No



No. 19 -12

AN ORDINANCE

AN ORDINANCE AMENDING THE CODE OF SENOIA, GEORGIA, AT CHAPTER 74, ZONING, ARTICLE IX, SUPPLEMENTAL REGULATIONS, AT SECTION 74-235, USE AND CONSTRUCTION OF TEMPORARY BUILDINGS, BY DELETING THE PRESENT TEXT IN ITS ENTIRETY AND ADOPTING IN LIEU THEREOF A REVISED TEXT CONTROLLING THE USE AND CONSTRUCTION OF TEMPORARY STRUCTURES IN THE CITY; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO RESTATE AND REAFFIRM THE CODE OF SENOIA, GEORGIA, AS MODIFIED HEREBY; TO REPEAL ALL CODE PROVISIONS, ORDINANCES, OR PARTS THEREOF, IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SENOIA, GEORGIA, AND IT IS ESTABLISHED AS FOLLOWS:

Section 1. The Code of Senoia, Georgia is hereby amended at Chapter 74, ZONING, Article IX, SUPPLEMENTAL REGULATIONS, at Sec. 74-235, USE AND CONSTRUCTION OF TEMPORARY BUILDINGS, by deleting the present text in its entirety and adopting in lieu thereof a comprehensive regulation controlling the use and construction of temporary structures in the City of Senoia, to-wit:

“Sec. 74-235. - Use and construction of temporary structures.

These regulations are designed to allow short-term and seasonal commercial uses and activities that are temporary in nature, will not adversely impact the surrounding areas and land uses and that can be terminated and/or removed immediately. Non-commercial uses and activities are exempted from these regulations.

1) Temporary uses are characterized by their short-term or seasonal nature. All temporary uses must take place on an improved lot. Provided that proper applications are filed and approved, temporary commercial activities include activities such as leasing offices, carnivals and fairs, parking lot sales and seasonal sales such as landscape materials and equipment, patio and lawn furniture, Christmas trees, pumpkin sales and produce stands. Provided that proper applications are filed and approved, temporary private uses are constructed for a specific project and removed at the end of the project. These include but are not limited to construction and film trailers and equipment.

2) At least six weeks prior to the event, all sponsors shall submit to the city manager the appropriate application fee set by the mayor and council and an application that contains the following:

a. Event title.

b. Sponsor of event.

c. Dates and times of event, set up, event start and end times and break down/clean up.

d. Chief officer of sponsor organization.

e. Contact information.

f. Activity description.

g. Estimated number of participants.

h. Proposed site plan that includes, but is not limited to vehicular and pedestrian ways, tents, booths, vendors, stage, sound equipment, generators, medical treatment facilities, portable restrooms and light equipment. Provision of a minimum 20-foot emergency access shall be provided.

i. Proposed parking plan shall be submitted with application.

j. Description of the proposed safety plan shall be submitted.

k. If an entry fee or admission is proposed, the fee shall be provided.

l. All temporary uses shall provide a copy of a signed contract for portable sanitary facilities for customers and employees or provide restrooms on the improved lot.

(3). Temporary commercial use permits shall not to exceed 90 days and shall be reissued for a minimum of 90 days. All permits shall and meet the following regulations:

1. No temporary use structure shall be located within a public right-of-way;

2. Adequate and safe ingress and egress to the site, such that the normal traffic pattern is not disrupted. Parking or stopping on the public right-of-way shall be prohibited;

3. No structure or improvement of a permanent nature shall be constructed.

4. Temporary vending and concession trailers are not permitted in the city historic district without authorization of the mayor and council in coordination with an authorized event.

(4) Where allowed by zoning, outdoor promotional and/or seasonal sales events at retail stores, whether freestanding or in shopping centers, provided that the sales area is located on the same lot as the store holding the sales event and selling their own merchandise and goods normally used in the outdoors, including but not limited to, lawnmowers, wheelbarrows, lawn furniture, plants, barbecue grills, play sets, manufactured outdoor storage buildings, etc., do not require a temporary use permit if the business holds a current occupational tax certificate registered with the City of Senoia and is occurring on the same lot as the address of the certificate.

(5) Temporary use permits shall be issued in accordance with the following standards:

a. Real estate sales office located within a subdivision under current development, provided there are no cooking or sleeping accommodations, for a period not to exceed 12 months;

b. Contractor's office and equipment sheds in any district for a period not to exceed 12 months, provided that such office is placed on the property to which it is appurtenant, a final site plan has been approved and a land disturbance permit has been issued;

c. Concessions, except for seasonal produce, for a period not to exceed two months, provided the applicant submits written authorization from the property owner of the site including the proposed activity, date(s) activity is to operate and availability of adequate sanitary and parking facilities. The sale must be conducted within a commercial zoned district, outside of the historic district. The applicant must purchase or provide proof of an occupational tax certificate registered within the state and city;

d. Carnivals, fairs, circuses, craft fairs, outdoor markets concerts, flea markets, car shows and sales, temporary sales of goods, and similar activities shall be allowed one event per quarter per location for a period not to exceed 2 consecutive days and to not take place within 72 hours of a government sponsored or supported by special events. The applicant must provide written authorization from the property owner and have a temporary use permit approved by the city manager or his or her designee. If applicable, inspections will be conducted by the building division and fire marshal;

e. Temporary activities, structures and other requirements deemed necessary as a result of a natural disaster or other public health and safety emergency do not require a temporary use permit and may be authorized by the city manager for the duration of the emergency;

f. Tents used in conjunction with temporary commercial uses shall be permitted in all non-residential zoning districts. Any tent erected under this section which has an area of 200 square feet or more, requires a temporary use permit and submission of a flame retardant or flame resistant certificate; and

g. Temporary uses, with the exemption of fireworks, associated with existing businesses registered in the city and all businesses sanctioned by the state to conduct business in the state are exempt from permitting and fees. The maximum number of temporary use events to a single fixed business location shall be eight per year.

h. No open flames.

i. Trash receptacles to be emptied at the end of each day of the event and removed from the premises to an approved disposable location, not to include the city owned receptacles.

j. Outdoor Markets, craft fairs and flea markets will also need to comply with the Outdoor Market regulations.”

Section 2. All ordinances and Code sections, or parts thereof, in conflict with the foregoing are expressly repealed.

Section 3. Should any provision of this ordinance be rendered invalid by any court of law, the remaining provisions shall continue in force and effect until amended or repealed by action of the municipal governing authority.

Section 4. Except as modified herein, The Code of Senoia, Georgia, is hereby reaffirmed and restated. The codifier is hereby granted editorial license to include this amendment in future supplements of said Code by appropriate section, division, article or chapter. The city attorney is directed and authorized to direct the codifier to make necessary minor, non-substantive corrections to the provisions of this Code, including but not limited to, the misspelling of words, typographical errors, duplicate pages, incorrect references to state or federal laws, statutes, this Code, or other codes or similar legal or technical sources, and other similar amendments, without necessity of passage of a corrective ordinance or other action of the Mayor and Council. The city clerk shall, upon the written advice or recommendation of the city attorney and without the necessity of further council action, alter, amend or supplement any non-codified ordinance, resolution or other record filed in his or her office as necessary to effect similar non-substantive changes or revisions and ensure that such public records are correct, complete and accurate.

Section 5. This ordinance shall become effective immediately upon adoption on a single reading.

Public Hearing and Single Reading: September 16. 2019

_________________________________________

Jeffrey Fisher – Mayor

Attest:

__________________________________________

Debra J. Volk- City Clerk

(SEAL)

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