Chapter 5.98


5.98.010    Temporary use permits.

5.98.010 Temporary use permits.

1.    The administrative official may authorize special short-term temporary uses including, but not limited to, public assemblies, special exhibitions, community activities, public sales, and seasonal events; provided, that such temporary use occurs entirely on private property and does not affect or impact the normal use by the general public of public property or public rights-of-way within the vicinity of such event. Any temporary use that is to be held in whole or in part upon publicly owned property or public rights-of-way, or if held wholly upon private property, will nevertheless affect or impact the ordinary and normal use by the general public of public property or public rights-of-way within the vicinity of such event, may be a “special event” subject to the provisions of Chapter 9.70 YMC.

Authorized temporary uses, regardless of land use classification, may occur in any zoning district for up to seventy-two consecutive hours, except that seasonal events may exceed the seventy-two-hour limit as approved by administrative official to reflect the customary duration and/or celebratory period of the event. Seasonal events include non-sale events associated with calendared holidays (e.g., Christmas light shows, haunted houses) and other non-sale seasonal entertainment activities (e.g., circuses, carnivals, traveling shows). Except in cases of emergency arising from unforeseeable circumstances, an application for a temporary use permit under this section must be submitted at least two weeks prior to the proposed temporary use period. To be complete, an application for temporary use under this section shall address the following criteria in detail and show they are and/or shall be satisfied by the proposed temporary use:

a.    Adequate and sufficient parking will be available for the anticipated occupancy and the proposed temporary use shall not cause the number of available parking spaces for existing on-site uses to fall below the minimum required by this chapter;

b.    Public streets and transportation systems will be adequate and sufficient to handle the movement of vehicles and persons to and from the proposed temporary use;

c.    Adequate access for police, fire, and emergency services will be maintained;

d.    Adequate and sufficient public sanitary facilities will be available to serve the anticipated occupancy;

e.    Police, fire and emergency services will be adequate and sufficient to meet the needs of the temporary use;

f.    The proposed temporary use is compatible in terms of location, access, traffic, noise, nuisance, dust, and hours of operation with existing land uses in the immediate vicinity of the temporary use;

g.    The impacts of the temporary use will not disrupt normal residential living patterns and activities in the vicinity;

h.    The activity or event will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity of the proposed temporary use.

2.    The administrative official may request additional information if in his/her judgment, such additional information is necessary to properly consider a proposed temporary use.

3.    The administrative official may, based on special circumstances or need, waive any of the requirements of this section, except he/she may not waive the requirements of subsections (1)(c) and (e) of this section.

4.    The administrative official shall consult with the police chief, fire chief, public works director, and community development director in the review of the application for temporary use.

5.    Upon a finding that the criteria of subsection (1) of this section will be satisfied, the administrative official may, at his/her sole discretion, issue a temporary use permit for an event or activity lasting no more than seventy-two consecutive hours, or for a longer time for seasonal events as authorized by the administrative official. No more than one temporary permit may be issued for the same site in a two-month period.

6.    The administrative official shall cause public notice to be posted in conspicuous locations at the site which is subject to the temporary use permit at least seven days prior to the activity or event. The public notice shall state the date, time, hours, location, and nature of the temporary use and provide an address and phone number where the public may contact the administrative official regarding the temporary use.

7.    The administrative official may, for good cause, cancel the temporary use permit prior to or during any event or activity and cause the site to be returned to or otherwise maintained in a neat and orderly condition.

8.    The administrative official shall apply special conditions to a temporary use permit to assure compliance with this chapter and to ensure that such temporary use is not detrimental to neighboring properties and the public health, safety and general welfare. Further, the administrative official may require a cash bond to be posted by the applicant to defray the costs of cleanup and repair of property should the permittee fail to do so.

9.    An application fee of twenty-five dollars shall be submitted with each temporary use permit application.

10.    Any person can appeal a decision of the administrative official under this section directly to the city council. (Ord. 2014-004 § 1, 2014: Ord. 99-37 § 1, 1999).