A temporary use permit is intended to allow for the short-term placement of activities in temporary facilities or outside of buildings. These activities shall be regulated so as to avoid incompatibility between such uses and surrounding areas.
(Ord. 765 § 61, 1989)
A temporary use permit shall be required for all uses listed in this chapter and also as set forth in Chapter 18.40, Land Use Regulations, and shall be approved by the zoning administrator prior to the commencement of the use. A public hearing shall not be required for the issuance of a temporary use permit, however, temporary uses may be subject to additional permits, other applicable approvals and licenses and inspections as required by law or regulation.
(Ord. 765 § 61, 1989)
Whenever a temporary use of land is subject to the provisions of this section, the owner of the property upon which such use of land is proposed to be located shall file with the zoning administrator an application for approval of a temporary use permit on forms prescribed by the zoning administrator accompanied by an application filing fee in an amount established by resolution of the city council.
The application shall set forth and include any information as the zoning administrator may require including that if the applicant is not the owner of the property upon which such use of land is proposed, he/she shall submit written authorization from the property owner to make such application. Issuance of a temporary use permit shall not become effective unless and/or until a business license has been obtained. Therefore, no business license shall be issued by the director of finance until documentary evidence of the issuance of a temporary use permit has first been shown.
(Ord. 765 § 61, 1989)
A temporary use permit may be issued by the zoning administrator for the following uses:
A. 
Christmas Tree/Pumpkin Patch Sales Lots. Permitted on a temporary basis for a maximum of thirty days in the CPD, C-G, C-M, I-L, I-G and IPD zones. Also permitted in the R-E and S-F zones if operated by a community or nonprofit group.
B. 
Circuses and Carnivals When Sponsored by a Community Nonprofit Organization. Sponsoring organization to be guaranteed a minimum of five percent of gross receipts if event is held at location not owned or leased by the sponsoring organization.
C. 
Fairs, Festivals and Concerts. When not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities.
D. 
Fund Raising Event. Sponsored by a community or nonprofit organization.
E. 
Modular/Trailer Units. Permitted only in industrial zones provided that a permanent primary structure is on the premises and prohibited in all other zones except as an office trailer used during construction; and for occupancy during declared city-wide conditions. This restriction shall not apply to modular/trailer units for government agencies which shall be permitted regardless of the specific zone.
Permitted modular/trailer units, except for office trailers used during on-site construction, shall be subject to the following review criteria:
1. 
One year temporary grant;
2. 
One year maximum extension;
3. 
Approval of a conditional use permit required if in place for more than two years;
4. 
Located out of setback areas and not visible from the street, unless under declared city-wide conditions;
5. 
Temporary electrical power to terminate with term of grant;
6. 
Skirting to be provided and wheel bases to be dismantled;
7. 
Building code installation requirements and Title 24 state handicap requirements to be met;
8. 
Limited to one unit per parcel less than two acres; limited to one unit per acre per parcel greater than two acres, exception to these provisions permissible under declared city-wide conditions;
9. 
Modular office to be state licensed and specifically designed for office use;
10. 
Upon termination of the grant, unit to be removed from the premises requiring a two-year waiting period for subsequent request;
11. 
Certification from school district required;
12. 
Twenty-four-hour occupancy is prohibited.
F. 
Movie production.
G. 
On-site and off-site contractor's construction yard related to an active construction project.
H. 
Outdoor religious activity.
I. 
Promotional Sales. Temporary outdoor display/sales of merchandise permitted in any commercial zone, provided that there shall be no more than three such displays/sales in any one twelve-month period and are not conducted for a period of more than four consecutive days; that such merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business. Besides the fee required for a temporary use permit, a cash bond in an amount established by a resolution of the city council shall be posted with the city to guarantee the removal of all merchandise.
J. 
Real estate sales office in conjunction with new residential development.
K. 
Similar temporary uses which, in the opinion of the zoning administrator are compatible with the zone and surrounding land uses.
(Ord. 765 § 61, 1989; Ord. 799 § 9, 1991; Ord. 852 § 49, 1994; Ord. 857 § 17, 1994)
Prior to the granting of any temporary use permit, the zoning administrator shall first determine whether the application therefor meets the requirements for such and shall consider the following:
A. 
That the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
B. 
That the proposed site is adequate in size and shape to accommodate the temporary use;
C. 
That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quality of traffic that such temporary use will or could reasonably generate;
D. 
That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the zoning administrator;
E. 
That the use would not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
(Ord. 765 § 61, 1989)
In approving an application for a temporary use permit, the zoning administrator shall impose such conditions as are deemed necessary to ensure that the permit could be in accord with the above findings. These conditions will involve any pertinent factors affecting the operation of the temporary use and will include but are not limited to:
A. 
Provision of temporary parking facilities, including vehicular access;
B. 
Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, odors, gases and heat;
C. 
Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
D. 
Provision of sanitary and medical facilities;
E. 
Provision of solid waste collection and disposal;
F. 
Provision of security and safety measures;
G. 
Regulation of signs;
H. 
Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;
I. 
Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition with no trash or debris remaining in the surrounding area;
J. 
Submit a site plan indicating any information required by the zoning administrator;
K. 
The approval of the temporary use permit is contingent upon compliance with applicable provisions of other ordinances;
L. 
Such other conditions which will ensure the operation of the requested temporary use in an orderly and efficient manner and in accordance with the intent of this chapter.
(Ord. 765 § 61, 1989)
The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64, except that the appeal may be filed no more than three days after the decision of the zoning administrator.
(Ord. 765 § 61, 1989)
A temporary use permit may be revoked if the zoning administrator finds that one or more of the following conditions exist:
A. 
Circumstances have changed to such a degree that one or more of the findings of fact required above are no longer true; or
B. 
The temporary use permit was obtained in a fraudulent manner; or
C. 
One or more conditions of the temporary use permit have not been complied with.
(Ord. 765 § 61, 1989)