Copyrighted by the City of Springdale & Municipal Code Corporation, 1998.

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Sec. 3. Commercial districts in general.

3.1 Accessory structures. Accessory structures and uses shall be subject to the applicable use conditions set forth in this article.

A. Permanent structures.

1. Located on the rear two-thirds (2/3) of the lot, but limitation shall not apply to carports, and garages provided that the required front yard is observed.

2. Shall be located in accordance with adopted fire codes from any existing structure or structure under construction and all setback requirements.

B. Portable structures.

1. May not exceed one hundred sixty (160) square feet.

2. Not allowed in the front setback.

3. May be placed within the setbacks and/or utility easement as long as the structure is on skids and moveable with the understanding by the property owner that should work be required in the easement the structure will be moved at the owner's expense.

4. Cannot be connected to any utilities.

3.2 Access to structures. Every building hereafter erected or moved shall be on a lot adjacent to an improved public street or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

3.3 Automobile garages. In any district where permitted, automobile garages shall be subject to the regulations set forth in subsection 3.6 of this article for drive-in facilities, and all appurtenances used for repair or servicing of vehicles which are not enclosed shall be located at least twenty-five (25) feet from a street right-of-way line and fifty (50) feet from any lot line of an agricultural or residential district.

3.4 Automobile wash service. Automobile wash service shall be required to have a front setback of fifty (50) feet and be subject to the provisions set forth in subsection 3.6 for drive-in facilities. The following provisions shall also be required:

1. A screening wall in accordance with the provisions of chapter 56 of this Code shall be provided if the use is located on a lot abutting an agricultural or residential district.

2. Washing of autos shall be entirely within a bay enclosed by at least two (2) walls.

3.5 Temporary open-air enterprises.

1. Definitions. When used in this chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

a. Goods, wares, or merchandise shall include but not be limited to animals, fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers appliances, wearing apparel, jewelry, ornaments, art work, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks.

b. Public way means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.

c. Special event means any occasion including but not limited to Rodeo of the Ozarks, FeatherFest, or city wide celebrations, and festivals taking place within a specifically defined area of the city for a period of time not to exceed five (5) days.

d. Temporary open-air enterprise means any person, firm or corporation offering and exposing goods, wares, or merchandise for sale at a non-permanent location by exhibiting, displaying, selling, or offering for sale such products. This definition does not include those persons vending from a motor vehicle who visit multiple private property sites on a daily basis for no more than one (1) hour per site and who have obtained a business license from the city. The term "temporary open-air enterprise" is also used in this chapter interchangeably with the word "vendor" or "vending."

e. Non-permanent location means any location that has no utilities hooked up to a structure and that has no permanent building foundation.

2. It shall be unlawful for any person to operate a temporary open-air enterprise unless:

a. The open-air enterprise is located in a C-1, C-2, or C-5 zone,

b. Is not located within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2,

c. The property on which the temporary open-air enterprise is to be located is in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8, and

d. The person has obtained a license from the city clerk's office, including the posting of a bond if such bond is required under this chapter.

3. Application for license. The application for a temporary open-air enterprise license shall contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to:

a. The applicants full name, current address, telephone number and proof of identity, together with a full face photograph of the applicant, not less than two (2) inches square, nor more than three (3) inches square.

b. A brief description of the nature, character and quality of goods, wares or merchandise to be offered for sale.

c. The specific location in which the vendor intends to conduct business, along with a site sketch illustrating how the applicant will comply with the regulations and restrictions contained herein.

d. Proof of a state sales tax identification number, or proof that the applicant has applied for a state sales tax identification number.

e. If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation.

f. A complete listing of any other licenses or permits issued to the applicant by the city within the five (5) years immediately preceding the date of the application.

g. The application must also be accompanied by a bond of five hundred dollars ($500.00), if the applicant does not already operate a permanent enterprise within the city which has been granted a business license by the city, and which sells similar goods, wares and merchandise at the permanent enterprise as are being proposed to be sold at the temporary open-air enterprise. The bond required herein shall ensure performance of services, delivery of merchandise and proper application of monies received therefore. The bond will be refunded to the licensee if no claims have been filed against the licensee forty-five (45) days after the expiration of the permit.

4. Issuance of license.

a. The applicant shall be notified in writing by the city clerk's office of the city's decision to issue or deny the temporary open-air enterprise license not later than ten (10) days after the applicant has filed a completed application with the city.

b. Each license shall show the name and address of the licensee, the location at which the vending will be conducted, the kinds of goods to be sold, the amount of the license fee, the date of issuance, and the license number.

c. All licenses and permits issued under this section are valid for seven (7) days and may be renewed for an additional seven (7) days for the same location. No vendor shall operate at the same location in excess of fourteen (14) days within a one-year period. Licenses are issued seven (7) days at a time and therefore the seven-day license may be renewed one additional time for the year.

5. Reserved.

6. License fees. Any temporary open-air enterprise granted a license under this chapter shall pay a fee of fifty dollars ($50.00), and if renewed for an additional seven (7) days, shall pay an additional fifty dollars ($50.00). For a temporary open-air enterprise permit for special events, if a license is required, the fee shall be ten dollars ($10.00) per day a temporary open-air enterprise is operating at the special event.

7. Display of identification. Any license or permit issued by the city clerk shall be carried with the licensee whenever the vendor is engaged in vending. If a health certificate is required, the vendor shall also display the health certificate.

8. Notification of name or address. All vendors shall ensure that a current and correct name, residence address and mailing address are on file with the city clerk's office. Whenever either the name or address provided by a license vendor on his application for a vending license changes, the licensee shall notify the city clerk within five (5) days of such change and provide the same with a name change or address change.

9. Exemptions. The licensing provisions of this chapter do not apply to:

a. Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;

b. The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paper bound books;

c. The distribution of free samples of goods, wares and merchandise by any individual from his person;

d. Farmers and growers selling fruits and vegetables which they have grown, provided these products are sold on parking lots where the owner has granted permission;

e. Charitable organizations, such as Girl Scouts, Boy Scouts, on the property of another, so long as the owner of the property consents.

f. Persons operating temporary open-air enterprises at special events, so long as the temporary open-air enterprise is located totally within property owned, occupied, or leased by the operators of the special event. No temporary open-air enterprises are allowed on the premises of, or within the geographical area of, a special event without the prior approval of the operator of the special event. The geographical area of the special event shall be established by the operator of the special event.

10. Restrictions. All temporary open-air enterprises are further restricted from operating:

a. Within fifty (50) feet of a street intersection or pedestrian crosswalk;

b. Within fifty (50) feet of any driveway, loading zone, or bus stop;

c. On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;

d. Within fifty (50) feet of any fire hydrant or fire escape;

e. Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;

f. Within fifty (50) feet of an unobstructed pedestrian space;

g. Within fifty (50) feet of a building entrance or exit;

h. On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway;

i. Between the hours of 10:00 p.m. to 7:00 a.m. except special events;

j. With any flashing sign, or with any other sign that does not meet the requirements of a temporary sign (Section 98-61).

11. No person authorized to operate a temporary open-air enterprise under this chapter shall do any of the following:

a. Unduly obstruct pedestrian or motor vehicle traffic flow;

b. Obstruct traffic signals or regulatory signs;

c. Conduct any vending upon a public way;

d. Conduct any vending upon private property of another, unless the owner of the private property has consented to such vending in writing;

e. Sound any device that produces a loud and raucous noise in violation of city ordinance, or violate any other city ordinances in connection with the vending operation.

12. Temporary open-air enterprises shall keep their vending sites clean and free of paper or refuse of any kind generated from the operation of their business. All trash or debris accumulating within twenty (20) feet of any vending stand should be collected by the vendor and deposited into a trash container.

13. In addition to any penalty contained herein, any license issued out of this chapter may be suspended or revoked for any of the following reasons:

a. Fraud, misrepresentation, or knowingly making a false statement contained in the application for the license;

b. Fraud, misrepresentation, or knowingly making a false statement in the course of carrying on the business of vending;

c. Conducting the business of vending in any manner contrary to the conditions of the license or this chapter;

d. Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public, health, safety, welfare or morals, or interfere with the rights of abutting property owners.

14. The building inspector and the chief of police shall be responsible for enforcing this ordinance. If the city revokes a vending license or permit, the fee already paid for the license or permit shall be forfeited. Any persons whose license or permit has been revoked under this section may not apply for a new license for a period of one year from the date the revocation took effect.

15. Appeals. If the city clerk denies the issuance of a license or permit, or the building inspector suspends or revokes a license or permit, or orders the cessation of any part of the business operation conducted under the license or permit, the aggrieved party may appeal the decision to the mayor's office, and then if not satisfied with the outcome of the appeal, to the city council.

16. Each sales transaction completed in violation of the terms of this subchapter shall be considered a separate violation for purposes of Article 10.

3.6 Drive-in facilities. Drive-in facilities, including but not limited to, banks, convenience stores, mini-storage, restaurants, theaters, gasoline stations, garages, automobile washes, and parking lots shall be subject to the following conditions:

1. Paving and curbing. All vehicular use areas shall be a permanent surface of concrete or asphalt, in accordance with article 7 section 8. A continuous raised concrete curb of not less than six (6) inches of height shall be constructed along and parallel with the entire street right-of-way lane except for driveway openings.

2. Screening wall. A screening wall as provided in chapter 56 of this Code shall be erected and maintained along the common boundary of any abutting property in an agricultural or residential district.

3.7 Establishments that dispense gasoline. An establishment that dispenses gasoline shall be subject to the following requirements:

1. Establishments shall be regulated by bulk and area requirements of the district in which it is located, but in no case shall the site for such a use be less than the following:

a. Minimum lot area: Ten thousand (10,000) square feet.

b. Minimum frontage: One hundred (100) feet.

c. Maximum width curb cuts or driveway width: Forty (40) feet.

d. Minimum distance of driveways from the curb line at the street: Forty (40) feet for local street, seventy-five (75) feet for major collector and one hundred (100) feet for arterial as per master street plan.

e. Minimum setback of service building from all street right-of-way lines: Fifty (50) feet.

f. Minimum setback of pump island, compressed air connection and similar equipment from all street right-of-way and property lines: Twenty-five (25) feet.

g. Minimum setback of pump island canopy from all street right-of-way and property lines: Twelve (12) feet.

2. Washing of autos shall be entirely within a bay enclosed by at least two (2) walls.

3.8 Prefabricated and modular construction. Modular and other prefabricated office structures shall meet the requirements of the governing district; however, that the term "modular structures" or "prefabricated structures" shall not include a manufactured or mobile home whether or not same be equipped with undercarriage.

In addition, it shall be necessary for all units to meet the following requirements:

1. Zoning district regulations.

2. The building codes of the city.

3. Be secured to a permanent masonry or concrete foundation.

4. Have permanent water and sewer connections.

3.9 Enclosure of commercial businesses. All commercial businesses other than temporary open-air enterprises shall be operated within a structure located on a permanent foundation and meeting the appropriate building codes as adopted by the city.

3.10 Screening of commercial businesses. All commercial businesses must screen in conformance with the provisions of chapter 56 of this Code. If a commercial business provides outdoor storage of vehicles, materials and supplies, or equipment such areas must be screened with an eight-foot opaque wood, masonry or metal screening fence.

3.11 Temporary construction office. A contractor, subdivider or developer my obtain a permit for a temporary construction office, to be located on the property where the construction or development is located, provided:

1. For building construction, the temporary construction office must be removed as soon as the "certificate of occupancy" is issued for the permanent building.

2. For a subdivision, the temporary office must be removed immediately upon approval of the final plat.

Under no circumstances shall the temporary construction office be used as a sales office and is specifically only to be used for the purpose of a temporary construction office.

3.12 Landscape and buffering requirements. See chapter 56 of this Code.

3.13 Recreational vehicle park development standards. Parks shall be occupied only by recreational vehicles ("RV") as defined in this chapter and dependent vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports may be attached to any recreational vehicle.

1. Minimum park area shall be one (1) acre.

2. Sites. Each site shall be a minimum of one thousand five hundred (1,500) square feet in area and thirty (30) feet in width.

3. Off-street parking. Off-street parking shall be constructed in accordance with article 7 of this chapter.

4. Building setbacks. The building setbacks shall be in accordance with the setbacks required by the zoning district in which the RV park is located.

5. Site setbacks. Each site shall be set back from the side and rear boundary lines a minimum of ten (10) feet. The minimum front setback shall be twenty-five (25) feet. RVs shall be separated from each other and from other structures by at least fifteen (15) feet.

6. Service buildings. Every RV park shall provide at least one service building equipped with one toilet, lavatory and shower for each sex for each one hundred (100) RV sites, or fractional part thereof.

Every park providing sites for dependent vehicles and tents shall provide the following sanitary facilities within three hundred (300) feet of the sites to be served: Dependent vehicle and tent sites
ToiletsUrinalsLavatoriesShowers
MenWomenMenMenWomenMenWomen
1--151111111
16--301212211
31--452213311
46--602323322
61--803424422
81--1003424433

Note: A service sink with a flush rim shall be provided for the disposal of liquid wastes unless a sanitary station is conveniently accessible for this purpose.

For RV parks having more than one hundred (100) dependent vehicle and tent sites there shall be provided: one (1) additional toilet and lavatory for each gender per each additional thirty (30) sites; one (1) additional shower for each gender per each additional forty (40) sites; and one (1) additional men's urinal per each additional one hundred (100) sites.

7. Water supply. Each RV, dependent vehicle and tent site shall be provided with an individual water-service connection.

8. Sewage disposal. A sanitary station shall be provided for every one hundred (100) RV sites or fractional part thereof.

9. Electrical service. Each RV, dependant vehicle and tent site shall be provided with an electrical outlet supplying at least 115 volts.

10. Refuse disposal. The storage, collection and disposal of refuse in the park shall be so conducted as to create no health hazard, rodent harborage, insect breeding area, accident or fire hazard.

3.14 Self-supporting tower or antenna structure or monopole standards.

A. Setback requirements. A self-supporting tower, antenna structure or monopole shall be set back one hundred fifty (150) percent of the total height of the structure plus antenna when adjacent to the property line of any existing residential use. (Note: A variance of this setback requirement shall not be granted.)

B. Development standards and mitigation measures.

1. Tower, site, and building will be subject to site plan approval by the planning commission in accordance with article 2, section 13.

2. Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) approval is required for all tower installations. All monopoles or self-support towers higher than one hundred (100) feet shall be required to have FAA approval before a building permit is issued. The permit must include the tower height plus twenty (20) feet.

3. Lighting shall be minimized. A dual light obstruction (OL-2) kit must be installed at the top of the tower for any structure between one hundred fifty (150) feet and one hundred ninety-nine (199) feet. If FAA requires more lighting than the OL-2 light kit, a dual beacon light kit shall be installed. For daytime, a medium intensity strobe converting to a red dual bulb blinking beacon at twilight is required. The dual beacon light kit would be required to eliminate painting requirements.

4. All structure material and hardware to be of galvanized material.

5. If a back up generator is installed, a "residential" type muffler not powered by a gasoline engine is required. Fuel storage guidelines will be strictly enforced and the generator exerciser timer must be adjusted for daytime hours.

6. All structures must conform to RS222-d or latest national code that includes foundation, electrical, steel, etc. The applicant's engineer must certify to the city that all construction is in compliance with adopted codes.

7. A wood fence eight (8) feet or higher is required to be installed around the exterior lot line. The housing structure must be of standard communications specifications allowing it to blend into normal neighborhood surroundings.

8. A plan of vegetation control for inside, under and outside the fence is required for all tower installations.

9. Projects will be designed to allow a secondary installation on a single site, where technically feasible and visually desirable.

10. Applications for new or expanded facilities shall contain long-range plans which project market demand and expansion needs.

3.15 Light and glare. To protect adjoining uses and vehicular traffic in the right-of-way, the following provisions shall apply to the generation of light and glare in multifamily and commercial districts.

A. Applicability. The requirements of this section shall be imposed for all new construction of commercial and multifamily developments.

B. All exterior lighting fixtures in parking areas and driveways shall utilize cutoff shields or other appropriate measures to conceal the light source from adjoining uses and rights-of-way. Other lights shall be designed to minimize spillover glare beyond the site boundaries.

C. Interior lighting in parking garages shall utilize appropriate shielding to minimize spillover upon adjacent uses and the right-of-way.

3.16 Mobile vending sites.

1. Definitions. When used in this chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

a. Goods, wares, or merchandise shall include but not be limited to animals, fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers appliances, wearing apparel, jewelry, ornaments, art work, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks.

b. Mobile vending unit shall include any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground which is used to sell goods, wares, merchandise or food.

c. Mobile vendor shall include a person who peddles, vends, sells, displays or offers to sell good, wares or merchandise, or food from a mobile vending unit. This term does not include a mobile vending unit that visits multiple private property sites on a daily basis for no more than one (1) hour per site. This term also does not include temporary open-air enterprises, which are regulated by Article 6, Section 3.5.

2. All mobile vending sites shall be subject to the requirements of Article 2, Section 12, conditional uses on appeal to planning commission. In addition:

a. The mobile vendor must present proof of a state sales tax identification number, or proof that the mobile vendor has applied for a state sales tax identification number.

b. If the mobile vendor is employed by another, the name and address of the person, firm, association, organization, company or corporation.

3. Additional restrictions on mobile vending sites:

a. If a mobile vendor is located on property which has another use, the mobile vending unit shall be considered an accessory use, and i) may not exceed one hundred sixty (160) square feet; ii) may not be located in the front setback; and iii) cannot be connected to any utilities.

b. A mobile vendor may not operate between the hours of 10:00 p.m. and 7:00 a.m.

c. The property on which the mobile vending site is to be located must be in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8.

d. A mobile vending unit shall not be located less than one thousand three hundred twenty (1,320) feet measured in a straight line from another mobile vending unit on the same side of the street. The measurement shall be made from a line drawn around the mobile vending unit, with the line being at all points ten (10) feet from the nearest point of the mobile vending unit. Provided, however, that no more than two (2) mobile vending units shall be permitted on the corner lots at any intersection.

e. Mobile vending units shall not be located so as to obstruct parking spaces required for the operation of any other use on the site.

f. Mobile vendors must maintain on the site a minimum of three parking spaces designated for their use.

g. If a health certificate is required, the vendor shall display the health certificate in a manner visible to customers.

h. All signs must meet the requirements of a temporary sign (Section 98-61). No flashing signs or lights are allowed.

4. Restrictions. All mobile vendors are further restricted from operating:

a. Within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2.

b. Within fifty (50) feet of a street intersection or pedestrian crosswalk;

c. Within fifty (50) feet of any driveway, loading zone, or bus stop;

d. On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;

e. Within one hundred (100) feet of the intersection of an on or off ramp of a freeway and the street to which the ramp exits.

f. Within fifty (50) feet of any fire hydrant or fire escape;

g. Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;

h. Within fifty (50) feet of an unobstructed pedestrian space;

i. Within fifty (50) feet of a building entrance or exit;

j. On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway.

5. Exemptions. The provisions of this chapter do not apply to:

a. Goods, wares, or merchandise temporarily deposited on the sidewalk in the ordinary course of delivery, shipment or transfer;

b. The placing and maintenance of unattended stands or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals and paper bound books;

c. The distribution of free samples of goods, wares and merchandise by any individual from his person;

d. Farmers and growers selling fruits and vegetables which they have grown, provided these products are sold on parking lots where the owner has granted permission;

e. Charitable organizations, such as Girl Scouts, Boy Scouts, on the property of another, so long as the owner of the property consents.

f. Mobile vendors operating at special events, so long as the mobile vending unit is located totally within property owned, occupied, or leased by the operators of the special event. Special event means any occasion including but not limited to Rodeo of the Ozarks, FeatherFest, or city wide celebrations, and festivals taking place within a specifically defined area of the city for a period of time not to exceed five (5) days.

6. No person authorized to operate a mobile vending site shall do any of the following:

a. Unduly obstruct pedestrian or motor vehicle traffic flow;

b. Obstruct traffic signals or regulatory signs;

c. Conduct any vending upon a public way;

d. Conduct any vending upon private property of another, unless the owner of the private property has consented to such vending in writing;

e. Sound any device that produces a loud and raucous noise in violation of city ordinance, or violate any other city ordinances in connection with the vending operation.

7. Mobile vendors shall keep their vending sites clean and free of paper or refuse of any kind generated from the operation of their business. All trash or debris accumulating within twenty (20) feet of any vending stand should be collected by the vendor and deposited into a trash container.

8. In addition to the provisions of Article 2, Section 12, a conditional use issued hereunder may be suspended or revoked for any of the following reasons:

a. Fraud, misrepresentation, or knowingly making a false statement contained in the application for the conditional use;

b. Fraud, misrepresentation, or knowingly making a false statement in the course of carrying on the business of the mobile vending site;

c. Conducting the business of the mobile vending site in any manner contrary to the conditions of the conditional use or this subchapter;

d. Conducting the business of the mobile vending site in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public, health, safety, welfare or morals, or interfere with the rights of abutting property owners.

9. The building inspector and the chief of police shall be responsible for enforcing this ordinance.

10. The granting of a conditional use for a mobile vending site as approved is nontransferable, shall be valid for one (1) year, and shall be valid only for the applicant and only at the location for which it is issued.

11. Variances from these requirements shall not be granted.

12. Each sales transaction completed in violation of the terms of this subchapter shall be considered a separate violation.

13. Any person whose mobile vending unit conditional use has been revoked under this section may not apply for a new license for a period of one year from the date the revocation took effect.

14. There shall be no non-conforming uses for mobile vending sites. All properties not currently in compliance with this ordinance will be required to come into compliance with this ordinance no later than October 1, 2006.

3.17 Flea market, outdoor.

a. All activities of the outdoor flea market rented booths or spaces that are to be conducted in sheds, tents or other portable structures outside a permanent structure shall be considered an accessory uses, and each separate operation i) may not exceed one hundred sixty (160) square feet; ii) may not be located in the front setback; and iii) cannot be connected to any utilities.

b. The property on which the outdoor flea market is to be located must be in compliance with the dustproofing and paving requirements for parking as set forth in Article 7, Section 8.

c. All outdoor activities shall not be located so as to obstruct parking spaces required for the operation of any other use on the site.

d. A minimum of three parking spaces shall be designated for each separate outdoor activity.

e. All outdoor activities shall be provided with at least one service building equipped with flush-type toilet fixtures of a type approved by the state board of health, and other sanitary facilities as required by City regulation. No service building shall contain less than one toilet for females, one toilet for males. For more than ten outside booths or rental spaces an additional lavatory and water closet for each sex shall be provided for every additional ten booths or rented spaces.

f. Service buildings shall:

1. Be located not more than 200 feet from a booth or rented space.

2. Be of permanent construction and be adequately lighted at all times.

3. Be of moisture-resistant material, to permit frequent washing and cleaning.

4. Have adequate heating facilities to maintain a temperature of 70 degrees Fahrenheit during cold weather, and to supply adequate hot water during time of peak loads.

5. Have all rooms well ventilated, with all openings effectively screened.

6. Provide separate compartments with adequate locking devices for each water closet and a sound-resistant wall to separate male and female toilet facilities.

g. If a health certificate is required, the vendor shall display the health certificate in a manner visible to customers.

h. All signs must meet the requirements of a temporary sign (Section 98-61). No flashing signs or lights are allowed.

Restrictions. All outdoor activities are further restricted from operating:

a. Within one hundred (100) feet of any property that is zoned residential pursuant to Article 4, Section 2.

b. Within fifty (50) feet of a street intersection or pedestrian crosswalk;

c. Within fifty (50) feet of any driveway, loading zone, or bus stop;

d. On the median strip of a divided roadway unless the strip is intended for use as a pedestrian mall or plaza;

e. Within one hundred (100) feet of the intersection of an on or off ramp of a freeway and the street to which the ramp exits;

f. Within fifty (50) feet of any fire hydrant or fire escape;

g. Within fifty (50) feet of any parking space or access ramp designated for persons with disabilities;

h. Within fifty (50) feet of an unobstructed pedestrian space;

i. Within fifty (50) feet of a building entrance or exit;

j. On a city sidewalk or other public easement or within twenty (20) feet of a public street or roadway;

k. Any sounding device that produces a loud and raucous noise in violation of city ordinance.

All outdoor flea markets shall keep their rented booths and or spaces clean and free of paper or refuse of any kind generated from the operation of their business.

In addition to the requirements above, all outdoor flea market sites shall be subject to the requirements of Article 2, Section 12, conditional uses on appeal.

Variances from these requirements shall not be granted.

There shall be no non-conforming uses for outdoor flea markets. All properties not currently in compliance with this ordinance will be required to come into compliance with this ordinance no later than December 31, 2007.

(Ord. No. 3307, 3-25-03; Ord. No. 3451, §§ 1, 2, 2-10-04; Ord. No. 3676, § 1, 5-10-05; Ord. No. 3850, § 1, 3-14-06; Ord. No. 3913, § 1, 6-27-06; Ord. No. 3916, § 1, 6-27-06; Ord. No. 4024, §§ 22--24, 2-13-07; Ord. No. 4069, § 1, 6-26-07)

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