Ordinances-2018-435 - Zoning Code Amendment - Fireworks

as allowed under Iowa Code Chapter 100, and provided there is also compliance with the following: 1. For purposes of this section, “temporary structure” means a tent, canopy, stand or similar enclosure that is not permanently affixed to the land, which is not intended for permanent use, and is erected for the sole purpose of retail sales of consumer fireworks. 2. The temporary structure and site plan for the temporary structure and its use must be approved by the City Building Official. 3. Proof of a valid and current license, and any additional requirements which are a part thereof, issued by the state fire marshal, shall be furnished to the City Building Official, with a copy of any application for the license, and any attachments, provided to the state fire marshal. 4. Proof of maintenance of commercial general liability insurance required by Iowa Code Chapter 100 shall be furnished to the City Building Official. 5. Proof of consent by all current owners of the property where the temporary structure will be located, if they are not the owners of the temporary structure, must be furnished to the City Building Official. 6. The use of the temporary structure may not adversely impact the surrounding area and land uses, which must still comply with all city ordinance requirements. 7. The temporary structure and its use must comply with all state laws and regulations and city ordinances, including, but not limited to, Chapter 122 Peddlers, Solicitors and Transient Merchants, as well as National Fire Protection Association Standard 1124 (2006 Edition). 8. The temporary structure must be removed by July 15 of each year. Section III. Repealer. All ordinances or parts of ordinance in conflict with the provisions of this Ordinance are hereby repealed. Section IV. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 17 day of April 2018, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2018-435, and moved that it be given its first reading. The motion was seconded by Councilperson Ryan. Ayes: Upton, Bartels, Havens, Ryan, Schnedler Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2018-435, was read the first time, discussed, and placed on record.