The purpose of this section is to protect the health, safety, and welfare of the city of Homedale and its residents. This chapter is not intended to prohibit or hamper speech, which is protected by the First Amendment, but merely to regulate specific activities, which are commercial in nature.

(Ord. 381, § 1, 5-28-2009)

As used in this section, the following terms shall have the following meanings:

A.

"Temporary." A consecutive period of six (6) months or less within one calendar year.

B.

"Temporary commercial use." Any commercial use of land that will last for no more than six (6) months within a period of one calendar year that is not the principal or special permitted use designated for said land.

C.

"Temporary commercial use facility." Any vehicle, tent, canopy, stall, booth, cart, trailer, or any other facility used in conjunction with a temporary commercial use. Food preparation is permitted in a temporary commercial use facility. The same temporary commercial use facility shall remain on the applied-for and approved site for the duration of the temporary commercial use license and shall not move until the expiration of said temporary commercial use license or the temporary commercial use license shall become null and void for the remainder of the calendar year.

D.

"Temporary model home office." A structure built as a house that will, at some point, be used as a residence but is temporarily being used as a model home office with a temporary occupancy permit only. The expiration date of the temporary model home office shall not exceed five (5) years or when the subdivision it serves is fully developed and shall not be extended beyond the stated date unless a new permit is granted.

E.

"Special event." A bona fide school, community or public event not to exceed five (5) consecutive calendar days which is centered around a specific theme, ceremony, holiday or historical event and sponsored by an identifiable individual or group.

F.

"Barbeque grill." An appliance intended and approved for the preparation of food using a solid fuel or gas fuel. Solid fuels could include wood, charcoal, or similar products. Gas fuel appliances would use propane or natural gas. Required safety precautions could include hoods, ducting, exhaust fans, grease extractors, and/or fire extinguishing systems or any combination thereof.

G.

"Transient merchant." Any person who engages in a temporary business not to exceed seven (7) consecutive days of selling goods, wares, and merchandise within city limits and who in the furtherance of such purpose, hires, leases, uses or occupies any premises, including any parking lot, within the city for the exhibition and sales of such goods, wares, and merchandise. Food preparation is not permitted in a transient merchant facility.

H.

"Transient merchant facility." Any tangible structure including, but not limited to, a stall, booth, tent, platform, box, table, rack palate, trailer, cart, vehicle, or other form of offering, displaying, or storing goods and/or services used in conjunction with a transient merchant. No food preparation is permitted in a transient merchant facility.

(Ord. 381, § 1, 5-28-2009)

All temporary commercial uses and transient merchants and associated facilities shall be subject to the following conditions and regulations:

A.

No person shall engage in the temporary commercial use of land or construct, place, or set-up a temporary commercial use facility or transient merchant facility as defined herein, without first procuring a temporary commercial use or transient merchant license.

B.

The license shall not allow for placement of any temporary commercial use facility or transient merchant facility within a street, vision triangle, required setback area, dedicated trash dumpster location, sidewalk, public right-of-way, street landscape buffer area, or any other position on a lot which may substantially interfere with vehicle or pedestrian circulation, emergency access or the normal functions of other uses on the property, or be potentially hazardous to the public. Placement of any and all facilities associated with a temporary commercial use or transient merchant must be on private property, outside of any street landscape buffer areas in any commercial zone or industrial zone.

C.

The written permission of and indemnification by the property owner or owners on a form provided by the city shall be required in order to operate a temporary commercial use facility or transient merchant facility on property within the city.

D.

The proposed temporary or transient merchant use shall be commercial in nature and in conformance with the zoning district within which it is to be located except commercial uses may be located in industrial zones.

E.

A temporary commercial use or transient merchant license shall not exempt or otherwise excuse the applicant from complying with all other applicable city, county, state or federal regulations pertaining to the type of activity the applicant will be conducting under such license. Applicants must provide their social security or taxpayer identification number and state sales tax number. Applicants for temporary commercial uses who will serve food or beverages shall first procure a permit from the Southwest District Health Department to ensure compliances with applicable health regulations.

F.

Every person who receives a temporary commercial use or transient merchant license shall clean up all garbage or debris caused by his or her temporary commercial use facility or transient merchant facility, and shall clean up within a twenty (20) foot radius of the temporary commercial use facility or transient merchant facility both daily and immediately upon cessation of such use. Every temporary commercial use facility and transient merchant facility must include trash receptacles and regular trash service or must receive written permission from the applicable property owner to use the trash facility located upon the property on which the temporary commercial use or transient merchant business is being conducted. The site plan shall show the location of trash receptacles or method of trash disposal.

G.

All temporary commercial use facilities and transient merchant facilities shall be maintained and remain in compliance with all applicable city, county, state, and federal regulations, including without limitation fire, building, and electrical codes as well as health regulations, during the life of the temporary commercial use or transient merchant license.

H.

Temporary commercial use facilities and transient merchant facilities shall be located on a non-combustible surface and must be at least twenty-five (25) feet away from combustible materials.

I.

Temporary commercial use facilities and transient merchant facilities shall comply with the following:

1.

No structure shall exceed twelve (12) feet in height.

2.

No structure shall exceed thirty (30) feet in length.

3.

No structure shall exceed nine (9) feet in width.

4.

No temporary commercial use facility or transient merchant facility shall consist of more than one cart, stall, booth, tent, platform, box, table, rack, palate, container, trailer, recreational vehicle, motor vehicle, or any other form of offering, displaying, or storing goods and/or services per vendor.

5.

No temporary commercial use facility or transient merchant facility shall connect to any electrical outlets or sources of power without having first received written permission from the property owner on which said outlets or sources of power are located.

6.

If the temporary commercial use facility or transient use facility is a vehicle, a copy of the current registration, current insurance, a clear picture of the vehicle and any applicable driver's licenses shall be submitted with the application.

J.

Anyone operating a temporary commercial use or transient merchant facility shall do so in a manner that does not create excessive noise, light, dust, nuisance or other detriment to the quiet enjoyment of property in the vicinity.

K.

Anyone engaged in a temporary commercial use or transient merchant use shall be allowed to engage in their business between the hours of four (4) a.m. and ten (10) p.m.

L.

Any BBQ grill/range associated with a temporary use must be enclosed and permanently built into the temporary use facility. A range/hood fire suppression system must be utilized, unless alternate mitigation is approved by the fire district. Approval of alternate mitigation by the fire district must be provided to the city prior to opening for business.

M.

All signage must be affixed to the temporary commercial use facility or transient merchant facility.

N.

Temporary commercial use facilities and transient merchant facilities shall have a clean appearance at all times.

O.

Temporary commercial use facilities and transient merchant facilities must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians.

P.

Temporary commercial use facilities and transient merchant facilities must provide a sanitary sewage treatment plan. Wastewater may not be dumped or discharged on the premises, adjacent properties, or a public right-of-way. If the applicant proposes the use of any sanitary sewage facilities located on private property, written permission from the property owner must be obtained. This written permission must be provided to the city in the application.

Q.

No licensee hereunder shall:

1.

Fail to comply with any of the requirements and restrictions set forth in this section.

2.

Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;

3.

Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;

4.

Represent the issuance of any license under this section as an endorsement or recommendation of the solicitation.

R.

A temporary commercial use facility may receive no more than one permit in a calendar year. A transient merchant facility may receive up to four (4) permits in a calendar year (one per quarter) if the facility is in compliance with all provisions of the section and all city codes.

(Ord. 381, § 1, 5-28-2009)

A. License Required. Any person or persons using, leasing or purchasing a properly zoned site or parcel in the city to sell, trade, offer for sale or trade, or display for the purpose of sale, trade, or giveaway any goods and/or services as a temporary commercial use or transient merchant as defined in this section shall be required to have a license issued by the city clerk after a temporary commercial use/transient merchant license application is approved under the provisions of this section.

B.

License Fee. License fees shall be established by resolution of the city council.

(Ord. 381, § 1, 5-28-2009)

A. At the time of filing an original application, an adult applicant shall pay the application fee to the city clerk. The application fee for any temporary commercial use or transient merchant use shall be set by resolution of the council. Applicant shall also bear the actual costs of necessary inspections. The applicant shall also pay a license fee to the city clerk prior to issuance of the license.

B.

A state-wide criminal background check, with fingerprints, is required for the applicant and any employees of the temporary commercial use or transient merchant. If the applicant or employees of the temporary commercial use or transient merchant has been convicted of a violation of any municipal, state, or federal laws, except for minor traffic violations, in the previous five (5) years or if the applicant has made a false statement on the application or has had a temporary commercial use or transient merchant license revoked or suspended for a violation of this section, the application may be disapproved.

C.

The applicant shall complete an application obtained from the city clerk and attach a site plan, a photograph of the temporary commercial use or transient merchant facility, any other attachments deemed necessary by the planning and zoning administrator for application processing, and a sanitary sewage treatment plan with the application at the time it is filed. Filing an application does not constitute approval nor would it authorize the applicant to open for business. The city may reject any application that does not contain the required application attachments as listed on the application.

D.

The city clerk or his/her designee shall review an application for completeness and compliance with all city codes. The city clerk shall distribute the application to the police department, fire district, and building department and the zoning and planning administrator, if necessary, for review and approval. When all necessary approvals have been authorized by all applicable reviewing agencies, the city clerk shall submit the completed application to the city council for its approval or denial. The applicant must display the license on the temporary commercial use or transient merchant use facility and the license must face a public street through the duration of the license's life.

E.

All temporary commercial uses and transient merchants shall be required to pass a fire code inspection and provide the same to the city before opening for business.

(Ord. 381, § 1, 5-28-2009)

The provisions of this section shall not apply to:

A.

Any sales under court order;

B.

Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for delivery, from local retailers, local businesses, local governments, local schools, or local wholesale firms;

C.

Temporary fireworks stands and fireworks sales, Christmas tree sales, and fruit and produce sales. These sales are regulated under Section 17.52.020(E) of the Homedale City Code;

D.

The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;

E.

The occasional sale of admission by local schools students to a function of their school or fund raising sales by local service clubs or groups such as Elks, Kiwanis, Lions, Boy or Girl Scouts;

F.

Any political group seeking funds or membership;

G.

Garage, yard, or similar sales by individuals at their residence or place of business;

H.

Any organization exempt from taxation as provided by 26 U.S.C. 501 and meeting all the requirements for the exemptions provided by 26 U.S.C. 503;

I.

Any activity conducted as a special event;

J.

Lemonade stands;

K.

Charitable car wash;

L.

Idaho Youth Games;

M.

Events conducted at the fairgrounds;

N.

Any uses similar to those listed above that are approved by the city clerk or his/her authorized designee.

(Ord. 381, § 1, 5-28-2009)

All licenses issued under the provisions of this section shall expire on the date specified in the license.

A.

No temporary commercial use license shall be issued for a period longer than six (6) months. Any temporary commercial use that necessitates a time frame greater than six (6) months of usage shall be required to obtain a special use permit.

B.

No transient merchant license shall be issued for a period longer than seven (7) days.

C.

The only exception to this time frame rule is the temporary model home office. A temporary occupancy permit for a temporary model home office may be renewed and granted until such time that the use is no longer necessary or is not complying with city policies and standards.

(Ord. 381, § 1, 5-28-2009)

A. Violations. Any person who engages in a temporary commercial use or transient merchant use or operates a temporary commercial use facility or transient merchant facility without first procuring a license, or otherwise violates the provisions of this section shall be guilty of a misdemeanor and, where applicable, may have his or her license revoked. Each day a violation exists shall constitute a separate, additional offense.

B.

Compliance Notice. Upon finding that one is in violation of this section, the planning and zoning administrator, or his/her designee, may declare the use illegal and in violation of the zoning codes. The planning and zoning administrator may then instruct the owner or operator of the use to immediately remove it from the premises by giving written notice to vacate the premises.

C.

Enforcement Against Violator(s). If all reasonable attempts by the planning and zoning administrator to remove a violator from the premises fail, the planning and zoning administrator shall inform the city attorney of the violation(s) committed by the violator for purposes of pursuing prosecution.

(Ord. 381, § 1, 5-28-2009)