§ 52-34. Temporary uses.

(a)

The following uses, which are classified as temporary uses, may be permitted by the department of inspections in any district, subject to the restrictions set out in this section and in compliance with all other ordinances of the city, not to exceed a period of thirty (30) days, unless a greater time period is set out below.

(1)

Carnivals.

(2)

Circus.

(3)

Fairgrounds.

(4)

Concrete mixing or batching plant uses temporarily by contractors during the construction of public improvements or buildings, and in such cases, the period of time for which the use is granted may be for a period of time provided in the contract for completion of such public improvement or building, provided that such use shall not be permitted nearer than two hundred fifty (250) feet to a developed lot in a residential district.

(5)

Temporary portable wireless telecommunications facilities, commonly known as a "cellsite on wheels" or a "C.O.W." if needed to provide service to special or seasonal events that are likely to cause a substantial but temporary increase in wireless telecommunications traffic.

(6)

Snow cone or shaved ice stands or trailers or firewood sales for up to one hundred eighty (180) days.

(7)

Christmas tree or pumpkin sales, for up to forty-five (45) days.

(8)

Outside sales of merchandise in an unenclosed or partially enclosed area located on the same property with and accessory to a retail establishment under the following conditions:

a.

Not to exceed thirty (30) days two (2) times a year.

b.

The merchandise will be limited to items normally inventoried, displayed, and sold in the principal use retail establishment.

c.

The merchandise will not be located in a fire lane, exit discharge, or accessible route of travel as defined by the city fire and building codes.

d.

The merchandise will be located in not more than five (5) percent of the required parking or in any of the wheelchair accessible parking spaces.

e.

The merchandise will not be located within fifteen (15) feet of a public right-of-way or in any sight easement.

(b)

A temporary use shall not be permitted nearer than one hundred (100) feet to a developed lot in a residential district.

(c)

A permit for the temporary use of any property for the above listed uses shall be secured from the department of building inspections and code enforcement prior to such use.

(d)

Use of a parcel of property for any of the above listed uses at any time on any day shall constitute a day's use. Use of a parcel of property for any of the above listed uses for more than the maximum number of days for which a permit may be issued along with any allowed renewal period during any three hundred sixty-five-day period shall constitute a permanent use subject to the district regulations of the zoning district in which such parcel of property is located.

(e)

Upon application being made therefore, the city council may, by special permit, approve the use of any property for the foregoing temporary uses or any other temporary use not to exceed one hundred eighty (180) days, under such conditions and restrictions as the city council shall determine.

(f)

An applicant for a temporary use permit shall submit written evidence to the department of building inspections and code enforcement that the owner of the subject property authorizes the use proposed.

(Ord. No. 7158, § 1, 11-20-97; Ord. No. 7364, § 1, 11-19-98)