270-10.01 The following requirements and restrictions apply to all temporary outdoor activities and agriculture oriented recreational uses:

A.

All activities governed by this Chapter shall require a temporary use permit which is issued by the Community Development Department. The Community Development Department shall collect a fee for the issuance of such permit.

B.

All activities governed by this Chapter shall require proof of an Occupation Tax Certificate.

C.

Written permission from the property owner shall be obtained and submitted by the applicant to the Community Development Department prior to the issuance of a temporary outdoor activity permit.

D.

All activities shall be permitted only on property where such activities shall not disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

E.

No display shall be erected or installed, nor shall any activities take place, within 25 feet of a city, county, or state right-of-way.

F.

Display tables may be used.

G.

No operator, employee, or representative of the operator of a temporary use shall solicit directly from the motoring public.

H.

Nonprofit organizations applying for a Temporary Outdoor Activity Permit for a charitable or nonprofit event are exempt from Section 270-20.1 and shall not be required to pay a fee for such permit.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

270-20.01 In addition to the provisions of Section 270-10, temporary outdoor activities other than agriculture oriented recreational uses, holiday activities, and mobile food service units shall adhere to the following provisions:

A.

Peddling goods and merchandise not customarily sold on a day-to-day basis in the business which constitutes the principal use of the premises is prohibited.

B.

Consumer fireworks retail sales shall be permitted from June 5 through July 5 and from December 1 through January 2 due to the seasonal nature of such sales.

C.

Circuses and carnivals, community fairs and street fairs shall be permitted as temporary outdoor activities uses so long as no structure or equipment is located within 200 feet of any residential property line.

D.

Temporary outdoor activities shall be permitted only within B-1, PSC, B-2, ECR and AB zoning districts.

E.

Multiple temporary outdoor activity permits shall not be simultaneously issued on a parcel of land containing less than one acre.

F.

Temporary outdoor activities shall be permitted for a period not to exceed 30 consecutive days unless otherwise noted in this Chapter.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

270-30.01

A.

In addition to the provisions of Section 270-10, agriculture oriented recreational uses shall adhere to the following uses:

1.

Agriculture oriented recreational uses shall be permitted with the city's General Business (B-1), Planned Shopping Center (PSC), Highway Business (B-2), E-commerce Retail (ECR) and Agricultural Business (AB) zoning districts.

2.

The activity shall be permitted for 90 consecutive days unless otherwise specified due to the seasonal nature of such activities.

3.

Pumpkin sales shall be permitted from September 15 through October 31 due to the seasonal nature of such sales.

4.

Christmas tree sales shall be permitted between November 1 and December 31 due to the seasonal nature of such sales.

5.

Animal shows, circuses and carnivals, community fairs and street fairs shall be permitted as agriculture oriented recreational uses so long as no structure or equipment is located within 200 feet of any residential property line.

B.

Agriculture oriented recreational uses located in an A-1 zoning district shall meet the following additional criteria:

1.

Agriculture oriented recreational use permits shall not be issued on parcels of land that are less than five acres in size.

2.

Operation must close at 11:00 P.M.

3.

No public address system or loud speakers shall be permitted.

4.

Any structure or associated activity must be a minimum of 50 feet from any adjoining residentially zoned property.

5.

Portable restroom facilities must be provided and must be located a minimum of 100 feet from any adjoining residentially zoned property.

6.

The project access must be from an existing city or county maintained road.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

The City Manager, or their designee, is hereby authorized to inspect the temporary outdoor activity for compliance with the provisions of this Chapter.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)