Article IV — Permit for Certain Land Uses

The provisions of this article shall be applicable to the use, erection and maintenance of a tent or other canvas-covered structures for any of those temporary land uses of a noncommercial nature for which a special use permit would be required under the Planning and Development Code. A temporary land use is a land use of less than 60 continuous days, and less than 90 days total in any 12-month period. Where this chapter is applicable, it shall supercede the provision of the Planning and Development Code. (Ord. 2013-0021 § 56; prior code § 43.04.012)

Notwithstanding any provision of this code to the contrary, no temporary land use to which this article applies shall be allowed without a permit for such use granted by the city council after application therefor. Such application shall be accompanied by a nonrefundable application fee established by resolution of the city council. The permit under this article shall be in addition to the permits required from the fire chief under this chapter. The permit may be granted or denied by the city council after receiving the report of the city manager. The report of the city manager may be based upon the report and recommendation of any city official or department or any other public body or agency the city manager may deem it appropriate to contact. (Prior code § 43.04.013)

The permit issued by the city council under this article shall be issued subject to such terms and conditions as the council may impose after considering the report of the city manager.

• A. Every permit shall be subject to the following conditions unless expressly excepted in the permit itself:

1. The property shall not be used in such a manner as to create a nuisance because of noise, crowding, dust, or other factors.

2. The property shall be restored to its original condition following its use under the permit.

3. All other applicable laws and ordinances shall be complied with.

• B. Additional terms and conditions of the permit may include, but need not be limited to:

1. Restrictions on the uses of property within a specified distance of any residential use;

2. Restrictions on erection of facilities outside of the area of the property upon which permanent construction would be permitted;

3. Off-street parking requirements;

4. Approved access to public streets;

5. Approval of signs erected, and requiring compliance with applicable sign regulations;

6. Restrictions on hours of use;

7. A restriction that no parcel of property shall be used in a manner requiring a permit under this chapter for longer than ninety (90) days in any twelve (12) month period. (Prior code § 43.04.014)

The permit issued under this article may be revoked by the city council for violation of any of its terms and conditions. (Prior code § 43.04.015)