Article C — TEMPORARY USES

SECTION:

9-4C-1: Purpose

9-4C-2: Permit Requirements And Exemptions

• 9-4C-3: General Development Standards For Temporary Uses

• 9-4C-4: Standards For Specific Temporary Uses

• 9-4C-5: Temporary Improvements To Property

The purpose of this article is to establish development standards for temporary activities, such as special events and uses, to ensure the overall health, safety, and general welfare of the community is maintained. (Ord. 2016-04, 4-19-2016)

Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in section 9-2B-4, "Temporary Use Permit", of this title.

A. Temporary Uses Exempt From Permit Requirements: The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit.

1. Car washes of a temporary nature (e.g., school fundraisers).

2. Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.

3. Emergency public health and safety facilities established by a public agency.

4. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.

5. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).

6. Events held exclusively in City parks or City buildings.

7. Events held exclusively on school grounds and that are in conjunction with the school use.

8. Events held exclusively on church grounds and that are in conjunction with the church use.

9. Garage and yard sales held on private property and when occurring no more than three (3) consecutive days two (2) times per calendar year.

10. Outdoor promotional events and seasonal sales related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title. 11. Seasonal sales involving fireworks, as these uses are permitted through existing State processes and City business license. 12. Storage containers not in conjunction with an approved construction project when:

• a. Located on residential property for periods less than seventy two (72) hours, or

• b. Located on nonresidential property for periods of no more than forty five (45) days. (Ord. 2017-08, 6-20-2017) B. Temporary Use Permit Required: The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use. Activities or uses that do not fall within the categories defined below, and are not otherwise exempted in subsection A of this section, shall comply with the use and development regulations and permit requirements that otherwise apply to the property. 1. Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project. 2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).

3. Extension of nonconforming period as provided in subsection 9-2C-6C, "Extension Of Nonconforming Period", of this title.

4. Farmers' markets, as defined in this chapter.

5. Interim agricultural uses, as defined in this chapter.

6. Temporary sales, including swap meets, flea markets, rummage sales, and similar events. Temporary sales also includes temporary outdoor sales not in conjunction with an established commercial business on the site.

7. Seasonal sales as defined in this chapter (e.g., Halloween, Christmas), including temporary residence/security trailers, except when related to an existing business (see subsection A10 of this section).

8. Temporary sales offices as defined in this chapter.

9. Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.

10. Temporary community food banks.

11. Other temporary activities that the city determines are similar in nature and intensity to those identified above. (Ord. 2016-04, 4-19-2016)

Standards for height, off street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The planning director may waive requirements for long term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots. (Ord. 2016-04, 4-19-2016)

The following standards shall apply to the specific temporary uses described below:

A. Construction Yard/Storage Shed And Temporary Construction Office: Any temporary use permit for a construction yard, storage shed, or temporary construction office shall expire upon completion of the construction project, or the expiration of the accompanying building permit or improvement permit authorizing construction, whichever occurs first.

B. Entertainment And Assembly Events: Entertainment and assembly events when not part of or consistent with a permitted use shall not be permitted for periods of longer than seven (7) consecutive days. C. Extension Of Nonconforming Period: As provided in subsection 9-2C-6C, "Extension Of Nonconforming Period", of this title, the twelve (12) month nonconforming period for nonconforming uses provided in chapter 2, article C, "Nonconforming Uses, Structures, And Properties", of this title, may be extended upon issuance of a temporary use permit. All approved extensions shall comply with the following standards:

1. Public Improvements: The city may, as part of the approval of the extension of the nonconforming use period, require the completion of improvements to the adjacent public right of way consistent with the requirements of this title.

2. Time Period: The designated approving authority shall establish a maximum time period for the extension of the legal nonconforming use status. In no event shall the extension be longer than twenty four (24) months.

D. Farmers' Market: Farmers' markets shall not be held for more than two (2) consecutive days per week at the same location. E. Garage/Yard Sale: Garage sales, yard sales, and similar activities shall not occur more than two (2) times per year, with no sale exceeding three (3) consecutive days. F. Interim Agricultural Use: Interim agricultural uses, as defined in this chapter and of a commercial operation (e.g., using mechanized commercial equipment) shall only be allowed on vacant property a minimum of one thousand feet (1,000') from an existing residential use. No buildings or structures, other than wells, structures for conservation and drainage protection, and unpaved roads shall be permitted. Operation may include the use of commercial agricultural equipment. Access to the use shall be reviewed and approved by the public works director prior to issuance of the temporary use permit.

G. Seasonal Sale: Seasonal sales shall only be allowed on nonresidential property. The maximum period for seasonal sales shall be forty five (45) days per sale. No more than two (2) such activities shall be allowed for a property within a twelve (12) month period.

H. Swap Meet: Swap meets, flea markets, rummage sales, and similar activities shall only be allowed on nonresidential property or on vacant residentially zoned property that is a minimum of one thousand feet (1,000') from an existing residential use. The maximum period shall be for two (2) consecutive days per activity. No more than four (4) such activities shall be allowed for a property within a twelve (12) month period.

lea markets, rummage sales, and similar activities shall only be allowed on nonresidential property or on vacant residentially zoned property that is a minimum of one thousand feet (1,000') from an existing residential use. The maximum period shall be for two (2) consecutive days per activity. No more than four (4) such activities shall be allowed for a property within a twelve (12) month period.

I. Temporary Sales Office: Temporary sales offices shall be solely for the sale of homes in the project within which they are located and may be kept until the project is sold out. (Ord. 2016-04, 4-19-2016)

A. Temporary Improvements Allowed: The city may, on a case by case basis, allow for the improvement to property at a level less than what is required by this title to support operations of the property on a limited term basis yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property as required by the subdivision map act and title 8, chapter 7, "Land Division", of the municipal code.

B. Permit Process And Requirements: Such approval shall be conducted through the temporary use permit process and the permit shall clearly identify what improvements are to be completed and what requirements are being set aside for a limited period of time, as well as the time period for which the permit is valid. The city shall only approve the permit if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.

C. Requirements At Conclusion Of Temporary Period: At the conclusion of the period authorized by the permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease. (Ord. 2016-04, 4-19-2016)