The following temporary uses are permitted, subject to the conditions and time limitations stated in this section and subject to the issuance of a temporary use permit as provided in Section 1286.02:

   (a)   The retail sale of merchandise on business premises, including related off-street parking lots by merchants who do not occupy the premises, for a temporary time period which may range from a part of one day, to successive weekends, to a period of several weeks. Such commercial activity shall be conducted over a total period not to exceed thirty days per year. In addition, such commercial activity shall be set back not less than ten feet from the front lot line and not less than five feet from the side lot line.

   (b)   Promotional activities of retail merchants located in a Business District, involving the display of goods and merchandise, conducted outside of enclosed buildings for a period of not more than fourteen days in any three-month period. Goods and merchandise that will be used in the promotional activity and are also for sale in the building may be displayed subject to the following conditions:

      (1)   No portion of the display shall be on or over publicly owned property, except for sidewalk sales in a CB Central Business District.

      (2)   No food or drink shall be dispensed outside the buildings except in accordance with the standards and the prior written approval of the Health Department.

   (c)   (EDITOR'S NOTE: Subsection (c) was repealed by Ordinance 91-44, passed January 21, 1992.)

   (d)   Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development, to continue only until all dwelling units are leased or sold;

   (e)   Contractor's offices, trailers and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project, to continue only for the duration of such project;

   (f)   Seasonal sales of farm produce grown on the premises, in an SER Suburban Estate Residential or R-2 Low Density Residential District, to continue for not more than five months per year. Such sale shall be conducted not less than ten feet from the front lot line and not less than five feet from a side or rear lot line.

(Ord. 82-38. Passed 9-20-82.)

   (g)   Christmas tree and potted and bedding plant sales in an Industrial or Business District, for a period not to exceed ninety days. This space need not comply with the yard and set-back requirements of this Zoning Code, provided that no item shall be displayed within thirty feet of the intersection of the curb line of any two streets.

(Ord. 93-07. Passed 4-19-93.)

   (h)   Open-air carnivals or tent circuses in a GB General Business or I-1 Light Industrial District for a period of time that does not exceed one week.

(Ord. 82-38. Passed 9-20-82; Ord. 10-47. Passed 12-6-10.)

   (a)   A temporary use permit shall be required each year, effective from the date of issuance, for any food stand or food trailer activity conducted within the corporate limits of the City. The fee for such temporary permit shall be set by the City Council.

   (b)   Any activity conducted by the principal user as described in the zoning permit on record for the property on which it is located, or any charitable or non-profit organization which has an IRS 501(c)(3) designation shall be exempt from this regulation. Proof of such designation may be required by the City.

   (c)   Proof of a current food vendor's license as issued by the Clark County Combined Health District, shall be presented to the City, along with written permission from the property owner, prior to any temporary permit being issued.

   (d)   All City business and taxation regulations including earned income tax shall apply to such temporary use. City income tax filings and payments must be current and certified by the City’s Tax Administrator, prior to the issuance of any temporary permit.

   (e)   No temporary stand or trailer shall reduce the minimum number of off-street parking spaces required for the principal use of the property. Additional spaces for the temporary use may be required as determined by the Planning Director.

   (f)   Such temporary uses shall be permitted in all Agricultural (A), Central Business (CB), and General Business (GB) Districts as designated on the City's official Zoning Map. Hours of operation shall not exceed those as permitted in each district

   (g)   Each temporary use shall meet the minimum building setback requirements as established for each Zoning District in which it is located. In no case shall such use be conducted within the City's right-of-way boundaries or block ingress or egress to required off-street parking.

   (h)   The maximum duration of operation of such temporary activity shall not exceed twelve months or until the food vendor’s license issued by the Clark County Health Department expires.

   (i)   Signage for any temporary use shall be restricted to identification signs attached to the stand or trailer itself and menu signs attached or located on the site. In no case shall any signage be permitted on City rights-of-way, including sidewalks.

   (j)   No accessory items except chairs and tables equipped with umbrellas shall be permitted on site. Canopies, tents, and other similar coverings shall be strictly prohibited.

   (k)   All restrictions pertaining to illumination, noise, odor, vibrations, litter and other nuisances as regulated by City Codified Ordinances shall apply.

   (l)   Additional restrictions may be imposed by the City to alleviate health or safety issues caused by the operation of the temporary use activity.

(Ord. 10-58. Passed 1-3-11; Ord. 18-07. Passed 5-21-18.)