Chapter 5.22
REGULATION OF TEMPORARY BUILDINGS AND LAND USES
Sections:
5.22.020 Uses subject to administrative review.
5.22.040 Uses permitted with a temporary use permit.
5.22.010 Purpose and intent.
It is the purpose and intent of these temporary use regulations to establish procedures for permitting certain types of temporary activities, such as Christmas tree, pumpkin and fireworks sales, grand openings and other special events. The intent is to prevent the creation of any nuisance or annoyance to the occupants of or visitors to adjacent buildings or premises, while avoiding lengthy approval procedures, thus streamlining the approval process. (Ord. 97-17, 10-28-1997)
5.22.020 Uses subject to administrative review.
A. The following regulations shall be applied to the Planning Director’s review and approval of temporary uses. Temporary uses shall be permitted only in those zone districts where temporary uses are specifically enumerated as a use subject to administrative review and approval.
B. Uses may be established subject to review and approval by the Planning Director, as permitted in this title, provided the Planning Director finds that the public necessity, convenience and welfare justify the approval and that the establishment, maintenance and operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. (Ord. 97-17, 10-28-1997)
5.22.030 Permit required.
A temporary use permit will be required for any of the uses enumerated in this chapter. The Planning Director may, from time to time, specify the form of the temporary use application and permit. (Ord. 97-17, 10-28-1997)
5.22.040 Uses permitted with a temporary use permit.
The following uses are eligible for a temporary use permit provided they meet the following criteria:
A. Carnivals and Fairs. Carnivals, circuses, fairs, festivals, animal displays, amusement rides, flea markets, farmer’s markets, special events promoting local agricultural products, promotions, and similar public assemblies on private property, and other similar gatherings, may be permitted only in a nonresidential zoning district for a maximum 10-day period of time upon the approval of a temporary use permit application by the Planning Director.
B. Christmas Tree Sales. Christmas tree sales lots shall be permitted only within commercial and industrial zoning districts and shall comply with the following requirements:
1. Such lots may be established only between Thanksgiving Day and New Year’s Day.
2. Such lots shall be restricted only to the sale of Christmas trees.
3. Such lots shall not be permitted to occupy any part of an off-street parking lot required to serve the permanent uses on the site.
4. Such lots shall be permitted to display signs only in accordance with the provisions of the Sign Ordinance.
C. Pumpkins, Retail Sales of. Occupancy and/or sales are limited to the period of time between October 10th and October 31st, both dates inclusive.
D. Fireworks, Retail Sales of. Occupancy and/or sales are limited to the period of time between June 25th and July 4th, both dates inclusive; operators must comply with all applicable City rules and regulations.
E. Special Sales Events. Grand openings and special events such as parking lot sales, clearance sales or other special temporary uses which in the opinion of the Planning Director are similar to the uses listed in this section and in City Resolution 94-53, subject to the following:
1. Such outdoor displays or sales or goods, merchandise or services shall be held no more than six times annually.
2. Each display or sale shall be limited to a maximum of 30 consecutive days.
3. All such sales shall be conducted by a business located within a building or property.
F. Produce. Sale of produce on the parcel of land on which such produce is grown provided that the principal use of said parcel is agricultural.
G. Neighborhood Parties. Neighborhood or block parties, fairs or festivals organized, conducted and administered by neighborhood residents of the neighborhood within which the party, fair or festival is conducted.
H. Temporary Land and Sales Uses. Temporary land uses, sales offices and buildings shall meet the following criteria:
1. A temporary sales office, and/or construction offices, open to the general public, may be permitted by the Planning Director within a new residential subdivision for a maximum period of one year.
2. Temporary commercial, industrial and administrative buildings may be permitted for a maximum two-year period of time, but only after approval of a conditional use permit application by the City Planning Commission.
3. All temporary land uses, sales offices, construction offices and buildings shall be connected to water and sewer services as required by the Building Official, Director of Public Works, Fire Chief and Stanislaus County Health Department.
I. Temporary Use Requirements. Each temporary use shall:
1. Be described on the application and the permit therefor issued prior to the commencement of the activity. This permit shall be in addition to all other licenses, permits or approvals otherwise required by this title.
2. Provide off-street parking spaces in a number equivalent to the number of parking spaces required for retail uses pursuant to the provision of NCC 5.17.030.
3. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust.
4. No display shall encroach on a public right-of-way.
5. All signs and structures shall conform to applicable City codes.
6. Sanitary facilities, either portable or permanent, shall be made available to all employees, attendants and participants of the activity during the operational hours of the event.
7. All sites shall be completely cleaned of debris and temporary structures, including, but not limited to: trash receptacles, signs, stands, poles, electric wiring or any other fixtures and appurtenances or equipment connected therewith within five days after the termination of the event.
8. A bond or cash deposit in the amount of $500.00 shall be deposited with the City for activities that occur on vacant or undeveloped lots to assure adequate cleanup. Additional bonding for other issues of liability may be required by the City.
J. Prior Determinations for Temporary Use Permit Approval. The Planning Director shall only approve an application for a temporary use permit, if all of the following findings can be made:
1. The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.
2. The additional parking required by the temporary use will be provided pursuant to Chapter 5.17 NCC.
3. Increased traffic caused by the temporary use will not adversely affect the surrounding neighborhood or City at large.
4. The proposed temporary use is consistent with all General Plan, City regulations, Municipal Code, including securing the required City business license as per NCC 3.01.040 and 3.01.180.
K. Conditions of Approval. The Planning Director may impose such conditions on a temporary use permit as are necessary to meet the purposes of this chapter and protect the public health, safety and welfare and adjacent uses. Conditions which may be imposed include, but are not limited to:
1. Setbacks and open space requirements.
2. Parking and circulation.
3. Fences, walls or other screening.
4. Signs.
5. Vehicular and pedestrian ingress and egress.
6. Property maintenance during the course of the activity.
7. Control of illumination, noise, odor, vibration or other nuisances.
8. Hours of operations.
L. Referral to the Planning Commission. The Planning Director may refer any administrative review application to the Planning Commission for review and approval.
M. Appeal of Administrative Review Decision. Any person who is dissatisfied with the decision of the Planning Director may appeal that decision to the Planning Commission in accordance with the procedures in this title. (Ord. 97-17, 10-28-1997)