The purpose of this article is to allow for short-term activities
that would be compatible with adjacent and surrounding uses when in
compliance with this article.
(§ 3, Ord. 771, eff. February 13, 2004)
The following temporary uses are allowed, subject to the issuance
of a temporary use permit within any nonresidential (e.g., commercial
or manufacturing) zoning district. This article shall not apply to
public park or public school sites, or other public property:
(a)
Christmas tree sale lots and Halloween pumpkin sales facilities;
however, a permit shall not be required when the sales are in conjunction
with a legally established commercial business, holding a valid business
license, provided the activity may only be held from December 1 through
December 31 of the same year for Christmas tree sales, and from October
1 through November 1 of the same year for Halloween pumpkin sales;
(b)
Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers'
markets, festivals, outdoor entertainment/sporting events, rodeos,
and rummage sales. Sponsorship shall be limited to educational, fraternal,
religious, or service organizations directly engaged in civic or charitable
efforts, or to tax-exempt organizations in compliance with Section
501(c) of the Federal Internal Revenue Code. The time period for the
event shall not exceed five consecutive days within any 90 day period.
No more than three events shall be allowed at any one time within
the City;
(c)
Car washes, limited to one event each month for each sponsoring organization,
not exceeding one day in length. Sponsorship shall be limited to educational,
fraternal, religious, or service organizations directly engaged in
civic or charitable efforts, or to tax exempt organizations in compliance
with Section 501(c) of the Federal Internal Revenue Code;
(d)
Emergency public health and safety needs/land use activities;
(e)
Similar temporary uses which, in the opinion of the Director, are
compatible with the subject zoning district and surrounding land uses.
(§ 3, Ord. 771, eff. February 13, 2004)
The application shall be filed with the Department in compliance with Section 10-2.1805 (Application filing) A temporary use permit may be approved, modified, conditioned, or disapproved by the Director. The Director may defer action and refer the application to the Commission.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 68, Ord. 941, eff. November 10, 2023)
The Director shall review all applications and shall record
the decision in writing with the findings on which the decision is
based. The temporary use permit application shall be approved, with
or without conditions, only if all of the following findings are made:
(a)
The design and layout of the proposed temporary use would:
(1)
Be consistent with the actions, goals, objectives, and policies of
the General Plan and the development and design standards/guidelines
of the subject zoning district;
(2)
Not interfere with the use and enjoyment of neighboring existing
or future developments, and would not create traffic or pedestrian
hazards; and
(3)
Provide a desirable environment for its occupants and visiting public
as well as its neighbors through good and proper aesthetic use of
materials, texture, and color, and would be aesthetically appealing
and retain an appropriate level of maintenance.
(b)
The proposed temporary use would not:
(1)
Be detrimental to the public convenience, health, interest, safety,
or welfare, or materially injurious to the properties or improvements
in the immediate vicinity; or
(2)
Substantially depreciate property values in the immediate vicinity
or interfere with the use or enjoyment of property in the surrounding
neighborhood.
(c)
The proposed project has been reviewed in compliance with the provisions
of CEQA and/or the City's environmental review procedures.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 69, Ord. 941, eff. November 10, 2023)
In approving an application for a temporary use permit, the Director shall impose conditions which are deemed reasonable and essential to ensure that the permit would be in full compliance with the findings required by Section 10-2.2204. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
(a)
Provision for adequate temporary pedestrian and vehicular circulation,
parking facilities (including vehicular ingress and egress), and public
transportation, if applicable;
(b)
Regulation of nuisance factors, including prevention of glare or
direct illumination on adjacent parcels, dirt, dust, gases, heat,
noise, odors, smoke, trash, and vibration;
(c)
Regulation of temporary structures and facilities, including placement,
height and size, location of equipment and open spaces, including
buffer areas and other yards;
(d)
Provision for sanitary and medical facilities, as appropriate;
(e)
Provision for solid, hazardous, and toxic waste collection, recycling,
and/or disposal;
(f)
Provision for police/security and safety measures, as appropriate;
(g)
Regulation of signs;
(h)
Regulation of operating hours and days, including limitation of the
duration of the temporary use;
(i)
Submission of a performance bond or other security measures, satisfactory
to the Director, to ensure that any temporary facilities or structures
used would be removed from the site within a reasonable time following
the event and that the property would be restored to its former condition,
or better as determined by the Director;
(j)
A requirement that the approval of the requested temporary use permit
is contingent upon compliance with applicable provisions of the Municipal
Code and the successful granting of any/all required permits from
any other department or governing agency; and
(k)
Other conditions which would ensure the operation of the proposed
temporary use in an orderly and efficient manner, and in full compliance
with the purpose of this article.
(§ 3, Ord. 771, eff. February 13, 2004)
Each site occupied by a temporary use shall be cleaned of debris,
litter, or any other evidence of the temporary use upon completion
or removal of the use, and shall continue to be used in compliance
with these Zoning Regulations.
(§ 3, Ord. 771, eff. February 13, 2004)
The Director may revoke or modify a temporary use permit in compliance with Article 34 of this chapter with only a 24 hour notice.
(§ 3, Ord. 771, eff. February 13, 2004)
