Big Bear Lake Municipal Code Ch. 5.96 Temporary Commercial Uses and Special Events

The purpose of this chapter is to regulate permanent and temporary commercial uses, and in so doing, benefit the public health, safety, and welfare by ensuring compatibility of land uses and adequacy of parking, by minimizing vehicular and pedestrian congestion, energy consumption, noise and sight pollution, unfair competition between commercial uses, and sign clutter.

(Ord. 83-83 § 1, 1983)

As used in this chapter, the following words and phrases shall have the meanings indicated:

A. "Commercial yard sale" means any outdoor commercial use, located within a commercial district and on the same property as a permanent commercial use, where the nature of the merchandise sold or services rendered is atypical from that normally sold or rendered by the permanent commercial use.

B. "Outdoor display" means the display of merchandise sold by a permanent commercial use, at the site of said use and outside the confines of a structure.

C. "Residential yard sales" means the sale of personal goods from a private residence located within a residential district.

D. "Temporary commercial use" means and includes any commercial activity of a noncontinuous and intermittent nature conducted for profit but not necessarily for livelihood. Such uses may include but shall not be limited to commercial yard sales, swap meets, festivals, fairs, art shows, vendors and peddlers, and special events.

E. "Temporary use site" means a site of one acre or more which has been approved by the planning commission at a public hearing for use by approved temporary uses. Such uses may include and are not limited to yard sales, swap meets, festivals, fairs, art shows and special events.

(Ord. 83-83 § 2, 1983)

A. All residential yard sales shall comply with the following requirements:

1. No more than four yard sales shall be permitted per year by any one person or any single parcel or group of contiguous parcels held under the same ownership commonly known as multiple family yard or garage sales.

2. No such use shall be located in or obstructing the public right-of-way.

3. No off-site directional signs shall be permitted.

B. All outdoor displays and commercial yard sales shall comply with the following requirements:

1. No more than four such activities shall be permitted per year per applicant and/or site.

2. No such activity shall be located in or obstructing the public right-of-way.

3. No such activity shall be located on a vacant lot except Christmas tree sales and firewood sales.

4. No temporary structures shall be erected or located on the site of such activities, except Christmas tree sales and firewood sales.

5. The point of exchange shall be in an enclosed structure, except Christmas tree sales and firewood sales.

6. No such activity shall be permitted in residential districts.

C. All fairs, festivals, art shows, swap meets and special events shall comply with the requirements in subsection B(1), (2) and (6) of this section.

D. All temporary use sites shall be regulated by the requirements in subsection B(2) and (6) of this section.

(Ord. 83-83 § 3, 1983)

Nothing in this chapter shall require the following uses to obtain a temporary use business permit:

A. Residential yard sales;

B. Outdoor Displays. Permanent business conducting outdoor displays shall submit a plot plan to the community development department for review and approval. Community development department approval shall be based on the following criteria:

1. Provisions for adequate parking,

2. Noninterference with existing on-site parking and vehicular and pedestrian movement,

3. Shall not create any traffic hazards through distractive measures and/or location,

4. Possession of a valid business permit,

5. Proposed hours and dates of operation, nature of merchandise sold, and/or type of activities conducted,

6. Sign review and approval;

C. Religious, charitable or civic organizations who notify the community development director of their existence and the dates upon which they intend to conduct such activity.

(Ord. 83-83 § 4, 1983)

Temporary Commercial Uses. All temporary commercial uses shall be regulated by the standards set forth in this chapter and by applicable standards set forth in the Big Bear Lake development code and this code.

A. Commercial Yard Sales.

1. Prior to the issuance of a business permit, persons desiring to conduct such uses shall obtain plot plan approval from the community development department. Approval shall be based on the following standards being established, and failing such standards, approval shall be denied:

a. Provisions for Adequate Parking. Applicants shall provide a minimum of one parking space for each five hundred square feet of lot area where such activities are proposed to be conducted,

b. Noninterference with existing on-site parking and vehicular and pedestrian movement,

c. Shall not create any traffic hazards through distractive measures and/or location,

d. Provisions for adequate fire safety;

e. Provisions for adequate sanitary facilities and garbage disposal,

f. Proposed hours and dates of operation, nature of merchandise sold, and/or type of activities conducted,

g. Sign review and approval;

2. In addition to the business permit fee, applicants shall pay a fee for processing of the plot plan. The amount of the processing fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing. Applicants shall obtain a city of Big Bear Lake sales tax number.

B. Fairs, Festivals, Art Shows, Swap Meets and Special Events.

1. Prior to issuance of a business permit, persons desiring to conduct such uses shall obtain plot plan approval from the planning commission at a public hearing. Approval shall be based on the following criteria:

a. See subsection A(1)(a-g) of this section,

b. Adequate provisions for dust control,

c. Adequate provisions for minimizing sight and noise pollution to surrounding residential uses,

d. A general cashier shall accept all monetary payments for the exchange of goods or services, or monetary payments may be exchanged at the individual booths where goods and services are sold or rendered;

2. In addition to the business permit fee, applicants shall pay a fee for processing of the plot plan. The amount of the processing fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing. Applicants shall obtain a city of Big Bear Lake sales tax number.

(Ord. 329 § 1(aa), 2002; Ord. 2002-326 § 1(part), 2002; Ord. 83-83 § 6, 1983)

Temporary use sites shall be regulated by the standards set forth in this section.

A. Persons operating temporary use sites shall obtain a business permit. Individual uses locating within a predesignated temporary use site shall not be required to obtain a business permit. Issuance of a business permit shall be conditioned upon planning commission approval of a plot plan at a public hearing. Thereafter, each additional review of a given site shall be approved by the community development department. Approval shall be based on the following criteria:

1. See Section 5.96.050 (B)(1)(a, b, c, d);

2. Minimum lot size of one acre.

B. In addition to the business permit fee, applicants shall pay an initial processing fee of one hundred dollars; thereafter, each review of a given site shall cost twenty-five dollars. Applicants shall obtain a city of Big Bear Lake sales tax number.

C. Temporary use site shall terminate upon thirty days' written notice to cease operation, and by acceptance of a temporary site use permit, applicant waives right to claim an existing nonconforming use, unless the applicant shall so waive, no temporary use permit shall be valid.

D. Temporary use site permits are discretionary, and the city may issue or not issue such permits within its discretion.

(Ord. 83-83 § 8, 1983)

Upon plea or conviction for a violation of this chapter, a fine of one hundred dollars shall be imposed, no part of which shall be suspended. A second or subsequent violation of this chapter shall be a misdemeanor.

(Ord. 83-83 § 9, 1983)