Part 4 — Temporary Use Permits

Upon submittal of a temporary use permit application, the following temporary uses and developments may be initiated, altered, or maintained upon approval by the community development director, or his or her designee, pursuant to this section:

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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A. Temporary Carnivals, Circuses, Fairs, and Similar Events. Applications for such events shall be submitted for review no less than 30 days prior to the first day of the event, and shall be subject to the following restrictions:

1. Duration. Events shall not exceed four days within any six-month period; provided, that the event is located on property owned or leased by a public agency, or on the grounds of the sponsoring organization per subsection (A)(2) of this section.

2. Civic Events. Events shall be permissible only if sponsored by a public agency or a religious, educational, fraternal, service, or community-based nonprofit organization directly engaged in civic or charitable endeavors.

3. Limitation of Days. Events shall be limited to three days in any six-month period, but the director of community development may authorize a fourth day if the location, conduct, or timing of the event suggests that the event will not unduly impose on its neighbors.

4. The director of community development may delegate to the planning commission his or her reviewing authority of any event that requires closure of, or obstruction to, public rights-of-way.

B. Christmas Trees. The outdoor sale of Christmas trees and wreaths on private property, between December 1st and December 25th of any calendar year, inclusive, to the extent permitted by other applicable ordinances, statutes, and regulations; provided, that any temporary structures and materials used shall be removed from the premises and the property restored to a neat and broom-clean condition by December 31st. A site plan shall be submitted to the director of community development for review and approval or denial of a location for such outdoor sales.

C. Outdoor Sales of Flowers and Gifts. Outdoor sales of flowers and gifts on private property are prohibited, except for a business licensed to sell flowers that has been licensed to sell flowers for more than one year. Flower shops may obtain a temporary use permit; provided, that the applicant submits proof showing sales of flowers exceeds 25 percent of annual gross receipts for the business. Sales shall be conducted on the same location as the flower shop. A site plan shall be submitted to the director of community development for review and approval or denial of the location for such sales.

re than one year. Flower shops may obtain a temporary use permit; provided, that the applicant submits proof showing sales of flowers exceeds 25 percent of annual gross receipts for the business. Sales shall be conducted on the same location as the flower shop. A site plan shall be submitted to the director of community development for review and approval or denial of the location for such sales.

D. Outdoor Sales. Temporary uses of land, including temporary outdoor sales and the erection of booths, tents, or parking of trailers on private property for temporary activities conducted either outdoors or within temporary structures, when such uses are allowed in the applicable zone with the approval of the director of community development. A maximum of four outdoor sales events may be permitted on a site, with each event limited to a maximum of seven days. The location of an outdoor sales event shall not interfere with automobile circulation and shall be designed in a manner to allow free pedestrian movement both within and around the vicinity. Activities associated with outdoor sales events shall not be located on, or interfere with, public rights-of-way. A site plan shall be submitted to the director of community development for review and approval or denial of a location for such outdoor sales.

E. Additional Temporary Uses. In addition to the above uses, the director of community development may authorize temporary uses not listed in this section. The proposed uses under the community development director’s discretion may be granted only when the proposed activity complies with the following:

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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1. Site Suitability. The site for the proposed temporary use is adequate in size and shape to accommodate such use.

2. Neighborhood Compatibility. The community development director shall consider the nature, condition, and development of adjacent uses, buildings, and structures and the effect the proposed use may have on such adjacent uses, buildings, and structures.

3. Access and Circulation. The site for a proposed temporary use should relate to streets and highways adequate in width and pavement to carry the kind and quantity of traffic such use would generate.

4. Safety and Welfare. The proposed temporary use will not be detrimental to the public interest, health, safety, convenience, or welfare.

5. Distance Requirements. To avoid impacts resulting from proliferation, temporary uses with similar operations shall not be located within 500 feet from each other. This distance shall be measured in a straight line, without regard to intervening structures, from the nearest property line where an existing temporary use is located to the nearest property line of a similar proposed temporary use.

Distance Requirements. To avoid impacts resulting from proliferation, temporary uses with similar operations shall not be located within 500 feet from each other. This distance shall be measured in a straight line, without regard to intervening structures, from the nearest property line where an existing temporary use is located to the nearest property line of a similar proposed temporary use.

6. Duration. Upon making the aforementioned findings, the director of community development may allow a temporary use for a maximum of 12 consecutive months. Applicants may request a one-time extension of up to 12 months by submitting a written request that includes explanation of how the temporary use has maintained conformity with the findings of this subsection. The community development director shall review requests for time extensions and approve or deny based on information presented, including evidence obtained from city records.

• F. Consumption and/or Sale of Alcohol for Special Events. A temporary use permit to allow the sale or service of beer and wine or other alcoholic beverages for on-premises consumption will not be granted by the community development director unless the following conditions are met:

  1. Nonalcoholic beverages and water must be available at the event.

  2. Alcoholic beverages may be sold or served beginning at 9:00 a.m. to 10:00 p.m. from Sunday through Thursday, and 9:00 a.m. to 11:00 p.m. on Friday and Saturday. Regardless of the hours, all alcoholic beverage sales shall end a minimum of 30 minutes before the scheduled event ends.

  3. All alcoholic beverages must be consumed within a clearly marked designated area.

  4. A detailed security plan approved by the sheriff’s department is on file.

  5. The sheriff’s department has the power to determine if the presence of a city-approved doorman and/or security personnel is required.

  6. A minimum dining area of 400 square feet (equivalent to 57 occupants) shall be provided.

  7. Approval from the State Department of Alcoholic Beverage Control is required.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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8. No alcoholic beverages shall be sold or served to a patron unless said patron also has ordered food or food is widely available for consumption. (Ord. 744 § 6 (Exh. A), 2024; Ord. 733 § 2, 2023; Ord. 690 § 4 (Exh. A), 2018).

An application for a temporary use permit shall be submitted and approved before any temporary land use is established, operated, or conducted in any manner. Applications for approval of uses under this section shall include a site plan and other information as may reasonably be required by the director of community development in order to determine compliance with the provisions of this zoning code. The application shall not be deemed complete until the application fee, in an amount set by resolution, has been submitted to the city. (Ord. 690 § 4 (Exh. A), 2018).

The director of community development is required to undertake the following action after the submittal of a temporary use permit application.

A. Notice and Decision. Not sooner than 15 days after the notices are mailed, the director of community development shall apply the criteria of CMC 20.84.260 and approve, disapprove, or conditionally approve the application. The director may impose conditions on the permit to ensure that the proposed use or development complies with all applicable provisions of this zoning code. Noncompliance with any condition of approval shall constitute a violation of this zoning code.

B. Notice of Decision. Upon approval by the director of community development, notice of the decision shall be given pursuant to CMC 20.84.100. Notwithstanding CMC 20.84.100, such notice need only be given to persons who request such notice, either in response to notice given under this chapter. Notice of denial need only be given to the applicant. (Ord. 690 § 4 (Exh. A), 2018).

No temporary use permit shall be effective until five days after the director of community development’s decision, and no use or development authorized by a temporary use permit shall be initiated sooner than five days after the director’s decision. Any interested person may appeal the director’s decision pursuant to CMC 20.84.160. Notwithstanding that section, an appeal of a decision of the director under this section is not timely unless filed within five days of a decision. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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