Part 13 — Temporary Use Permit

The purpose of this chapter is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare and to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment. (Ord. 1156-03 C-M, eff. May 22, 2003)

(a) Temporary uses shall be permitted only as specified in those zone districts where temporary uses are specifically permitted.

(b) A temporary use or structure which does not have a valid Temporary Use Permit is declared to be a public nuisance, subject to the enforcement provisions of this code and other applicable laws.

(c) A change in ownership or operator of a use or structure subject to a Temporary Use Permit, as

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specified in this chapter, or an approved change or modification to the structure or use allowed on a parcel subject to a permit, shall not affect the time periods established by this chapter to allow the temporary uses or structures.

(d) When the last period of time allowed by this chapter has lapsed, the Temporary Use Permit and any extension are void.

(e) Noncompliance with the conditions of approval for the Use Permit shall be grounds for the reviewing authority to cancel and void any permit for a temporary use. The reviewing authority shall give notice of the action, along with the reasons for the action, to the applicant. The applicant may appeal the decision by filing an appeal as allowed and specified in Part 11 of Chapter 14-10.

(f) Except as otherwise provided in this chapter, the Zoning Administrator is authorized to approve, conditionally approve or deny a permit for a temporary use. The Zoning Administrator may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.

(g) Except for temporary signage permits, the Community Development Department may require a cash deposit or other security to defray the costs of cleanup of a site in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal or re-conversion of any temporary use to a permanent use allowed in the subject zone district.

(Ord. 1156-03 C-M, eff. May 22, 2003)

A Temporary Use Permit shall be required for the following temporary uses:

(a) Parking lot and sidewalk sales, outdoor art and craft shows and exhibits located within an existing shopping center in commercially zoned property, subject to the development standards and sign stan-

dards contained within this development code and including the following requirements:

(1) The event is within an existing shopping center;

(2) The event is entirely within private property; (3) The event does not interfere with disabled access;

(4) The event shall be limited to not more than six (6) days, including setup and tear-down, of operation in any sixty (60) day period;

(5) One banner per street frontage may be utilized, provided the size of each banner does not exceed thirty (30) square feet, provided that the banner is securely affixed to a permanent structure or an alternative means as approved by the Zoning Administrator and is displayed only during the event;

(b) Grand openings and anniversary events for businesses located within a non-residentially zoned property, subject to the development standards and sign standards contained within this development code and including the following requirements:

(1) The events shall be limited to a maximum of seven (7) days, including setup and tear-down, and be held no more than once annually.

(2) One banner per business that is included in the grand opening or anniversary event may be utilized, provided the size of each banner does not exceed thirty (30) square feet, and provided that each banner is securely affixed to a permanent structure or an alternative means as approved by the Zoning Administrator;

(c) Seasonal Sales and Events. The following sales and events are subject to obtaining an Administrative Use Permit in accordance with Section 14-26.030.

(1) Christmas tree sales (thirty (30) days maximum);

(2) Firework sales;

(3) Temporary circus and carnival activities (four (4) days maximum);

(4) Special Auto sales events (five (5) days maximum, existing City dealers only).

(d) Seasonal Transient Temporary Vendors shall be subject to the following:

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(1) Any person proposing to conduct sales of flowers and other goods for Mother’s Day or Valentine’s Day shall submit an application to the City on or before January 15th of each year:

(i) Permits may be only issued to local vendors. Local vendors are defined as residing and/or owning a business located within a seven (7) mile radius of the City;

(ii) The number of Temporary Use Permits for transient seasonal vendors shall be limited to a maximum of ten (10) annually;

(iii) No person or business shall receive more than one Temporary Use Permit nor operate from more than one location. Only one vendor shall be permitted per parcel per event;

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