Commerce Municipal Code Div. 11 Temporary Use and Special Event Permits

A. The permit processes for temporary uses and special events are established to allow certain uses to operate for limited, defined periods at locations throughout the city, provided the uses are regulated so as to avoid adverse impacts on the neighborhoods in which they locate. To ensure the mitigation of any adverse impact, even though temporary, a temporary use or special event shall not be held unless the necessary permit has been obtained from the community development director.

B. Temporary use and special event permit applications shall only be considered for properties located within zoning districts where such temporary uses are allowed. The land use regulations contained in Chapters 19.07 through 19.17, inclusive, of this Title 19 indicate where such conditions apply.

C. For the purposes of this Division 11, the following terms shall have the following meanings:

1. Temporary Use Permit. A permit granted to allow the occurrence of an event, activity, or use for up to a three-day period, with the exception of carnivals, fairs, and similar uses, which shall be considered uses requiring a special use permit. During an emergency situation, and on a case by case basis, the director may extend the approval period to more than thirty calendar days, and up to a year. An applicant may apply for an extension if an emergency still exists.

2. Special Use Permit. A permit granted to allow the occurrence of an event, activity, or use for a period of four or more days, but not exceeding thirty days in any calendar year. During an emergency situation, and on a case by case basis, the director may extend the approval period to more than thirty calendar days, and up to a year. An applicant may apply for an extension if an emergency still exists.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

A. An application for temporary use permit or special event permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B. An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

C. An application for a temporary use permit shall be submitted no less than five days prior to the proposed date of the event.

D. An application for a special use permit shall be submitted no less than twenty-one days prior to the proposed first day of the event.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

A. Upon acceptance of a temporary use permit application as complete, the community development director or his designee shall review the application for conformance with the provisions of this Title 19. No public hearing shall be required. Based on this review, the director shall act to approve, conditionally approve, or deny the application.

B. The decision of the community development director shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020; Ord. No. 762, § 2, 8-4-2020)

A. Community Development Director Investigation. The community development director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application.

B. Planning Commission Consideration.

1. Except for emergency situations, the community development director shall place the special use permit application on the planning commission agenda for consideration by the commission as a scheduled matter. No public hearing shall be required.

2. The planning commission shall review the application and proposal and receive evidence concerning the proposed special use permit.

3. The planning commission shall act to approve, conditionally approve, or deny the application.

4. The decision of the planning commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

In the granting of a temporary use or special event permit, conditions may be imposed on a use to include, but not be limited to:

A. Number of days the event can occur;

B. Hours of operation;

C. Walls or fences;

D. Signs;

E. Lighting;

F. Traffic circulation, ingress, and egress;

G. Other conditions deemed necessary to protect the public health, safety, and general welfare.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

Prior to the issuance of a temporary use permit or special event permit, the city may require a cash bond to be deposited with the city for the purpose of defraying the costs of property cleanup by the city, in the event the permittee fails to do the same. The amount of the cash bond shall be established by the community development director or planning commission in the permit conditions of approval.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

Signage for temporary uses or special events is permitted, provided such signage complies with regulations set forth in Section 19.25.110 (Temporary signs) of this Title 19.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)