The Temporary Use Permit allows for short-term activities which
may be appropriate when regulated.
(Prior code § 159.70.010; Ord. 782 6-20-23)
The following temporary uses may be permitted, subject to the
issuance of a Temporary Use Permit:
A. Real
estate offices within approved development projects;
B. On-
and off-site contractors’ construction yards in conjunction
with an approved development project;
C. Trailer,
coach, container, construction trailer, or mobile home as a temporary
use for the property owner or contractor when a valid building permit
is in force. The permit may be granted for up to 180 days, or upon
expiration of the building permit, whichever first occurs;
D. Container
or storage pod for the temporary storage of household goods when improvements
are being made to the property;
E. Christmas
tree sale lots; however, a permit shall not be required when such
sales are in conjunction with an established commercial business holding
a valid business license, provided such activity shall be only held
from November 1st through December 31st, subject to all applicable
provisions of the municipal code;
F. Circuses, rodeos and carnivals, subject to compliance with Chapter
17.156;
G. Fairs,
festivals and concerts, when not held within premises designed to
accommodate such events, such as auditoriums, stadiums, or other public
assembly facilities;
H. Emergency
public health and safety needs;
I. Similar temporary uses which, in the opinion of the Director are compatible with the land use district and surrounding land uses, pursuant to Section
17.04.070(C) (Similar Uses Permitted);
J. City-sponsored
uses and activities, not occupying a structure and occurring at regular
periodic intervals (weekly, monthly, yearly, etc.); and
K. Temporary mobile food vending at private and public properties pursuant to Chapter
5.52.
(Prior code § 159.70.020; Ord. 690 9-3-19; Ord. 782 6-20-23)
A Temporary Use Permit may be approved, modified, conditioned, or denied by the Director. The Director may refer such application to the Planning Commission. Decisions of the Director may be appealed to the Planning Commission, pursuant to Chapter
17.104 (Hearings and Appeals).
(Prior code § 159.70.030; Ord. 782 6-20-23)
The Director may approve, or conditionally approve a Temporary Use Permit application, only when all the findings contained in Section
17.76.050 (Conditional Use Permits—Findings) are made.
(Prior code § 159.70.040; Ord. 782 6-20-23)
In approving an application for a Temporary Use Permit, the Director may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by Section
17.76.050. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to:
A. Provision for a fixed period not to exceed 90 days unless otherwise specified in this Chapter for a temporary use not occupying a structure, including promotional activities, or 1 year for all other uses or structures, or for a shorter period of time as determined by the Director. Periodic City-sponsored uses or activities outlined in Section
17.136.020(J) are not subject to the fixed time limitations of this condition as determined by the Director;
B. Provision
for temporary parking facilities, including vehicular ingress and
egress;
C. Regulation
of nuisance factors such as, but not limited to, prevention of glare
or direct illumination on adjacent properties, noise, vibration, smoke,
dust, dirt, odors, gases, and heat;
D. Regulation
of temporary structures and facilities, including placement, height
and size, location of equipment and open spaces, including buffer
areas and other yards;
E. Provision
for sanitary and medical facilities;
F. Provision
for solid, hazardous and toxic waste collection and disposal;
G. Provision
for security and safety measures;
I. Regulation of operating hours and days, including limitation of the duration of the temporary use, as outlined in subsection
A of this section;
J. Submission
of a performance bond or other surety devices, satisfactory to the
City Engineer, to ensure that any temporary facilities or structures
used will be removed from the site within a reasonable time following
the event and that the property will be restored to its former condition;
K. Submission
of a site plan indicating any information required by this chapter;
L. Requirements
for access per the Americans with Disabilities Act;
M. A
requirement that the approval of the requested Temporary Use Permit
is contingent upon compliance with applicable provisions of the municipal
code; and
N. Any
other conditions which will ensure the operation of the proposed temporary
use in an orderly and efficient manner and in accordance with the
intent and purpose of this chapter.
(Prior code § 159.70.050; Ord. 782 6-20-23)
Each site occupied by a temporary use shall be left free of
debris, litter, or any other evidence of the temporary use upon completion
or removal of the use, and shall thereafter be used, pursuant to the
provisions of this Zoning Ordinance.
(Prior code § 159.70.060; Ord. 782 6-20-23)
A Temporary Use Permit may be revoked or modified by the Director
if any one of the following findings can be made:
A. Circumstances have changed so that one or more of the findings of fact contained in Section
17.76.050 can no longer be made;
B. The
Temporary Use Permit was obtained by misrepresentation or fraud;
C. One
or more of the conditions of the Temporary Use Permit have not been
met; and
D. The
use is in violation of any statute, ordinance, law, or regulation.
(Prior code § 159.70.070; Ord. 782 6-20-23)