Chapter 17.32 — TEMPORARY USE REGULATIONS

The following temporary land uses shall be allowed subject to the regulations set forth within this chapter. Note: All temporary land uses that include food sales require a permit from the Butte County department of public health.

A.

Model homes or apartments and related real estate sales activities, located within a subdivision or residential development: temporary use permit required;

B.

Contractor's office, storage yard, and equipment parking and servicing on the site of an active construction project or on private property to service an active construction project in public or private rights-of-way: temporary use permit required.

1.

The director may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential negative impacts, which may include but is not limited to the following:

a.

Hours and frequency of operation;

b.

Temporary arrangements for parking and circulation;

c.

Requirements for screening or enclosure;

d.

Guarantees for site restoration and cleanup following temporary storage use;

e.

Posting of a sign at the entrance of the temporary storage yard with site supervisor contact information;

f.

Restrict access to septic tank and leach field areas on the temporary storage yard property;

g.

Requirements for dust control and maintenance of temporary storage yard property; and

h.

Use of a private road easement to access a temporary storage yard on private property serving a construction project in public or private rights-of-way shall not be permitted unless written consent to such use is provided by all property owners having legal interest in the private road easement.

C.

Religious, patriotic or historic assemblies, displays or exhibits: permitted;

D.

Circus, carnival, rodeo, fair or similar transient amusement or recreational activities: temporary use permit required;

E.

Christmas tree sales lots not directly associated with an established and permitted retail services land use: temporary use permit required; and subject to the business license regulations of Chapter 5.11 of the Paradise Municipal Code.

F.

Residential occupancy of a mobile home or travel trailer by supervisory or security personnel on the site of an active construction project: temporary use permit required;

G.

Outdoor special sales, outdoor art and craft shows or exhibits, swap meets, flea markets, parking lot sales, or similar sales activities, limited to sites in C-C, C-B, C-F and C-S zoning districts, including the walkable downtown core, and to operate for not more than three (3) consecutive days or more than a total of twentyone (21) days in the same year: permitted and subject to the business licenses regulations of Chapter 5.11 of this code.

H.

The temporary use of a mobile home or similar portable structure for residential use when located in a residential zoning district, while a permanent dwelling (including mobile homes) is under construction: temporary use permit required.

1.

A temporary use permit authorizing a temporary residence may be granted or denied only after a sewage disposal permit has been issued and a building permit has been issued for the permanent structure.

2.

The temporary dwelling must be removed from the site after one year from the date of the approval of the temporary dwelling, if the building permit for construction of the permanent dwelling is not renewed. In addition, the temporary use permit shall be effective for the same length of time as the building permit for the permanent dwelling;

I.

Seasonal retail sales of agricultural or horticultural products, including farmers markets, raised off the premises and limited to sites in C-C, C-B, C-F or C-S zoning districts, including the walkable downtown core: permitted and subject to the business licenses regulations of Chapter 5.11 of this code.

J.

Temporary signs relating to a temporary and legally permitted land use or a legally permitted and active construction project: permitted. [Note: Signage related to a construction project shall be removed within ten (10) days of town approval of final building inspection];

K.

Temporary structures, travel trailers, recreational vehicles or mobile homes may be used for the provision of emergency services for the duration of the emergency;

L.

Garage and yard sales in residential zones. Three (3) garage or yard sales conducted in any twelve (12) month period, not exceeding three (3) consecutive days each, shall be deemed a permitted and incidental use to the residential use of a property located in a residential zone. Garage or yard sales in excess of this limit shall be prohibited in all residential zones;

M.

Any other temporary land use determined by the planning director to be similar to the foregoing.

N.

The temporary use of a cargo container for storage on the site of an active construction project in conjunction with the issuance and term of a valid construction permit issued by the Town of Paradise: permitted.

O.

The use of a temporary commercial land use building and/or structure for occupancy by those business land use activities sanctioned pursuant to the provisions of Paradise Municipal Code Section 17.06.980 (Post Camp Fire: Temporary Commercial Buildings).

(Ord. No. 649, § 1, 10-14-2025, eff. 11-13-2025; Ord. No. 644, § 4, 3-11-2025, eff. 4-10-2025; Ord. No. 584, § 3, 11-12-2019; Ord. No. 546, § 2, 8-12-2014; Ord. 436, § 5, 6-14-2005; Ord. No. 420, §§ 3, 4, 6-82004; Ord. 313 § 4(part), 1998)

A.

Application to conduct a temporary land use shall be made to the planning director. It shall include a site plan and description of the proposed use and such additional information as the planning director may require to evaluate the use and to make the determinations required by these special provisions.

B.

Application shall be made at least nine (9) business days prior to the requested commencement date of the temporary use, and the planning director shall make a determination whether to approve, conditionally approve, or to deny the proposed temporary use within five (5) business days after the date the application is determined complete for processing.

(Ord. 313 § 4(part), 1998)

The following general conditions are applicable to temporary land uses that are permitted by the provisions of this chapter or are permitted subject to town approval and issuance of a temporary use permit:

A.

Each site occupied by a temporary land use shall be left free of debris, litter, or other evidence of temporary use upon completion or removal of the use.

B.

A temporary land use conducted in a parking facility shall not occupy or remove from availability more than fifty (50) percent of the parking spaces required by the permanent land use on the site.

(Ord. 313 § 4(part), 1998)

A.

The planning director or his/her designee may authorize a temporary use only when in their judgment, the following determinations can be made:

1.

The temporary use will not adversely impact the public health, safety, or convenience or create undue traffic hazards or congestion.

2.

The temporary use will not adversely interfere with the normal conduct of other land uses and activities on the site or in the general vicinity.

The temporary use will be conducted in a manner compatible with the land uses in the general vicinity.

B.

The planning director and/or planning commission may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential impacts, including, but not limited to: time and frequency of operation, temporary arrangements for parking and circulation, ADA access, requirements for screening or enclosure, and financial guarantees for removal, site restoration and cleanup following the temporary use.

(Ord. No. 584, § 4, 11-12-2019; Ord. 313 §4(part), 1998)

Editor's note— Ord. No. 584 shall take effect thirty (30) days after the date of its passage/adoption.

The planning director or his/her designee is authorized to administer and collect a fee necessary to process the temporary use permit application. The fee shall be identified on the applicable master fee schedule adopted and periodically amended by the town council.

(Ord. 313 §4(part), 1998)

After providing the permittee with written notification and a public meeting, the planning director is vested with the administrative authority to officially revoke a temporary use permit whenever evidence exists and a determination is rendered verifying that the affected temporary land use activity is not being conducted in a manner that complies with the provisions of this chapter or its town-adopted and assigned conditions of approval.

(Ord. 344 § 4, 2000; Ord. 313 § 4(part), 1998)

Chapter 17.32.1 - NEEDLE AND SYRINGE EXCHANGE

17.32.1.100 - Findings and purpose.

A.

The California Department of Public Health (CDPH) may authorize a needle and syringe exchange program (NSEP) in local communities pursuant to Health and Safety Code Section 121349 et seq.; and

B.

Improper collection and disposal of used hypodermic needles and syringes is inimical to, and presents an imminent threat to, the health, property, safety, and welfare of town citizens; and

C.

Pursuant to the town's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the town council has the authority to enact and enforce ordinances and regulations for the

public peace, health and welfare of the town and its residents; and

D.

Government Code Section 38771 authorizes the town, through its legislative body, to declare actions and activities that constitute a public nuisance; and

E.

As to matters concerning land use, and of buildings thereon, Title 17 (zoning) of this code is intended to promote the growth of the town in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare in conformance with the town's general plan; and

F.

Needle and syringe exchange programs are not an enumerated use under Title 17 of this code, which does not specifically identify or regulate needle and syringe exchange programs within the town; and

G.

The operation of a needle and syringe exchange program carries the risk of negatively impacting the goals and safety element of the town's general plan; and

H.

The town council finds that the commencement, establishment and/or operation of a needle and syringe exchange program would pose a current and immediate threat to the public health, safety, or welfare.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

It shall be unlawful for any person to establish, operate, conduct, or engage in a needle and syringe exchange program, as defined by Health and Safety Code Section 121349 et seq. within the town.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

No property in any zone of the town shall be used for purposes of a needle and syringe exchange program of any type, including as defined by Health and Safety Code Section 121349 et seq. The use of any property for such purpose shall be a public nuisance and may be abated as provided in this code or pursuant to state law. A violation of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the town, create a cause of separate action for injunctive relief as well as any other available civil remedies.

(Ord. No. 599, § 1, 11-10-2020, eff. 12-10-2020)

Chapter 17.33 - HOME OCCUPATION REGULATIONS

Footnotes:

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Prior ordinance history: 214 and 264.