Chapter 9.60
TEMPORARY USE PERMITS
Sections:
9.60.040 Exempt temporary uses.
9.60.050 Allowed temporary uses.
9.60.060 Application filing, processing, and review.
9.60.080 Findings and decision.
9.60.090 Conditions of approval.
9.60.100 Condition of site following temporary use.
9.60.110 Post decision procedures.
9.60.010 Purpose of chapter.
The purpose of this chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.020 Definition.
A temporary (short-term) land use activity is a land use that is interim, nonpermanent, and/or seasonal in nature, not conducted for more than thirty (30) consecutive days in duration, unless otherwise specified in this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.030 Applicability.
A. Minor short-term activities. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
B. Temporary use permit required. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid temporary use permit.
C. Categories of land uses. The following two (2) categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
1. Exempt temporary uses are identified in Section 9.60.040 (Exempt temporary uses); and
2. Temporary use permits are identified in Section 9.60.050 (Allowed temporary uses). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.040 Exempt temporary uses.
The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. Uses that do not fall within the categories defined below shall comply with Section 9.60.050 (Allowed temporary uses).
A. Construction yards: On site.
1. On-site contractors’ construction yard(s), in conjunction with an approved construction project on the same parcel.
2. One adult caretaker may be present during nonconstruction hours.
3. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
B. Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the Council.
C. Publicly owned property. Events that are to be conducted on publicly owned property for three (3) or less consecutive days within a ninety (90) day period and are sponsored by educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.050 Allowed temporary uses.
The following temporary uses are allowed, subject to the issuance of a temporary use permit, and only when conducted in compliance with Section 9.60.090 (Conditions of approval):
A. Car washes. Car washes, limited to one event each month for each sponsoring organization, not exceeding three (3) days in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
B. Contractors’ construction yards. Off-site contractors’ construction yard. The permit may be effective for up to twelve (12) months, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
C. Events.
1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, secondhand sales, and swap meets for fourteen (14) consecutive days or less, or six (6) two (2) day weekends, within a twelve (12) month period.
2. Outdoor meetings and group activities within the parking areas for seven (7) consecutive days or less within a twelve (12) month period.
3. Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid business license; provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th of the same year for Christmas tree sales.
D. On-location filming. The temporary use of a specified and approved on-location site for the filming of commercials, movie(s), videos, etc. The Director shall find that the approval would not result in a frequency of use likely to create incompatibility between the temporary filming activity and the surrounding areas. The temporary use shall be subject to any City-adopted filming activities ordinance.
E. Temporary sales trailers.
1. A trailer may be used for temporary sales activities (e.g., model home sales, etc.).
2. A permit for temporary sales trailer(s) may be granted for up to twelve (12) months.
F. Temporary structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum time period of twelve (12) months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.
G. Temporary work trailers.
1. A trailer or mobile home may be used as a temporary work site for employees of a business:
a. During construction or remodeling of a permanent commercial or industrial structure, when a valid building permit is in force; or
b. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.
2. A permit for temporary work trailer(s) may be granted for up to twelve (12) months.
H. Other similar temporary uses. Similar temporary uses which, in the opinion of the Director, are compatible with the subject zoning district and surrounding land uses. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.060 Application filing, processing, and review.
A. Filing. An application for a temporary use permit shall be filed with the Department in the following manner:
1. Application required. An application for a temporary use permit, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
2. Application before operation. The application shall be filed with the Department at least thirty (30) days before the date that the proposed temporary use is scheduled to take place.
B. Contents. The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, and/or any other data/materials identified in the Department handout for temporary use permit applications.
C. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 9.60.080 (Findings and decision).
D. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
E. No public hearing required. A public hearing shall not be required for the Director’s decision on a temporary use permit application. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.070 Director’s decision.
The Director may approve a temporary use permit which would be operated in compliance with Section 9.60.090 (Conditions of approval), or the Director may defer action and refer the application to the Commission for review and final decision. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.080 Findings and decision.
A. Director’s review. The Director shall review all applications and shall record the decision in writing with the findings on which the decision is based.
B. Required findings. The Director (or the Commission on a referral) may approve a temporary use permit application, with or without conditions, only if all of the following findings are made:
1. The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
2. The proposed parcel 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 parcel;
3. The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate; and
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on site or at alternate locations acceptable to the Director. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.090 Conditions of approval.
In approving a temporary use permit application, the Director (or the Commission on a referral) may impose conditions which are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 9.60.080 (Findings and decision). These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
A. Fixed period of time. A provision for a fixed period of time not to exceed thirty (30) days for a temporary use not occupying a structure, including promotional activities, or twelve (12) months for all other temporary uses or structures, or for a shorter period of time as determined appropriate by the Director;
B. Operating hours and days. Regulation of operating hours and days, including limitation of the duration of the temporary use, as identified in subsection A of this section;
C. Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;
D. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;
E. Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
F. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;
G. Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;
H. Police/security and safety measures. Provision for police/security and safety measures, as appropriate;
I. Signs. Regulation of signs;
J. Performance bond or other security. Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event and that the property would be restored to its former condition, or better, as determined by the Director;
K. Compliance with applicable provisions. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of any/all required permits from any other department or governing agency; and
L. Other conditions. Other conditions which would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.100 Condition of site following temporary 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 Development Code. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.60.110 Post decision procedures.
The procedures relating to appeals, changes, expiration, performance guarantees, and revocation (temporary use permits only require a twenty-four (24) hour notice for revocation) that are identified in Division 6 of this title (Development Code Administration) and those identified in Chapter 82 of this title (Permit Implementation, Time Limits, and Extensions) shall apply following the decision on a temporary use permit application. (§ 2, Ord. 14-13, eff. October 8, 2014)