Chapter 17.136 — TEMPORARY USE PERMITS

The Temporary Use Permit allows for short-term activities which may be appropriate when regulated. (Prior code § 159.70.010; Ord. 782 6-20-23)

The following temporary uses may be permitted, subject to the issuance of a Temporary Use Permit:

• A. Real estate offices within approved development projects;

• B. On- and off-site contractors’ construction yards in conjunction with an approved development project;

• C. Trailer, coach, container, construction trailer, or mobile home as a temporary use for the property owner or contractor when a valid building permit is in force. The permit may be granted for up to 180 days, or upon expiration of the building permit, whichever first occurs;

• D. Container or storage pod for the temporary storage of household goods when improvements are being made to the property;

• E. Christmas tree sale lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be only held from November 1st through December 31st, subject to all applicable provisions of the municipal code;

• F. Circuses, rodeos and carnivals, subject to compliance with Chapter 17.156 ;

• G. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;

• H. Emergency public health and safety needs;

• I. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section 17.04.070(C) (Similar Uses Permitted);

• J. City-sponsored uses and activities, not occupying a structure and occurring at regular periodic intervals (weekly, monthly, yearly, etc.); and

• K. Temporary mobile food vending at private and public properties pursuant to Chapter 5.52 . (Prior code § 159.70.020; Ord. 690 9-3-19; Ord. 782 6-20-23)

A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Planning Commission. Decisions of the Director may be appealed to the Planning Commission, pursuant to Chapter 17.104 (Hearings and Appeals). (Prior code § 159.70.030; Ord. 782 6-20-23)

The Director may approve, or conditionally approve a Temporary Use Permit application, only when all the findings contained in Section 17.76.050 (Conditional Use Permits—Findings) are made. (Prior code § 159.70.040; Ord. 782 6-20-23)

In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section

17.76.050 . These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to:

• A. Provision for a fixed period not to exceed 90 days unless otherwise specified in this Chapter for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. Periodic Citysponsored uses or activities outlined in Section 17.136.020(J) are not subject to the fixed time limitations of this condition as determined by the Director;

• B. Provision for temporary parking facilities, including vehicular ingress and egress;

• C. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

• D. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

• E. Provision for sanitary and medical facilities;

• F. Provision for solid, hazardous and toxic waste collection and disposal;

• G. Provision for security and safety measures;

• H. Regulation of signs;

• I. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in subsection A of this section;

• J. Submission of a performance bond or other surety devices, satisfactory to the City Engineer, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

• K. Submission of a site plan indicating any information required by this chapter;

• L. Requirements for access per the Americans with Disabilities Act;

• M. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the municipal code; and

• N. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.

• (Prior code § 159.70.050; Ord. 782 6-20-23)

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

(Prior code § 159.70.060; Ord. 782 6-20-23)

A Temporary Use Permit may be revoked or modified by the Director if any one of the following findings can be made:

• A. Circumstances have changed so that one or more of the findings of fact contained in Section 17.76.050 can no longer be made;

• B. The Temporary Use Permit was obtained by misrepresentation or fraud;

• C. One or more of the conditions of the Temporary Use Permit have not been met; and

• D. The use is in violation of any statute, ordinance, law, or regulation. (Prior code § 159.70.070; Ord. 782 6-20-23)