Chapter 23.922
TEMPORARY USES
Sections:
23.922.030 Temporary use regulations.
23.922.040 General development standards.
23.922.010 Purpose.
The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.010)].
23.922.020 Permit required.
A. Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Chapter 23.116 RCMC (Temporary Use Permits). Additionally, the designated approving authority may impose conditions on the approval of a temporary use consistent with the standards of Chapter 23.116 RCMC (Temporary Use Permits).
B. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for an administrative use permit for said activity; provided, that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the administrative use permit shall be in accordance with the standards of Chapter 23.125 RCMC (Administrative Use Permits). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.020)].
23.922.030 Temporary use regulations.
A. Exempt Temporary Uses. The following temporary uses are exempt from the permit requirements of this chapter, provided they comply with the development standards listed herein:
1. Garage and yard sales. Permitted on any parcel where the sale operator resides, not to exceed three sales per calendar year and two consecutive days for each sale.
2. Emergency facilities. Temporary facilities to accommodate emergency public health and safety needs and activities.
3. Construction yards – on-site. Yards and sheds for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity.
4. Portable storage containers. Any pod or box-like container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building and outside of the public right-of-way. No more than two portable storage containers may be on a property at any given time and storage is limited to a maximum of 60 consecutive days.
5. Fireworks stands. Other permit(s) may be required by the fire district and/or other regulatory agencies and a valid business license may be required.
6. Mobile food vendors are permitted on property with a nonresidential zoning designation (see RCMC 23.910.040 for additional standards).
7. Activities conducted on public property or within the public right-of-way that are approved by the city or as otherwise required by the municipal code.
B. Allowed Temporary Uses and Related Standards. The following temporary uses may only be established after first obtaining a valid temporary use permit as described in RCMC 23.922.020 (Permit required). Uses that do not fall within the categories defined below shall comply with the use and development regulations and planning permit requirements that otherwise apply to the property:
1. Construction office. A temporary construction office, used during the construction of a main building or buildings on the same site.
2. Construction yards – off-site. Site contractors’ construction yards, in conjunction with an approved construction project.
3. A mobile home for temporary caretaker quarters during the construction of a subdivision, multifamily, or nonresidential project, while a valid building permit is in force.
4. Temporary real estate offices, including sales trailers and related facilities, may be established within the area of an approved residential subdivision project, solely for the first sale of homes. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects as deemed necessary may be imposed as part of the temporary use permit. The temporary use permit may be extended beyond the initial year by entering into an agreement with the city to ensure that the sales center and related facilities are properly maintained by the property owner for the length of time specified in the agreement.
5. Outdoor storage, displays, and sales (e.g., sidewalk sales). Outdoor storage, sales, and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent use. The temporary activity must be related to the on-site use and provided all activities shall be conducted within the buildable portion of the lot. The temporary activity is limited to a maximum of 30 consecutive days. A total maximum of four 30-day periods are permitted per year. Storage, sales, and display may not occupy more than 10 percent of the parking area and shall not substantially alter the existing circulation pattern of the site. Temporary storage, sales, and displays shall not obstruct any existing handicapped-accessible parking space.
6. Seasonal sales lots. Temporary seasonal sales activities (e.g., Christmas trees, pumpkin sales, and other similar outdoor sales) may be permitted in any commercial or industrial zoning district, or on any religious facility or school site that abuts a collector or arterial roadway as designated in the General Plan. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any nonresidential zoning district upon issuance of a temporary use permit. Only one permit per property is permitted within a one-year time period and the term of permit shall not exceed 60 days.
7. Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued. The temporary dwelling shall be limited to a maximum of one year.
8. Temporary signs. Banners and other signage displays are permitted for a period not to exceed 60 days. No more than two temporary use permits for temporary signs shall be issued for the same property per calendar year. Inflatable signs are prohibited. See RCMC 23.743.070 (Allowed temporary on-site sign standards, for standards); and additional limitations.
9. Temporary structures (e.g., tents). A Sacramento metro fire permit is required as part of application.
10. Grand opening event/special day or weekend event (e.g., auction, craft fair, carnival, parking lot sale). The temporary activity is limited to a maximum of 30 consecutive days. A total maximum of four 30-day periods are permitted per year. The use must be located on mixed-use, automotive, and industrial zoned land. Flea markets are not permitted.
11. Farmers’ markets may be permitted, provided such markets qualify as certified farmers’ markets and all producers/vendors qualify as certified producers under the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions establishing the length of the permit, days and hours of operation, and other development factors as deemed appropriate.
12. When a temporary use is not specifically listed in this section, the director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use. [Ord. 5-2019 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.030)].
23.922.040 General development standards.
Each use granted a temporary use permit shall comply with all applicable zoning district and development standards as outlined in this zoning code. The director shall establish the following standards in combination with the provisions in RCMC 23.922.030 (Temporary use regulations) and based on the type of temporary use, in addition to standards in the zoning code, for guidance:
A. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code.
B. Limitation on the duration of approved temporary structures, to a maximum of one year, so that they shall not become permanent or long-term structures.
C. Other requirements as appropriate to minimize any adverse impacts of the use. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.040)].
23.922.050 Similar uses.
When a temporary use is not specifically listed in this section, the director shall determine whether the proposed use is similar in nature to listed use(s) and shall establish the term and make necessary findings and conditions for the particular use, consistent with the provisions for similar use determination in Chapter 23.122 RCMC (Similar Use Determinations). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.8.050)].