Chapter 18.90 — TEMPORARY USES

The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites or impact the general health, safety, and welfare of persons residing within the community. (Ord. 738 § 1 (Exh. A) (part), 2013)

The regulations of this chapter apply to the temporary use of property within all city zoning districts.

(Ord. 738 § 1 (Exh. A) (part), 2013)

• A. Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Division II (Procedures), Section 18.16.070 (Temporary use permit).

• B. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit (CUP) for said activity; provided, that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the CUP shall be in accordance with the standards of Division II (Procedures), Section 18.18.020 (Conditional use permit).

• (Ord. 738 § 1 (Exh. A) (part), 2013)

• A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this chapter, provided they comply with the development standards listed herein. 1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.

• 2. Construction Yards—On Site. Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.

  3. Activities conducted on public property or within the public right-of-way that are approved by the city or as otherwise required by the Municipal Code.

• B. Allowed Temporary Uses and Related Standards. The following temporary uses may only

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City of Patterson, CA

PATTERSON CODE

§ 18.90.040

§ 18.90.040

be established after first obtaining a valid temporary use permit as described in Section 18.16.070 (Temporary use permit). Uses that do not fall within the categories defined below shall comply with the use and development regulations and planning permit requirements that otherwise apply to the property.

1. Construction Office. A temporary construction office used during the construction of a main building or buildings on the same site.

2. Construction Yards—Off Site. Site contractors' construction yards, in conjunction with an approved construction project.

3. A mobile home for temporary caretaker quarters during the construction of a subdivision, multifamily, or nonresidential project, while a valid building permit is in force.

4. Model Homes. A model home or model home complex may be authorized before the completion of subdivision improvements.

5. Temporary real estate offices, including sales trailers and related facilities, may be established within the area of an approved residential subdivision project, solely for the first sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary may be imposed as part of the temporary use permit and subject to applicable building permits.

6. Outdoor Displays/Sales (e.g., Sidewalk Sales and Parking Lot Sales). The establishment of temporary outdoor sales and the temporary display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent use. The temporary activity must be related to the on-site use and provided all activities shall be conducted within the buildable portion of the lot. The temporary activity is limited to a maximum of thirty consecutive calendar days. A total maximum of four thirty-day periods are permitted per year. Sales and display may not occupy more than ten percent of the parking area and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing handicap accessible parking space.

7. Seasonal Sales Lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the general plan. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. Only one permit per property is permitted within a one-year time period and the term of permit shall not exceed sixty days. Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year.

8. Temporary Signs. See Section 18.82.080 (Standards for temporary signs) for standards and additional limitations.

9. Temporary Structures (e.g., tents). A fire permit is required as part of the application.

10. Grand opening event/special day or weekend event (e.g., auction, craft fair, carnival,

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City of Patterson, CA

ZONING

§ 18.90.040

§ 18.90.060

parking lot sale). The temporary activity is limited to a maximum of seven consecutive days. A total maximum of four seven-day periods are permitted per year.

11. Flea markets are not permitted as a temporary use.

12. Farmers' markets may be permitted, provided such markets qualify as a certified farmers' market and all producers/vendors qualify as certified producers under the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions establishing the length of the permit, days and hours of operation, and other development factors as deemed appropriate.

13. When a temporary use is not specifically listed in this section, the planning director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use.

(Ord. 738 § 1 (Exh. A) (part), 2013)

Each use granted a temporary use permit shall comply with all applicable zoning district and development standards as outlined in this zoning code. The planning director shall establish the following standards in combination with the provisions in Section 18.90.040 (Temporary use regulations) and based on the type of temporary use, in addition to standards in the zoning code for guidance:

• A. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code; and

• B. Limitation on the duration of approved temporary structures to a maximum of one year, so that they shall not become permanent or long-term structures; and

• C. Other requirements as appropriate to minimize any adverse impacts of the use. (Ord. 738 § 1 (Exh. A) (part), 2013)

When a temporary use is not specifically listed in this section, the planning director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use, consistent with the provisions for similar use determination in Section 18.16.040 (Similar use determination). (Ord. 738 § 1 (Exh. A) (part), 2013)

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City of Patterson, CA