the International Code Council, as amended.
An individual, firm, corporation, partnership or legal entity.
A person who rents or leases a space at the flea market or otherwise offers items or services at a flea market.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
Any vendor or flea market owner who violates any provision of this article shall be subject to suspension or revocation of the business permit. The city shall have the right to file charges for violation of this article in municipal court. Any person, firm or corporation found in violation of the provisions of this article shall be guilty of a misdemeanor and fined in accordance with the general penalty provided in section 4.04.009 of this code. Each and every day any offense occurs will constitute a separate violation or offense.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
The following minimum standards are hereby established for the operation of a flea market:
(1)
Business permit required; fee; duration.
A flea market owner must apply for a Conditional Use Permit through the Planning and Development Department, once approved a business permit must be secured from the city. The fee for said permit shall be as set forth in the fee schedule of this code. Said permits expire one year after permit has been issued.
(2)
Application for permit; plot plan.
The flea market owner shall make a written application which shall include the name, address, telephone number and other pertinent information as required by the city. In the case of a firm or corporation, the application shall include the names and addresses of the partners or officers of the corporation. The application shall be submitted to the Permitting Department for review. The application for renewal shall be submitted at least thirty (30) days prior to the expiration date. The initial application shall be accompanied by a plot plan of the flea market which will identify existing improvements, pedestrian walkways, fire accessways, utility layout, and parking area. The parking area must show the number of parking spaces. The plot plan shall be done by an engineer or registered surveyor. A plot plan is not required on a permit renewal unless substantial improvements have been made at the site during the previous year.
(3)
Statement of compliance.
The application shall include the following wording: "The permit hereby applied for is subject to all provisions and regulations of the International Building Code, National Electrical Code, International Fire Code, and Flea Market Ordinance. The applicant hereby agrees to abide and be governed by said regulations."
(4)
Application to be signed and notarized.
The application shall be signed and acknowledged before a notary public.
(5)
Posting of permit.
The permit must be conspicuously posted at the flea market and available for inspection during normal working hours.
(6)
Scope of permit.
The permit under this article does not entitle the flea market owner to engage in the sale or trade of merchandise but shall authorize the owner to rent or lease space to vendors.
(7)
List of vendors.
The flea market owner shall keep a listing of all vendors which includes name, address, telephone number and type of business. This listing shall be available for review by the City Inspector during regular working hours. The owner shall not allow any vendor to engage in business transactions without having his name recorded with the flea market owner.
(8)
Maintenance of premises.
The owner shall maintain the premises free of debris, trash, mud puddles, and other unsightly conditions.
(9)
Buffer zone.
The owner shall provide a buffer zone around the perimeter of the flea market area if the flea market is outdoors. The buffer shall be of solid type construction or appropriate landscaping of no less than six feet in height.
(10)
Notification to vendors.
The owner, at his expense, shall provide a copy of this article to all vendors.
(11)
Verification of vendor's permits.
Prior to renting or leasing a stall or space, the owner shall verify that the vendor has secured a Business License permit from the city, as required by section 4.01.001 of this article. The fee for the vendor shall be 1/2 the cost of the business license.
(12)
Water and sewer system.
The flea market shall be connected to the city's sanitary sewer system and water supply. All construction, expansion, or alteration of the internal distribution system shall be done in accordance with standard engineering practices and the International Plumbing Code.
(13)
Suspension or revocation of permit.
An owner who violates the terms and conditions of this article may have his permit temporarily suspended or revoked, depending on the severity of the violations.
(14)
Notice of violation.
Should a violation exist or be discovered, the owner shall be given a written notice in person or by certified mail listing the violations and the time allowed to rectify said violations.
(15)
Failure to correct violation.
Upon the owner's failure to correct the violations, a violation of any of the provisions hereof shall constitute a misdemeanor and, upon conviction, thereof, in the municipal court, the person shall be subject to fine in an amount as provided in section 4.04.009 of this code.
(16)
Immediate corrective action.
Subsection (15) of this section shall not prevent the City Inspector from taking the necessary corrective actions if a condition exists which poses an immediate and imminent threat to the health, safety and welfare of the public.
(17)
Applicability to existing flea markets.
All existing flea markets shall be in compliance with the minimum standards of this article and all applicable city ordinances, rules or regulations within six (6) months from the adoption of this article. Any flea market which is not in compliance within the specified time period shall be deemed a nonconforming use. Exhibit 14A, section 13 (nonconforming uses) shall apply to any flea market which has been designated as a nonconforming use by the Board of Adjustment.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
Food vendors shall secure a Business License permit from the city in accordance with this article.
(b)
The fee shall be in the amount established by the city per year for each food vendor establishment. Said permits will expire one year after the permit has been issued.
(c)
At the time of filing for a health permit, the applicant shall provide evidence of having secured a sales tax permit or exemption and a food handlers/managers certification.
(d)
The application shall contain the name of the vendor, address, stall number, type of business and other pertinent information as required by the city.
(e)
The application shall be signed by the vendor.
(f)
The application shall contain the same wording as stated in section 4.13.005(3).
(g)
The vendor is subject to suspension or revocation of the vendor's permit upon violation of the terms and conditions of this article or the city code, in accordance with section 4.13.005.
(h)
All health vendors shall post their permit in a conspicuous place at the place of business which shall be available for inspection upon request by the City Inspector.
(i)
Establishments that sell food items and alcoholic beverages will be required to obtain additional permits to remain in compliance.
(j)
No vendor shall sell or trade any merchandise from which the manufacturer's seal, serial number or brand has been removed, obliterated or altered. Violation of this section shall be grounds for suspension or revocation of the vendor's permit.
(k)
It shall be unlawful for any vendor to knowingly or recklessly buy or sell stolen merchandise.
(l)
Goods and merchandise must not remain in the open or public view during non-business hours. If the goods and merchandise are in the open during business hours, said goods and merchandise shall be removed by the vendor or placed in an enclosed structure.
(m)
The following shall be grounds for permit suspension or revocation, depending on the severity of the violation. It shall be considered a partial list and not inclusive of all possible violations under the terms and conditions of this article or any other applicable ordinance.
(1)
Failure to upgrade a building structure to meet the minimum standards of the International Building Code and the Substandard Building regulations (article 3.13 of the Code of Ordinances).
(2)
Failure to have an electrical system which meets minimum electrical code standards; failure to maintain a plumbing system which meets plumbing code standards.
(3)
In food establishments, violating the minimum health standards of the food establishment rules (section 4.03.005 of the Code of Ordinances)
(4)
A condition that creates a public nuisance or threatens public health and safety.
(n)
All existing vendor stalls shall be in compliance with the minimum standards of this article and all applicable ordinances, rules and regulations within three months from the effective date of this article. Any vendor stall which is not in compliance within the specified time period shall be deemed a nonconforming use and in violation of this article. Exhibit 14A, section 13 (nonconforming uses) shall apply to any vendor stall which has been designated as a nonconforming use by the Board of Adjustment.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
The use of pre-fabricated portable buildings shall be allowed provided that the structure meets International Building Code requirements for its intended use. The structure shall be properly anchored.
(b)
All structures shall be constructed to meet all applicable code requirements. The structure should be constructed on a concrete floor or on concrete piers. If the building is built on piers, the structure shall be properly anchored.
(c)
On new construction, all side walls shall have a firewall with a minimum rating of one hour. Remodeling or additions shall comply with this requirement.
(d)
All buildings must be properly maintained to meet International Building Code standards.
(e)
The use of tables and shelves is permissible, provided that they are maintained in proper order and painted. Tables or shelves which are rotten, broken, unpainted, unsuitable or in an unsafe condition are hereby prohibited from being used. The City Inspector shall place a notice on each table found to be in violation of this provision. Said notice shall mean that the table must not be used until it is repaired or replaced.
(g)
Structures shall not be used for residential purposes or human habitation.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
All food establishments must comply with all the provisions of the food establishment ordinance (section 4.03.005 of the Code of Ordinances). Upon complying with said requirements, the city shall issue a health permit.
(b)
Those business establishments which sell only prepackaged food items (such as sodas, etc.) shall also comply with all the provisions of the food establishment ordinance (section 4.03.005 of the Code of Ordinance). Upon complying with said requirements, the city shall issue a health permit.
(c)
Alcoholic beverages may be sold at the flea market, provided that the alcoholic beverage is consumed on the premises of the licensee. Alcoholic beverages shall not be sold for off- premises consumption. A Conditional Use Permit for each alcohol vendor for the sale of alcohol is required.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
All electrical and plumbing work shall be done by a licensed and bonded contractor in accordance with the electrical code and plumbing code.
(b)
The contractor must secure the proper permits from the city.
(c)
It shall be unlawful for any person to provide electricity to others via an extension cord.
(d)
The flea market owner shall provide adequate electrical power and outlets to all vendors.
(e)
The electrical system must be maintained in safe working order by the flea market owner or vendor as applicable.
(f)
Unsafe or hazardous wiring and unsanitary conditions may be grounds for permit suspension or revocation.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
At a minimum, the flea market owner shall provide one off-street parking space per vendor plus one parking space for each four hundred (400) square feet of the flea market area. In any event, the parking area shall be adequate to accommodate the normal traffic demand generated by the business activity. The flea market area shall mean the gross area identified in the permit application and designated as the place in which the sale, trade, or exchange of merchandise takes place.
(b)
The parking lot shall be paved in accordance with standard engineering practices. The parking lot shall be properly drained. The parking area shall have the necessary entrances and traffic directions as to provide for a safe and orderly flow of traffic.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
Trash, rubbish, rotted fruits and discarded items shall be properly disposed of by all vendors. The owner shall supply an adequate number of containers and dumpster boxes. Trash shall not be allowed to overflow on any container or remain around containers.
(b)
The aisles shall remain clean and free of all debris. The aisles shall not be obstructed by tables.
(c)
The flea market owner shall provide bathrooms in accordance with the International Plumbing Code. The bathrooms should be centrally located to provide easy access to the public.
(d)
The owner shall always keep the bathrooms in a clean and sanitary condition.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
(a)
Allowable locations.
The proposed development must be in a Class "C-2" Commercial Retail Business zone.
(b)
Site plan required.
The owner shall submit a proposed site plan. The site plan shall include, at a minimum, the following requirements:
(1)
Address/legal description, and area location map.
(2)
Scale, north arrow, and date.
(3)
Adjacent property owners.
(4)
Refuse collection.
(5)
Parking lot area, including the number of parking spaces, driveways, and vehicular circulation.
(6)
Proposed entrances and exits.
(7)
Elevations of the parking area, and manner the area will drain. Proposed drainage improvements, if any.
(8)
A general schematic design of any construction.
(9)
Proposed design of the electrical system.
(10)
Proposed design of the sanitary sewer system.
(11)
Proposed design of the water system.
(12)
A buffer zone shall be established around the perimeter of an outdoor flea market. A buffer is herein defined as a visual screen of solid type construction or appropriate landscaping. The buffer shall not be less than six (6) feet in height.
(13)
The site plan shall be done by registered engineer, architect or surveyor.
(c)
Review of site plan.
The site plan shall be reviewed by the Planning and Zoning Commission, which shall provide a recommendation to the City Commission.
(d)
Approval or denial.
The City Commission shall have the final authority to approve or deny the site plan.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)
It is the declared intent of this section that nonconforming uses shall be eventually eliminated and be required to comply with the regulations of this Zoning Ordinance, having due regard for the property rights of the people affected, the public welfare and the character of the surrounding area. Refer to Exhibit 14A, section 13, nonconforming uses in the Code of Ordinances.
(Ordinance 2252-Z-11-2024 adopted 12/5/2024)