§ 78-446. General regulations.

(a)

Parking. There shall be no on-street parking at any flea market. Each flea market shall provide on-site parking as provided in chapter 134. No parking or parking spaces shall be located on or within any road right-of-way. It shall be the responsibility of the promoter, operator or owner to ensure at all times that no vehicle of any vendor, customer, patron, visitor, guest, invitee or other person frequenting the flea market is parked on any street or road or street or road right-of-way or off the site of the flea market, but is parked in a space acceptable under the county parking regulations and this section.

(b)

Ingress and egress. The flea market owner or operator shall do whatever is necessary, based upon the circumstances of his individual property, to ensure ingress and egress only at curb cuts and locations approved by the county department of transportation.

(c)

Outside storage or sales. There shall be no outside storage of any kind whatsoever. There shall be no outside sales of any kind whatsoever from any space, stall, shed or area which is not permanently covered by a roof and completely floored by a concrete floor of a minimum thickness of four inches except at locations designated as such and approved at the time of the granting of the use permit. However, no sales or displays shall occur within required parking areas or interfere with general traffic flow.

(d)

Compliance with building regulations. No sales of any kind whatsoever shall be made from any shed, structure or building of any kind unless the structure meets or exceeds the minimum requirements of all county codes (for example, the building code, fire code, plumbing code, electrical code, etc.). Structures shall require building permits and inspections by the county the same as for other construction. Flea markets shall be classified as group M, mercantile occupancy, under the county building code and shall meet all such requirements except that applications for permits for all open structures shall require plans to be submitted which are signed and sealed by an architect or engineer along with design calculations to substantiate compliance with code wind uplift requirements.

(e)

Plumbing and toilet facilities. All plumbing shall meet minimum code requirements, except that each flea market shall provide, at a minimum, for use by the public, facilities based on occupant loads as follows:

(1)

For flea markets located within enclosed structures, the occupant load shall be determined the same as mercantile occupancy and exit capacity.

(2)

For a flea market located in the open air, the occupant load shall be determined as two people for each table, counter or booth of no more than 20 square feet.

(3)

After the occupant load is identified, toilet facilities will be provided the same as for commercial buildings of multiple tenants.

(4)

No temporary bathroom facilities shall be permitted.

(f)

Overnight camping. Notwithstanding the provisions of any other ordinances, no person, including, but not limited to, a flea market promoter, operator, owner, employee, manager, or vendor or invitee, shall be allowed to camp or reside overnight with or without a recreational vehicle, tent, sleeping bag, vehicle or other structure at a flea market, except that the owner may allow a reasonable number of overnight security personnel, who may be either the owner or agents or employees of the owner.

(g)

Sale or keeping of animals. No animal, fish, fowl or insect of any kind shall be sold, traded, housed, caged, bartered, swapped or given away at any flea market.

(Ord. of 10-25-94; Code 1977, § 3-7-208)