Chapter 23.35 — TEMPORARY USE PERMITS

This chapter establishes a process for review and approval of uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Community Development Director shall act as the Review Authority for temporary use permits based on consideration of the requirements of this chapter and § 23.22.280.

(Ord. 4823, passed 1-22-24; Ord. 4831, passed 8-26-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

An application for a temporary use permit shall be submitted at least 60 days before the use is intended to begin, pursuant to § 23.31.020.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Community Development Director must make the following findings to approve or conditionally approve a temporary use permit application. The inability to make one or more of the findings is grounds for denial of an application.

(A) With appropriate conditioning, the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

(B) With appropriate conditioning, the proposed site is adequate in size and shape to accommodate the temporary use;

(C) With appropriate conditioning, the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;

(D) With appropriate conditioning, adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Director; and

(E) With appropriate conditioning, the use would not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in § 23.35.040, including the items below. The city reserves the right to have conditions modified or added to address impacts greater than originally anticipated or new impacts not

previously contemplated at the time of approval. The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

• (A) Provision of temporary parking facilities, including vehicular access and egress.

• (B) Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

• (C) Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards.

• (D) Provision of sanitary and medical facilities.

• (E) Provision of solid waste collection and disposal.

• (F) Provision of security and safety measures.

• (G) Regulation of signs.

• (H) Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested.

(I) Submission of a performance bond or other surety devices to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

• (J) Submission of a site plan indicating any information required by this chapter.

• (K) Requirement that the approval of the temporary use permit is contingent upon compliance with applicable provisions of other ordinances.

• (L) Such other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accord with the intent and purpose of this chapter.

• (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

• (A) Appeals. Temporary use permit decisions may be appealed as provided for in § 23.31.120.

• (B) Expiration, extensions, and revisions. Temporary use permit approvals may only be expired, extended, or modified as provided for in Chapter 23.31.

• (C) Revocation. Temporary use permit approval may be revoked pursuant to § 23.31.110, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)