ARTICLE 75
TEMPORARY USES AND STRUCTURES
25-75-1: GENERAL PROVISIONS:
A. The uses described in this article shall be permitted in designated zoning districts, as outlined in appendix A, “Uses By Zoning District”, of this chapter, and subject to the issuance of a temporary use permit. article 155 of this chapter contains provisions for the issuing of temporary use permits.
B. All temporary uses are subject to time limits.
C. All temporary uses shall be subject to the following, where applicable:
1. The valid temporary use permit shall be prominently displayed in a manner to be visible at all times from the exterior of the permitted structure or vehicle associated with the use.
2. Installation of a permitted temporary structure or vehicle shall comply with all requirements and regulations of the municipal code, health department, and applicable state and federal agencies.
D. All temporary uses shall be subject to inspection and approval by the building official prior to issuance of a temporary use permit.
E. A site plan shall be submitted to the city for any temporary use. This site plan shall indicate at least the following:
1. The boundaries of the site on which the temporary use is proposed.
2. Proposed access, including the type and location of any proposed traffic control devices or persons.
3. The location of all proposed uses, including all fences, structures, and vehicles to be used as part of the operation of the temporary use.
4. The location and size of any proposed utility service.
5. The method of providing toilet facilities, including the location and type of any portable toilets.
F. All temporary uses shall be required to post a bond in an amount sufficient to restore the site of the temporary use to its preexisting condition and to allow compliance with all applicable codes.
G. This article shall not apply to city sponsored events. (Ord. #1563, §3)
25-75-2: HALLOWEEN PUMPKIN/CHRISTMAS TREE SALES FACILITIES:
Unless prohibited by the specific zoning district regulations, temporary Halloween pumpkin/Christmas tree sales facilities shall be permitted in any commercial, industrial, or airport district, or on any church or school site which abuts a collector or higher rated roadway, as designated in the general plan. All temporary Halloween pumpkin/Christmas tree sales shall be subject to the following requirements:
A. Date Of Opening: No Halloween pumpkin sales facility shall be open for business during any calendar year prior to October 4.
No Christmas tree sales facility shall be open for business during any calendar year prior to Thanksgiving.
B. Merchandise To Be Sold: A permitted Halloween pumpkin sales facility may not sell items not directly associated with pumpkins and Halloween decorations.
A permitted Christmas tree sales facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.
C. Electrical Permit: The applicant shall secure an electrical permit from the city if the facility is to be energized.
D. Removal Of Facility: By November 14, each Halloween pumpkin sales site shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility. If the Halloween pumpkin facility will be used in the same calendar year for Christmas tree sales, the site shall be cleaned and maintained in an orderly condition for the period between the closing of Halloween sales and the opening of Christmas tree sales.
Within fourteen (14) days after Christmas, the facility shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed prior to the establishment of the facility.
E. Fire Prevention Standards: Each sales facility shall comply with fire prevention standards as approved and enforced by the fire chief. (Ord. #1563, §3)
25-75-3: RESIDENTIAL TRACT SALES AND RENTAL OFFICE:
Temporary real estate offices, to be used solely for the first sale of homes or the first rental of apartments in projects of twenty (20) or more units within the same development, may be established within the area of an approved tentative tract subject to the provisions of this section.
A. Permitted structures and facilities:
1. Model homes in compliance with the zoning code applicable to the properties that are being sold.
2. Temporary sales office buildings.
3. Garages, attached and detached, in compliance with the zoning code applicable to the properties that are being sold.
4. Accessory buildings and structures in compliance with the zoning code applicable to the properties that are being sold.
5. Temporary and permanent fencing, walks, and structural amenities.
6. Temporary vehicle parking and maneuvering areas to provide off street parking as necessary for employees and guests.
7. Temporary vehicle accessways.
8. Streets and driveways which will be a permanent part of the residential project.
9. Recreational facilities which will be a permanent part of the residential project.
10. Temporary playgrounds, parks, and other recreational amenities, provided they are clearly identified as “temporary facilities for display only”.
B. Any approving action shall include those conditions and requirements deemed to be necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety (90) days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following findings:
1. That the access, parking, and circulation facilities will not result in excess traffic congestion or traffic safety hazards.
2. That the operation of the real estate office and associated activities will not conflict with adjacent and nearby residential uses.
C. A temporary use permit application for a temporary real estate office may be approved for a maximum time period of two (2) years from the date of approval. At the end of the two (2) year period, the use must either be terminated or the permit reapplied for. (Ord. #1563, §3)
25-75-4: TEMPORARY CONSTRUCTION OFFICE:
A temporary construction office, used during the construction of a main building or buildings on the same site, shall be permitted subject to the following conditions. A temporary construction office may not be used as a sales office.
A. The temporary office may consist of a manufactured home, commercial coach, self-contained recreational vehicle, mobile office, or modular structure, provided the structure or vehicle is erected or installed in accordance with uniform building code requirements for temporary construction offices.
B. A temporary construction office shall be removed or shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the main building or buildings. If construction is phased over a length of time, the permit may provide that certificates of use and occupancy may be issued for completed buildings.
C. Not later than the granting of certificates of occupancy for the last buildings in a tract or phase, the temporary construction offices shall be removed (or converted into permanent structures, where permitted).
D. If no construction activity is anticipated to occur for a period of forty five (45) days or more, the temporary office shall be removed and the site maintained in a clean and orderly condition. This provision specifically applies to construction offices associated with the development of homes within custom lot sales subdivisions. (Ord. #1563, §3)
25-75-5: SPECIAL OUTDOOR EVENTS:
The regulations of this section pertain to the temporary use of property for special outdoor events including, but not limited to, pageants, fairs, carnivals, and large athletic, religious, or entertainment events.
A “special event” is defined as any event which will attract two hundred (200) or more persons per day. A “major special event” is defined as any event which will attract five thousand (5,000) or more persons per day.
Such activities may be permitted as outlined in appendix A, “Uses By Zoning District”, of this chapter, subject to the following:
A. Activities conducted on property owned by or leased to the city and public road rights of way may require an encroachment permit issued by the city of Lynwood.
B. The temporary use may be permitted for a period not to exceed ten (10) consecutive days. Events recurring more than four (4) times in a calendar year are not considered temporary.
C. The director of development services may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the activity site within seven (7) days of the activity conclusion.
D. Applications for permits/certificates required by subsections A and B of this section shall be referred by the director of development services to other affected agencies as may be appropriate for review and comment.
E. Related issues including, but not limited to, police/security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection, and traffic control shall be satisfactorily addressed as may be required by the director of development services, environmental services director, sheriff department, fire department, or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health, and tent permits.
F. The director of development services or any other responsible city department head may impose any other additional conditions on the temporary use to ensure that the use is operated in a manner compatible with surrounding uses. (Ord. #1563, §3)