The following regulations are provided to accommodate uses that are temporary or seasonal in nature while protecting the health, safety, and welfare of Fillmore City residents. Any use which does not meet the requirements of this Chapter shall be treated as a permanent land use. (Ord. 23-13, - -2023)

Subject to the provisions of this Chapter, certain uses may be permitted on a temporary basis when approved by the City. Temporary uses may include, but are not limited to:

   A.   Large-scale special events, such as art shows, car shows, carnivals, circuses, concerts, and outdoor entertainment limited to commercial, industrial, and public quasi-public zones.

   B.   Farmers’ markets, swap meets, flea markets, or similar events limited to commercial, industrial, agricultural, and public quasi-public zones.

   C.   Christmas tree sales lots, limited to commercial, industrial, agricultural, and public quasi-public zones.

   D.   Fireworks stands, limited to commercial and public quasi-public zones.

   E.   Yard and garage sales.

   F.   Political rallies.

   G.   Seasonal fruit, vegetables, and flower stands.

   H.   Storage of shipping containers during construction of a home. (Ord. 23-13, - -2023)

   A.   Yard and garage sales:

      1.    Number permitted: No more than five (5) days per calendar year per location

      2.   Location: Shall be conducted by residents of the premises on which the yard sale is located and shall not extend over a public sidewalk or right-of-way

   B.   Shipping containers: Storage containers greater than one hundred twenty (120) square feet, but less than three hundred (300) square feet are allowed during the construction phase of a project. This use shall be allowed when a building permit for new construction or alteration is approved. This use is of a temporary nature and includes the following standards:

      1.   Number Permitted: No more than two (2) containers on any one property.

      2.   Occupancy Permit Required: Building permit for the construction project requires an occupancy permit. The occupancy permit shall be withheld until the containers are removed.

      3.   Removal: The containers shall be removed within ten (10) days of completion of the project. Failure to remove the containers may result in termination of utility services.

   C.   Farmers’ markets, swap meets, flea markets.

      1.   Records: The permit holder shall maintain records of each seller or participant with a booth or area in each swap meet session/event. Such records shall include the seller’s name, address, and contact information.

      2.   Compliance of Participants: The owner (permit holder) will be required to see that all entities or persons bartering, exchanging, or selling goods or otherwise participating in the swap meet shall meet all terms of the administrative conditional use permit for the swap meet.

      3.   Conditions of Operation, Business License, Collection of Taxes: The owner (permit holder) will be required to see that all entities or persons bartering, exchanging, or selling goods at the swap meet comply with all conditions of operation for the swap meet, obtain needed business licenses, and are collecting applicable taxes related to their operations.

      4.   Plan Required: The owner (permit holder) shall file a plan with the City showing the location of individual booths, stalls, or areas, and also show parking areas and traffic flow for the swap meet. The owner’s plan shall provide adequate space for individual booths and provide for safe traffic flow and parking.

      5.   Booth Signage: Each individual booth may have a sign showing the name of the business and the products sold. Such sign shall be located on the participant’s booth and shall meet applicable requirements of this title for the type of sign displayed.

      6.   Event Signage: Any other signs, other than booth signage, shall advertise the entire event and meet the requirements of the sign regulations. The owner/applicant of the event shall obtain necessary permits from the City for signs advertising the entire event.

      7.   Area Maintained: The area where the event is held shall be maintained in a neat and orderly condition. Trash shall be picked up during and after the event and deposited in appropriate trash containers.

      8.   Sanitary Facilities: The owner of the event shall provide adequate bathroom and sanitary facilities on site.

      9.   Location Considerations: The following shall be considered by the City regarding the appropriateness of the event’s location:

         a.   The site’s proximity to residences, schools, hospitals, and other noise-sensitive areas.

         b.   The potential adverse impacts on traffic circulation and pedestrian safety.

         c.   The site’s proximity to other similar events, to avoid over-concentration of facilities.

         d.   The site’s proximity to any business processing or handling hazardous materials on site.

         e.   Any entrepreneurial temporary stand operated by a minor for the purpose of selling food or drink is exempted from these regulations, provided the business or operation does not employ any adults. (Ord. 23-13, - -2023)

The City may approve the temporary use application, provided each of the following, in addition to any specific use regulations, are met. Any use shall not begin, including any associated work onsite, until a complete application has been submitted and has obtained approval.

   A.   The proposed use is listed as a permitted temporary use.

   B.   All applicable permits are obtained, including city, county, state, and federal permits.

   C.   The proposed use will not create traffic hazards or other unsafe conditions in the area. If the City determines traffic control is required, a traffic control plan shall be detailed in the application, and traffic control shall be provided at the expense of the applicant.

   D.   The applicant shall include a site plan providing sufficient off-street parking to accommodate the use on-site. Only on-street parking directly abutting the parcel on which the use is located can be used to satisfy the parking requirement.

   E.   The proposed use shall not require security officers. If the city determines that extra security is required, the applicant will be responsible to obtain additional security, which may require additional expense by the applicant.

   F.   The proposed use shall occupy the site for a period not to exceed thirty (30) days, unless otherwise stated herein or on the application, with the following exceptions:

      1.   Christmas tree lots shall not exceed forty (40) days.

      2.   Seasonal fruit, vegetable, and flower stands shall not exceed one hundred fifty (150) days.

      3.   Shaved ice stands may operate between the 1st day of May through the last day of September (150 days). Removal of all shaved ice facilities shall occur within two (2) weeks of the end of operation. The applicant shall indicate on the application the intended length of operation.

   G.   The applicant shall have sufficient liability insurance for the requested use or event.

   H.   The applicant shall provide for, at the applicant’s expense, the restoration of the site to its original condition, including clean-up and replacement of facilities as may be necessary.

   I.   The applicant includes written and signed acknowledgment and approval from the property owner if other than the applicant, which includes the intended use, location, date, and duration.

Any person aggrieved or affected by a decision of the City Staff, or designee, in denying a temporary use permit may appeal to the City Council in writing within ten (10) days after notice of the decision is given. The decision of the City Council shall be final. (Ord. 23-13, - -2023)

   All temporary uses are responsible for the appropriate sales taxes in accordance with State and Federal law.

(Ord. 23-13, - -2023)