Chapter 18.60
TEMPORARY USE PERMITS
Sections:
18.60.050 Nonresidential trailers.
18.60.070 Extensions of time – Fees.
18.60.080 Revocation of permits.
Prior ordinance history: Ordinances 1012, 1140, 1198 and 1223.
18.60.010 Intent and purpose.
The intent of this chapter is to permit at specific locations certain temporary activities and/or facilities that would otherwise be inappropriate as classified uses on a permanent basis. Such uses may be permitted for a period of four days to a maximum of six months, and an extension of six months or longer may be granted if good and valid reasons have been just established for such extension. It is further the intent to avoid incompatibility between such temporary uses and the surrounding areas by regulating such short-term land use activities so as to prevent or mitigate adverse effects associated with or resulting from such temporary uses. (Prior code § 10-3.3001)
18.60.020 Procedure.
The procedure for obtaining a temporary use permit shall be as follows:
A. Filing of Applications. An application for a temporary use permit shall be filed by the owner, lessee or other person having the right to the possession of the land for which the permit is sought. Such application shall be filed with the planning division on forms provided by the planning division. As part of the application, a plot plan shall be submitted which is drawn to scale and which designates all land uses on the property, the location of the proposed temporary activity/facility, utility connections, yards, off-street parking, and other information which the planning division may require.
B. Filing Fees. The applicant shall pay to the city a filing fee established by city council resolution to defray the costs incurred by the city in processing the temporary use permit application.
C. Findings and Decisions. The community development director or his duly appointed representative shall review the application, consult with those departments of the city which might have an interest in or jurisdiction over some aspect of the proposed temporary use, make any necessary investigation, and grant or deny the permit based on specific findings. (Ord. 1629 § 28, 2003; prior code § 10-3.3002)
18.60.030 Conditions.
In approving an application for a temporary use permit, the community development director may impose such conditions as he deems necessary to insure that the permit will be in accord with the findings required by Section 18.60.020C. Such conditions may involve any pertinent factors affecting the operation of such temporary use. In addition to such other conditions as the community development director may impose, it shall also be deemed a condition of every temporary use permit, whether such condition is set forth in the temporary use permit or not, that such approval shall not authorize the construction, establishment, alteration, moving onto, or enlargement of any permanent building, structure or facility. (Prior code § 10-3.3003)
18.60.040 Burden of proof.
In addition to the information required in the application, the applicant for a temporary use permit shall substantiate to the satisfaction of the community development director that the operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and that the proposed site is adequate in size and shape to accommodate such temporary use without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and that sufficient off-street parking spaces are provided; and that the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate. (Prior code § 10-3.3004)
18.60.050 Nonresidential trailers.
A temporary use permit for a nonresidential trailer may be issued in the following cases:
A. A nonresidential trailer used for a temporary office on property on which permanent facilities for persons occupying such trailer are being constructed; and
B. A nonresidential trailer used for a temporary office occupied only by employees of a business or manufacturer conducting business on property not normally open to the general public. (Prior code § 10-3.3005)
18.60.060 Exemptions.
The following temporary uses, for which a special permit must be granted by the council, shall be exempt from the provisions of this chapter:
A. Carnivals, bazaars, fairs, festivals, pageants, exhibitions and religious observances provided such events do not exceed three days in duration;
B. Christmas tree sales sponsored by a public agency or nonprofit organization, such as religious, fraternal, educational or service groups directly engaged in civic, charitable or public service endeavors; and
C. Fireworks stands. (Ord. 1738 § 26, 2012; prior code § 10-3.3006)
18.60.070 Extensions of time – Fees.
When a request for an extension of time within which to comply with any requirement or condition imposed pursuant to the provisions of this chapter is filed for approval, a fee in an amount established by city council resolution shall be paid for the purpose of defraying the costs incidental to the processing of such request. (Ord. 1629 § 29, 2003; prior code § 10-3.3007)
18.60.080 Revocation of permits.
The community development director may revoke any temporary use permit for noncompliance or for any violation of the conditions set forth in granting such permit. A written notice of intention to revoke shall be mailed to the permittee not less than ten days before the date of revocation. The applicant may appeal the decision to revoke a temporary use permit pursuant to the procedures set forth in Section 18.60.090. (Prior code § 10-3.3008)
18.60.090 Appeals.
Any person or body, public or private, may appeal the decision of the community development director to the commission. Such appeal shall be filed with the planning division within ten days after the date of the decision of the community development director. Upon the receipt of such an appeal, the community development director shall place the matter for consideration on the agenda of the first regular meeting of the commission following ten days’ written notice to the appellant and/or applicant. The decision of the commission shall be final. (Prior code § 10-3.3009)