NUMB:
971083
VERS:
SUBSTITUTE 5
REF:
XXBY:
ALD. KALWITZ
TITL:
A substitute ordinance relating to the zoning of open-air markets.
SECS:
295-7-118.5 cr
295-14-18 cr
295-312-7-c cr
295-313-7 cr
295-322-7-i cr
295-323-7 rc
295-333-7-h cr
295-342-7-j cr
295-343-7-c cr
295-413-7-k cr
295-422-7-e cr
295-423-7-d cr
295-432-7-d cr
295-433-7-d cr
295-452-7-d cr
295-453-7-f cr
295-462-7-g cr
295-463-7-e cr
295-472-7-i cr
295-473-7-d cr
295-513-7-j cr
295-523-7-j cr
ANLS:
- Analysis -
This ordinance defines "open-air market" as a retail establishment where produce, other foodstuffs or goods typically sold at general retail establishments are displayed for sale, primarily outdoors, for more than 90 days in a calendar year. The ordinance makes open-air markets permitted uses in the neighborhood shopping, local business, regional shopping, C9B (residential and specialty use), C9C (neighborhood retail), C9E (major retail), C9F (office and service) and C9G (mixed activity) zoning districts whenever such markets meet the following requirements:
a. No portion of the outdoor area where goods are displayed for sale shall be located within 150 feet of a residential use.
b. The outdoor display of goods for sale may only occur on a premises containing an enclosed, permanent building.
c. A minimum of one off-street parking space shall be provided for each 500 square feet of outdoor or indoor space devoted to the display of goods for sale.
d. No commercial vehicle with a rated capacity exceeding 1.5 tons shall be parked on the premises.
e. All signs shall comply with the city's sign regulations.
If open-air markets in these zoning districts do not meet all 5 requirements, they are classified as special uses.
This ordinance also makes open-air markets special uses in the commercial service, C9A (high density residential), manufacturing and industrial zoning districts, regardless of whether such markets meet the condition...
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