§ 45-516. Administrative review of special temporary uses; procedure; fee; permit.

(a)

The intent and purpose of this section is to allow administrative review and provide a permitting process by the city of certain temporary land uses and/or activities of a routine and recurring nature. The director of codes compliance, or designee, shall approve such request upon a finding that the established criteria for those uses contained herein can be met.

(b)

The procedure for administrative review shall commence upon written request by the property owner stating the time-frame, type of activity and/or use, place and specific location of each activity and/or use, accompanied by a site development plan, which shall be submitted to the director of codes compliance. The director of codes compliance, or designee, will refer the request to the site plan review committee for review at their next appropriate regular meeting; a request must be received by the site plan review committee at least seven (7) days prior to a regular meeting to be considered. After review, the committee will transmit its recommendation to the director of codes compliance, or designee. If the director of codes compliance, or designee, deems that all conditions necessary for approval shall be granted, then a letter of approval for the temporary use shall be issued. An appeal of the decision of the director of codes compliance, or designee, may be made by the property owner, provided such appeal is noted, in writing, within thirty (30) days of the date of the decision. Such appeal shall be made to the city manager, who has final authority to act on the request.

(c)

All requests for administrative review shall be accompanied by payment of a two hundred dollar ($200.00) nonrefundable fee.

(d)

A permit for the operation of a circus, carnival, shooting gallery, merry-go-round, ferris wheel, and other forms of public amusement may be granted in any zoning district, other than residential districts, for a period of time not to exceed thirty (30) days or for operation of the sale of seasonal commodities for a period not to exceed one hundred eighty (180) days, excluding Christmas trees which is governed by City Code section 45-505(2); provided that the following conditions have been met or arrangements have been made to assure that such conditions will be met:

(1)

A site plan delineating the overall layout of proposed activities on a tract of land shall be submitted to the director of codes compliance, or designee, for review by the site plan review committee.

(2)

All requirements for the Newport News city building regulations, including but not limited to such provisions for safe and adequate electrical wiring, plumbing, sanitary facilities, water supply and fire protection shall be met.

(3)

A transitional area one hundred (100) feet wide shall be required between amusement activities and the nearest residential zoning district boundary line.

(4)

No amusement activity shall be in operation beyond 11:00 p.m.

(5)

A twenty-five (25) foot wide fire lane shall be maintained around the perimeter of any amusement-related structures or structures from which seasonal commodities are sold.

(6)

No tent or other structures shall be closer than seventy-five (75) feet to any existing building.

(7)

No amusement activity shall be conducted on any city right-of-way.

(8)

No amusement activity in a commercial zoning district shall be conducted on an "open lot area" of less than one hundred thousand (100,000) square feet and shall not exceed an "open lot area" of four hundred thousand (400,000) square feet.

(9)

A statement shall be provided from the city traffic engineer to the effect that ample parking facilities with adequate means for ingress and egress will be provided.

(10)

Evidence that a bond, certified check or cash security in the amount of one thousand dollars ($1,000.00) has been posted with the director of codes compliance, or designee, which bond, certified check or cash security shall be forfeited to the City of Newport News if the ground so occupied is not left in a clean and sanitary condition at the termination or closing of such an enterprise.

(e)

The zoning administrator shall certify within ten (10) days of expiration of the temporary use, to the director of codes compliance, or designee, that the applicant has withdrawn from the site and that the condition of the site and grounds is substantially the same as it was prior to the temporary use.

(Ord. No. 5028-97, § 1; Ord. No. 6893-12)

(Ord. No. 5028-97, § 1; Ord. No. 6893-12)