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.
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;
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)