Chapter 17.135
TEMPORARY USE PERMITS
Sections:
17.135.050 Compliance with conditions of approval.
17.135.060 Vested interest in approved temporary use permits.
17.135.070 Time limit on an approved temporary use permit.
17.135.010 Purpose.
The purpose of the temporary use permit procedure is to allow on an interim basis temporary uses in the city not otherwise allowable in a zoning district and not otherwise a nonconforming use. No temporary use permit can be granted which would have the effect of permanently rezoning or granting a privilege not shared by other property in the same zone.
Location and operation of designated temporary uses shall be subject to review and authorized only with issuance of a temporary permit, with the exception of uses that fall into the exceptions category described in JCMC 17.135.090. The purpose of the review shall be to determine that the characteristics of any such use shall not be unreasonably incompatible with the type of uses permitted in the surrounding areas, and for the further purpose of establishing such conditions as may be reasonable so that the basic purposes of this chapter shall be served. Nothing herein shall be construed to require the granting of a temporary use permit. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.020 Application.
A. Applications shall be filed with City Hall on the form prescribed by the city administrator at least three weeks prior to the planning commission’s public hearing. The application shall be accompanied by the fee set forth in the city’s fee schedule.
B. Applications for temporary use permit for mobile food units shall be filed with City Hall on the form prescribed by the city administrator. The application shall be accompanied by the fee set forth in the city’s fee schedule. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.030 Criteria.
A temporary use permit may be granted only if:
A. The temporary use is not inconsistent with the nature of the zoning district in which it is placed.
B. The temporary use is not inconsistent with the Junction City comprehensive plan.
C. Temporary Use Permit for Mobile Food Units. Placement of mobile food units on land zoned general commercial (GC) or central commercial (C2) within the city limits requires an annual permit using a Type I procedure under JCMC 17.150.070(A)(1). The city may approve an application for a temporary use permit for a mobile food unit if, in the city’s sole discretion, an applicant satisfies the following criteria:
1. The applicant provides proof of valid Lane County mobile food unit license. License must be valid for the duration of the city of Junction City mobile food unit permit.
2. The applicant provides proof of general commercial liability insurance coverage for the licensee’s operations in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. In addition, the applicant shall provide proof of property damage insurance coverage in an amount not less than $100,000 per occurrence and $500,000 aggregate. While proof of such coverage must be submitted by applicant, city is not required to determine the accuracy or completeness of the proof provided. Applicant is solely responsible for maintaining valid insurance coverage for the duration of the city of Junction City mobile food unit permit.
3. The applicant provides proof of the commercial property owner’s permission to place the mobile food unit on their property.
4. The mobile food unit will be located in compliance with the property line setbacks of the parcel of land on which it is located.
5. Ingress and egress are safe and adequate for the mobile food unit and other uses on the property, as required by Chapter 17.90 JCMC, Off-Street Parking and Loading.
6. The mobile food unit will not cause an impediment or hazard to pedestrians in the area of the use.
7. The mobile food unit will not create adverse off-site impacts, including vehicle traffic, noise, odors, vibrations, glare, or lights that affect nearby use in a manner which other uses allowed outright in the zoning district do not affect the nearby use.
8. The mobile food unit will comply with applicable Oregon Health Authority mobile food unit license requirements, as enforced by the Lane County health department.
9. The mobile food unit and its placement comply with applicable building and fire code requirements.
10. Signage, other than information painted or written directly on the mobile food unit, shall comply with Chapter 17.115 JCMC, Signs.
11. The mobile food unit can be adequately served by city garbage, water, and sewer services, if applicable (the applicant shall be responsible for obtaining any related permits).
12. Temporary use permits for mobile food units will be effective for 12 months from the date of issuance. After 12 months from the date of issuance, the applicant must either remove the mobile food unit from the site or renew the temporary use permit.
13. The mobile food unit will be secured against unauthorized entry and protected from potential food contamination while not in use. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.040 Conditions.
A. Reasonable conditions may be imposed in connection with the temporary permit as necessary to meet the purposes of this chapter. Guarantees and evidence may be required that such conditions will be or are being complied with. Such conditions may include, but are not limited to, requiring:
1. Special yards and spaces;
2. Surfacing of parking areas;
3. Street and road dedications and improvements;
4. Control of points of vehicular ingress and egress;
5. Special provisions on signs;
6. Landscaping and maintenance thereof;
7. Maintenance of grounds;
8. Control of noise, vibration, odors or other similar nuisances;
9. Limitation of time for certain activities;
10. A time period within which the proposed use shall be developed;
11. A limit on total duration of use.
B. Where new structures and use thereof and new open land uses are permitted, the premises shall be required to be restored to the prior state within three months of the termination of the permit. Approved financial guarantee shall be required, if determined necessary by the planning commission, at the time of approval in sufficient amount to cover the estimated cost of such restoration. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.050 Compliance with conditions of approval.
Compliance with conditions imposed in the temporary use permit and adherence to the plot plan submitted as approved are required. Any departure from these conditions of approval and approved plans constitutes a violation of this chapter. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.060 Vested interest in approved temporary use permits.
A valid temporary use permit supersedes conflicting provisions of subsequent rezoning or amendments to this chapter unless specifically provided otherwise by the provisions of this chapter or the conditions of the approval of the temporary use permit. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.070 Time limit on an approved temporary use permit.
A. Authorization of a temporary use permit shall be void one year after the date of approval of the permit application or such lesser time as the authorization may specify.
All rights granted by the temporary use permit, where construction of a permanent structure is part of the basis for permit issuance, shall be null and void after six months from the date of approval of the permit application unless the grantee shall have commenced actual construction and, upon request, be able to establish to the satisfaction of the commission that it is still the intention of the grantee to use said temporary permit, and that construction to completion would be carried on within a reasonable time thereafter.
B. A temporary use permit for a mobile food unit shall be renewed one year from the date of approval of the permit application. If the temporary use permit for the mobile food unit is not renewed, the permit becomes void and the mobile food unit must be removed. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991.]
17.135.080 Modification.
Within the term of an existing duly issued permit, the city may approve a new location for the temporary mobile food unit without permittee’s payment of an additional application fee, subject to permittee’s submittal of:
A. An updated site plan;
B. Proof of commercial property owner’s permission to place the mobile food unit on their property;
C. Any other information requested by city to ensure continued compliance with all criteria established in JCMC 17.135.030(C). [Ord. 1266 § 2 (Exh. B), 2021.]
17.135.090 Exceptions.
The following categories of uses shall be exempt from the requirements of this chapter:
A. Temporary uses that do not exceed one week per year and that have been recurring on an annual basis.
B. A mobile food unit operating on a single site by invitation of the property owner or business owner for not more than 72 hours.
C. A mobile food unit operating on a single site for a maximum of 21 nonconsecutive days per calendar year. [Ord. 1266 § 2 (Exh. B), 2021; Ord. 1039 § 1, 1997; Ord. 950 Appx. F, 1991. Formerly 17.135.080.]