This chapter establishes requirements for uses not conducted within an enclosed building, which are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
(Ord. 2987-12 § 6)
"Temporary unenclosed use"
means a use not conducted within an enclosed building, or that is not fully screened from off-site view, which is conducted for a fixed, limited period of time with the intent to discontinue such use upon the expiration of the time period. Temporary unenclosed uses include car washes, Christmas tree or pumpkin retail sales lots, civic events, amusement rides, arts or crafts exhibitions, flea markets, religious or cultural festivals, business promotional events, and other similar events.
(Ord. 2987-12 § 6)
Temporary unenclosed uses are permitted in all zoning districts subject to the requirements of this chapter.
(Ord. 2987-12 § 6)
Temporary unenclosed uses shall comply with the following standards:
(a) 
Duration.
(1) 
General Duration. Except as otherwise specified in this section, a temporary unenclosed use is limited to:
(A) 
Thirty consecutive days at the same location. Unused hours or days within the thirty-day period are not stored or credited; and
(B) 
One occurrence (of up to thirty consecutive days) every sixty consecutive days from the last day of the authorized occurrence.
(2) 
Duration for Specified Uses.
(A) 
Christmas Tree and Pumpkin Sales Duration. Christmas tree or pumpkin sales lots may be operated for up to ninety consecutive days per calendar year.
(B) 
Car Wash Duration. Car washes are limited to two consecutive days and not more than ten total days in a thirty-day period.
(C) 
Vendor Duration. A permit issued for a vendor to conduct business on a property shall be valid for up to one calendar year from the date of permit issuance. Vendors shall comply with all applicable requirements of Chapter 5.26 (Vending).
(b) 
Noise. The temporary unenclosed use must comply with all applicable noise regulations in Chapter 19.42 (Operating Standards).
(c) 
Obstructions. The public right-of-way and vision triangles shall be free of all obstructions.
(d) 
Limited Hours Adjacent to Residential. If the temporary unenclosed use is within one hundred feet of any residentially zoned property, the hours of operation shall be limited to seven a.m. to ten p.m.
(e) 
Temporary Structures and Equipment. Temporary structures, trash, signs, and other fixtures shall be dismantled and removed within twenty-four hours of the last day of operation.
(f) 
Licenses and Permits. A Sunnyvale business license and other applicable permits and licenses shall be obtained.
(g) 
Signs. Signs for temporary unenclosed uses are subject to the temporary sign regulations under Chapter 19.44 (Signs).
(Ord. 2987-12 § 6)
(a) 
Special Event Permit. If the temporary unenclosed use requires closure of a public street or will likely have a significant impact on traffic, parking, public safety or other public services as a result of the number of vehicles and persons expected to attend, a special event permit under Chapter 9.45 (Special Event Permits) is required. Examples include a charity walk-a-thon held on public school property or an annual cultural festival. If a special event permit is required for a temporary unenclosed use, a miscellaneous plan permit is not required.
(b) 
Miscellaneous Plan Permit.
(1) 
Events Open and Advertised to the Public. If the temporary unenclosed use is open and advertised to the general public and does not require a special event permit, a miscellaneous plan permit is required in accordance with Chapter 19.82 (Miscellaneous Plan Permit). Examples include Christmas tree and pumpkin sales lots, retail sales events, or car wash fundraiser events.
(2) 
Not Accommodated by the Site. If the temporary unenclosed use is unable to be entirely accommodated on the site, but does not require a special event permit, a miscellaneous plan permit is required.
(3) 
Vending. If a vendor exceeds the operational standards under Section 5.26.070 (Vending on private property), a miscellaneous plan permit is required.
(c) 
No Permit. If the temporary unenclosed use does not require a special event permit, is not open and advertised to the general public, and can be entirely accommodated on the site, then the use may be conducted without a permit. An example is an onsite, outdoor company picnic for employees only.
(d) 
Permanent or Recurring Events. If the use is conducted longer or more frequently than the duration allowed in this chapter, a use permit is required.
(Ord. 2987-12 § 6)
(a) 
Decision on Miscellaneous Plan Permit. The director may approve a miscellaneous plan permit for a temporary unenclosed use pursuant to the findings in Chapter 19.82 (Miscellaneous Plan Permit) and in addition, the following findings:
(1) 
The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use; and
(2) 
The proposed use will not unreasonably affect adjacent properties, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of the city.
(b) 
Decision on Use Permit. A use permit application for a temporary unenclosed use shall be reviewed pursuant to the procedures and findings in Chapter 19.88 (Use Permits).
(c) 
Conditions. The director may impose conditions deemed necessary to achieve the findings for a miscellaneous plan permit including regulation of vehicular ingress and egress and traffic circulation; regulation of parking, regulation of lighting; regulation of hours and/or other characteristics of operation; improvements to site conditions; or such other conditions as the director may deem necessary and reasonable.
(Ord. 2987-12 § 6)