§ 9107.23

The purpose of this Section is to allow for short term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Section.

For purposes of this Section, a temporary (short-term) land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and generally not conducted for more than 30 consecutive days in duration.

A.

Minor Short-Term Activities. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.

B.

Temporary Use Permit Required. In compliance with Subsection 9107.23.050 (Allowed Temporary Uses), below, temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit approved in compliance with this Section.

C.

Categories of Land Uses. The following three categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, location, size, and type of use:

1.

Exempt Temporary Uses. Exempt temporary uses are identified in Subsection 9107.23.040 (Exempt Temporary Uses), below; and

2.

Temporary Uses Requiring a Temporary Use Permit. Temporary uses requiring a Temporary Use Permit are identified in Subsection 9107.23.050 (Allowed Temporary Uses), below.

3.

Activities Located within the RTE (Race Track Event) Overlay and S-1 Zone.

a.

RTE (Race Track Event) Overlay. All Temporary Use Permit applications for temporary activities to be conducted within the RTE (Race Track Event) Overlay, shall require action by the applicable Review

Authority specified in Subsection D (Applicable Review Authority) below.

b.

S-1 Zone. For every reference to activities conducted within the RTE (Race Track Event) Overlay, it shall also be understood to include activities within the S-1 zone.

D.

Applicable Review Authority. The applicable Review Authority for Temporary Use Permits shall be in compliance with the following:

1.

Director. Temporary Use Permits for activities to be conducted in all locations within the City, except for those activities conducted within the RTE (Race Track Event) Overlay, shall be subject to the review and determination by the Director. No notice shall be required.

2.

Events within the RTE (Race Track Event) Overlay. Temporary Use Permits for those activities to be conducted within the RTE (Race Track Event) Overlay shall be subject to the review and determination by the following Review Authorities:

a.

Director. If the activity will host less than 10,000 people at any one time, or drive thru/drive-in event the permit shall be subject to the review and determination by the Director. No notice shall be required. For a one-day event that draws more than 10,000 people at any one time, it may be approved by the Director.

b.

Council. If the activity will exceed the thresholds specified in Subparagraph a., above, the permit shall be referred to the Council for review and determination.

3.

Events within the RTE (Race Track Event) Overlay - Recurring Events.

a.

Temporary Use Permits for recurring activities (previously approved annually occurring activities that exceed the thresholds specified in Subparagraph a., above) to be conducted within the RTE (Race Track Event) Overlay shall be subject to the review and determination by the Director.

b.

The Director shall have the authority to review and make a determination on an application submitted for a subsequent or recurring activity that exceeds the size and/or duration thresholds, or the Director may refer the application to the Council for their review and determination.

c.

In order to approve a recurring activity that exceeds the thresholds specified in Subparagraph a., above, the Director shall first make all of the following findings:

(1)

The previous activity complied with City's Noise Ordinance requirements; and

(2)

All conditions of approval for the previously approved Temporary Use Permit were satisfactorily met and adhered to throughout and following the event.

d.

If the findings specified in Subparagraph c., above, cannot be made, the application shall be referred to the Council for review and determination.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

9107.23.040 - Exempt Temporary Uses.

The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection 9107.23.050 (Allowed Temporary Uses), below.

A.

Construction Yards — On-Site.

1.

On-site contractors' construction yard(s), in conjunction with an approved construction project on the same parcel.

2.

One adult caretaker may be present during non-construction hours.

3.

The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

B.

Yard Sales Conducted on Private Property. Yard sales conducted on private property when conducted in compliance with Section 9104.02.360 (Yard Sales).

C.

Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Council.

D.

Publicly-Owned Property. Events that are to be conducted on publicly owned property and rights-of-way and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

E.

Temporary Portable Storage Containers on Residential Property. Temporary Portable Storage Containers located on residential property that comply with standards listed in Subsection 9104.20.320 (Storage Containers - Temporary Portable).

The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Subsection 9107.23.090 (Conditions of Approval), below. Activities conducted on sites located within the RTE (Race Track Event) Overlay or S-1 zone may be allowed longer or recurring time periods within which to operate in compliance with Subparagraph 9107.23.030 D. (Applicable Review Authority), above.

A.

Car Washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Internal Revenue Code.

B.

Contractors' Construction Yards — Off-Site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

C.

Events.

1.

Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, non-profit fund raising, rodeos, rummage sales, second-hand sales and swap meets for 14 consecutive days or less, or six two-day weekends, within a 12-month period.

Outdoor displays and retail sales events conducted by a retail business holding a valid Business License in the City may be allowed a maximum of three outdoor retail sales events (excluding City sponsored activities) each calendar year in compliance with the standards identified in Subsection 9104.02.110 (Display and Retail Activities - Outdoor). For purposes of this Subsection an outdoor retail sales event shall be no longer than four consecutive days in duration.

3.

Outdoor gatherings/meetings and group activities for seven consecutive days or less, within a 12-month period.

4.

Outdoor vehicle sales events conducted by established vehicle sales facilities for 30 consecutive days or less, within a 12-month period.

5.

Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sales lots) only by businesses holding a valid Business License in the City; provided the activity may only be held from October 1st through October 31st, of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th, of the same year for Christmas tree sales.

6.

Mobile food vending in compliance with Section 9104.02.220 and up to 6 months within a 12-month period.

7.

Any temporary use deemed appropriate by the Director, including the duration of the temporary use.

D.

On-Location Filming. The temporary use of a specified and approved location for occasional commercial filming (e.g., commercials, movie(s), videos, etc.), in compliance with Government Code Section 65850.1. The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas.

E.

Storage During Construction. Storage of equipment during construction activities for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs;

F.

Temporary Sales Trailers.

A trailer may be used for temporary sales activities (e.g., model home sales, etc.).

2.

A permit for temporary sales trailer(s) may be approved for up to 12 months.

G.

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial, industrial, and downtown zones.

H.

Temporary Work Trailers.

1.

A trailer or mobile home may be used as a temporary work site for employees of a business:

a.

During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or

b.

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

2.

A permit for temporary work trailer(s) may be approved for up to 12 months.

I.

Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

(Ord. No. 2347, § 4(Exh. B), 6-6-17; Ord. No. 2375, § 4(Exh. A), 4-6-21)

9107.23.060 - Application Filing and Processing.

A.

Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:

1.

An application for a Temporary Use Permit shall be filed and processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

2.

The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.

B.

Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 9107.23.080 (Findings and Decision), below.

9107.23.070 - Action by the Review Authority.

A.

Project Review Procedures.

1.

Director's Action within 30 Days. Within 30 days following receipt of an application deemed complete by the Director, the Director shall investigate the facts necessary for action consistent with the purpose of this Section.

2.

Action of the Director. The Director shall grant, conditionally grant, or deny the Temporary Use Permit application in compliance with Sections 9107.23.080 (Findings and Decision) and 9107.23.090 (Conditions of Approval), below, or defer action and refer the application to the Commission.

3.

Activities within the RTE (Race Track Event) Overlay or S-1 Zone. See Subsection 9107.23.030 D (Applicable Review Authority), above.

B.

Public Notice and Hearing Not Required for the Director's Action on a Temporary Use Permit.

1.

Director's Actions - Citywide. The following notice and hearing provisions shall apply City-wide, except for those activities on sites located within the RTE (Race Track Event) Overlay per Section 9107.23.030.3.a or S-1 zone.

a.

Neither a public notice or hearing shall be required for the Director's decision on a Temporary Use Permit application.

b.

However, the Director may choose to provide for a public notice and hearing, in compliance with Section 9108.13 (Public Notices and Hearings).

C.

Public Notice and Hearing Shall Be Required for the Commission's or Council's Action on a Temporary Use Permit.

1.

A public notice and hearing shall be required if the application is referred or appealed to the Commission or Council.

2.

A public notice and hearing shall be required if the application is for a Temporary Use Permit which is to be conducted within the RTE (Race Track Event) Overlay or S-1 zone, and which requires review and determination by the Council, rather than the Director, in compliance with Subsection 9107.23.030 D (Applicable Review Authority), above.

3.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings). The only deviation from Section 9108.13 is that a 1,000-foot radius for noticing shall be used in the RTE Overlay and S-1 Zones, rather than the required 300-foot radius for all other types of applications.

D.

Notice of Decision. Upon approval of a Temporary Use Permit, notice of the decision shall be given to the applicant and any interested person(s).

(Ord. No. 2347, § 4(Exh. B), 6-6-17)

9107.23.080 - Findings and Decision.

A.

Director's Review. The Director shall review applications and shall record the decisions in writing with the findings on which the decisions are based.

B.

Required Findings. The applicable Review Authority may approve a Temporary Use Permit application, with or without conditions, only if it first makes all of the following findings:

1.

The operation of the requested temporary use at the location proposed, within the time period specified, and subject to appropriate conditions will not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

2.

The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

3.

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;

4.

Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will be available either on-site or at alternate locations acceptable to the Director;

5.

The location for the proposed temporary use would not adversely interfere with existing uses on the subject property, and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns; and

6.

The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority in the approval of the Temporary Use Permit.

A.

May Impose Conditions. In approving a Temporary Use Permit application, the applicable Review Authority may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in compliance with this Section and the findings required by Subsection 9107.23.080 (Findings and Decision), above. Additionally, the permit shall be in compliance with any of the applicable standards specified in Subsection 9104.03.270 (Seasonal Sales). Noncompliance with any condition(s) or the standards specified in Subsection 9104.02.270 (Seasonal Sales) shall constitute a violation of this Section.

B.

Appropriate Conditions. The conditions may address any pertinent factors affecting the operation of the temporary activity or use, and may include the following:

1.

Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses or structures, or for a shorter period of time, as determined appropriate by the Director, unless granted an extension of time in compliance with Subsection 9107.23.100 (Extensions for Temporary Use Permits), below;

2.

Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection 1., above;

3.

Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

4.

Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

5.

Regulation of Temporary Structures. Regulation of temporary structures and facilities, including their number, placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

6.

Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

7.

Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

8.

Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate;

9.

Regulation of Signs as Follows:

a.

Any additional temporary window signs related to the temporary activity shall be allowed only during the activity and shall be approved as to size and placement at the time of application approval;

b.

The location of all signs shall comply with the driveway and intersection visibility standards;

c.

Small directional signs may be allowed;

d.

No signs shall be installed before issuance of the Temporary Use Permit; and

e.

All signs are subject to the approval of the Director.

10.

Setbacks and Buffers. Setbacks and buffers;

11.

Separation from Residential Uses. No equipment or apparatus related to the temporary use shall be placed or maintained within 100 feet of any residential uses;

12.

Outdoor Lighting. Regulation of outdoor lighting;

13.

Special Sales. If special sales are proposed, limitations on the location where sales may occur, the number of vendors, and the scope of goods to be sold;

14.

Food Sales. If food sales are involved, obtainment of all appropriate Health Department permits;

15.

Performance Bond. Submission of a performance bond or other security measures, in compliance with Subsection 9108.11.070 (Performance Guarantee) and satisfactory to the Director, to ensure that any temporary structures and facilities used will be removed from the site within a reasonable time following the activity and that the property will be restored to its former condition, or better, as determined by the Director;

Compliance with Municipal Code Required. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

17.

Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Section.

Time extensions for Temporary Use Permits may be granted in compliance with Subsection 9108.11.090 (Time Extensions).

Each site occupied by a temporary use shall be cleaned, to the satisfaction of the Director, of debris, litter, and any other evidence of the temporary use upon completion or removal of the temporary use, and the site shall then continue to be used in compliance with this Development Code.

The procedures and requirements in Section 9108.11 (Permit Implementation, Time Limits, and Extensions), and those related to appeals, public notices and hearings, revocation, and enforcement in Division 8 (Development Code Administration) shall apply following the decision on a Temporary Use Permit application.

Section 9107.25 - Variances