HomeMy WebLinkAbout2017-05-30-Ordinance 2845_Temporary Uses, Fireworks SalesORDINANCE NO.2845
AN ORDINANCE TO AMEND CHAPTER 300,ZONING ORDINANCE,CITY OF
WAUKEE,IOWA,BY AMENDING AND REPLACING CHAPTER 301.8 GENERAL
REGULATIONS,SECTION P —TEMPORARY USES
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of
Waukee,Iowa,is hereby amended by repealing said section in its entirety and enacting in lieu thereof
the following:
)301.8P.Temporary Uses.The City recognizes that in certain instances,some flexibility
to allow activities or uses on a limited duration out of the confines of a building can be beneficial to
business interests,as well as the consumers and the City alike,provided such events continue to
promote the public health,safety and general welfare.These regulations are intended to prescribe the
conditions under which limited duration temporary sales may be permitted on private property,public
property,parks,sidewalks and streets.
1.Definitions.For the purpose of this chapter,the following terms shall have or
include the following meanings:
A.Temporary Use.Any sales in any nonresidential district including,
but not limited to the sales of fresh fruits/vegetables,baked goods,
and hand crafted items,provided such use is authorized in such
Zoning District.
B.Temporary Structures.Any constructed or erected structure,
including but not limited to a shed,building,vehicle,trailer,tent or
enclosure of any kind used for commercial or business purposes
which any person or business intends to place on the same lot with or
on any lot adjacent to,any permanent structure used for business or
commercial purposes.
C.Garden Center.A place of business where retail and wholesale
products and produce are sold.The items sold may include,but is not
limited to plants,nursery products,potting soil,and gardening tools
and utensils.
D.Produce Stands.A temporary structure used for the display and sale
of raw fruits and vegetables.
E.Food/Beverage Stand.A temporary structure used for the display
and sale of prepared food and beverages.
2.Uses Exempt from Temporary Use Permits.
A.Farmer's Markets sponsored by the City of Waukee or the
Downtown Business Association.
Produce stands that meet the following conditions:
1.The temporary structure and sales area shall not exceed more
than two parking spaces or 360 square feet.
2.The site area shall be cleaned of debris,temporary structures,and
any other objects associated with the temporary use at the end of
each business day.
3.No sign permit is required for temporary signage,provided the
sign shall not be placed within the public right of way and the
sign shall not exceed twelve (12)square feet in total size.
4.The vendor shall acquire permission from the property owner
prior to any temporary use on the property.
5.Produce stands shall conform to the requirements set forth in
Section 301.8P(3).
3.General Regulations.The following regulations shall apply to all temporary uses:
A.
B.
C.
D.
E.
F.
G.
Permitted Zones:A temporary sales use is authorized for consistent
uses permitted in each respective non-residential zoning district
subject to the requirements of this chapter and all other federal,state
and local ordinances and regulations.
No temporary use shall exceed a period of more than six (6)months
of a twelve (12)month period,unless otherwise specified by the
Administrative Official.
All temporary structures shall conform to the zoning setback
requirements.
The proposed temporary use shall not affect the driveway access or
traffic circulation on the property.
The applicant shall provide,as determined by the Administrative
Official,adequate facilities for disposal of trash and waste,e.g.
grease,associated with the temporary use.
Permanent sanitary facilities located within an adjacent building shall
be made available to all employees of the activity during its
operational hours,as approved by the Administrative Official,in
concurrence with the county health department,unless stipulated
otherwise in this chapter.
Demonstrate compliance with federal,state and local law.
4.Temporary Use Regulations.A permit may be issued for temporary uses when the
following criteria are met:
Permitted Temporary Uses.
1.Produce stands that do not meet the qualifications set forth in
Section 301.8P(2).
2.Garden Centers.
i.Maximum Square Footage.Site-by-site basis.
ii.Restrictions on Merchandise and Products.This use
is limited to the display of green goods,i.e.,plants,
and associated garden products determined to be
consistent with the intent of a garden center (may be
extended to the sale of Christmas trees),with the
approval of the Administrative Official.
iii.Safety Standards.In order to promote the safety of
the patrons of these facilities,patrons of nearby
permanent facilities,motorists and pedestrians the
following shall be required.
a.All sales areas shall be separated from
vehicular uses by the placement of a fence
or barrier acceptable to the Administrative
Official to prevent pedestrian and
vehicular conflicts.
b.Temporary drive aisles shall be maintained
at a minimum of twelve (12)feet in width
for one-way traffic and twenty-four (24)
feet in width for two-way traffic.Barriers,
fencing,or some other physical markers
shall clearly inform drivers at the end of
the parking area and the start of the drive
aisle.A clear line of sight shall be
maintained at the entrance and exit of the
temporary drive aisles.
c.Vehicle loading areas shall be located in
an area that minimizes pedestrian and
vehicle conflict and provides for the safe
loading of merchandise and vehicles
access to and from the traffic lanes to the
loading area,preferably without backing
movements.
3.Food/Beverage Stands.
i.Maximum Square Footage.Three hundred sixty (360)
square feet.
ii.Health Standards and Licensing.The applicant must
obtain licensing,liquor permits,certificates of inspection,
or other documentation necessary to comply with all
applicable requirements of the state,county,or
municipality regarding health standards;
a.Water Service.The structure used for
dispensing of food and beverage shall
provide self-contained hot and cold
running water with appropriate holding
facilities of wastewater.
b.Wastewater Disposal.Any wastewater
shall be collected and disposed in a
manner acceptable to the City and shall be
explained in the application for a permit.
iii.The site area shall be cleaned of debris,temporary
structures and any other objects associated with the
temporary use within three (3)days after the termination
of sales.
iv.All signage associated with temporary uses shall comply
with the regulations of Chapter 305 (Sign Regulations)of
the City of Waukee Code of Ordinances.
v.The nmnber of additional parking spaces required and the
location of such shall be determined by the
Administrative Official.The maximum number of
permanent parking spaces allowed to be used for
operation of an extended use shall not exceed twenty
percent (20'zo)of the parking on a site plan that was
approved by the City to be counted toward the allowable
size of the activity or twenty percent (20'/o)of the site
area,whichever is more restrictive.
vi.Proof of ownership or a signed letter from either the
property owner or their authorized representative,for the
property on which the activity is to take place,shall be
presented at the time the temporary use permit is
requested.
vii.A plan of the layout of the proposed temporary use shall
be submitted to the Development Services Department
with the application,to be reviewed and approved by the
Administrative Official.The layout shall identify the
following:
a.The area on the site proposed to be utilized
as part of the temporary use and associated
sales area.
b.Proposed modifications to the traffic
patterns and methods proposed to notify
patrons and identify the temporary traffic
pattern changes,i.e.,signage,traffic cones,
fencing and barriers,etc.
c.Proposed vehicle loading zone.
d.Location of electrical connection and
water connection,if applicable.
5.Other Temporary Uses:For any other temporary use,for the sale of goods and
services that has not been addressed previously in this chapter,a permit may be
issued when the following criteria are met:
A.All other temporary uses shall conform to the requirements set forth
in Sections 301.8P(4)(3)(iii)through 301.8P(4)(3)(vii).
B.Temporary Uses related to the sale of combustible materials shall not
be located closer than 100 feet from the nearest permanent structure.
C.All applicants shall be responsible for submitting a site plan
following the requirements set forth in Chapter 304 Site Plan
Requirements of the Waukee Code of Ordinances.Such site plan
shall require approval by the City Council.
D.Maximum Space:Three hundred sixty (360)square feet.
E.Comply with all other requirements of federal,state and local law.
Violations and Penalties.The operation of a temporary use is a privilege
allowed by this Chapter.A Temporary Use Permit may be revoked and
terminated at any time by order of the Administrative Official,Fire Chief,Police
Chief,Building Official or their designees if the temporary use is deemed as
being a life safety hazard towards pedestrians,vehicles or property,or if the
temporary use fails to comply with the terms of the permit or other City
Ordinances.
Section 2.~Re ealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severabilit Clause.If any section,provision or part of this ordinance shall be
adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as
a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval
and publication as provided by law.
Passed by the Council this 30"'day of May,2017,and approved this 30"day of May,2017.
Attest:
Anna Bergman,Mayor Pro Tem
Rebecca D.Schuett,City Clerk