Certain land uses of a temporary nature as defined in TMC 9-1-202 (Definitions) may be authorized by the Development Services Director pursuant to the proper application process and subject to the limitations and standards contained herein. Temporary land uses otherwise regulated by the Turlock Municipal Code (Christmas tree sales, fireworks stands, closeout sales, and other similar uses) shall be exempt from this article.
(a) 
Limitations of use by zoning district.
(1) 
Commercial/industrial districts and planned development districts. Temporary uses of land may include, but are not limited to: sales office trailers, storage yards, parking lots, parking lot sales, outside sales of seasonal merchandise (produce, pumpkins, and the like), special events, and displays of community interest in which the temporary use is intended to be operated as defined in TMC 9-1-202 (Definitions). Temporary outside sales conducted by itinerant vendors are also subject to the regulations of Chapter 5-17 TMC. No temporary use of land permit shall be required for a parking lot sale in an organized shopping center when: (i) all of the participants are permitted uses in the center; (ii) the event is held on the improved portion of the site; and (iii) adequate parking is provided.
(2) 
Residential and residential planned development districts. Temporary uses of land may include, but are not limited to: contractor storage yards, model homes, and tract sales offices, when the temporary uses are incidental and accessory to the primary land uses permitted in the residential zoning district. This limitation shall not apply to accessory uses that are otherwise permitted and regulated by other sections of this Code (examples: home occupations, residential garage/yard sales).
(b) 
Duration of temporary uses. The temporary use of land for those activities permitted herein may be authorized for a limited and specified period of time not to exceed one (1) year in duration as set by the Development Services Director within the terms and conditions of each particular temporary use of land permit. The Development Services Director may consider and take appropriate action on a request for an extension of a temporary use of land for one (1) additional one (1) year period, upon review of a written request submitted no later than thirty (30) days prior to the expiration of the approved temporary use of land permit. In regards to the following specific temporary land uses, these time periods shall apply:
(1) 
Outside sales of seasonal merchandise (Christmas trees, pumpkins, and the like). The outside sale of seasonal merchandise and produce in one (1) location may be permitted up to a maximum of one hundred and thirty-five (135) days within a calendar year on a single property, with a limitation of no more than three (3) nonconsecutive separate events of a maximum of forty-five (45) days per each event.
(2) 
Outdoor commercial promotional/sales events.
(i) 
When located within an organized shopping center, commercial businesses that are not permitted uses in the center may be permitted for up to six (6) such special events per calendar year. Each separate temporary outdoor promotional/sales event shall not exceed seventy-two (72) hours in length.
(ii) 
For commercial business(es) that are part of an organized shopping center, there is no limit on the number or duration of the promotional or sales events when: (1) any or all tenants or owners within the center participate; (2) adequate parking is provided on site; and (3) the property owner has provided written permission for the event, if applicable.
(3) 
Itinerant vendors. No temporary use of land permit shall be required for any itinerant vendor that vends on the improved portion of a commercial or industrial property for a period of less than thirty (30) minutes during a twenty-four (24) hour period so long as the vendor does not relocate within one thousand (1,000') feet of such location. "Mobile food facilities" are regulated pursuant to TMC 9-2-124 and shall not be required to obtain a temporary use of land permit. All other itinerant vendors may be permitted up to a maximum of seventy-two (72) hours on a single property, with a limitation of no more than six (6) events of any type in any one (1) year at any single location.
(c) 
Signing.
(1) 
All signing related to an authorized temporary use of land shall comply with the temporary sign regulations in Article 5 of Chapter 9-2 TMC (Signs). A temporary sign permit shall first be obtained from the City prior to the installation of any temporary signage.
(2) 
Noncommercial signing, which may include balloons, pennants, and special displays, may be permitted as part of an approved temporary land use permit as specified above. Such noncommercial signs must be securely fastened or attached so as not to create any type of public safety hazard.
(d) 
Maximum number of temporary uses per lot. On properties less than one (1) acre in size, no more than one (1) temporary use may be permitted at any one (1) time. Exceptions to this provision may be made by the Director if it is determined that all of the findings in TMC 9-5-504 can be made. At no time shall two (2) similar temporary uses be permitted on any property less than one (1) acre in size.
(e) 
Maximum number and locations of temporary uses per applicant. No single organization or individual may conduct more than six (6) events of any type in any one (1) year at any single location. Furthermore, no single organization or individual may conduct events at more than three (3) locations in any one (1) year. For the purposes of this article, an "event" is a single occurrence of any temporary activity on a particular lot.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Any person may apply to the Development Services Department for approval of a temporary use of land not less than fifteen (15) days before the use is intended to begin. Such application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
All applications for a temporary use of land permit must first be approved in writing by the Development Services Director before such use commences. The Development Services Director may approve, conditionally approve, or disapprove an application for such use.
(b) 
The Development Services Director may require a conditional use permit as provided in Article 6 of this chapter, to allow for Planning Commission review and action on a temporary use of land permit request where a determination is made that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large. A conditional use permit must be required for those uses which would require such a permit under other provisions in this title.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services Director may approve an application for a temporary use of land for a period of time as specified in this chapter only upon making all of the following findings:
(a) 
The proposed use will not adversely affect adjacent structures and uses or the surrounding neighborhood;
(b) 
The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
(c) 
The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;
(d) 
The proposed use will not conflict with the terms or intent of any planned unit development permit or conditional use permit currently in effect on the property;
(e) 
The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
In authorizing an application for a temporary use of land permit, the Development Services Director shall include as conditions of approval, the following minimum provisions:
(1) 
The use will be limited to the dates and times (or period of time), nature, and extent prescribed by the Development Services Director;
(2) 
All work, including building, electrical, and plumbing will conform to all requirements of applicable codes;
(3) 
Provisions for fire protection and fire vehicle access will be made as prescribed by the Fire Chief;
(4) 
Signing will be limited to that approved by the Development Services Director;
(5) 
The site will be continuously maintained free of weeds, litter, and debris;
(6) 
Within three (3) days after removal of the temporary use, the site will be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed;
(7) 
Any additional limitations or conditions as required by the Development Services Director as conditions of approval.
(b) 
For applications for temporary use of land permits which allow for an itinerant vendor, the following minimum provisions and conditions shall also be applicable:
(1) 
An itinerant vendor sales stand and/or use shall not be located upon the paved or any unpaved portion of a public right-of-way nor impede the free and unobstructed use of any sidewalk. Push carts may use the public sidewalk so long as the cart does not impede the movement of pedestrians.
(2) 
The itinerant vendor sales activity, including the display of all related merchandise or products for sale, shall be limited to the immediate confines of the temporary street side stand, trailer, vehicle, or other enclosure approved as part of the permit.
(3) 
All uses shall be located in such a manner that will not impede the normal use of driveways serving the property where the use is proposed nor in such a manner that encourages customers to stop in the street or driveway to obtain vendor service.
(4) 
Uses providing for temporary street side stands, trailers, or vehicles shall comply with the setback/yard provisions of the specific commercial or industrial zone the use is proposed to be located in.
(5) 
Uses providing for temporary street side stands, trailers, or vehicles shall not reduce the number of off-street parking spaces below the minimum number specified for the zone district the use is proposed to be located in.
(1207-CS, Rep&ReEn, 05/28/2015)
A fee shall be paid by the applicant to cover the costs of processing and administering the temporary use of land permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.
(1207-CS, Rep&ReEn, 05/28/2015)