Chapter 10.96 — 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. (Ord. 935 § 3 (part), 2015)

For purposes of this Chapter, a temporary land use activity is defined as a land use that is interim, non-permanent, and/or seasonal in nature, and generally not conducted for more than 30 consecutive days in duration. (Ord. 935 § 3 (part), 2015)

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. (Ord. 935 § 3 (part), 2015)

The following minor and limited duration temporary uses are exempt from the Temporary Use Permit requirement. Uses that do not fall within the categories defined below shall comply with 10.96.050 (Allowed Temporary Uses), below.

• A. Construction yards - On-site.

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 shall be removed upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

• B. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Council. (Ord. 935 § 3 (part), 2015)

The following temporary uses are allowed, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 10.96.090 (Conditions of Approval), below.

• A. Contractors’ Construction Yards - Off-site. The permit may be effective for up to 12 months, or upon 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, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for no more than 14 days within a 12-month period.

2. Outdoor display and sale events (i.e., side walk and parking lot sales) conducted by a retail business holding a valid Business License may be allowed a maximum of four outdoor sale events (excluding City sponsored activities)

within a 12-month period. Items offered for sale shall be limited to the items covered by the Business License. For purposes of this Subsection an outdoor sale event shall be no longer than a total of 40 aggregate days in duration, with a minimum of 60 days between events.

3. Outdoor meetings and group activities (i.e., neighborhood community gatherings and religious retreats) for seven consecutive days or less, within any 12-month period.

4. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) only by businesses holding a valid Business License; provided, the activity may only beheld from October 1st through October 31st, of the same year for the pumpkin sales, and from the day after Thanksgiving through December 28h, of the same year for Christmas tree sales.

• C. Temporary Real Estate Sales Office. One temporary real estate office may be located in any new subdivision in any zone in the City.

1. A temporary real estate office (e.g., trailer) may be used for temporary sales activities (e.g., model home sales, etc.) related only to the subdivision.

2. The temporary real estate office shall be removed within 10 days after the sale of all units in the new subdivision.

• D. Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved as an accessory use for up to 12 months, for the following activities:

1. During construction of a development project in a commercial or industrial zone; or

2. As a temporary replacement structure to be used during reconstruction activities for places of religious assembly or private schools.

• E. Temporary Work and/or Storage Site.

1. A trailer, mobile home, or other acceptable temporary structure may be used as a temporary work and/or storage site for employees of a business during construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force and upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

r other acceptable temporary structure may be used as a temporary work and/or storage site for employees of a business during construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force and 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 and/or storage trailer(s)/structure(s) may be approved for up to 12 months and shall be removed within 30 days following issuance of the Certificate of Occupancy. The Director may extend the approval for up to an additional 12 months, if needed for very large construction projects.

F. Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses. (Ord. 935 § 3 (part), 2015)

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

1. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Planning Fee Schedule.

2. The application shall be filed with the Department at least:

• a. Five business days before the date that the proposed temporary use is scheduled to take place for outdoor sales events; (See Subparagraph 10.96.050 B.2., above)

• b. Forty-five days before the date that the proposed temporary use is scheduled to take place for events requiring a back ground check; and (See Municipal Code Chapter 5.08 (Business and Occupation Permits)

c. Thirty days before the date that the proposed temporary use is scheduled to take place for all other allowed activities specified in this Chapter.

B. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 10.96.080 (Findings and Decision), below.

• C. Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

D. Public Hearing Not Required. A public notice and hearing shall not be required for the Director’s decision on a Temporary Use Permit application. (Ord. 935 § 3 (part), 2015)

The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 10.96.090 (Conditions of Approval) below, deny the application, or may defer action and refer the application to the Commission for review and final decision. (Ord. 935 § 3 (part), 2015)

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

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

1. The operation of the requested temporary use at the location proposed and within the time period specified will not jeopardize or endanger 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 subject 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 will or could reasonably be expected to generate; and

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

C. Failure to Make Findings. The Review Authority shall deny the application when it fails to make any one or more of the required findings.

D. City Manager to Act as Appeal Review Authority. Not withstanding any other provisions of this Zoning Code, due to the short time frame related to Temporary Use Permits, the City Manager shall serve as the appeal review authority for Temporary Use Permits. The decision of the City Manager shall be final. (Ord. 935 § 3 (part), 2015)

A. May Impose Conditions. In approving a Temporary Use Permit application, the Director (or the Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 10.96.080 (Findings and Decision), above.

B. Sample Conditions. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include, but are not limited to, the following:

1. 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;

2. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection 1., above;

3. 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;

4. 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, trash, and vibration;

5. 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;

6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate;

7. Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

8. Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate;

9. Signs. Regulation of signs;

10. Performance Bond or Other Security. Submission of a performance bond or other security measures may be required in order 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, or better, as determined by the Director;

11. Compliance with Applicable Provisions. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

12. Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Chapter. (Ord. 935 § 3 (part), 2015)

The Director may extend the time for a Temporary Use Permit to run beyond the original approval. In no event shall the Temporary Use Permit exceed the number of days allowed by Section 10.96.050 (Allowed Temporary Uses), above, or a total of 30 days. (Ord. 935 § 3 (part), 2015)

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 Code. (Ord. 935 § 3 (part), 2015)

The procedures and requirements in Chapter 10.102 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Temporary Use Permit application. (Ord. 935 § 3 (part), 2015)