Chapter 17.113 — TEMPORARY USE PERMITS

A. Purpose. The purpose of this Chapter is to allow for those short-term and intermittent activities set forth in Section 17.86.260 (Temporary and Intermittent Uses) that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.

B. Applicability. Those uses identified in Section 17.86.260 (Temporary and Intermittent Uses) shall require a Temporary Use Permit pursuant to the provisions of this Chapter. The following temporary uses are exempt from the requirement for a Temporary Use Permit.

1. On-site contractor’s construction/storage uses in conjunction with an approved construction project on the same site.

2. Emergency public health and safety facilities and uses, as determined by the Director.

3. Garage and yard sales involving the sale of personal property conducted in a residential zone.

A. An application shall be in the form prescribed by the Director, shall state the precise nature of proposed temporary or intermittent use, and shall be accompanied by any required fees.

B. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place. C . It shall be the responsibility of the applicant to establish evidence in support of the findings required by Section 17.113.040 (Findings). D. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter. E. The Director, through a Director’s Action, may approve a Temporary Use Permit, deny the application, or defer action and refer to the application to the Planning Commission for review and final decision.

F. Given the abbreviated time frame between the action of the Director on an application for conducting a proposed temporary or intermittent use and the date for such use, the action by the Director may be appealed to the City Manager.

The Director may approve a Temporary Use Permit application, with or without conditions, only if he/she first makes all of the following findings:

A. The operation of the requested temporary use at the location proposed, within the time period specified, and subject to appropriate conditions will not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

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B. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

• C. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;

D. Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use will be available either on-site or at alternate locations acceptable to the Director;

E. The location for the proposed temporary use would not adversely interfere with existing uses on the subject property, and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns; and

F. The applicant agrees in writing to comply with any and all of the conditions imposed in the approval of the Temporary Use Permit.

A. May Impose Conditions. In approving a Temporary Use Permit application, the Director may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in compliance with this Chapter, Section 17.86.260 (Temporary and Intermittent Uses), and the findings required by Section 17.113.030 (Findings), above.

B. Appropriate Conditions. The conditions may address any pertinent factors affecting the operation of the temporary activity or use, and may include the following:

1. Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed period of time.

2. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use.

3. Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration. 5. Regulation of Temporary Structures. Regulation of temporary structures and facilities, including their number, placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate.

7. Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.

8. Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate.

9. Outdoor Lighting. Regulation of outdoor lighting.

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10. Special Sales. If special sales are proposed, limitations on the location where sales may occur, the number of vendors, and the scope of goods to be sold.

11. Food Sales. If food sales are involved, obtainment of all appropriate health permits.

12. Performance Bond. Submission of a performance bond or other security measures satisfactory to the Director to ensure that any temporary structures and facilities used will be removed from the site within a reasonable time following the activity and that the property will be restored to its former condition, or better, as determined by the Director.

13. Other Conditions. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this Section.

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