Chapter 19.1004 — Temporary Uses and Special Permits

The purpose of this Division is to provide a procedure by which certain specific temporary uses or certain specific permanent uses may be approved but may require special investigations or require that certain conditions be attached in order to preserve the public peace, health, safety, or welfare of the City or its inhabitants.

• A. For the purpose of this Title, "temporary use" means an activity of less than thirty days in duration, unless indicated otherwise within this section.

• B. No person shall operate and no business license shall be issued for any of the following temporary uses until a permit has been first obtained therefor in writing for such use pursuant to the provisions of this chapter:

  1. Antique, coin, stamp, gem, art shows, etc., within properly zoned and developed buildings,

  2. Auctions (motor vehicle auction sales are not permitted),

  3. Automobile rallies,

  4. Carnival, circus and any related ride, booth or attraction or other device attractive to children,

  5. Christmas tree sales, pumpkin sales, firework sales/stands,

  6. Security facilities (including trailers) for pumpkin sales, Christmas tree sales, fireworks stands, etc.,

  7. Special attractions within properly zoned and developed buildings,

  8. Dog/cat shows,

  9. Mobile health services/marketing surveys,

  10. Special event sales in parking lots and/or private sidewalks, bake sales, rummage sales, etc., limited to not more than three consecutive days in duration, nor more than three events per calendar year (motor vehicle sales are not permitted),

  11. Parades, marching bands/practice for and participation in,

  12. Special promotions, parachute drop, hot air balloon rides, searchlights, etc., and

  13. Public dances.

  14. Canopies and tarps within commercially zoned property when used in conjunction with an approved temporary use.

  15. Temporary parking/storage of new vehicles for existing automobile dealerships within the commercial and industrial zones, may be permitted for a specified time frame, subject to the following criteria:

  - a. There shall be no impact to existing operations of any on-site use. 
  
  - b. Parking and storage shall not be in public view. 
  
  - c. There shall be no impact to street parking in the vicinity. 
  
  - d. Temporary parking/storage of vehicles shall be for a period not exceeding one year, unless extension is granted by the Director of Community Development for a period not to exceed one year. For a period exceeding two years, the Planning Commission may authorize approval under the conditional use permit procedure of Section **19.128.020** . 
  

• C. Temporary Trailers. Temporary trailers or modular units may be permitted for an office and/or storage use of a related existing use on a property or for an existing established use undergoing reconstruction or remodeling under the following criteria.

  1. For no more than 2 trailers and for a period not exceeding one year, the Director may authorize approval pursuant to the provisions of this chapter.

  2. For more than 2 trailers and/or a period exceeding one year, the Planning Commission may authorize approval under the conditional use permit procedure of Section 19.128.020 .

  3. This section shall not apply to temporary construction trailers and real estate offices which may be authorized under various other sections of this Title.

• (Ord. 1455 § 1, 2004)

An application, in form approved by the Director, shall be submitted to the Director a minimum of 30 days prior to the inception date of the requested use. The application shall be signed and verified by the applicant and set forth the following:

• A. The name, address, and telephone number of the applicant,

• B. The name, address, and telephone number of employer, if any,

• C. The address and location where such activity is to be conducted,

• D. A brief description of the nature and amount of equipment or product to be used in such activity,

• E. A written acknowledgment from the property owner or his or her agent authorizing such activity,

• F. If activity is not within a permanent building, two sets of plot plans describing the location of the use, pedestrian and vehicular circulation in and around the subject area shall accompany the application,

• G. A personal description of the applicant, with evidence of the identity and any other information that the City deems necessary in order to properly evaluate the application.

• A. The Director shall immediately forward copies of the application and any attachments to every City department which would or could be affected by such use.

• B. Each such department shall investigate and respond in writing to the Director with recommendations on the application.

• A. Except as otherwise provided in this Code, the Director, after investigation of the application, may approve, conditionally approve, or deny a permit. The Director shall have the right to refuse such permit if he or she determines that the granting of same or the conduct of the use will be contrary to the preservation of the public peace, health, safety, or welfare of the City or its inhabitants.

• B. If such permit is granted, the Director may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as he or she may deem necessary or expedient to protect the public peace, health, safety, or welfare of the City or its inhabitants.

(Text in subsection A , which had been deleted during an earlier codification, was replaced during 1998 Codification.)

Any applicant for such a permit who is denied a permit by the Director shall be entitled to appeal such decision to the Planning Commission by a written request filed with the Secretary to the Planning Commission within ten days of notification of the decision by the Director. Appeals shall be conducted and processed in accordance with Chapter 19.120 of Division 1 of this Title and shall be considered as an appeal from a decision of the Director pursuant to Section 19.120.010B .

Whenever it is determined that a use authorized hereunder is being or may be conducted in violation of the conditions of approval thereon, or in violation of this Code or other law or regulation applicable thereto, the Director may initiate revocation of the permit by giving three days written notice to the permittee of a public hearing to be conducted by the Director. The decision on a proposed revocation shall be based upon the criteria set forth in Section 19.132.030E . The decision of the Director shall

be final unless appealed pursuant to Section 19.1004.060 hereof. Any order of revocation by the Director may be enforced pending the appeal.

Fees for the processing of applications and issuing permits pursuant to this Division shall be as set forth by resolution of the City Council.