Article 40 — 30B. TEMPORARY USES

§ 40.30B.010. Purpose. ¶

The purpose of this article is to control and regulate land use activities of a temporary nature which have the potential to adversely affect the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.

(Ord. 1906 § 1; Ord. 2445 § 8, 2015)

§ 40.30B.020. Allowable temporary uses. ¶

The following uses may be allowed in the specified zoning districts, subject to the issuance of a temporary use permit. Temporary uses may be approved which do not comply with the development standards (such as setbacks) for the applicable district, subject to the requirements in this article.

(a) Christmas tree or pumpkin sales lots in any district other than a residential one-family district. A maximum of thirty days is allowed per calendar year of use.
(b) Circuses, carnivals, or similar amusement enterprises in any district, subject to the restrictions of Section 40.26.070 of this year's zoning ordinance. A maximum of fourteen days is allowed per calendar year. Safety certification of all rides and equipment is required to be presented to the building official.
(c) Outdoor meetings, outdoor art and craft shows, antique shows, flea markets, or group activities, within parking areas in any district. A maximum of seven consecutive days is allowed per calendar quarter.
(d) Outdoor display and sales of merchandise in any commercial district, such as flower stands or sidewalk sales, subject to any applicable provisions of Chapter 35 of this Code. A maximum of three consecutive days is allowed per calendar quarter.
(e) Car washes, candy sales, and other activities by tax-exempt organizations pursuant to Section 501(c) of the Federal Reserve and Taxation Code, in any commercial or industrial district. A maximum of three consecutive days per temporary event is allowed.
(f) Temporary tract offices and portable structures to be used as interim offices for construction activities, in any district, subject to the requirements of Section 40.26.360 of this chapter. A maximum of one year is allowed.
(g) Similar temporary uses on dates and occasions which, in the opinion of the director, are compatible with the district and surrounding uses and necessary.
(Ord. 1906 § 1; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)

§ 40.30B.030. Application—Fee. ¶

Application for a temporary use permit shall be made by the applicant with the approval of the property owner or representative on a form prescribed by the city, and shall be accompanied by a

fee as prescribed by city resolution adopted pursuant to Section 40.01.130 . The application and fee must be submitted at least thirty days prior to the date the proposed use takes place, for properties in residential one-family zoning districts. The application and fee must be submitted at least ten days prior to the date the proposed use takes place, for properties in all other districts. (Ord. 1906 § 1; Ord. 2445 § 8, 2015)

§ 40.30B.040. Maps and plans required. ¶

Maps, plans, and any additional information required to demonstrate that the conditions set forth in this article apply to subject property shall be submitted with the application for a temporary use permit.

(Ord. 1906 § 1; Ord. 2445 § 8, 2015)

§ 40.30B.050. Authority. ¶

(a) The director is authorized to approve, conditionally approve, or deny an application for a temporary use permit. The approval may include conditions and limitations to minimize detrimental effects on surrounding properties, including, but not limited to, hours of operation, provision of parking area, signage, lighting, and traffic circulation access.
(b) At least ten days prior to approval of an application for a temporary use in a single-family residential zoning district, notice of such application shall be mailed to owners within five hundred feet of the site. Failure of owners to receive notice of such application shall in no way affect the validity of any action taken.
(c) A cash deposit or cash bond to defray the costs of a site clean-up by the city in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject zoning district, may be required.

(Ord. 1906 § 1; Ord. 2165 § 6, 2004; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)

§ 40.30B.060. Required findings. ¶

A temporary use permit may be approved only when the following conditions are found as contained herein:

(a) The proposed temporary use will be located, operated, and maintained in a manner consistent with the policies of the general plan and the provisions of the zoning ordinance;
(b) Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(c) The proposed temporary use complies with the various provisions of this article;
(d) All necessary building, electrical, plumbing, fire, encroachment, or other permits and all necessary business licenses shall be obtained;
(e) The proposed use will not become a nuisance;
(f) Any necessary requirements and conditions with respect to location, construction, and maintenance, and operation have been or will be met.
(Ord. 1906 § 1; Ord. 2445 § 8, 2015)

§ 40.30B.070. Extensions. ¶

Upon submittal of an application and payment of the applicable fee, the director is authorized to approve, conditionally approve, or deny an extension of an approved temporary use permit. The extension may be for no longer than the maximum term allowed for the temporary use, as specified in Section 40.30B.020 . Approval of an extension of a temporary use in a residential one-family district requires notice pursuant to Section 40.30B.050 .

(Ord. 1906 § 1; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)

§ 40.30B.080. Appeals to planning commission. ¶

Any determination of the director with respect to a temporary use permit application may be appealed to the planning commission upon submittal to the community development and sustainability department of an appeal application, accompanied by the fee established by resolution of the city council. Appeals shall be heard at the next planning commission meeting that is legally possible. In absence of an appeal application being filed within five days of the determination of the director, such determination is final.

(Ord. 1906 § 1; Ord. 2390 § 2, 2012; Ord. 2445 § 8, 2015; Ord. 2677, 11/4/2025)