Barstow Municipal Code Ch. 9.45 Temporary Uses

The intent of this chapter is to provide for the short-term placement of activities in temporary facilities or outdoors, except as otherwise provided.

(Code 1969, § 9.45.010; Ord. No. 791, § 2(part), 2003)

As used in this chapter, the following terms and phrases shall have the indicated meanings, unless it is apparent from the context that a different meaning is intended:

Applicant means any person, business or organization seeking a temporary use permit to conduct or sponsor an event governed by this chapter. For a local special event sale or special event sale, the applicant shall be the business conducting the local special event sale or special event sale.

Block party means a festive gathering on a residential or commercial street or area requiring the closure of a street, or a portion thereof, to vehicular traffic and the use of the street for the festivity.

Carnival means the exhibiting or conducting of a travel show or entertainment open to the public.

Local special event sale means an off-site sale conducted by a business legally operating elsewhere in the city. Each applicant shall be limited to a maximum of one event per calendar year, which shall not exceed a total of three days.

Off-road vehicle race means any organized sporting event or rally where motorized vehicles are utilized in a contest of speed, or in a competitive trial of speed, skill or recreational event.

Outdoor sale in conjunction with a permanent retail facility means an on-site sale conducted by a business legally operating at that location. Such events shall be limited to a maximum of four events per calendar year, three days per event maximum.

Permit application fee means the fee to be paid by the applicant at the time that the application is filed with the city manager, pursuant to the application fee schedule.

Special event sale means an off-site sale by a business not operating in the city. Each applicant shall be limited to a maximum of one event per calendar year, which shall not exceed a total of three days.

(Code 1969, § 9.45.020; Ord. No. 791, § 2(part), 2003)

No use listed shall be conducted on any parcel of land or within any public right-of-way, including sidewalks and parking lots, unless approval of a temporary use permit has been granted for that use. The following is an exclusive listing of the temporary uses that may be permitted subject to the granting of a temporary use permit in accordance with the provisions of this chapter. If a proposed temporary use is not listed, then the applicant must first obtain a conditional use permit pursuant to chapter 19.30:

(1) Public rights-of-way, including sidewalks and parking lots:

a. Any non-motorized race, walkathon, bike-a-thon or similar event;

b. Block party;

c. Parade and other constitutionally protected expression;

d. Street fair;

e. Temporary commercial movie filming in conjunction with motion picture, television program or commercial; and

f. Similar events which the city manager determines to be compatible with the purposes of this chapter, and with the zone and surrounding land uses.

(2) Districts zoned for residential use:

a. Community fair in public park;

b. Concert in public park;

c. Parade and other constitutionally protected expression;

d. Youth, charitable or nonprofit organization project;

e. Yard, estate, moving or garage sale if required a temporary use permit by chapter 5.80 (Yard Sales); and

f. Similar events which the city manager determines to be compatible with the purposes of this chapter, and with the zone and surrounding land uses.

(3) Districts zoned for commercial and industrial uses:

a. Auction;

b. Carnival, circus and similar traveling amusement event;

c. Christmas tree or pumpkin lot;

d. Local special event sale;

e. Off-road race (check points);

f. Outdoor concert;

g. Outdoor sale in conjunction with a permanent retail facility;

h. Parade and other constitutionally protected expression;

i. Special event sale;

j. Youth, charitable or nonprofit organization project; and

k. Similar events which the city manager determines to be compatible with the purposes of this chapter, and with the zone and surrounding land uses.

(4) Any event held on city property or at a city-owned or operated facility, including city parks, public rights-of-way, sidewalks, and parking lots, where alcohol is to be served and consumed.

(Code 1969, § 9.45.030; Ord. No. 791, § 2(part), 2003; Ord. No. 1033-2025, § 1, 7-15-2025)

(a) A temporary use permit shall be approved prior to the commencement of any temporary use. Application for a temporary use permit shall be made on an approved application form secured from the city. Such application shall require the information necessary for review of the application by appropriate city departments and shall be accompanied by a fee established by city council resolution to cover the costs for processing the temporary use permit and the cost to provide specific services for the temporary use. Such information required shall include, but not be limited to, the name, address, telephone number and signature of the applicant and property owner, a location map and a plan for the proposed temporary use.

(b) Except as otherwise provided by this section, all applications shall be submitted not less than 20 days nor more than 12 months before the date of the proposed temporary use.

(c) If an application for a permit to conduct an event related to a constitutionally protected expression is submitted less than 20 days before the proposed event date, it shall be accepted upon a showing of good cause. Good cause will be demonstrated if:

(1) The circumstance that gave rise to the permit application did not reasonably allow the participants to file an application within the time prescribed by this chapter; and

(2) The event is for the purpose of constitutionally protected expression.

The city manager shall make this determination of good cause and act on the application if good cause is found within the time period specified in section 9.45.050(b). If an application for a permit to conduct an event that is not related to a constitutionally protected expression is submitted less than 20 days before the proposed event date, it will be accepted upon a showing of good cause. What constitutes good cause shall be determined by the city manager in his reasonable discretion.

(d) An application for a temporary use permit to conduct an event that is not for the purpose of constitutionally protected expression shall be accompanied by a non-refundable permit application fee in an amount established by resolution of the city council.

(Code 1969, § 9.45.040; Ord. No. 791, § 2(part), 2003)

(a) Upon receipt of a completed application for a temporary use permit, the city manager shall circulate the application to all affected city departments for review.

(b) The city manager shall approve, conditionally approve or deny an application on the grounds specified in section 9.45.070. Such action on the application shall occur in a timely manner. Action on an application for a temporary use permit for the purpose of constitutionally protected expression shall be made within two business days after the applicant has submitted the complete application to the city manager. The city manager may impose reasonable conditions necessary to mitigate potential adverse impacts as provided in section 9.45.060; provided, however, that the city manager will not consider the content of any constitutionally protected speech in his determination whether to approve the application or impose specific conditions on an approved application, unless there is a threat of immediate and substantial harm to persons or property.

(c) If an application is denied or approved with conditions other than those acceptable by the applicant, the city manager shall inform the applicant in writing of the grounds for denial or the reasons for imposing the conditions and the right of the applicant to appeal pursuant to section 9.45.090. If the application is approved, the applicant shall be notified of the permit conditions at the time the application is approved and the applicant's right to appeal the permit conditions.

(d) The decision by the city manager to approve an application for a temporary use permit that involves constitutionally protected expression shall be a final decision not subject to further appeal; provided, however, if the conditions imposed on the temporary use permit, then the applicant may do so pursuant to the provisions of section 9.45.090.

(e) If the city manager determines that good cause does not exist for a late application or within two business days after receipt of the late application, the city manager shall inform the applicant of the reason for the determination regarding lack of good cause and the applicant's right to appeal.

(Code 1969, § 9.45.050; Ord. No. 791, § 2(part), 2003)

(a) The city manager may impose reasonable conditions necessary to mitigate potential adverse impacts of the temporary use permit. These conditions may include any of the following:

(1) Restrictions on the sites used for temporary events so they will not be located in required on-site parking spaces or remove parking necessary to serve adjoining uses required on the day of the event;

(2) Requirements for sanitary facilities for all employees, attendants and participants of a temporary use event during its operational hours as approved in accordance with public health standards;

(3) Limitations on temporary uses to their specific zoning districts in which they are listed as permitted;

(4) Limitations on the number of local special event sales and special event sales held within the city by: imposing conditions of approval upon a permit; limiting the total number of such events at a specific location during any calendar year; restricting the location of such events to specific locations that are appropriate for such events or denying the approval of such events where the public interest so requires;

(5) Regulation on the hours of operation and days, including limitation on the duration of a temporary use event to a shorter time period than requested;

(6) Reasonable conditions to accommodate pedestrians or vehicular traffic, including restricting an event to a portion of a street;

(7) Requirements for street closure and/or traffic control in accordance with a traffic control plan;

(8) Requirements for first aid or emergency facilities;

(9) Compliance with animal protection ordinances and law;

(10) Reasonable restrictions on the use of amplified sound;

(11) Payment of deposit to ensure proper clean-up of property after cessation of the temporary use;

(12) Compliance with city ordinances in obtaining any required permit or license;

(13) Conditions concerning adequate security for the event;

(14) For events which do not involve constitutionally protected expression, the city may require that the applicant provide insurance to indemnify the city and its officers, officials, employees and agents from liability and provide an appropriate level of insurance to protect the city and its officers, officials, employees and agents from liability relating to the temporary use. The applicant shall provide the insurance within the time period specified by the city manager; and/or

(15) For events where alcohol is to be served and consumed the applicant shall first do all of the following:

a. Obtain a license from the Bureau of Alcoholic Beverage Control;

b. Submit event plans and licenses to the city manager for review;

c. Obtain liquor liability insurance with coverage in an amount to be determined by the city manager based on the type of event, the location, amount of alcohol to be served, and any other factors the city manager deems relevant to the risk of damage or harm to the city property, facility or the public;

d. Confer with the chief of police to provide security for the event, or submit documentation proving alternative means of providing security; and

e. Comply with all other regulations applicable to the event and any other conditions imposed within the discretion of the city manager.

(b) Nothing in this section shall be construed to authorize the city manager or the city to impose conditions on the issuance of a temporary use permit that would improperly restrict or would otherwise improperly interfere with constitutionally protected expression. Conditions imposed by the city manager for a permit for constitutionally protected expression shall be limited to those conditions which fully comply with the allowable restrictions on constitutionally protected expression.

(Code 1969, § 9.45.060; Ord. No. 791, § 2(part), 2003; Ord. No. 1033-2025, § 2, 7-15-2025)

The city manager shall deny an application for a temporary use permit or impose conditions to mitigate the adverse impact upon a determination that one or more of the following exists:

(1) Information contained on the application, or supplemental information requested from the applicant, is found to be materially false or misleading;

(2) The applicant fails to complete the application form after having been notified of the additional information or documents requested;

(3) The city manager has received an earlier application to hold another event at the same time and place as requested by the applicant, or so close in time and place as to cause substantial adverse impacts;

(4) The time or route of the event is likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, substantially disrupt the use of a street when it is subject to great traffic congestion or unduly impede the operation of emergency vehicles, city service or city functions;

(5) For a proposed event that does not involve constitutionally protected expression, the event would have a detrimental impact on adjacent public or private property, adjoining businesses, traffic, congestion, aesthetics, parking and/or the public health, safety or welfare; and/or

(6) The temporary use permit is not otherwise authorized by this chapter based on the restrictions on temporary use permits imposed by this chapter.

(Code 1969, § 9.45.070; Ord. No. 791, § 2(part), 2003)

At the discretion of the city manager, any application for a temporary use permit that does not involve constitutionally protected expression may be referred to the planning commission for approval. If such referral occurs, then the planning commission shall assume all of the obligations of the city manager in reviewing and considering whether to approve an application for a temporary use permit.

(Code 1969, § 9.45.080; Ord. No. 791, § 2(part), 2003)

(a) Except as otherwise provided in section 9.45.050, appeals from the decision of the city manager pursuant to this chapter shall be made in writing and filed with the city manager within ten days from the date of the disputed decision. The appeal shall be filed on an approved appeals form secured from the city clerk and shall include the date of appeal, the grounds for the appeal and a fee as provided by resolution duly adopted by the city council. The planning commission shall consider the appeal at its next regularly scheduled meeting, provided that the appeal was filed at least five business days before that planning commission meeting. The decision of the planning commission shall be final.

(b) If the planning commission was the original decision maker regarding the temporary use permit pursuant to section 9.45.080, then the appeals pursuant to this section shall be made to the city council instead of the planning commission. Under these circumstances, the decision of the city council shall be final.

(Code 1969, § 9.45.090; Ord. No. 791, § 2(part), 2003)

Whenever any community event is wholly sponsored, conducted, managed or operated as a community or neighborhood benefit by any registered nonprofit under Internal Revenue Code section 501(c)(3), or similar state-registered nonprofit organization, including fraternal, civic, educational or religious organizations, or an acceptable representative thereof as determined by the city manager, and when the event is for the purpose of the betterment of the community, or neighborhood, and there is no financial, personal, or political purpose, or gain from the event, a fee waiver or fee reduction for a temporary use permit may be issued, subject to the following criteria:

(1) Insurance requirement. Insurance for said event shall be required to hold harmless the city, its officers, employees, agents and volunteers as additional insured's to protect the city against any liability or claims of liability related to or resulting from the event. Insurance amount shall be not less than a base amount of $1,000,000.00. Should the city manager determine the amount as insufficient, the city manager shall require an amount he/she determines is necessary to adequately insure the extent of the liability. The base amount is for the year 2021, and may be increased based upon the annual Consumer Price Index.

(2) Indemnification requirement. The applicant must submit with its application for a city temporary uses permit an indemnification agreement, on a form approved by the city attorney, in which the applicant agrees to defend, indemnify, release, and hold harmless the city, its officers, agents, employees and volunteers from all claims and liability arising from the community event or issuance of the city temporary uses permit.

(3) The city manager may waive or reduce fees for temporary use permits subject to the conditions in section 9.45.110(1) and 9.45.110(2), with the following restrictions:

a. Fees shall not be waived or reduced if the applicant is a city employee, political official, or candidate for any public office.

b. Fees shall not be waived or reduced for any event associated with any elected official or candidate for public office.

c. Non-profit organizations requesting a waiver or reduction of fees shall provide all documentation verifying their status as a registered nonprofit under Internal Revenue Code section 501(c)(3) or equivalent state nonprofit status.

(Ord. No. 973-2021, § 1, 6-21-2021)