Temporary use permits shall be required for all of the activities enumerated in Section
21.28.020 and all activities found similar or related thereto, except such activities sponsored by the City, or sponsored by a school district if conducted on the premises of such district. The activities, being temporary in nature, possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon such conditions as may be deemed appropriate, in the manner hereinafter set forth in this chapter.
(Ord. 2097 § 3, 2013)
(A) No person shall sponsor, participate or engage in any of the following
enumerated activities, without first obtaining a temporary use permit
therefor, issued by the City Planner:
(4) Temporary outdoor exhibits of equipment, goods or services, excepting
retail or wholesale sales permitted under other provisions of this
code;
(5) Aircraft and helicopter landings and demonstrations; parachutist
demonstrations;
(6) Outdoor public parades, marches, or similar demonstrations or gatherings
of more than 25 people;
(7) The indoor and outdoor sale of Christmas trees or pumpkins, except
when such sales are in conjunction with an established commercial
business, holding a valid City business license; provided such activity
shall be permitted for a period not in excess of 30 consecutive calendar
days;
(8) Temporary outdoor display and sales of merchandise in any C Zone
provided that:
(a) There shall be no more than six such displays and sales in any calendar
year,
(b) Such sales shall be at least seven days apart and are not conducted
for a period of more than four consecutive days,
(c) Such merchandise is customarily sold on premises and such premises
are utilized for a permanently established business;
(9) Promotional sales, fundraising sales or events and promotional events, as defined in Chapter
21.04, conducted in the C or O-P Zones, which lot is utilized by an existing use authorized by the zoning regulations contained in this title, provided that:
(a) The total aggregate number of such events or sales upon any one lot
shall not exceed 45 days in any one calendar year,
(b) The duration of any such sale or event shall not exceed three consecutive
days,
(c) The owner has, in writing, consented thereto;
(10) Mobile food truck off-street venues.
(B) The duration of permits for the activities enumerated in subsections
(A)(1) through
(6) inclusive, shall be limited to a period not to exceed seven consecutive calendar days.
(C) No person shall engage or participate in any of the above-mentioned
activities for a longer period of time than set forth above, without
first obtaining a conditional use permit therefor.
(D) The temporary sales of fireworks, subject to the regulations set forth in Chapter
17.02.
(E) The issuance of a temporary use permit, pursuant to this chapter,
shall not be deemed a waiver of any requirement of any other provision
of this code.
(F) Any tent or membrane structure enclosing more than 400 square feet
of area shall be first permitted by the Fire Department.
(G) Signs, banners, pennants and balloons shall be subject to the requirements set forth in Chapter
21.24, Sign Regulations.
(Ord. 2097 § 3, 2013; Ord. 2146 § 6, 2018; Ord. 2228 § 5, 2023)
The City Planner shall notify and discuss with the Chief of
Police or his/her appointed designee the facts together with all pertinent
information pertaining to the temporary use permit prior and after
issuance. The Chief of Police shall have the responsibility of administrative
enforcement. Where the Chief of Police determines that other permits,
licenses or fees are required by law, the Chief of Police shall notify
the respective City department or other agency having jurisdiction
thereof, then he or she shall suspend the permit until all such other
licenses, permits or fees are obtained.
The Chief of Police shall inspect the activities, for which
temporary use permits have been issued, at appropriate times during
the duration of such permit. The Chief of Police shall maintain suitable
records on all enforcement matters herein and all matters related
thereto, that may be pertinent to the use, activities, or the public
welfare.
(Ord. 2097 § 3, 2013)
The City Planner shall refuse to issue a permit if the activity
would not be compatible with the preservation of the public peace,
safety or general welfare, or if the same would be injurious or detrimental
to properties adjacent to, or in the vicinity of, the proposed location
of the activity. The City Planner shall give written notice to the
applicant of the fact of such denial.
(Ord. 2097 § 3, 2013)