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)