The purpose of this article is to establish guidelines for the establishment and operation of temporary occupancy businesses in the city. It is intended that the operation of these activities be compatible with the integrity of the surrounding area by not creating adverse impacts.

(Ord. No. 99-3531, § 1, 7-12-99)

The goals of this article are:

(1)

To maintain the integrity of the city's business districts.

(2)

To have clear and enforceable criteria for the establishment and operation of a temporary occupancy business in the city.

(3)

To make adequate provisions for the allowance of a temporary occupancy business in the city.

(Ord. No. 99-3531, § 1, 7-12-99)

Temporary occupancy business shall mean:

(1)

A business not located in a building.

(2)

A business, including, but not limited to, fairs, carnivals, and circuses, located on a vacant lot or on a portion of a lot with another business, and operating on a seasonal or temporary basis not to exceed ninety (90) days.

(Ord. No. 99-3531, § 1, 7-12-99)

(a)

Temporary occupancy businesses shall be a use permitted subject to verification of zoning district by the building department, applicant signature on temporary occupancy business requirements affidavit, and the obtaining of a city business privilege license from the revenue department.

(b)

Notwithstanding provisions to the contrary set forth in this chapter, a property in any zoning classification except residential may be authorized for a temporary occupancy business.

(Ord. No. 99-3531, § 1, 7-12-99; Ord. No. 22-4492, § 1, 3-7-22)

(a)

Any type of business or occupancy which does not have a current certificate of occupancy or any occupancy which does not comply with this article shall be prohibited.

(b)

All temporary occupancy businesses are prohibited in residential zoning districts.

(Ord. No. 99-3531, § 1, 7-12-99)

(a)

Signs shall comply with the sign ordinance.

(b)

Approved temporary toilet facilities shall be provided for the entire length of the occupancy. This requirement may be waived at the discretion of the building director.

(c)

Off-street parking shall be provided in accordance with the zoning district and occupancy classification applied for on the application subject to the discretion of the building director.

(d)

A site plan showing the required parking shall be required.

(e)

All electrical hookups shall comply with the currently adopted electrical code of the city.

(f)

All portable storage/office buildings shall meet the manufacturer's installation instructions and the requirements of the currently adopted building code of the city.

(g)

All tents shall comply with tent certification on flame resistance.

(h)

A nonrefundable fifty dollars ($50.00) application fee is required.

(i)

A signed temporary occupancy business requirements affidavit shall be required.

(j)

A city business privilege license is required and a copy shall be maintained on file in the revenue department.

(Ord. No. 99-3531, § 1, 7-12-99; Ord. No. 22-4492, § 2, 3-7-22)

(a)

Temporary occupancy businesses procedure. A request for a temporary occupancy business shall be accomplished by receiving a zoning verification of the property from the building department. If the zoning is deemed appropriate according to the provisions of this article the applicant's signature shall be required on a temporary occupancy business requirements affidavit. Proof of the signed temporary occupancy business requirements affidavit and zoning verification from the building department shall be presented to the revenue department before the issuance of a city business privilege license.

(b)

Temporary occupancy business approvals are nontransferable. All temporary occupancy businesses are personal to the applicant and as such are nontransferable to another location and are good for the original time period only and subject to provisions of this article.

(Ord. No. 99-3531, § 1, 7-12-99; Ord. No. 22-4492, § 3, 3-7-22)

Any grant of a permit or approval for a temporary occupancy business shall be deemed a privilege and requires the continual compliance with all rules, regulations, and conditions applied to the permit or approval. At any time after the granting of same, the building department or revenue department may revoke a previously granted permit or approval upon being presented with evidence of potential violation of the previously granted permit or approval.

(Ord. No. 99-3531, § 1, 7-12-99; Ord. No. 22-4492, § 4, 3-7-22)