Mountain View Municipal Code § 36.46 Temporary use permits

A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district but may be acceptable because of their temporary nature. This section provides a simple process for reviewing a proposed use to ensure basic health, safety and general community welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

(Ord. No. 18.13, § 1, 12/10/13.)

No use that qualifies as a temporary use shall be conducted without a temporary use permit. Uses that do not fall within the categories defined below shall comply with the use and development restrictions and permit review provisions that otherwise apply to the property. The following temporary uses may be allowed:

a. Construction yards. Contractors' construction yards that are not located on the construction site but are established in conjunction with an approved and ongoing construction project.

b. Seasonal sales lots. Christmas tree sales lots or the sale of other seasonal products, including pumpkins and temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than fifteen (15) percent of the total parking spaces on the site and does not impair emergency vehicle access. Seasonal product sales shall be subject to Chapter 18, City Licenses, of the City Code.

c. Special events. A temporary event for the consumption, sell, purchase or production of goods, wares or foods on public or private property, which may include temporary structures or tents. All operators of such events must meet building and fire codes and maintain a valid city business license and county health permit, if food-related services are included. Does not include special events approved by the city council, city-sponsored events or mobile vending in accordance with Chapter 15 of the City Code.

d. Temporary shelters. Temporary shelters for the homeless, food kitchens or other temporary or emergency personal relief services for up to thirty-five (35) days, provided that:

1. Housing facilities are limited to a maximum capacity of twenty-nine (29) people; and

2. The facility is provided within an existing structure approved under the Uniform Building and Fire Codes for that use and occupancy.

e. Temporary work trailers. Trailer, coach or mobile home as a temporary work site for employees of a business up to a maximum of three hundred sixty (360) days:

1. During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

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

f. Mobile vending (special events only). All mobile vending shall comply with Chapter 15 of the City Code. A temporary use permit is only required for a special event with mobile vending, where:

1. A single event with mobile vending exceeds four (4) hours in duration during a twenty-four (24) hour period on an individual property or contiguous properties; or

2. Four (4) or more mobile vendors operate on a single property or contiguous properties at any given time.

g. Similar temporary uses. Similar temporary uses including, but not limited to, temporary or seasonal recreational uses and day camps which, in the opinion of the zoning administrator, are compatible with the zoning district and surrounding land uses.

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit application shall be filed in compliance with this division, with the following differences:

a. Illustrations. Sketches or drawings of sufficient size and clarity to show, without further explanation, the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, lights or structures to be installed as part of the temporary use;

b. Statement of operations. A written statement describing the products or services to be provided, hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during its operation, and other information about the operation of the use including use of any loudspeakers that pertains to the impact of the use on the community or on adjacent uses; and

c. Letters from adjacent property owners. For off-site construction yards, seasonal sales lots, temporary recreation uses and temporary shelters that are proposed to last more than thirty-five (35) consecutive days per calendar year, a letter(s), signed by the property owner(s) of each property adjacent to the proposed temporary use, shall be submitted to the zoning administrator. The letter(s) shall describe the proposed use and dates and times of operation, and state the adjacent property owner's agreement to the operation of the temporary use as described. When the applicant is unable to obtain these letters from all adjacent property owners, or for any other temporary use proposed to last for more than thirty-five (35) days, the applicant must file an application for a standard conditional use permit. This requirement does not apply to temporary work trailers described in Section 36.46.10.e.

(Ord. No. 18.13, § 1, 12/10/13.)

A temporary use permit application may be approved only if all 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 near the proposed use.

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

c. The standards for structure setbacks, heights, floor areas, parking and landscape areas and other structure and property development standards that apply to the category of use or the zoning district of the subject property are generally met. However, the temporary use permit may authorize variation from the specific requirements as may be determined to be appropriate by the zoning administrator. In making these determinations, the zoning administrator shall take into consideration the short time period of the proposed use.

(Ord. No. 18.13, § 1, 12/10/13.)

Upon conclusion or removal of the temporary use, the site shall be cleaned of debris, litter or any other evidence of the temporary use and shall thereafter be used in compliance with the provisions of this chapter. A bond may be required prior to initiation of the use to ensure cleanup after the use has been terminated.

(Ord. No. 18.13, § 1, 12/10/13.)

Decisions of the zoning administrator on temporary use permits may be appealed to the community development director. The community development director shall provide notice by mail to the applicant, to the owner of the subject property and to the owners of all abutting properties at least ten (10) calendar days prior to the hearing. Decisions of the community development director on any appeal may be appealed to the city council pursuant to this division.

(Ord. No. 18.13, § 1, 12/10/13.)