Chapter 9.70 — Temporary Use Permit

Sections:

• 9.70.010 Purpose

• 9.70.020 Applicability

• 9.70.030 Review Authority

• 9.70.040 Application Requirements

• 9.70.050 Exempt Short-term Activities

• 9.70.050 Exempt Temporary Uses

• 9.70.060 Allowed Short-term Activities

• 9.70.070 Notice and Hearing

• 9.70.080 Findings

• 9.70.090 Conditions of Approval

• 9.70.100 Condition of Site Following Temporary Use 9.70.110 Post Decision Procedures

This Chapter establishes procedures and standards for Temporary Use Permits for the short-term activities specified in this Section. These are activities that may not comply with particular standards of the applicable

zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this Chapter.

A Temporary Use Permit is required to allow the shortterm activities specified in this Chapter.

The Director is authorized to approve, conditionally approve, or deny Temporary Use Permits.

An application for a Temporary Use Permit shall be prepared, filed, and processed in compliance with Section 9.10.040 (Application Preparation and Filling).

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Chapter 9.70 Temporary Use Permit

The following activities are allowed without a Temporary Use Permit, but may require other permits as specified.

A. Construction yards - On-site [new]

On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the project construction, whichever occurs first.

B. Emergency Facilities [new]

Emergency public health and safety needs/land use activities, as determined by the Council.

C. Garage Sales

Garage sales may be held in compliance with the following standards:

1. Sales last no longer than two days;

2. Sales are held no more than three times yearly;

3. Sales are conducted on the owner's or tenant's property. Multiple family sales are permitted if they are held on the property of one of the participants;

4. No goods purchased for resale may be offered for sale;

5. No consignment goods may be offered for sale;

6. All directional and advertising signs shall be freestanding and removed after completion of the sale;

7. No signs on utility poles;

8. All directional and advertising signs placed on private property shall have the owner's permission;

9. No directional or advertising signs may be larger than two feet by three feet. [18.12.060, 18.16.060, 18.18.060]

10. Any garage/yard sale not in compliance with the conditions specified in this Subsection is hereby declared to be unlawful and a public nuisance. [new]

D. Special Event Permits

A Special Event Permit shall be obtained from the before conducting athletic events, parades, and public assemblies, occurring on or within the public rights-of-way or other publicly owned property. [new]

Temporary Use Permits may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Activities that do not fall within the categories defined below shall comply with the development permit requirements and development standards in Article 3 (Specific to Zones).

C. Model Homes & Sales Office

A model home(s) and/or sales office associated with a residential project.

D. Mobile Businesses

A mobile business compatible with the applicable zone and surrounding land uses shall operate in compliance with Title 5 of the Tehachapi Municipal Code

A. Events

Art and craft exhibits, carnivals, circuses, fairs, farmer’s markets, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events.

E. Temporary Vegetable and Fruit Stands

A temporary vegetable and/or fruit stand in compliance with the following standards:

1. Vegetable and fruit stands shall be operated by the producer and on premises controlled by the producer;

B. Seasonal Sales Lots

Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.

2. Products sold shall be limited to shell eggs and crops that are grown by the producer, as regulated by State law; non-potentially hazardous prepackaged food products from an approved source that were grown or

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Chapter 9.70 Temporary Use Permit

produced in close proximity to the stand; and agricultural and food preparation related items.

3. Agricultural and food preparation related items shall be limited to 25% of the total storage and sales area of the stand.

4. There shall be no more than one stand per lot.

5. Stands shall meet the setback standards of the zone in which they are located.

6. No building shall have more than 1,500 square feet of indoor sales area and shall have a total enclosed area of no more than 3,000 square feet.

F. Temporary Structures

A temporary classroom, office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of 12 months.

G. Temporary Storage Containers

A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of 30 days. The storage container shall be located on-site.

H. Temporary Office and Living Quarters

A trailer or mobile home used as a temporary work and/ or living quarters when associated with an active construction site.

I. Temporary Signs

Temporary signs in compliance with Article 7 (Signs).

J. Similar Short-term Activities

A short-term activity that the Planning Manager determines is similar to the other activities listed in this Section, and compatible with the applicable zone and surrounding land uses.

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Chapter 9.70 Temporary Use Permit

A public notice and hearing shall not be required for the Director’s decision on a Temporary Use Permit.

The Director may approve a Temporary Use Permit subject to making all of the following findings:

A. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.

B. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.

C. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment

to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.

D. The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.

E. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.

F. The location of the temporary use is within private property as authorized by the property owner and will not occur within public right-of-way.

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 full compliance with the findings required by Section 9.70.080 (Findings). This may

include conditions from other City departments (e.g., Police, Fire, and Public Works) that may have a direct affect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event or use to ensure that the operation of the proposed temporary event or use.

Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the

use, and shall continue to be used in compliance with this Zoning Code.

The procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, and Extensions), and those related to appeals (Chapter 10.20)

and Modifications and Revocations (Chapter 9.100) shall apply following the decision on a Temporary Use Permit application.

9-36 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 9.75 Minor Modifications

The purpose of this Chapter is to enable the Director to approve minor deviations from Zoning Code standards when such requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Zoning Code. An authorization to approve a Minor Modification does not extend to making any changes in the uses permitted in any zone.

This Chapter is applicable to all development standards of this Zoning Code.

A. The Director may approve a Minor Modification for only those items specified in Table A (Types of Minor Modifications Allowed), and only after first making the findings specified in Subsection 9.75.050 and table A (Types of Minor Modification Allowed).

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Type of Minor Modification Maximum
Additional Required Findings
Allowed Modification
The building is consistent with the intent
An increase in lot coverage in
1 of the zone and all other applicable 5%
residential zones.
standards of the zone.
The building is consistent with the intent
An increase in lot coverage in
2 of the zone and all other applicable 10%
commercial or industrial zones.
standards of the zone.
The building is consistent with the
An increase or decrease in the
intent of the zone; and/or topographic
minimum or maximum width or
3 constraints limit the ability to create an 20%
depth of a building or a portion of
interconnected network of streets and
a building in all zones.
blocks.
The building is consistent with the intent
A reduction in the minimum of the zone and all other applicable
4 amount of linear frontage standards of the zone; and may not 10%
required. be combined with any modification to
frontage dimensions.
Existing building(s) on adjacent lots on the
An increase or decrease of the
same block face is/are greater or less than 5 ft. or 20%,
minimum or maximum required
5 the required setback; and the variation whichever is
setback for primary buildings in
will allow the proposed project to be greater
all zones.
aligned with the adjacent building(s).
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Chapter 9.75 Minor Modifications

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Type of Minor Modification Maximum
Additional Required Findings
Allowed Modification
Allow an addition to an existing
structure located as close to the The building is consistent with applicable 400 square
6
property line as any existing Fire Code and Building Code limitations. feet
encroachment.
The building is consistent with the intent
of the zone and all other applicable
An increase or decrease in the
7 standards of the zone; and may not be 20%
standards for building frontages.
combined with any modification to the
facade zone
The building is consistent with the intent
An increase or decrease of the
8 of the zone and all other applicable 10%
minimum facade zone standards.
standard of the zone.
The building is consistent with the intent 5% or 2 feet,
An increase in allowable building
9 of the zone and all other applicable whichever is
height.
standards of the zone. greater
The use of the lot is consistent with the
An increase of the allowed intent of the zone and all other applicable
10 maximum height of a fence or standards of the zone; and/or the height 20%
wall. increase is justified by topographic
considerations
The use of the lot is consistent with the
A reduction in the minimum intent of the zone and all other applicable
11 number of required parking standards of the zone; and/or the height 40%
spaces (as applicable). increase is justified by topographic
consideration
An increase in the allowed height The sign is otherwise consistent with all
12 15%
and area of a permanent sign. applicable sign regulations.
A reasonable deviation from
the prescribed standards where
The building is consistent with the intent Determined
necessary to install features that
13 of the zone and all other applicable on a case-by-
facilitate access and mobility
standards of the zone. case basis
of disabled person with limited
mobility.
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Chapter 9.75 Minor Modifications

An application for a Minor Modification shall be prepared, filed, and processed in compliance with Chapter 9.10 (Application Processing Procedures) and this Chapter.

A. Each Minor Modification application shall be reviewed on an individual case-by-case basis. The approval of a prior Minor Modification is not admissible evidence for the approval of a new Minor Modification.

B. A public notice and hearing shall not be required for the Director's decision on a Minor Modification.

The Director shall approve, with or without conditions, a Minor Modification application, only after the following findings are made:

A. There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.);

B. The special circumstances applicable to the property are not self-imposed by any person presently having any interest in the property;

C. The requested Minor Modification will not allow the establishment of a use that is not otherwise allowed in the zone;

D. Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property;

E. The development is consistent with the General Plan and any applicable specific plan; and

F. The development will comply with all other standards or requirements set forth in this Code.

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Chapter 9.75 Minor Modifications

Unless otherwise specified in this Chapter, the procedures and requirements in Chapter 9.90 (Permit Implementation, Time Limits, Extensions), Chapter 10.20 (Appeals), and Chapter 9.100 (Permit Modification and Revocation) shall apply following the decision on a Minor Modification.

9-40 | Adopted October 2014 | Tehachapi Zoning Code