Chapter 9.76 — TEMPORARY USE PERMITS

Sections:

9.76.010 Purpose. 9.76.020 Temporary uses exempt from permit requirements. 9.76.030 Temporary use permit required. 9.76.040 Development standards. 9.76.050 Temporary improvements on a site. 9.76.060 Findings. 9.76.070 Conditions.

A temporary use permit (TUP) provides a mechanism for administrative review and determination for proposed and qualifying short-term uses and activities to ensure that such activities are consistent with the General Plan and the provisions of this title. In review of temporary use permits, the accessibility for persons with disabilities must be a consideration.

The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards:

• A. Construction yards, storage sheds, and construction offices (on-site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.

• d. Emergency public health and safety facilities established by a public agency.

• e. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.

• f. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).

• g. Events held exclusively on City property and that are in conjunction with the City use.

• h. Events held exclusively at a school site that are in conjunction with the school use.

• i. Events held exclusively on a place of assembly or facility site and that are in conjunction with that place of assembly or facility use.

• j. Garage and yard sales held on private property.

• k. Outdoor promotional events and seasonal sales lasting three days or less related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in

259

Zoning Ordinance

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title. No off-site signs shall be permitted, and no more than six of these events will occur on the subject property per calendar year.

The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 9.76:

• A. Any use listed in Table 9.08.020 or Table 9.08.030 that is identified as a temporary use.

• B. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.

• C. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).

• D. Farmers markets.

• E. Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.

• F. Temporary outdoor sales, sidewalk sales, and temporary parking lot sales lasting more than three days in association with a permitted business for which there is an enclosed building. No off-site signs shall be permitted, and no more than six of these events will occur on the subject property per calendar year.

• G. Sales of Christmas trees and fireworks stands are reviewed and approved by the Fire Marshal.

• H. Seasonal sales occurring outdoors when not related to an existing business.

• I. Temporary sales offices.

• J. Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.

• K. Temporary community food banks.

• L. Other temporary activities that the Director determines are similar in nature and intensity to those identified above.

Standards for height, off-street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The Director may waive requirements for long-term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots.

• A. Improvement to property at a level less than what is required by this title may be allowed to support temporary operations on the property yet still ensure public health, safety, and general

260

Zoning Ordinance

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property.

• l. The allowance described in subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.

• m. At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title, or use of the property shall cease.

• A. The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:

  1. The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit, not to exceed six months unless otherwise extended by the Planning Commission.

  2. The temporary use will not be detrimental to the health, safety, or general welfare of persons, property, or improvements in the vicinity of the proposed use or to the general welfare of Avenal.

  3. The site is adequate in size and location and has proper accessibility to accommodate the use, and there are adequate public services, including fire protection, water supply, wastewater disposal, and police protection to serve the use.

  4. Egress and ingress and off-street parking facilities are properly designed and adequate to serve the use, and the use will not restrict access to required parking areas.

  5. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.

  6. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

  7. The use is consistent with the General Plan, applicable specific plans, and the provisions of this title.

The Director may place conditions on the temporary use permit, including, but not limited to, buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation. Conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare.

261

Zoning Ordinance

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance