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No property owner shall conduct or permit to be conducted a special activity as defined in this section of the Zoning Ordinance on his/her land without first obtaining a Zoning Permit from the Director.

A. Special Activity. A special activity is any of the following temporary (60 consecutive days or less unless otherwise restricted) uses of private property:

1. Outdoor sale of Christmas trees, pumpkins, or other produce, goods or merchandise.

2. Outdoor swap meets or flea markets.

3. Carnivals, circuses, rodeos, fairs, festivals, tent sales, open air theaters, exhibits, games of skill, rides, booths, concession stands and other temporary entertainment events open to the public which are held out-of-doors.

B. Application. An application for a zoning permit shall be filed with the Director by the owner of the property where the special activity will occur or their agent. An application for a zoning permit shall be filed no less than thirty (30) days nor more than six months prior to the date the special activity is to commence. Upon a showing of good cause, the Director may process an application filed less than 30 days before the activity date if sufficient time remains to investigate the application. Waiver of application fee may be permitted by the Director upon proof of non-profit status of the applicant.

C. Accompanying Documents. The application shall be accompanied by drawings and a plot plan showing the lot lines and dimensions and locations of improvements with dimensions and any other necessary data.

D. Issuance of Permit. The Director shall issue a zoning permit unless it is determined from a consideration of the application or other pertinent information, that:

1. The operation or location of the proposed special activity would violate any provision of the Petaluma Municipal Code and Petaluma Zoning Ordinance including, but not limited to, the Performance Standards specified in Chapter 21 of the Zoning Ordinance.

2. The operation or location of the proposed special activity would adversely affect surrounding uses or structures.

E. Permit Conditions. The Director may condition the issuance of a zoning permit by imposing reasonable requirements with respect to location, construction, maintenance, operation and duration to insure compliance with the Zoning Ordinance and to protect surrounding uses and the safety of persons and property. Such conditions include but are not limited to:

1. Restrictions as to proximity to adjacent land.

2. Restrictions on hours of operation and duration of the special activity.

3. Restrictions to insure compliance with the performance standards in Chapter 21 of the Zoning Ordinance including restrictions on noise generating equipment and amplified sound systems.

4. Off-street parking requirements and conditions concerning accommodation of pedestrian and vehicular traffic in the vicinity of the special activity.

5. Restrictions on use and placement of signs.

6. Requirements and restrictions on use of lighting.

7. Requirements for the use of garbage containers and cleanup during the special activity, and clean-up/restoration of the property immediately following the termination of the special activity.

F. Duration of Permit. The zoning permit shall be issued by the Director for a period not to exceed 60 consecutive days in any one calendar year.

G. Revocation. The Director may revoke a zoning permit for failure of the permittee to comply with all the terms and conditions of the permit or for violating the Petaluma Municipal Code, or the Zoning Ordinance.

H. Appeal. As prescribed in Section 24.090. (Ord. 2811 § 4, 2022.)