Chapter 17.48 — SPECIAL USES

This chapter is intended to provide for the placement and regulation of uses and activities that are temporary in nature or which may be allowed in all zoning districts. It shall also be the purpose of this

chapter to set forth standards and conditions which shall apply to various special uses.

(Prior code § 065.01)

A.

In no event shall an outdoor use be established that is not directly associated as part of a primary use on the same property unless a special permit has been obtained from the chief of police or the chiefs designee after payment of a permit fee based upon the actual cost to the city of processing the application for such permit.

B.

Display of merchandise out-of-doors is permitted as follows:

1.

Where specifically provided for in the zoning district where the event will take place.

2.

By any merchants association or individual business which has been recognized by the city. Such organizations may sponsor one sidewalk sale per quarter. The maximum display of merchandise out-ofdoors by a commercial merchant shall not exceed fifteen (15) days.

3.

Any one merchant outdoor sale, limited to one table, one rack or other means and one sign approved by staff.

4.

Sale sponsored by a recognized merchants' association according to all of the criteria provided by that associated.

5.

The applicant must be filed with the chief of police or the chiefs designee five working days prior to the sale.

C.

In no event shall a display of merchant out-of-doors interfere with pedestrian or vehicular traffic. The applicant shall agree to avoid the creation of litter, trash or debris, and shall keep any such displays and the surrounding areas neat, clean and free of trash, paper and debris. The applicant shall abide by any reasonable conditions imposed by the city staff to protect the public health, safety and welfare.

D.

Any permit denial by the chief of police or the chief's designee may be appealed to the city council. (Prior code § 065.02)

Special event sales may be permitted in stores, churches, assembly halls or other indoor and outdoor locations, subject to the approval by the chief of police or the chief's designee of the location, and subject to the requirements of this chapter.

(Prior code § 065.03)

"Person" means an individual, corporation, association, churches, or any other group or organization of individuals.

"Special event sales" means garage sales, yard sales, patio sales, rummage sales, and other such sales in residential districts for the purpose of offering for sale household or personal goods of the occupant of the premises. Special event sales do not include commercial sale of goods purchased for resale. Special event sales to not include swap meets.

(Prior code § 065.04)

A.

No person shall conduct a special event sale until that person obtains a special event sale permit from the chief of police or the chief's designee and pays a fee of five dollars ($5.00) for each special event sale.

B.

The application for a special event sale permit shall contain the name of the person, the person's residence where the special event sale will take place, the date for the special event sale, the total number of special event sales the person has conducted during the same calendar year, and an acknowledgement that only eight days are permitted for special event sales each calendar year.

(Prior code § 065.05)

Persons granted a permit to conduct a special event sale shall comply with the provisions of this code that regulate signs. Failure to comply shall result in the permit being revoked and may be cause to deny future requests for a permit.

(Prior code § 065.06)

A.

No special event sale permit shall be issued for days other than weekends and official holidays when city hail is closed for business. Each special event permit shall last no more than eight hours.

B.

A person wishing special event sales permits for two or more consecutive days must apply for a special events sales permit for each day.

C.

A maximum of eight days may be conducted by any one person at any one location during each calendar year.

(Prior code § 065.07)

The numerical limitation of eight special event sale permits per person per location contained in Section 17.48.070 shall not apply to carwashes that are conducted by non-profit organizations or by school-based groups or clubs. For these situations, the city council shall have discretion to grant permits in excess of eight.

(Ord. 886 § 1, 2003: Ord. 885 § 1, 2002)

Any violation of this Chapter shall constitute a misdemeanor.

(Prior code § 065.08)

(Ord. No. 1098, § 39, 12-14-16)

Temporary parking lots may be approved by the chief of police or the chief's designee subject to the following conditions:

A.

Duration of use not to exceed twenty (20) days;

B.

Provisions to assure that the parking lot remains free of dust and blowing sand or dirt;

C.

Conformity to any applicable sign regulations;

D.

Prohibition of overnight camping; and

E.

Adequate provisions to guarantee the cleanup of the temporary parking lot.

(Prior code § 065.09)

Circuses, carnivals, animal rides, and displays, amusement rides, auctions, and outdoor or tent meetings shall be permitted only by city council approval. Such events require a business license, sign approval and permit and the approval of fire clearance by the fire department.

(Prior code § 065.10)

Christmas tree lots may be approved by the chief of police or the chief's designee subject to the following conditions:

A.

Provision to assure that the parking lot remains free of dust and blowing sand or dirt;

B.

Adequate provisions to guarantee the cleanup of the temporary Christmas tree lots;

C.

Business license;

D.

Sign approval and permit; and

E.

Approval of fire clearance by fire department.

(Prior code § 065.11)