Chapter 18.92 — TEMPORARY USE PERMITS

The purpose of a temporary use permit (TUP) is to allow the temporary use of land, in its existing condition, that would otherwise require a conditional use permit. Temporary use permits shall not be

granted or issued for the purpose of construction or development, nor for land uses that are determined by the City Planner to be a potential nuisance and/or detriment to the health, safety, and/or welfare of the general public that cannot be sufficiently mitigated. Temporary use permits shall not be issued for properties with a coastal zone overlay. Temporary use permits shall be issued for a specified period of time of up to, but not exceeding, 60 consecutive days, at the discretion of the City Planner. The City Planner of the City of Sand City is authorized to issue temporary use permits necessary to carry out the purposes of this chapter. (Ord. 16-01 §6)

An issued temporary use permit shall be in writing in a form prescribed by the City Planner, stating the authorized use, the property that use is allowed upon, the effective dates that permit commences and expires, for a period of time not exceeding 60 consecutive days, and include the City Planner's signature signifying issuance of the temporary use permit. The City Planner may incorporate terms and conditions into a temporary use permit restricting that use authorized by a temporary use permit for the purpose of mitigating potentially negative, blighting, or hazardous impacts to the general public.

• A. An application for a temporary use permit must, at a minimum, satisfy the following conditions in order for a temporary use permit to be issued by the City Planner.

  1. The proposed use will not adversely affect adjacent structures and uses or the surrounding neighborhood.

  2. The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic within public rights-of-way and/or access to private property.

  3. The proposed use can satisfy parking requirements as specified in Chapter 18.66 .

  4. The proposed use will not constitute a public nuisance or be detrimental to the public welfare of the community.

• B. A temporary use permit may not be renewed or extended beyond its expiration of the initial 60 consecutive day period for the same land use at the same location. However, a temporary use permit may be issued for the same land use at the same location no earlier than 10 months after expiration of the previous temporary use permit for that use at that location.

• (Ord. 16-01 §6)

The active period of time for a temporary use permit shall be subject to the City Planner's discretion and specified on the issued temporary use permit with a start date and an expiration date, but that period of time shall not exceed 60 consecutive days. A temporary use permit may not be extended beyond the initial 60 day period. Any temporary use issued a temporary use permit shall cease and desist all activity after the 60 day period, whereby continuation of a temporary use thereafter shall first require a conditional use permit.

(Ord. 16-01 §6)

The issuance by the City Planner of a temporary use permit shall only be a convenience to the applicant, and shall have no bearing whatsoever on any City Council consideration of any other land use entitlement permit application.

(Ord. 16-01 §6)

Any person desiring a temporary use permit shall submit a written application to the City Planner, in such form as the City Planner may prescribe, setting forth such information as the City Planner may reasonably require to secure the purposes of this chapter. (Ord. 16-01 §6)

Application fees for a temporary use permit review shall be set by City Council resolution. An application for a temporary use permit shall not be deemed complete until the application fee is paid in full, except when the City Planner allows for postponement or waiver of those fees. (Ord. 16-01 §6)

The City Planner may suspend and/or revoke any temporary use permit issued pursuant to this chapter, if the City Planner discovers that the applicant is using the subject property for purposes other than those recited in the application for the issued temporary use permit or that the applicant has misrepresented any material fact in the application. Furthermore, any temporary use permit that has been issued by the City Planner may be appealed to the City Council. An appeal must be submitted in writing to the City, stating the reason(s) for the appeal and why the Council should suspend and revoke the temporary use permit. The City Council may discretionarily revoke any temporary use permit upon their consideration of an appeal. If a temporary use permit is suspended or revoked by the City Council, the use on the subject property as stated on the suspended or revoked temporary use permit shall cease and desist or face penalties specified in the City's Municipal Code.

(Ord. 16-01 §6)