§ 22.50

This Chapter establishes procedures for allowing short-term uses which may not meet the normal development or use standards applicable to the subject zoning district, but which may be acceptable because of their temporary nature.

This Chapter provides a review process for a proposed use to ensure that basic health, safety, and general community welfare standards are met. This Chapter also provides a process for Agency approval of a suitable temporary use with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

(Ord. No. 3577, 2012)

This Chapter shall apply to all land use activities in all zoning districts defined in Article II (Zoning Districts and Allowable Land Uses), and Article V (Coastal Zones - Development and Resource Management Standards).

(Ord. No. 3577, 2012)

A.

Filing.

1.

Application for a Temporary Use Permit shall be submitted, filed, and processed in compliance with and in the manner described in Chapter 22.40 (Application Filing and Processing, Fees).

2.

Temporary Use Permit application forms are available online and at the Agency's public service counter.

B.

Project review procedure. Each Temporary Use Permit application shall be analyzed by the Agency to ensure that the application is consistent with the purpose and intent of this Chapter.

C.

Notice of action. An administrative decision on a proposed Temporary Use Permit application shall be noticed in compliance with Chapter 22.118 (Notices, Public Hearings, and Administrative Decisions).

(Ord. No. 3577, 2012)

The following temporary uses may be allowed subject to the issuance of a Temporary Use Permit. Uses that do not fall into the categories listed below shall comply with the use and development standards and permit requirements that otherwise apply to the subject site:

A.

Holiday product sales lots.

1.

Lots used for the sale of seasonal holiday products, and the establishment of an accessory temporary residence and/or security trailer on the sales lots may be approved when needed for the provision of

security.

2.

A permit shall not be required when the temporary sales lot is used in conjunction with an established commercial business which has been issued a valid County Business License, provided that the activity does not consume more than 15 percent of the total parking spaces on the site and does not impair vehicle access.

3.

Examples of temporary holiday sales lots are Christmas tree lots, pumpkin patches, and other seasonal holiday products. The uses may be located on vacant parcels or within existing parking lots.

B.

Mobile home used as a temporary residence. A mobile home may be approved as a temporary residence when a valid Building Permit for a new residence is in effect. Two years after the date of issuance of the residential Building Permit, and/or two months after the final inspection of the single-family residence constructed pursuant to the residential building permit, the mobile home shall be removed from the project site, unless the Temporary Use Permit specifies a different time frame.

C.

Temporary construction yards and on-site storage containers. An off-site temporary construction yard may be approved when the temporary construction yard is needed in conjunction with the construction of an approved development project. The temporary location of a storage container on the site of a construction project may be approved to securely store furniture, tools or construction materials.

A temporary construction yard or location of a storage container may be approved in conjunction with other development permits when at least one of the following conditions exist:

1.

When a valid Building or Grading Permit is in effect, and the construction or remodeling of a development project is taking place; or

2.

When an applicant can demonstrate that a temporary construction yard or storage container is needed on a short-term basis while permanent site work is being conducted.

D.

Temporary office. A temporary office may be approved as an accessory use, or as the first phase of a development project.

E.

Temporary caregiver quarters. Recreational vehicles temporarily located on a property zoned for singlefamily residential use and exclusively used to house dedicated caregivers for property occupants who need medical care and assistance with daily activities due to old age, disease, or disability. A Temporary Use Permit issued for this type of use shall not have a maximum term exceeding six months.

F.

Fuels management. Temporary livestock grazing may be approved on a short-term basis in any zoning district as a means of managing vegetation for fire protection purposes.

G.

Temporary operations or events. Short-term operations or events may be approved as a modification to an existing legal or legal nonconforming use for a trial period as a means of evaluating the appropriateness of allowing the operations to continue for a longer duration or events to occur on a regular basis pursuant to a Use Permit approval.

H.

Temporary real estate office. A temporary real estate office may be approved within the area of an approved residential development project only for the sale of homes and/or lots.

I.

Temporary work trailers. A trailer, coach, or mobile home may be approved as a temporary work site for employees of a business when at least one of the following conditions exist:

1.

When a valid Building Permit is in effect, and the construction or remodeling of a permanent residential, commercial, or industrial structure is taking place; or

2.

When an applicant can demonstrate that a temporary trailer is needed on a short-term basis.

J.

Temporary retail establishments and restaurants. Retail establishments and restaurants that will operate on a short-term basis.

K.

Educational tours. Educational tours in ARP zoning districts may be subject to a Temporary Use Permit as indicated in section 22.32.065.

L.

Similar temporary uses. Other temporary uses which, in the opinion of the Director, are similar to and compatible with the zoning district and surrounding land uses may be approved. The maximum time period

for which these types of uses shall be allowed will depend upon the particular circumstances involved.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021)

Standards for floor areas, heights, landscaping, off-street parking areas, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site (see Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Regulations)) shall be used as a guide for determining the appropriate development standards for temporary uses. However, the Director may authorize variation from the specific standards, as deemed appropriate in the Temporary Use Permit.

(Ord. No. 3577, 2012)

The Director may approve or conditionally approve a Temporary Use Permit, only if the proposed temporary use is in compliance with Section 22.50.040 (Allowable Temporary Uses), above, and if all of the following findings are made:

A.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

B.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County.

C.

Approved measures for removing the use and restoring the site will ensure that the temporary use causes no changes to the site that will limit the range of possible future land uses otherwise allowed by this Development Code.

In order to make the determinations and findings listed above, the Review Authority shall take into consideration the temporary nature of the requested land use activity.

(Ord. No. 3577, 2012)

The following shall apply subsequent to the approval of a Temporary Use Permit application. These procedures are in addition to those identified in Section 22.40.080 (Post Approval) and Chapter 22.70 (Permit Implementation, Time Limits, Extensions):

A.

Condition of site following temporary use. 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 thereafter be used in compliance with the provisions of this Development Code. A bond may be required prior to initiation of the use to ensure cleanup after the use is finished.

B.

Time limits. The Notice of Decision for a Temporary Use Permit shall specify the permit duration. However, Temporary Use Permits may only be approved for a maximum of two years. Temporary Use Permits may not be renewed, but a new Temporary Use Permit may be issued for the same use on the same site.

(Ord. No. 3577, 2012; Ord. No. 3706, 2019)

Chapter 22.51 - USE PERMIT RENEWALS