§ 15.02.110. Temporary use permit.
A.
Purpose. A temporary use permit is required for limited term activities or events, which occur on private property within the city, that may potentially create off-site impacts to surrounding properties and the neighborhood in which it will occur.
B.
Authority. The zoning administrator shall take formal action on requests for temporary use permits.
C.
Procedure. All applications shall be filed in accordance with the requirements of Section 15.02.060 "General application process."
1.
The zoning administrator shall grant temporary use permits for those uses listed in Section 15.02.110E (Permitted Temporary Uses) below, so long as they comply with the requirements of this section, including Section 15.02.110D (Standards for Temporary Uses) and this ordinance. Unless expressly provided in this section, every temporary use shall comply with the bulk requirements applicable in the district in which the temporary use is located.
2.
Temporary uses not specifically listed here shall require the specific approval of the city council. Such uses may be allowed in any zoning district, provided that such temporary use is consistent with the purpose and intent of this ordinance and the zoning district in which it is located.
3.
Every temporary use shall comply with other conditions required as part of permit approval as may reasonably be necessary to achieve the purposes of this ordinance, and to protect the public health, safety and general welfare.
D.
Standards for Temporary Uses. All temporary uses shall comply with all the standards listed below:
1.
No temporary use shall be permitted that causes, or threatens to cause, an on- site or off-site threat to the public health, safety and general welfare.
2.
Every temporary use shall be operated in accordance with any restrictions and conditions as other departments may require. If required by the city, the operator of the temporary use must employ appropriate security personnel.
3.
No temporary use shall be permitted if the additional vehicular traffic reasonably expected to be generated by such use would have undue detrimental effects on surrounding streets and uses.
4.
No temporary use shall be authorized that would unreasonably reduce the amount of required parking. The zoning administrator may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, on the basis of the particular use, its intensity and the availability of other parking facilities in the area. The zoning administrator shall approve such temporary use only if such parking spaces are provided.
5.
No temporary use shall be permitted if such use would conflict with another previously authorized temporary use.
6.
Signs shall be permitted only in accordance with this ordinance.
E.
Permitted Temporary Uses.
1.
Batch Plants (Temporary).
a.
Temporary batch plants are valid only for the duration of a project, not to exceed six months. However, at the end of the six month period, the zoning administrator may renew the permit for another six months or to the conclusion of the project, whichever comes first. At the end of such a project, the contractor must restore the area to its original condition.
b.
Temporary batch plants shall be located at least on thousand (1,000) feet from any recreational area, school or residence.
c.
Temporary batch plants shall be located and designed to mitigate water quality impacts to receiving water bodies, including locations away from watercourses, drainage courses and drain inlets.
d.
As part of the permit application process, the contractor shall submit a routing of trucks to and from the proposed plant as a condition to be approved prior to granting application approval. A temporary batch plant shall only be allowed access via arterial or collector roads and highways. Access via local residential and/or collector roads serving residential areas is prohibited.
2.
Christmas Tree Sales Lot and Pumpkin Sales Patch. Christmas tree sales and pumpkin sales patches are allowed in any non-residential zoning district. Any such use shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed forty-five (45) days. Sales of Christmas trees and pumpkins as an accessory use to a retail goods establishment do not require a permit. However, such accessory sales cannot occupy required parking spaces.
3.
Farmstands and Farmers Markets. Farmstands and farmers markets are allowed in any non-residential district. No product may be exhibited or offered for sale except the following: Fresh dairy goods, fruits, vegetables, juices, flowers, plants, herbs and spices produced or grown by the vendor, and baked goods made by the vendor(s).
4.
Outdoor Retail Sales. Retail goods establishments are permitted outdoor sales and display of merchandise, by either a storeowner or occupant, outside the store and within the same zoning lot. A retail goods establishment shall be permitted to display and sell its merchandise outdoors under the following conditions:
a.
No sales and display area shall be permitted in any public right-of-way or obstruct pedestrian or vehicular traffic. No sales and display area is permitted in any required yard.
b.
Outdoor storage is prohibited for retail goods establishments.
c.
A portion of the parking area may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). No more than ten (10) percent of the required parking area for the existing commercial use may be used for the temporary outdoor sales and display, unless approved by the zoning administrator.
5.
Temporary Contractor Trailers and Real Estate Model Units. Contractor trailers and real estate model units, including temporary real estate offices accessory to a new development, are allowed in any zoning district when accessory to a construction project or a new development. Contractor trailers shall be limited to a period not to exceed the duration of the active construction phase of such project. Real estate model units including temporary real estate offices, shall be limited to the active selling and leasing of space in such development or six months after issuance of the final certificate of occupancy, whichever is less. These uses shall not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. No trailer, unit or office shall be used as the general office or headquarters of any firm.
6.
Temporary Storage Containers.
a.
Temporary storage containers accessory to a construction or remodeling project are permitted in any zoning district. Containers are permitted on site for a period not to exceed the duration of the construction or remodeling project and must be removed within one month of receiving approval of final inspections or issuance of a certificate of occupancy.
b.
Temporary storage containers are permitted in any zoning district when used for loading or unloading. Temporary storage containers are permitted on site for this purpose for a period not to exceed seventy-two (72) hours. Such temporary storage containers present for loading or unloading do not require a temporary use permit.
c.
Temporary storage containers shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. Temporary storage containers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.
7.
Temporary Storage Trailers.
a.
Temporary storage trailers (i.e., rail shipping containers) shall not be used for permanent storage. They shall not serve as a substitute for permanent storage needs on the site on which they are located. All temporary storage trailers require a temporary use permit and, as part of temporary use approval, a time limit shall be determined by the zoning administrator.
b.
Temporary storage trailers shall not be permanently attached to the ground, serviced with permanent utilities or stacked on the site.
c.
Temporary storage trailers are permitted in non-residential districts only, and must be located within the rear yard and screened from the public right-of-way.
8.
Gardens, Private Multiple User (Off-premise).
a.
At the discretion of the community development department director or his/her assign a permit may be issued in any zoning district.
b.
The duration of the temporary use permit shall be for twelve (12) calendar months from the date of issuance. The following shall be submitted with the application:
(i)
A letter of support from the property owner of each adjacent residential property(s).
(ii)
Properties located within a subdivision, or in a neighborhood with an established neighborhood association and/or homeowner's association shall include a letter of support.
(iii)
A notice will be sent to each immediately abutting property owner giving them an opportunity to provide comment prior to issuance.
c.
A site plan and plan of operation are required.
d.
Detail plan of water supply.
e.
The use of the property is limited to daylight hours for the purposes of gardening only.
f.
Sales of horticulture or food crops shall not be permitted on site.
g.
Outdoor storage of equipment and/or tools is not permitted.
h.
Greenhouses and hoop houses are not permitted.
i.
The area used for production shall be setback at least five feet from every property line.
j.
Signage shall be limited to one ground or monument sign per premise and is limited to eight square feet with a maximum height of five feet.
(Ord. No. 6012, § 2, 10-27-2008; Ord. No. 6155, § 1, 4-23-12).