Chapter 858.5 — TEMPORARY USE PERMITS

The purpose of this Chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.

A temporary (short-term) land use activity is a land use that is interim, non-permanent, and/or seasonal in nature, not conducted for more than 12 months in duration, or a lesser time period approved by the review authority.

• A. Short-term activities. A Temporary Use Permit allows short-term activities that might not meet the normal development or use standards of the applicable zone but may otherwise be acceptable because of their temporary nature.

• B. Temporary Use Permit required. No temporary land use, except for those specified as exempt in compliance with Section 858.5.040, below, shall be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit.

• C. Categories of land uses. The following two categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

  1. Exempt temporary uses are identified in 858.5.040 (Exempt Temporary Uses), below; and

  2. Allowed Temporary Use Permits are identified in 858.5.050 (Allowed Temporary Uses), below.

The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with 858.5.050 (Allowed Temporary Uses), below.

• A. Car washes. Car washes, limited to one fund-raising event each month for each sponsoring organization, not exceeding three days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

• B. Construction yards - on-site.

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Temporary Use Permits

1. On-site contractors’ construction yard(s), in conjunction with an approved construction project on the same parcel.

2. One adult caretaker may be present during non-construction hours.

3. The construction yard(s) shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

• C. Emergency needs/activities. Emergency public health and safety needs/land use activities, as determined by the Board.

• D. On-location filming. The temporary use of a specified and approved on-location site for the filming of commercials, movie(s), videos, etc. The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas.

• E. Conducted on publicly owned property. Events that are to be conducted on publicly owned property for three or less consecutive days, within a 90-day period and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

The following limited duration temporary uses are allowed, if not already listed as a by-right or by-right value-added use in the underlying Zone District, subject to the issuance of a Temporary Use Permit, and only when conducted on non-residentially zoned properties and in compliance with Section 858.5.090 (Conditions of Approval), below.

• A. Contractors’ construction yards - off-site. The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

B. Events.

1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, community clean-ups, concerts, fairs, farmer’s markets, festivals, flea markets, food events including farmer’s markets, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales, and swap meets for 10 consecutive days or less, or five twoday weekends, within a 12-month period.

2. Religious-related sales, bazaars, dinners, parties, or other outdoor events conducted on religious-owned property other than the uses identified in Subparagraph 1., above shall not be limited to the number of occasions or the duration of each.

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3. Outdoor meetings and group activities within the parking areas for seven consecutive days or less, within a 12-month period.

4. Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid Business License, provided the activity may only be held from October 1[st] through October 31[st] , of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26[th] , of the same year for Christmas tree sales.

C. Temporary sales trailers.

1. A trailer may be used for temporary sales activities (e.g., model home sales, etc.).

2. A permit for temporary sales trailer(s) may be granted for up to 12 months.

• D. Temporary structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zones.

E. Temporary work trailers.

1. A trailer or mobile home may be used as a temporary work site for employees of a business:

   • a. During construction or remodeling of a permanent commercial or industrial structure, when a valid Building Permit is in force; or

   • b. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

2. A permit for temporary work trailer(s) may be granted for up to 12 months.

• F. Other similar temporary uses. Similar limited duration temporary uses which, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

• A. Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:

  1. Application required. An application for a Temporary Use Permit, together with the required fee in compliance with the Master Schedule of Fees, shall be filed with the Department in compliance with Chapter 838.5 (Application Filing, Processing, and Fees).

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2. Application before operation. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.

• B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, and/or any other data/materials specified in the most up-todate Department handout for Temporary Use Permit applications.

• C. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 858.5.080 (Findings and Decision), below.

• D. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this Chapter.

• E. Notice required. For Events listed under Subsection 858.5.050.B.1 (amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, community clean-ups, concerts, fairs, farmer’s markets, festivals, flea markets, food events including farmer’s markets, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales, and swap meets) notice shall be sent to all property owners located within a radius of a minimum of 300 feet of the external boundaries of the subject parcel in compliance with Chapter 874.6 (Public Hearings).

• F. No public hearing required. A public hearing shall not be required for the Director’s decision on a Temporary Use Permit application, unless the application is referred to the Commission in compliance with Subsection 858.5.070 B. (Commission referral), below.

• A. Director’s authority. The Director may approve, approve with conditions deemed necessary to protect the public health, safety, and welfare, or deny a Temporary Use Permit.

• B. Commission referral.

  1. When, in the opinion of the Director, the Temporary Use Permit application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer the application to the Commission for review and final decision.

  2. The referral shall be placed on the agenda of the next available regular Commission meeting following the Director’s referral.

• A. Director’s review. The Director shall review all applications and shall record the decision in writing with the findings on which the decision is based.

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• B. Required findings. The Director (or the Commission on a referral) may approve a Temporary Use Permit application, with or without conditions, only if all of the following findings are first made:

  1. The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

  2. The proposed parcel is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the parcel;

  3. The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate; and

  4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on-site or at alternate locations acceptable to the Director.

In approving a Temporary Use Permit application, the Director (or the Commission on a referral) may impose conditions which are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 858.5.080 (Findings and Decision) above. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

• A. Fixed period of time. Unless otherwise stated in the permit, a provision for a fixed period of time not to exceed 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the Director;

• B. Operating hours and days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection A., above;

• C. Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

• D. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, solid waste, and vibration;

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

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• F. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;

• G. Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

• H. Sheriff/security and safety measures. Provision for Sheriff/security and safety measures, as appropriate;

• I. Signs. Regulation of signs;

• J. Performance bond or other security. Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event and that the property would be restored to its former condition, or better, as determined by the Director, in compliance with Section 868.6.070 (Performance Guarantees);

• K. Compliance with applicable provisions. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the County Ordinance Code and the successful granting of any/all required permits from any other department or governing agency; and

• L. Other conditions. Other conditions which would ensure the operation of the proposed limited duration temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Chapter.

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use and shall continue to be used in compliance with this Zoning Ordinance.

The procedures relating to changes, performance guarantees, and revocation that are identified in Article 6 (Zoning Ordinance Administration) and those identified in Chapter 868.6 (Permit Implementation, Time Limits, Extensions and Revocation) shall apply following the decision on a Temporary Use Permit application.

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Variances/Minor Deviations