Fowler Municipal Code Ch. 9.100 Temporary Use Permit

Temporary use permits provide a process for review of short-term activities that may not meet the normal development standards of the applicable zone but may be acceptable because of their temporary nature. The intent of these regulations is to establish a process for the review of temporary uses and to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.

A. Temporary Use Permit Required. A Temporary Use Permit is required prior to establishment of any temporary use listed below or as otherwise required by this Title.

1. Weekend promotional events for businesses located within a commercial district or the FBC district.

2. Farmers markets.

3. Outdoor art and craft show exhibits.

4. Patriotic, holiday, historic, or similar displays.

5. Seasonal sales.

6. Traveling amusement enterprises, such as circuses, carnivals, concerts, rodeos, pony riding, or similar.

7. Model homes.

8. Mobile office trailers.

9. Trailer coaches for temporary living.

10. Temporary use of structures.

11. Garage sales exceeding the timeframes of Subsection (B)(3) of this Section.

12. Mobile food trucks.

13. Additional uses and corresponding regulations determined by the Director.

B. Temporary Use Permit Not Required. The following temporary uses and activities do not require a permit but are subject to all applicable standards as specified.

1. Seasonal retail sales of agricultural products raised on the same premises, limited to ninety (90) days in a calendar year and when parking and access is provided to the satisfaction of the Director.

2. Mobile food truck operations at construction sites that are actively under construction pursuant to a valid building permit or grading permit where the mobile food truck does not vend to the public during the stop. Mobile food truck operations shall be limited to no more than two (2) meal periods per day, up to two (2) hours for each meal period.

3. Garage sales, limited to the first consecutive Friday, Saturday, and Sunday of each month.

4. Construction office trailers and model home/sales offices for the lease or sale of residential property.

C. Exempt Uses. The following uses are exempt from the requirements of this Chapter:

1. City, State, federal, school district, or other public agencies' event when conducted wholly on that agency's public property or with the consent of another public property owner and which will not require public road closures or significantly impact traffic on adjacent public streets.

2. Homeowners' association events conducted wholly in common areas within the boundaries of the association, and which do not impact public streets or other public facilities.

3. Temporary emergency facilities to accommodate emergency public health and safety needs and activities.

4. Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and is active and the materials and equipment are stored on the same site as the construction activity.

5. Storage containers, storage pods, and similar, provided they are placed on a driveway or other improved surface, and do not encroach into the sidewalk or right-of-way, and for no more than thirty (30) consecutive days.

D. Additional Permits May Be Required. Other permits or licenses may be required for approval prior to or concurrent with the Temporary Use Permit, such as an encroachment permit or business license.

A. Application Filing and Processing. Applications for a Temporary Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

C. Timing of Application. A complete application for a Temporary Use Permit should be submitted at least thirty (30) days in advance of the first date of the proposed use. The applicant is responsible for submitting an application in a manner which allows sufficient time for processing, including noticing (if necessary) and appeal time.

Applications for a Temporary Use Permit shall be reviewed and approved by the Community Development Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Temporary Use Permit.

No public hearing is required prior to action on an application for a Temporary Use Permit.

In approving an application for a Temporary Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A. Requirements for special setbacks, buffers, or temporary fences, walls, and/or screening.

B. Regulation of vehicular ingress, egress, and traffic circulation.

C. Regulation of hours of operation or other characteristics of operation.

D. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, vapors, and heat.

E. Regulation of temporary structures and facilities.

F. Provision for restroom and related sanitary facilities as well as medical facilities and emergency medical services.

G. Provision for solid, hazardous and toxic waste collection and disposal.

H. Requirements for security.

I. Requirements for special parking or traffic control measures.

J. Requirements for the issuance of a cash performance bond deposited with the City to defray the City's costs of providing services or cleaning up the property in the event the permittee fails to do so.

K. Requirements for an Additional Insured Endorsement of public liability insurance, naming the City of Fowler as an additional named insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability specified per claim or occurrence.

L. Other conditions as may be deemed necessary to make the findings required by this Chapter.

Prior to approving an application for a Temporary Use Permit, the approving authority shall make all the following findings:

A. The proposed temporary use is compatible with the zone, nature, character, and use of the surrounding area.

B. The temporary use will not adversely affect the adjacent uses or structures.

C. The temporary use is consistent with the applicable development and operational standards and other provisions of this Title.

D. The nature of the temporary use is not detrimental to the public health, safety, or welfare of the community.

Written notice of decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include:

A. The application request as acted upon by the approving authority.

B. The action taken by the approving authority.

C. Findings as listed for the permit.

D. The deadlines, criteria, and fees for filing an appeal.

Temporary Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Temporary Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

Temporary Use Permits granted pursuant to this Chapter shall be for a fixed period as stated by this Chapter or in the conditions of approval.

No extensions of time are permitted for an approved Temporary Use Permit.

Modifications to an approved Temporary Use Permit shall be processed as a new application.

Temporary Use Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license, as applicable.

The following standards shall apply to all temporary activities and uses, where applicable:

A. The applicable permit(s) shall be posted on the premises where the event is conducted, and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring.

B. Any temporary facilities or structures used will be removed from the site within a reasonable time following the event and the property will be restored to no worse than its former condition. Submission of a performance bond or other surety devices may be required at this discretion of the City.

C. The permittee will reimburse the City for the actual cost of repair or replacement, including labor and overhead, if City property is damaged or destroyed as a result of the temporary use. The City may require a deposit therefor if the damage reasonably may be anticipated, as determined by the City.

D. Deposit for traffic control and/or clean up fees are required unless already provided with an encroachment permit.

E. The permittee and/or property owner shall enter into an indemnification and hold harmless agreement for use of City property.

The following standards shall apply to the specified temporary activity or use:

A. Weekend Promotional Events. Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales, that exceed existing land use restrictions shall comply with the following provisions:

1. Merchandise displayed or sold must be customarily sold on the premises by a permanently established business.

2. The maximum number of consecutive days for any one (1) event shall not exceed three (3) calendar days to a maximum of two (2) times per calendar year.

3. Setup and takedown of canopies, lighting, fencing, merchandise and/or items for the event shall not be counted toward the allowable event days per event, except that setup shall not exceed thirty-six (36) hours and takedown shall not exceed thirty-six (36) hours unless otherwise authorized by the Community Development Director.

B. Farmer's Markets. Farmer's Markets shall be limited to no more than one (1) day per week for one calendar year.

C. Outdoor Art and Craft Shows. Outdoor art and craft shows and exhibits shall not exceed fifteen (15) days of operation in any 90-day period.

D. Patriotic, Holiday, or Similar Displays. Patriotic, holiday, or similar displays or exhibits within parking or landscaped areas shall be limited to fifteen (15) days of display in any 90-day period for each exhibit.

E. Seasonal Sales. Seasonal sales, including Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales.

1. All such uses shall be limited to no more than thirty (30) consecutive calendar days of operation to a maximum of two (2) times in any calendar year.

2. All lighting shall be directed away from and shielded from adjacent residential uses.

3. Christmas tree sales lot signage shall not exceed the standards of the zone in which the sales lot is located.

F. Traveling Amusement Enterprises. Circuses, carnivals, concerts, rodeos, pony riding, or similar traveling amusement enterprises.

1. All such uses shall be limited to not more than fifteen (15) days, or more than three (3) weekends, of operation in any 180-day period. This time limitation may be exceeded, subject to the review and approval of a Conditional Use Permit in accordance with Chapter 9.35 (Conditional Use Permit).

2. All such activities shall have a minimum setback of one hundred (100) feet from any residential district or use. This may be waived by the Director if no adverse impacts would result.

3. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director.

4. Restrooms shall be provided.

5. Security personnel shall be provided.

6. Special, designated parking accommodations for workers and support vehicles shall be provided.

7. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director.

G. Model Homes. Model homes may be used as offices for the first sale of homes within a recorded tract subject to the following conditions:

1. The sales office may be located in a garage, trailer, or dwelling.

2. Approval shall be for two (2) years at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director in one-year increments up to a maximum of four (4) years.

3. Flags, pennants, or other on-site advertising shall be regulated pursuant to Chapter 9.180 (Sign Regulations).

H. Mobile Office Trailers. Mobile office trailers at a construction site may be installed subject to the following conditions:

1. Installation of trailer coaches may occur only after a valid building permit has been issued.

2. Approval shall be for two (2) years. Extensions may be granted by the Director in one-year increments up to a maximum of four (4) years. Trailers shall be removed within thirty (30) days after the issuance of a Certificate of Occupancy.

I. Trailer Coaches for Temporary Living. Trailer coaches may be used as temporary living quarters for the property owner or resident subject to the following conditions:

1. The property owner shall provide written authorization for the placement and use of a trailer coach in the manner specified herein.

2. Installation of trailer coaches may occur only after a valid building permit has been issued.

3. Approval shall be for two (2) years. Extensions may be granted by the Director in one-year increments up to a maximum of four years. Trailers shall be removed within thirty (30) days after the issuance of a Certificate of Occupancy.

J. Temporary Use of Structures.

1. Use permits granted pursuant to this Section shall be for a fixed period not to exceed thirty (30) days for each temporary use not occupying a structure, including promotional enterprises, or six (6) months for all other uses or structures.

2. Opening and closing times for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. A security officer may be required for promotional events.

3. Reasonable time limits for other uses may be set by the Director.

K. Garage Sales. Garage or yard sales occurring outside the specified timeframe in Subsection (B)(2) of Section 9.100.020 (Applicability) may be conducted up to two (2) times per year and shall be limited to no more than three (3) consecutive days per event.