Chapter 9.72 — TEMPORARY USE PERMITS

This chapter is intended to establish regulations and procedures for the review of temporary accessory uses and for temporary uses related to current and ongoing construction activities that are not otherwise permitted or regulated in this development code in order to minimize any adverse effects on surrounding properties and infrastructure or on the public health, safety and welfare. (Ord. 243, 10-15-2013)

The provisions of this chapter are applicable to:

A. All uses which are listed in the permitted land use and permit requirements tables for the underlying land use districts that require a temporary use permit, including, but not limited to:

1. Construction yards - off site.

2. Temporary residential quarters.

3. Temporary nonresidential quarters.

4. Temporary construction office quarters.

5. Temporary real estate model home/sales office.

6. Temporary on-your-lot builder model home/sales office. (Ord. 243, 10-15-2013)

A. Review: The director shall review and act upon all requests for temporary use permits (TUP) or extensions thereof, subject to the findings and conditions specified for each use by the section of this code that provides for said use.

B. Fee: The application shall be accompanied by a fee established by resolution of the council to cover the cost of handling and processing the application as prescribed in this chapter.

C. Duration: Temporary use permits shall be first issued for a period of time not to exceed twelve (12) months. Extensions to such permits may be granted for additional periods of time, each of which shall not exceed twelve (12) months. A temporary use permit that is extended shall comply with the provisions, procedures, findings and conditions specified by this code.

1. A temporary use permit shall not be extended by any reviewing authority for any period of time to exceed five (5) years after the date the temporary use permit was first issued, unless acted upon by the planning commission. The planning commission retains the authority to grant temporary use permit extensions beyond five (5) years.

2. Director may approve such permits or extensions of such permits for shorter periods of time and/or subject to conditions, where required by this chapter or where it is determined reasonable and necessary to do so.

3. Prior to issuing a temporary use permit extension or renewal for the last allowed period of time (normally between the fourth and fifth year), the permittee shall submit and obtain approval by the director of a plan of action to either remove or replace the subject temporary use with a legally established use.

4. A temporary use structure which does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this code and other applicable laws.

5. A change of ownership or operator of a use or structure subject to a temporary use permit or change of structure or modification of the structure or use allowed on a parcel subject to a temporary use permit shall not affect

the time periods established by this chapter to allow such temporary uses or structures.

6. When the last period of time allowed by this chapter has lapsed, the temporary use permit and any extensions thereof shall be considered void. A temporary use or structure that was allowed on a subject parcel previously by a temporary use permit may not be reinstated by a new temporary use permit for any time period beyond the final period of time that would have been allowed by the original temporary use permit.

• D. Procedure And Authority:

1. Procedure: Planning division review without notice.

2. Reviewing authority: Director.

• E. Cancellation Of A Temporary Use Permit: Noncompliance with the conditions set forth in approving the permit

shall be grounds for the reviewing authority to cancel and void any temporary use permit. The reviewing authority shall give notice of such an action to the permittee. The permittee may appeal such a decision by filing an appeal as allowed and specified in this chapter.

F. Performance Bond: The director may require cash deposit or other surety 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 and/or reconversion of any temporary use to a permanent use allowed in the zoning district in which it is located. (Ord. 243, 10-15-2013)

A. Applications for temporary use permits shall be filed on a form prescribed by the director and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the town in order for the director to make the required findings.

B. To ensure cleanup and restoration of the site, an applicant may be required to post a deposit at the time the application is submitted. Upon the completion of the event and inspection of the site by the town, the deposit may be returned to the applicant if the cleanup and restoration of the site has been determined by the town to be sufficient. (Ord. 243, 10-15-2013)

The director may approve, modify or conditionally approve a temporary use permit application only when the following findings can be made:

A. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a risk to the public health, safety or welfare;

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; and

D. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on site or at alternate locations acceptable to the director. (Ord. 243, 10-15-2013)

A. Authority: In approving an application for a temporary use permit, the director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by section 9.72.050 of this chapter.

These conditions may involve any pertinent factors affecting the operation of such temporary event or use, and may include, but shall not be limited to:

1. Provision for temporary parking facilities, including vehicular ingress and egress;

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

3. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

4. Provision for sanitary and medical facilities;

5. Provision for solid, hazardous and toxic waste collections and disposal;

6. Provision for security and safety measures;

7. Regulation of signs;

8. Submission of a performance bond or other surety device, satisfactory to the director, to ensure that any

temporary facilities or structures used will be removed from the site within a reasonable time and that the property will be restored to its former condition;

9. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of this code; and

10. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter. (Ord. 243, 10-15-2013)

Uses requiring a temporary use permit shall not commence, and building permits shall not be issued for any structure accompanying such use until such use has received a temporary use permit in compliance with the provisions of this chapter. Permits shall not be issued unless and until the applicable use and/or structure has been approved and that approval has become final. (Ord. 243, 10-15-2013)

Refer to chapter 9.83, "Permit Amendments", of this title. (Ord. 243, 10-15-2013)

Refer to chapter 9.84, "Permit Revocations", of this title. (Ord. 243, 10-15-2013)