§ 22-156. Review procedure.

Following a review by the city staff of a complete application, application review fee and other materials submitted for conformity to this article and such other requirements of the code or law as may be applicable, the negotiations with the applicant on changes deemed advisable and the kind and extent of conditions which may be imposed, the completion of all necessary actions by the applicant as may be required by the code or applicable law and after the applicant has addressed the city staff's comments, and provided any requested additional information or materials, the city planner shall place the applicant's request for an itinerant automotive sales permit, as submitted or as modified, on the next available city commission agenda. Thereafter, the city commission shall express its approval and shall state the conditions, if any, of such approval, or, if disapproved, shall express its disapproval and its reasons therefor.

In considering the applicant's request, the city commission shall, at a minimum, consider:

(1)

The suitability of the site to host an itinerant automotive sale.

(2)

The potential adverse or negative effect granting an itinerant automotive sale permit could have on surrounding properties or business, including, but not limited to, noise, vibration, air pollution, glare, odor, reduction in parking, security, sanitation, and traffic impacts.

(3)

Disturbances, complaints or problems associated with itinerant automotive sales of a similar character or nature as the proposed itinerant automotive sale, or disturbances, complaints or problems associated with itinerant automotive sales organized by the event organizer in the past.

(4)

Whether the itinerant automotive sale will require additional staffing of public safety personnel by the city.

(5)

Whether the grant of the itinerant automotive sale permit hampers any legitimate city objective or whether the benefit of granting such permit request is outweighed by the denial of such permit request.

(6)

The imposition of conditions reasonably necessary to protect the public health, safety, or welfare.

(7)

Such other criteria or facts considered relevant by the city commission.

Notwithstanding anything to the contrary, unless expressly excepted by the city commission upon the grant of approval for the issuance of an itinerant automotive sales permit, such grant of approval is, at all times, conditional and shall be issued subject to compliance with the standards, criteria, limitations and conditions set forth in this article and the payment of the itinerant automotive sale permit fee of $3,375.00 per permit. Said fee must be paid at the time of issuance and prior to the staging of any equipment or vehicles on the property.

(Ord. No. 04-73, § 2, 11-11-04)