§ 152.268. TRANSIENT AND SEASONAL SALES.

The sale of seasonal items, examples of which are Christmas trees, flowers and plants, pumpkins, and fruit and beverages, by persons other than the owner or occupant of the premises, shall be permitted on properties located in the Central Business District (CBD), Secondary Business District (SBD), or Public Lands District (PL) that have frontage on Main Street (M-36). Farmers market and other uses related to special events are permitted on public property as approved by the Village Council. Such uses will be subject to the following standards and conditions:

(A) Transient or seasonal sales may be located within any required setback as long as a five foot pedestrian access is maintained, but shall not be located within any public road right-of-way or sidewalk.

(B) Transient or seasonal sales shall not occupy or obstruct the use of any fire lane, required off-street parking or landscape area required to meet requirements of this zoning code, or create a traffic or safety hazard.

(C) Transient or seasonal sales shall be conducted in a manner so as not to create a public nuisance to neighboring properties. Adequate on-site parking together with proper ingress and egress to the site shall be provided.

(D) Transient and seasonal sales shall be allowed only upon a zoning compliance permit issued by the Village Zoning Administrator. To secure a permit, an application for a permit shall be submitted which shall include the following:

(1) Name, address and phone number of the merchant who will conduct the transient and/or seasonal sale;

(2) Written approval for such sales by the legal owner of the property affected;

(3) A plot plan depicting the layout of the area where sales will be conducted, as necessary to determine compliance with this section;

(4) Health department approval, where applicable;

(5) A permit fee as established by the Village Council;

(6) Permit may be revoked by the village if the use becomes a nuisance or fails to comply with the provisions of this section.

(E) Signage for transient or seasonal sales shall be limited to one portable non-illuminated free standing sign with a maximum size of nine square feet per side and a height limitation of four feet six inches.

(F) The permit issued under this section for transient and/or seasonal sales shall be valid for a maximum period of five days from the date of issuance or a period determined by the Village Zoning Administrator. At the end of the permit period, any and all temporary structures shall be removed.

(Ord. 118, passed 6-10-2013)