Chapter 19.275
TEMPORARY USES1

Sections:

19.275.010    Purpose and applicability.

19.275.020    Categories.

19.275.030    Zoning compliance.

19.275.040    Types of temporary uses, process, application requirements, and exceptions.

19.275.050    Duration.

19.275.060    Performance standards.

19.275.070    Food trucks/carts.

19.275.080    Regulation of temporary trailers, buildings, or other structures for construction, temporary business or sales, and outdoor storage containers for construction-related materials.

19.275.090    Regulation of portable moving containers for temporary accessory moving activities.

19.275.010 Purpose and applicability.

The purpose of this chapter is to establish a mechanism to permit certain temporary uses and structures to be conducted on a short-term basis, and provide performance standards for regulating such uses and structures to ensure their compatibility with existing uses and to prevent conflicts between pedestrian or vehicular movement, access to utilities, or emergency response.

It is recognized that certain temporary uses, while creating short-term noise, parking, and traffic issues, are beneficial to the residents of the city and should be allowed. It is also recognized that certain temporary uses are also temporary businesses as defined in Chapter 12.25 FWRC.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 91-112, § 1(127.05), 12-3-91. Code 2001 § 22-546.)

19.275.020 Categories.

Temporary uses” means all uses of a short-term nature or fixed duration, which do not require permanent construction and which are approved with a specific time limit.

The following categories of temporary uses are established:

(1) Class I temporary uses are temporary uses, such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers’ markets; community festivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or recreational activities; fundraising events; outdoor sales, swap meets; temporary stands for the sale of items such as food, toys, jewelry, goods, art and crafts, and firewood; food trucks/carts; and similar uses of a temporary or transitory nature or fixed duration as determined by the director.

(2) Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary nature.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 09-593, § 29, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-209, § 3, 3-15-94. Code 2001 § 22-547)

19.275.030 Zoning compliance.

(1) Class I temporary uses shall only be allowed in zoning districts where the use is authorized as a permanent use pursuant to the zoning charts of Chapter 19.195 through 19.240 FWRC, except as noted below.

(a) Churches, schools, and public agencies may conduct temporary uses in residential zones subject to the time limits specified in FWRC 19.275.050.

(b) Special event temporary uses such as farmers’ markets, fairs, festivals, and similar community-oriented uses may be allowed in any nonresidential zone at the discretion of the director.

(2) Class II temporary uses are allowed in any nonresidential zone.

(Ord. No. 12-716, § 3, 2-21-12.)

19.275.040 Types of temporary uses, process, application requirements, and exceptions.

(1) Class I temporary use.

(a) An application for a Class I temporary use shall be processed as a use process I application and can be approved if found consistent with the performance standards of FWRC 19.275.060. The director shall issue a written determination approving, conditionally approving, or denying the temporary use; provided that the director may require an application to be decided under process III as provided in subsection (2) of this section, when it is determined that the degree and scope of potential impacts of the temporary use proposal warrant such review.

(b) All applications for a Class I temporary use permit shall be submitted at least 30 days prior to the requested date of commencement of the temporary use and shall include:

(i) A completed master land use application for a temporary use on the form provided by the community and economic development department, along with all required signatures and temporary use information listed in that form, including signed consent from the property owner;

(ii) Required fees; and

(iii) Such information as is necessary for the director to evaluate the temporary use pursuant to FWRC 19.275.060.

(c) Exceptions.

(i) Any Class I temporary use that is required to obtain a temporary business registration pursuant to Chapter 12.25 FWRC shall not be required to obtain a Class I temporary use permit pursuant to this chapter, but shall be required to comply with the substantive provisions of this chapter including the zoning compliance of FWRC 19.275.030.

(ii) The following temporary businesses or activities, if generally consistent with their surroundings, shall not be required to obtain a temporary use permit:

(A) Residential garage or yard sales of typical size and duration;

(B) Merchandise and food sales by scouts, guides and similar nonprofit organizations;

(C) Typical residential-based lemonade and similar stands;

(D) Charitable car washes; and

(E) Temporary uses/activities of a similar nature as determined by the director.

(iii) Parking lot sales that are ancillary or directly related to a permitted use, that operate less than 12 consecutive or nonconsecutive days within a 180-day period, and which do not create parking or traffic impacts shall not be required to obtain a Class I temporary use permit.

(2) Class II temporary use.

(a) All applications for a Class II temporary use shall be reviewed and decided upon using this section and process III.

(b) All applications for a Class II temporary use permit shall include:

(i) A completed master land use application on the form provided by the community and economic development department, along with all required signatures and information listed on that form;

(ii) Required fees; and

(iii) Such information necessary for the director to evaluate the use pursuant to FWRC 19.275.060.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 09-594, § 150, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.10), 2-27-90. Code 2001 § 22-548. Formerly 19.275.030)

Cross reference: Permits and certificates of occupancy, Chapter 19.20 FWRC.

19.275.050 Duration.

(1) Residential zoning districts. A temporary use may occupy a site for no more than seven days per occurrence, twice within any 365-day period unless otherwise regulated. The director may authorize up to one seven-day extension per occurrence if such extension will be consistent with the requirements of this chapter. Any extension request shall be subject to applicable hourly review fees.

(2) Nonresidential zoning districts. A temporary use may occupy a site for no more than 45 days, whether consecutive or nonconsecutive within a calendar year. The director may authorize up to one 15-day extension if such extension will be consistent with the requirements of this chapter. Any extension request shall be subject to applicable hourly review fees. No more than one extension may be granted within any 365-day period.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 09-594, § 151, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 2001 § 22-549. Formerly 19.275.040)

19.275.060 Performance standards.

Approved temporary uses shall comply with the following performance standards:

(1) A temporary use shall not be conducted or locate on any site or property without the express consent of the owner(s) thereof.

(2) In conducting the temporary use, the applicant shall comply with all county, state, and federal laws, and all city ordinances and resolutions which are applicable to the use or the conduct thereof, and shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses, or other approvals.

(3) Temporary uses proposed within residential zoning districts shall not be permitted if they cause significant adverse impacts to residential uses, taking into consideration the characteristics of the residential neighborhood and the scale and duration of the temporary use.

(4) The temporary use and associated structures shall be compatible, on a short-term basis, with uses in the general vicinity and on adjacent properties.

(5) Each site occupied by a temporary use shall be kept free of debris and litter, and upon completion or removal of the temporary use, all debris, litter, or other evidence of the temporary use and associated activity shall be removed.

(6) Each site occupied by a temporary use must provide or have available sufficient off-street parking, vehicular maneuvering area, and access for customers, and must provide safe and efficient interior circulation and ingress and egress from a public or private right-of-way. A temporary use that is conducted within an established parking area shall not reduce available parking to the point that insufficient parking exists for the combination of uses on the site.

(7) All signs used in connection with any temporary use or activity shall comply with the applicable sign regulations of the city.

(8) Temporary uses shall not unreasonably impact the public health or safety, or create traffic hazards. The city may impose additional security measures and/or traffic control requirements.

(9) The noise associated with a temporary use shall not create a public nuisance or exceed the maximum decibel provisions of FWRC Title 7.

(10) The director may impose additional measures to mitigate any impacts resulting from the temporary use. The director may exercise discretion in the applicability of the above performance standards to achieve the purposes of this chapter.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22-550. Formerly 19.275.050)

19.275.070 Food trucks/carts.

(1) Food trucks/carts shall be regulated as follows:

(a) Food trucks/carts that operate less than four hours at a location within any 24-hour period are not considered temporary uses, but shall obtain either a business registration or a temporary business registration depending on the duration of their business activity within the city. An example of this type of food truck/cart is an ice cream truck.

(b) Food trucks/carts that operate more than four hours at any one location within a 24-hour period shall be considered either:

(i) A temporary use if occupying the site less than or equal to the duration allowed in FWRC 19.275.050; or

(ii) A permanent use if occupying the site longer than the duration allowed in FWRC 19.275.050. Permanent food trucks/carts shall be subject to the process and substantive provisions of FWRC Title 19, consistent with a brick and mortar business.

(Ord. No. 12-716, § 3, 2-21-12.)

Cross reference: Fireworks, Chapter 12.55 FWRC.

19.275.080 Regulation of temporary trailers, buildings, or other structures for construction, temporary business or sales, and outdoor storage containers for construction-related materials.

Temporary trailers, buildings, or other structures used for construction offices, temporary business or sales, or outdoor storage containers used temporarily to store construction materials, and normally associated with construction of a building or development, are permitted on the subject property during building or development on or of the subject property in any zone, subject to process I approval, or integration into the land use process applicable to the underlying project. The following performance standards apply:

(1) Temporary trailers, buildings, or other structures and outdoor storage containers permitted under this section may not be located in required yards, except as noted in FWRC 19.125.160(10), unless permitted in writing by the director.

(2) Temporary outdoor storage containers for construction-related materials storage shall be placed to minimize visibility from surrounding streets, pedestrian areas, and properties.

(3) Temporary outdoor storage containers should be painted a neutral color and/or screened from view if necessary to minimize visual impacts to surrounding properties, as determined by the director.

(4) Any temporary trailer, building, outdoor storage container, or other structure permitted under this section must be removed from the subject property within six months after completion of construction of the improvements on the subject property, unless permitted in writing by the director.

(5) The city may require a bond, under Chapter 19.25 FWRC, to cover the cost of removing the temporary trailer or building, if necessary.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.135), 2-27-90. Code 2001 § 22-963. Formerly 19.275.110)

Cross references: Motor vehicles, FWRC Title 8; licenses and business regulations, FWRC Title 12; buildings and building regulations, FWRC Title 13.

19.275.090 Regulation of portable moving containers for temporary accessory moving activities.

Portable moving containers may be used in any zone for the purpose of temporary accessory moving activities, subject to the following criteria:

(1) Residentially zoned lots are allowed only two containers at any time;

(2) The size, materials, and design of the container must be consistent with the moving industry standard for the particular use and setting;

(3) Containers may not be placed in required side yards, rear yards, or critical areas setbacks, except under special circumstances as allowed by the director, or interfere with safe sight distance or traffic circulation in adjacent streets and sidewalks; and

(4) Containers may remain on a property no longer than 60 days in any 180-day period, unless approved by the director.

(Ord. No. 12-716, § 3, 2-21-12; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-964. Formerly 19.275.120)


1

Cross reference: Temporary business regulations, Chapter 12.25 FWRC.