§ 17.108

The Temporary Use Permit allows for short-term activities which may be appropriate when regulated.

(Zoning Ord. dated 1/31/06, § 9127.01.)

The following temporary use may be permitted, subject to the issuance of a Temporary Use Permit:

A.

On and off-site contractors' construction yards in conjunction with an approved development project, but these must be removed at the same time that the approved development project has been completed, or earlier if so directed by the Community Development Department or its Director.

B.

Trailer, coach or mobile home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to 365 days, or upon expiration of the building permit, whichever occurs first.

C.

Outdoor display and sales of merchandise on vacant lots, limited to 2 events per calendar year, not to exceed three consecutive days, unless the event is for a non-profit 501 C(3) organization, in which case no permit is required.

D.

Christmas tree sales lots. However, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st, subject to the Municipal Code.

E.

Circuses, rodeos and carnivals, subject to compliance with the Municipal Code.

F.

Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities.

G.

Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses.

H.

City sponsored uses and activities, not occupying a structure, and occurring at regular periodic intervals (weekly, monthly, yearly, etc.).

I.

Temporary farmers markets, and roadside fruit and vegetable stands for crops and other food products.

(Zoning Ord. dated 1/31/06, § 9127.02.)

(Ord. No. 1434, § 11, 2-8-11; Ord. No. 1552, § 11, 12, 1-28-20; Ord. No. 1554, § 3, 1-28-20)

17.108.030 - Application procedures.

A.

An application for approval of a temporary use permit is required, and shall be submitted to the Community Development Director pursuant to Chapter 17.48, Applications and Fees.

B.

A Temporary Use Permit may be approved, modified, conditioned, or denied by the Community Development Director. Decisions of the Community Development Director may be appealed to the Planning Commission, pursuant to Chapter 17.68, Hearings and Appeals.

(Zoning Ord. dated 1/31/06, § 9127.03.)

In approving an application for a Temporary Use Permit, the Community Development Director may impose conditions deemed necessary to ensure that the permit takes into account any pertinent factors affecting the operation of such temporary event, or use, which may include, but not be limited to, the following:

A.

Provision for a fixed period not to exceed 60 days, plus one 30 day extension, or for a shorter period of time as determined by the Community Development Director.

B.

Arrangements for temporary parking facilities, including vehicular ingress and egress.

C.

Regulation of nuisances such as the prevention of glare or direct illumination on adjacent properties, noise, vibration, crowding, smoke, dust, dirt, odors, gases, exhausts, heat, and various byproducts.

D.

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

E.

Provisions for sanitary, and/or medical aid facilities, if required.

F.

Provisions for solid, hazardous and toxic waste collection and disposal, including provisions for the removal of waste and debris from construction, renovation, and reclamation sites.

G.

Provisions for security and safety measures.

H.

Regulation of signs.

I.

Regulation of operating hours and days, including limitation of the duration of the temporary use.

J.

Submittal of performance bonds, indemnity bonds, and other surety devices, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, that

the property will be restored to it's former condition, and that the City will not be held liable for any actions or incidents arising from the temporary use, or related in any way to the temporary use.

K.

Any other conditions which will ensure the operation and/or phasing out of the proposed temporary use in a safe, orderly and efficient manner, and in accordance with the intent and purpose of this chapter.

(Zoning Ord. dated 1/31/06, § 9127.04.)

A temporary use permit may be revoked by, and at the discretion of the Director if:

A.

The use is not actively undertaken;

B.

The site is not being properly maintained;

C.

The use or the site becomes a nuisance, or is harmful to the neighbors or to the community; or

D.

If the use or the site is undermining the health, safety, quiet enjoyment, or welfare of nearby residents or others.

(Zoning Ord. dated 1/31/06, § 9127.05.)

17.108.060 - Condition of site following temporary use.

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used pursuant to the provisions of this Zoning Ordinance.

(Zoning Ord. dated 1/31/06, § 9127.06.)

17.108.070 - Reserved.

Editor's note— Ord. No. 1554, § 4, adopted Jan. 28, 2020, repealed § 17.108.070, which pertained to requirements and prohibitions for mobile vending and derived from Ord. No. 1434, § 12, adopted February 8, 2011.

Chapter 17.112 - VARIANCES

17.112.010 - Purpose.

These provisions shall ensure the following:

A.

Variances from this Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, unusual geological or geographical feature, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts;

B.

That the Variance shall not constitute a grant of special privileges(s) inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated; and

C.

The power to grant Variances does not extend to use regulations. Flexibility in use regulations is provided in the Conditional Use provisions of this Ordinance.

(Zoning Ord. dated 1/31/06, § 9128.01.)