§ 1500-16

This chapter establishes standards for temporary uses that will not permanently alter the character or physical facilities of the site on which they occur.

(Ord. of 6-28-2022)

The following types of temporary uses may be conducted without approval of a Zoning Clearance or Use Permit:

A.

Nonprofit Fund Raising. Fund raising events and/or sales operated by a nonprofit organization subject to the following standards:

1.

Location. Within any non-residential zoning district.

2.

Duration and Frequency. No single event shall exceed 3 consecutive days, nor occur more frequently than 4 times per year at any one location.

B.

Garage/Yard Sales. Garage/yard sales associated with a residence subject to the following standards:

Location. Within any zoning district that permits a residence.

2.

Duration and Frequency. No single event shall exceed 3 consecutive days, nor occur more frequently than 4 times per year per residence.

3.

Sales of Goods. Limited to common household items primarily owned by the resident.

C.

Seasonal Sales. Sales of seasonal goods (e.g., Christmas trees, pumpkins, fireworks etc.,) subject to the following standards:

1.

Location. Within any non-residential zoning district, and within any residential zoning district at a permitted religious institution, school or community assembly facility.

2.

Duration. Christmas tree sales are allowed from Thanksgiving Day through December 31st. All other seasonal sales shall not exceed 30 consecutive days.

3.

Frequency. Seasonal sales shall not occur more frequently than 3 times per year on a single property.

D.

Temporary Construction Offices. On-site temporary construction offices established in conjunction with an approved project or development permit. Such temporary construction offices shall be removed prior to final inspections/issuance of certification of occupancy for the project being constructed.

E.

Temporary Construction Yards. In Agriculture and Recreation districts, on-site temporary constructions yards, less than 1 acre in size, may be established in conjunction with an approved project or development permit. Such temporary construction yards shall be removed prior to final inspections/issuance of certification of occupancy for the project being constructed.

F.

Model Home Complexes. Model home complexes within an approved subdivision for sale of residential units within that same subdivision. May include a real estate sales office within one of the models.

G.

Temporary Occupancy of Recreational Vehicles. The temporary occupancy of recreational vehicles is permitted for not more than (14) fourteen days per calendar year unless the recreational vehicles is located within a legally established recreational vehicle park operating under a permit by the State of California.

(Ord. of 6-28-2022)

The following types of temporary uses may be conducted subject to approval of a Zoning Clearance, Administrative Permit or Use Permit as specified below:

A.

Carnivals, Fairs, Festival, and Other Special Events. Carnivals, fairs, festival, and other similar events may be conducted subject to approval of an Administrative Permit and shall be consistent with the following standards:

1.

Location. Within any non-residential zoning district or property owned by a school.

2.

Duration and Frequency. No single event shall exceed 3 consecutive days, nor occur more frequently than 2 times per year per property. A Use Permit shall be required for events exceeding 2 times per year.

3.

Hours of Operation. 7:00 a.m. to 10:00 p.m.

4.

Agency/Department Approvals. Letters of approval shall be secured from the Sheriff's Department, Environmental Health, Fire and Emergency Services and any other agency or department whose approval may be needed based upon the type of function being proposed.

B.

Temporary Outdoor Sales and Promotional Events. Outdoor sales, displays and promotional events associated with a permanently established business may be conducted subject to approval of a Zoning Clearance and shall be consistent with the following standards:

1.

Location. Within any commercial and employment zoning district.

2.

Duration and Frequency. No single event shall exceed 7 consecutive days.

Sale of Goods. Sales, displays and promotions shall be limited to merchandise which is normally displayed and sold by the business.

4.

Paved or Concrete Area. Sales, displays and promotions shall be located on a paved or concrete area on the same lot as the structures containing the business.

5.

Accessibility and Parking. The events shall be conducted solely on private property, shall not encroach within the public right-of-way or occupy needed parking at the time of the event, and shall not impede site accessibility or emergency accessibility/services.

6.

Hours of Operation. 7:00 a.m. to 10:00 p.m.

C.

Temporary Construction Yards. Temporary construction yards may be permitted in conjunction with an approved project or development permit consistent with the following standards.

1.

Location. Within any commercial and employment zoning district.

2.

Onsite, Small. Less than 1 acre in size shall require approval of an Administrative Permit.

3.

Onsite, Large. More than 1 acre in size shall require approval of a Use Permit.

4.

Offsite. Any offsite construction yard shall require approval of a Use Permit.

D.

Temporary Occupancy of a Recreational Vehicle. The temporary occupancy of a recreational vehicle may be permitted by Zoning Clearance for a term of 18 months consistent with the following standards.

1.

The recreational vehicle is located in a zone permitted to have a dwelling and complies with the setback requirements of the zone district it is located in.

2.

A building permit for a residence has been issued, is active and in good standing.

3.

Quick disconnect utility connections to electricity, water, and a wastewater system shall be provided and approved by the Development Services Department. As an alternative to providing a connection to a wastewater system, a contract with an authorized wastewater pumping provider may be submitted demonstrating the recreational vehicle's wastewater tanks will be routinely serviced during the time period authorized.

4.

Evidence demonstrating garbage service will be provided shall be submitted to the satisfaction of the Development Services Department.

5.

If the recreational vehicle will be located in a designated floodplain, compliance with the County's Floodplain Management Ordinance shall be demonstrated.

6.

The County may impose conditions necessary to ensure compliance with the Sutter County Ordinance Code to protect public health, safety and welfare.

E.

Temporary Agricultural Education and Entertainment Uses: Temporary Agricultural Education and Entertainment uses may be conducted subject to the approval of a Zoning Clearance (Single Weekend Permit) and shall be consistent with the following standards:

1.

Location. Within the Agriculture zoning district and ancillary to an existing primary agricultural land use.

2.

Duration and Frequency. A single event shall not exceed three consecutive days requires a Zoning Clearance (Single Weekend Permit), is limited to no more than four times per year per property, and each event requires a separate Zoning Clearance approval.

3.

Maximum of no more than 100 guests on-site at a given time.

4.

Accessibility and Parking. The events shall be conducted solely on private property, shall not encroach within the public right-of-way or occupy needed parking at the time of the event, and shall not impede site accessibility or emergency accessibility/services.

Hours of Operation. 7:00 a.m. to 10:00 p.m.

F.

Similar Temporary Uses. Temporary activities similar to the above determined by the Director to be compatible with the applicable zoning district and surrounding uses may be conducted subject to approval of an Administrative Permit.

G.

Other Temporary Uses. If a temporary use is proposed that is determined by the Director to not be in compliance with Sections 1500-16-020 or 1500-16-030, it may be permitted through approval of a Use Permit.

(Ord. of 6-28-2022; Ord. No. 1713, § 1, 10-24-2023)

In approving a permit for a temporary use, the approving authority may impose conditions deemed necessary to ensure that the temporary use will be compatible with the applicable zone district and surrounding uses. These conditions may include but are not limited to:

A.

Requirements for improved parking facilities, including vehicular ingress and egress;

B.

Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, and odors;

C.

Regulation of temporary structures and facilities, including placement, height and size, and location of equipment;

D.

Provision for sanitary and medical facilities;

E.

Provision for solid and hazardous waste collection and disposal;

F.

Provision for security and safety;

G.

Submission of a performance bond or other surety devices, satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; and

H.

Any other conditions which will ensure the operation of the proposed temporary use will protect public health and safety and in accordance with the intent and purpose of this Chapter.

(Ord. of 6-28-2022)

Applications for approval of a temporary use shall include all materials and information required for the permit plus the following information:

A.

A letter from the property owner(s) granting permission for the temporary event/activity to be held on their property (if applicable).

B.

A written description of the event, including the event proponent, location, days and hours of operation, and plan for removal of temporary facilities.

C.

Letters of approval from the Sheriff's Department, Environmental Health, Fire and Emergency Services and any other agency or department whose approval may be needed based upon the type of function being proposed.

D.

A site plan drawn to an engineer's scale that accurately depicts the subject property where the temporary use will be held including the location of existing buildings, parking areas, sewage disposal areas, etc. The site plan shall illustrate how the proposed temporary use complies with all applicable requirements of this Chapter.

(Ord. of 6-28-2022)

Upon termination of a temporary use or expiration of a temporary use approval, any temporary structures, and all appurtenances thereto, shall be removed from the property. The site shall be cleared of debris, litter, and other trash.

(Ord. of 6-28-2022)

Article 17 - Wind Energy Facilities

Chapter - 1500-17