Division 15 — TEMPORARY USES

A "temporary use" is one which occupies a parcel of land for a period of more than one hour within a 24-hour period, but less than the maximum time limits set forth herein; does not utilize any permanent structures except as otherwise permitted herein; and is not located on property owned or leased by the city for which the city has granted a written license agreement, allowing the use in question.

(`64 Code, Sec. 34-4.1) (Ord. No. 1836, 2637)

Temporary uses of a duration of less than three days which are held on city parks or public property and to be sponsored by bona fide charitable or nonprofit organizations, are exempt from the requirements contained in sections 16-476 through 16-483 of this chapter, provided such uses have prior approval of the city’s parks director. (Ord. No. 1836)

(A) No uses listed in this section shall be conducted unless a temporary use permit authorizing such a use has been approved. No temporary use shall be permitted to occur within or on public street rights-of-way or public property, including sidewalks, parks and parking lots, unless a temporary use permit has been granted for such uses.

• (B) The following temporary uses may be permitted subject to the granting of a temporary use permit in accordance with the provisions of this division:

• (1) Residential zones, property for which a residential use has been approved, and C-O zone -

• (a) Construction signs, as defined in article IX;

• (b) Sales or rental offices which are part of a project containing five or more contiguous residential lots or units, are located on or immediately adjacent to the site of the project, and are in conformance with section 16-319;

• (c) Subdivision model homes and related facilities;

• (d) Subdivision signs, as defined in article IX;

• (e) Temporary construction yards and offices used only in conjunction with development of uses permitted by

the applicable zone, and located on or immediately adjacent to the site of the development; provided, however, that one adult caretaker may be present during nonconstruction hours;

• (f) Youth, charitable or nonprofit organization projects;

• (g) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses; and

• (h) In commercial zones, a temporary office structure where a permanent office building has been severely damaged by fire or other catastrophe.

• (2) C-1 zone -

• (a) Those temporary uses listed in subsection (1) above;

• (b) Christmas tree lots;

• (c) Grand opening signs, as defined and regulated by article IX; and

• (d) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

• (3) C-2, CBD and C-P-D zones -

• (a) Those temporary uses listed in subsection (2) above;

• (b) Auctions;

• (c) Mechanical amusement rides, except in the CBD zone;

• (d) Outdoor carnivals, circuses and rodeos, except in the CBD zone;

• (e) Outdoor concerts;

• (f) Outdoor itinerant shows;

• (g) Outdoor religious revival meetings;

• (h) Outdoor sales, when the sale occurs adjacent to the permanent retail facility in which the same type of goods are sold by the same seller; and

• (i) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

• (4) C-M, M-L, M-1, M-2, M-P-D and BRP zones -

• (a) Auctions;

• (b) Construction signs as regulated in article IX;

• (c) Grand opening signs, as referred to in article IX;

• (d) Subdivision signs, as regulated in article IX;

• (e) Temporary construction yards and offices used only in conjunction with development of uses permitted in

the applicable zones and located on or immediately adjacent to the site of a development; provided, however, that one

adult caretaker may be present during nonconstruction hours.

• (f) Youth, charitable or nonprofit organization projects; and

• (g) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

• (5) C-R zone -

• (a) Subdivision signs, as regulated in article IX;

(b) Temporary construction yards and offices used only in conjunction with development permitted in this zone, and located on or immediately adjacent to, the site of said development; provided, however, that one adult caretaker may be present during nonconstruction hours;

• (c) Youth, charitable or nonprofit organization projects; and

(d) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.

(6) Outdoor sales of only vegetables, fruits and flowers on property located in the C-R zone or on a portion of property that is otherwise zoned, but that is engaged in agricultural production for the duration of the temporary use; provided, however, that such use shall be located at least 75 feet from any structure used for residential purposes, where such structure is under different ownership

(`64 Code, Sec. 34-4.2) (Ord. No. 1409, 1633, 1836)

(A) A temporary use permit shall be approved prior to the commencement of any temporary use. Application for a temporary use permit shall be made on an application form secured from the director. Such application shall require the information necessary for review of the application by appropriate city departments, including the name, address, telephone number and signature of both the applicant and property owner, and the project location.

(B) (1) The director shall direct the application to all concerned city departments or divisions for

recommendations. The director shall review such recommendations and notify the applicant of approval, conditional approval, or disapproval.

(2) In reviewing an application for a temporary use permit, the director shall consider the potential effect of such a use on adjacent public and private property, traffic, and parking and shall also consider aesthetic impacts, setbacks, structural soundness, site orientation and arrangement, and hours of operation. The director may impose reasonable conditions necessary to mitigate potential adverse impacts.

(C) Temporary uses may be subject to additional permits, licenses or inspections as required by any applicable law, code or regulation. Application for temporary use permits for temporary uses in zones with planned development additives do not require a planned development permit.

(`64 Code, Sec. 34-4.3) (Ord. No. 1633, 1836)

A nonrefundable fee in the amount set by city council resolution shall be paid upon the filing of an application for a temporary use permit. The nonrefundable fee may be waived at the written request of the applicant and upon the approval of the city manager for charitable, youth or nonprofit organization projects. Temporary uses may be subject to additional fees or taxes imposed pursuant to this code or other applicable regulations. (`64 Code, Sec. 34-4.4) (Ord. No. 1633, 1836)

(A) The director in conjunction with other affected city departments shall determine the time limitations of temporary uses, which shall not exceed the following maximum time limits for the following uses:

• (1) Three consecutive days: outdoor sales.

• (2) Ten consecutive days:

• (a) Auctions;

• (b) Concerts;

• (c) Outdoor religious revival meetings;

• (d) Outdoor carnivals, circuses, rodeos and itinerant shows; and

• (e) Mechanical amusement rides.

• (3) Thirty consecutive days: grand opening signs (one time only).

• (4) Forty-five consecutive days: Christmas tree lots.

• (5) One hundred eighty consecutive days, with thirty day extension for climatic hardships:

• (a) Vegetable, fruit or flower stands; and

• (b) Youth, charitable or nonprofit organization projects.

• (6) Until the construction has received final utility clearance:

• (a) Construction signs; and

• (b) Construction yard and office.

• (B) No more than three outdoor sales shall occur on the same site or at the same facility during a calendar year.

• (C) No new temporary use permit shall be issued within 30 days from the expiration date of a similar temporary

use permit for the same property, or from removal of materials or structures associated with the use, whichever occurs later.

(`64 Code, Sec. 34-4.5) (Ord. No. 1633, 1836)

(A) All uses permitted by a temporary use permit shall be terminated on or before the expiration date stated upon the permit. All materials or products used in connection with or resulting from the temporary use shall be removed within five days after such expiration date. A bond, cash or other acceptable security in the amount of $250 to insure removal of all materials, personal property, and structures shall be filed with the director at the time of application for each of the following uses:

• (1) Subdivision signs;

• (2) Construction yards and offices;

• (3) Sales or rental offices;

• (4) Vegetable, fruit or flower stands; and

• (5) Christmas tree lots.

(B) A bond, cash or other security shall also be required for any other temporary use which the director finds should be bonded to insure removal of all materials used in connection with or resulting from the use.

(C) Upon the removal of all materials associated with the approved temporary use, the applicant shall request an inspection by the enforcement division which shall make a recommendation to the director regarding the release or other disposition of the bond, cash or other security deposit.

(`64 Code, Sec. 34-4.6) (Ord. No. 1633, 1836)

If, in the opinion of the director and other affected city departments, a proposed temporary use will be detrimental to the public health, safety and welfare and the adverse impacts cannot be mitigated, the director shall deny the permit.

The applicant may appeal the denial to the commission as provided in sections 16-530 through 16-553. Said appeal shall be final with the commission. Before an appeal is scheduled for hearing, the applicant shall pay a fee as provided by resolution of the city council.

(`64 Code, Sec. 34-4.7) (Ord. No. 1633, 1836)

Except as otherwise permitted by this division, sign area for auctions, Christmas tree lots and vegetable, fruit and flower stands shall be limited to one temporary unlighted attached sign not to exceed 20 square feet in area. When such temporary use is located in a C-R zone, an additional two directional signs, of no more than six square feet each, shall be permitted. These additional signs shall be constructed of wood. All signs shall pertain only to the goods sold on the premises upon which displayed. Such signs shall not be located closer than five feet to any property line or street right-of-way.

(`64 Code, Sec. 34-4.8) (Ord. No. 1836)

(A) No temporary use permit shall be granted for the temporary occupancy of a mobile home, coach or other similar prefabricated or manufactured structure for use other than as a temporary construction office as provided in this article. Any use of such type of structure other than as specified herein shall comply with provisions of this chapter and the building codes applied to permanent structures.

(B) Except as otherwise permitted by or provided for in this chapter, no retail commercial use that engages in outdoor sale, display, promotion or storage of products or goods in commercial zones shall be permitted, except that this prohibition shall not apply to the outdoor displays of nurseries and lumber yards; the outdoor display of automotive products associated with a service station use; and the outdoor display of other large commodities, such as automobiles, motorcycles, and noninflatable craft, associated with retail sales.

(C) All sales offices for attached or detached residential projects shall be located within a specified dwelling unit. If the sales office is located in the garage of the dwelling unit, all improvements to the garage made to accommodate the office shall be removed before the dwelling unit is sold. As a condition of a planned development permit or a development plan permit, the approval body may authorize sales offices in trailer coaches and similar temporary structures.

(`64 Code, Sec. 34-4.9) (Ord. No. 1836, 2515)