Table 3.1-1 lists the principal uses allowed within all base zoning districts. Each of the listed uses is defined in Chapter 10, Definitions.

A.

Explanation of table abbreviations.

1.

Permitted uses. "P" in a cell indicates that the use is allowed by right, without special conditions other than those imposed upon other uses by right in the district. Permitted uses are subject to all other applicable regulations of this Ordinance, including the specific use permit standards in this chapter and the standards in Chapter 5, Development standards.

2.

Specific review uses.

a.

"S" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved in accordance with the procedures of Section 6.5, Specific use permits. Specific review uses are subject to all other applicable regulations of this Ordinance, including the specific use permit standards in this chapter and the requirements of Chapter 5, Development standards. Specific use permit standards are noted through a cross reference in the last column of the table.

b.

The "S" designation in Table 3.1-1 in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be evaluated as to its probable effect on adjacent properties and surrounding areas, and may be approved or denied as the findings indicate appropriate.

3.

Prohibited uses. A blank cell indicates that the use is prohibited in the respective zoning district.

B.

Table organization. In Table 3.1-1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories, and specific uses may be listed in one (1) category when they may reasonably have been listed in one (1) or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.

C.

Use for other purposes prohibited. Approval of a use listed in Table 3.1-1 and compliance with the applicable specific use permit standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 3.1-1 and approved under the appropriate process is prohibited.

D.

Classification of new and unlisted uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such situations, a determination as to the appropriate classification of any new or unlisted form of land use shall be made. When application is made for a use category or use type that is not specifically listed in Table 3.1-1, the procedure below shall be followed.

1.

The director shall provide an interpretation as to the zoning classification into which such use should be placed. In making such interpretation, the director shall consider its potential impacts, including but not limited to: The nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer.

2.

Appeal of the director's decision shall be made to the board of adjustment following procedures under subsection 6.10.A, appeals of administrative decisions.

E.

Uses permitted in a planned unit development and New Orleans Square Overlay district.

1.

Planned unit development. A PUD may include one or more of the uses permitted by right or specific use permit within the general zoning district or districts within which the PUD is located; provided however:

a.

When located in whole or in part within any of the residential districts (except RMH), the PUD may include one or more of the dwelling types permitted within the RM district;

b.

When located in whole or in part within an RMH district the development may consist of one or more of the dwelling types permitted in the RM district and/or an RMH district; and

c.

The permitted uses, whether principal or accessory uses, may be reallocated within the PUD irrespective of the general zoning district boundaries pursuant to an outline development plan or amendment thereof approved as provided in Section 6.4.

d.

In any PUD prior to the effective date of this Ordinance, Medical Marijuana Commercial Growing/Cultivation and Medical Marijuana, retail sales are permissible by right so long as the PUD has the corresponding underlying zoning district per Section 3.1.F. and has not been specifically forbidden by the PUD. (Amended by Ordinance No. 3685)

2.

New Orleans Square Overlay district. The uses allowed in the NOSOD are regulated by Supplement B of the Broken Arrow Zoning Ordinance.

F.

Table of allowed uses.

TABLE 3.1-1 TABLE OF ALLOWED USES

Key: P = Permitted; S = Specific use

    * Ordinance No. 3436, adopted June 6, 2016.

   ** Ordinance No. 3465, adopted December 20, 2016.

  *** Ordinance No. 3506, adopted January 2, 2018.

(Ord. No. 3436, § I, 6-6-2016; Ord. No. 3465, § III, 12-20-2016; Ord. No. 3506, § I, 12-19-2017; Ord. No. 3540, § I, 9-18-2018; Ord. No. 3599, § I, 8-20-2019; Ord. No. 3599 (corrected), § I, 3-17-2020; Ord. No. 3640, § I, 8-4-2020; Ord. No. 3658, §§ I, II, 12-1-2020; Ord. No. 3706, § I, 8-16-2021; Ord. No. 3719, § III, 2-15-2022; Ord. No. 3741, § I, 7-19-2022; Ord. No. 3778, § I, 4-4-2023)

When reviewing requests for specific use permits, the planning commission may require that the applicant furnish plans and data concerning the operation, location, function, and characteristics of any use of land or building proposed.

The planning commission may recommend to the city council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangements, and location or construction of buildings and uses and operation be required. The foregoing standards are considered to be minimal. The planning commission may recommend additional standards and conditions.

The city council may, in the interest of the public welfare and to assure compliance with the intent of this ordinance, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.

A.

Residential uses.

1.

Dwelling, mobile home.

a.

Access to the mobile home shall be from an arterial street.

b.

Mobile home shall setback at least 50 feet from all property lines.

2.

Convalescent home, nursing home, or assisted living facility. In the A-1, RE, RS-1, RS-2, RS-3, RS-4, R-1, R-2, and R-3 districts, the use shall abut an arterial street.

B.

Public and institutional uses.

1.

Arboretum or botanical garden.

a.

In the RE, RS-1, RS-2, RS-3, RS-4, R-1, R-2, and R-3 districts, the use shall abut an arterial street.

b.

No sales are allowed with this use, except through gift shops that are approved accessory uses.

2.

Art gallery or museum. In the A-1, RE, RS-1, RS-2, RS-3, RS-4, R-1, R-2, R-3, RD, and RM districts, the use shall abut an arterial street.

3.

Cemetery.

a.

Cemeteries shall have a minimum net area of 40 acres.

b.

All principle vehicular entrances and exits shall be on arterial streets. Access lanes (i.e., acceleration and deceleration lanes) shall be provided on all principle entrances.

c.

Cemeteries may be permitted to have funeral homes or crematories as accessory uses.

d.

Structure or building line setbacks shall be 100 feet from arterial streets and 50 feet from non-arterial streets.

e.

No gravesite shall be located within 25 feet of a future street right-of-way.

4.

Crematorium, without funeral parlor or public area.

a.

All vehicular access shall be from an arterial street.

b.

All buildings shall setback at least 50 feet from all property lines.

5.

Library. In the A-1, RE, RS-1, RS-2, RS-3, RS-4, R-1, R-2, R-3, RD, and RM districts, the use shall abut an arterial street.

6.

Place of assembly. Any place of assembly use shall meet the following standards:

a.

Where an assembly use is originally approved by specific use or PUD, any subsequent associated development that increases the intensity of the use on the site by more than what has been approved shall require an amendment to the specific use or PUD. For the purposes of this section, an increase in intensity shall be measured as (1) an increase in vehicular trips generated and/or (2) an increase in impervious surface by five percent or more.

b.

Developments designed to accommodate more than one gathering, ceremony, or meeting within any two-hour window shall be required to provide overflow parking spaces: One space for every two and one-half persons of maximum fire-rated occupancy in addition to the standard parking requirements listed in section 5.5.

c.

Places of assembly shall be located on a parcel with a minimum net lot area of two acres if on sanitary sewer and five acres if on a septic system. No parking shall be permitted within a required front yard or building line setback, within agriculture (A-1) or any residential (R) zoning district.

d.

Landscaping and lighting shall meet the standards for commercial uses contained in chapter 5.

7.

Schools.

a.

All colleges, universities, high schools and trade schools shall have their principal vehicular entrance and exit on an arterial street and shall be located on land no less than two acres in size if on sanitary sewer, or five acres if on septic system. Ingress and egress to local streets shall be prohibited. Elementary and middle schools may have ingress and egress to local streets if it will not cause adverse impacts on surrounding properties.

b.

Landscaping and lighting shall meet the standards for commercial uses contained in chapter 5.

C.

Commercial uses.

1.

Animal hospitals, animal training school, kennel, and veterinary clinic. All such uses shall have their principal entrance and exit on an arterial street and if serving large animals shall be located on land no less than five acres.

2.

Micro food and beverage production. Applications for micro food and beverage production shall provide information regarding building square footage, site development, hours of operation, odor expectations, truck deliveries and pick ups, production quantities, distribution expectations, and number of employee projections. (Ord. No. 3436, adopted 06-06-2016)

3.

Recreational vehicle campground/park. Applications for recreational vehicle campgrounds/parks shall comply with and show the method of complying with the following standards:

a.

No trailer, RV, or other similar vehicle shall be allowed for more than 14 days.

b.

No trailer, RV, or other similar vehicle will be parked for sale or display.

c.

Only hard-surfaced roads shall be used throughout the grounds.

d.

Each campground shall provide facilities for the appropriate disposal of waste water, trash, and related items.

e.

The following items shall be graphically shown on the application:

i.

All RV pad locations.

ii.

Pathways.

iii.

Provisions for utility hookups.

iv.

Parking facilities.

v.

Restroom facilities.

vi.

Water/wastewater treatment facilities.

vii.

Dumpster locations and provisions for other trash receptacles.

viii.

Playground facilities.

ix.

Compliance with ADA guidelines.

x.

Landscaping.

xi.

Lighting.

xii.

Signage.

xiii.

Storm water detention.

4.

Recreation and entertainment, outdoor. All uses of this type requiring a specific use permit shall abut an arterial or collector street.

5.

Vehicle sales and rental. Applications for vehicle sales and rental shall comply with the following standards:

a.

The minimum lot size shall be 2.5 acres, and the site shall have a minimum of 200 feet street frontage.

b.

Landscaping shall meet or be upgraded to meet the landscape requirements of Section 5.2. Particular attention shall be given to installing landscape material that does not attract birds. No parking of vehicles shall be allowed within landscape areas.

c.

Such uses shall be located a minimum of 200 feet from any residential district, school, hospital, park, government office, or place of public assembly.

d.

No outdoor speakers shall be allowed within 500 feet of a residential area.

e.

Colored metal or wrought iron gates designed to enhance the appearance of the facility are encouraged. The use of chain link or barbed wire within 200 feet of a public street right-of-way is prohibited.

f.

Vehicle sales and rental are discouraged in multi-tenant commercial areas.

g.

The exterior of all buildings shall meet the requirements of Section 5.8.G.

6.

Visitor accommodations. Applications for short-term rentals shall comply with the following standards. An annual license is required in addition to any specific use permit required by the zoning district as detailed in Table 3.1-1, Table of Allowed Uses.

a.

Short-term rental types established.

i.

Type 1: Permitted in A-1, RE, RS-1, R-1, RS-2, R-2, RS-3, R-3, RS-4, and RD zoning districts and in the downtown residential overlay district in areas 1, 2, 3, 4, and 5. Type 1 is permitted in the RM district only if the structure is a single-family detached residence or associated accessory dwelling unit.

(A)

The owner shall reside on the premises within the primary structure.

(B)

Up to two individuals or one family are permitted to stay up to 30 days.

(C)

No more than two guestrooms.

(D)

No individual cooking facilities may be installed in any guestroom. Accessory dwelling units may be excepted from this if the guestroom is not separate from the cooking facilities.

(E)

Meal service is limited to residential guests only. Sale of food and beverage to other than overnight guests is strictly prohibited.

(F)

No lighting or signage can be used for the short-term rental.

(G)

Parking: See Table 5.4.1.

ii.

Type 2: Permitted in A-1, RE, RS-1, R-1, RS-2, R-2, RS-3, R-3, RS-4, RD, RM and DF zoning districts and in the downtown residential overlay district in areas 1, 2, 3, 4, 5 and 6.

(A)

Up to six individuals or two families are permitted to stay up to 30 days.

(B)

No more than four guestrooms.

(C)

No individual cooking facilities may be installed in any guestroom. Accessory dwelling units may be excepted from this if the guestroom is not separate from the cooking facilities.

(D)

Meal service is limited to residential guests only. Sale of food and beverage to other than overnight guests is strictly prohibited.

(E)

No lighting or signage can be used for the short-term rental in residential zoning districts.

(F)

Parking: See Table 5.4.1.

iii.

Type 3: Permitted by specific use permit in A-1, RE, RS-1, R-1, RS-2, R-2, RS-3, R-3, RS-4, NM, CM, and DF zoning districts and areas 1 through 5 of the DROD. Permitted in DM, CG, and CH zoning districts and DROD area 6.

(A)

Between five and eight guestrooms.

(B)

Persons are permitted to stay up to 30 days.

(C)

No individual cooking facilities may be installed in any guestroom. Accessory dwelling units may be excepted from this if the guestroom is not separate from the cooking facilities.

(D)

Must collect hotel/motel tax and remit to the City of Broken Arrow.

(E)

No lighting or signage can be used for the short-term rental in residential zoning districts.

(F)

Parking: See Table 5.4.1.

b.

License application requirements.

i.

Applicants for a short-term rental license shall submit, on an annual basis, an application for a short-term rental license or renewal to the community development department in accordance with the short-term rental licensing requirements in the Broken Arrow Code of Ordinances.

c.

Other requirements established.

i.

Outside of the downtown residential overlay district and within single-family residential zoning districts, a short-term rental license will not be granted to any applicant where the proposed location would be located within a radius of 300 feet from any other short-term rental. The distance specified shall be measured from property boundaries.

D.

Industrial uses.

1.

Assembly, light. No outdoor storage or assembly is allowed.

2.

Solid waste disposal. This use shall be approved in accordance to state and federal regulations and guidelines and shall be situated on land no less than 40 acres.

3.

Mini-storage.

a.

Buffering/screening.

i.

Other than points of access, the mini-storage facility shall be completely enclosed with a brick or other masonry perimeter wall of no less than six feet in height. Additional or alternative buffering such as increased wall height, berming, or intensive landscaping may be required by the city to achieve the following purposes: To buffer or enhance views; create or enhance entry ways and public street appearance; and/or enhance the overall appearance of the mini-storage facility.

ii.

Colored metal or wrought iron gates designed to enhance the appearance of the facility are encouraged.

iii.

The use of chain link or barbed wire within the facility is prohibited.

b.

Building and equipment setbacks.

i.

A mini-storage facility shall be set back a minimum of 150 feet from any arterial street or limited access highway right-of-way.

ii.

Mini-storage facilities shall meet the side and rear setbacks required by the underlying zone district or development plan, as applicable.

c.

Operational requirements.

i.

The mini-storage facility shall have a security system requiring the use of cards, keypads, keys or similar security devices limiting access to tenants and to fire, police, and emergency service officials when required.

ii.

Self-storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for conducting or operating a business, hobby, or any type of activity not related to the storage of personal property.

iii.

No mini-storage unit shall be used for the storage of explosives, ammunition or hazardous or flammable materials and the operator/owner of a mini-storage facility shall include such requirement in its written agreement with each tenant.

iv.

No outdoor storage is permitted on the site of the mini-storage facility.

d.

Land area. The portion of the specific use permit that is devoted to mini-storage use shall not exceed 20 percent of the area of the specific use permit, regardless of the number of lots contained within the specific use permit.

4.

Auto salvage yard.

a.

Such uses shall be located a minimum of 200 feet from any residential district, school, hospital, park, government office, or place of public assembly.

b.

All such uses shall be so screened by ornamental walls or opaque fences that are at least eight feet in height.

c.

A 30-foot wide planting area composed of screening landscaping is required around the perimeter of the site when adjacent to residential districts, 15-foot wide planting area when adjacent to all other zone districts or streets.

d.

Provision shall be made to prevent any contamination of the domestic water supply or excessive surface runoff from the property into adjoining lands or streams. The drainage plan that carries water off the site shall be subject to the approval of the director.

(Ord. No. 3436, § II, 6-6-2016; Ord. No. 3465, § IV, 12-20-2016; Ord. No. 3599, § II, 8-20-2019; Ord. No. 3599 (corrected), § II, 3-17-2020; Ord. No. 3706, § II, 8-16-2021; Ord. No. 3732, § I, 6-6-2022; Ord. No. 3778, § II, 4-4-2023)

A.

Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the standards set forth in this section.

B.

Approval of accessory uses and structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with the use, unless specifically prohibited in this Ordinance. All accessory uses shall be subject to the standards in this Section 3.3, as well as any specific use permit standards applicable to the associated principal use as set forth in Section 3.2 above.

C.

General standards. All accessory uses and structures shall comply with the general standards in this subsection 3.3.C.

1.

Compliance with this Ordinance.

a.

All accessory uses and structures shall be subject to the dimensional requirements of Chapter 4 unless otherwise specified in this Ordinance.

b.

Accessory uses shall comply with all standards of this Ordinance applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

2.

Dimensional standards for accessory buildings and structures.

a.

Same lot. The accessory use or structure shall be conducted and/or located on the same lot(s) as the principal use.

b.

Size.

i.

In the R-2, R-2S, R-3, RS-3, RS-4 and RD districts, the maximum size of any accessory building shall be 1,000 square feet unless otherwise approved by specific use permit. No accessory building shall be constructed until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building is also being used.

ii.

In commercial and industrial districts, an accessory use shall not occupy more than 50 percent of the building square footage associated with the principal use.

3.

Same ownership required. The principal use and the accessory use shall be under the same ownership.

4.

Same utility meter required. The principal use and the accessory use shall utilize the same utility meter with the exception of an approved accessory dwelling unit.

5.

Temporary accessory uses and structures. Temporary accessory uses and structures shall be governed by the temporary use permit procedures and standards set forth in Sections 6.7 and 3.4 of this Ordinance.

D.

Additional standards for specific accessory uses and structures.

1.

Home occupations. A home occupation may be permitted as an accessory use to a principal dwelling unit in any of the residential districts, provided that:

a.

Size/area. The business or service is located within the dwelling or an associated accessory building, and does not exceed 20 percent of the combined floor area of the structures or 500 square feet, whichever is less.

b.

Employees and residency. The principal person or persons providing the business or service shall reside in the dwelling on the premises. The home occupation shall employ no more than one person who does not reside on the premises.

c.

Neighborhood compatibility.

i.

All vehicles used in connection with the home occupation shall be of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, and there shall be no more than two vehicles per home occupation.

ii.

There shall be sufficient off-street parking for patrons of the home occupation, with the number of off-street parking spaces required for the home occupation to be provided and maintained in addition to the space or spaces required for the dwelling itself pursuant to Section 5.5, Off-Street Parking and Loading.

iii.

No additional parking areas other than driveways shall be located in the required front setback.

iv.

There shall be no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.

v.

The property shall contain no outdoor display or storage of goods or services that are associated with the home occupation.

vi.

Wholesale or retail sales of goods shall not occur on the premises.

vii.

The home occupation shall not create traffic or parking congestion, noise, vibration, odor, glare, fumes, or electrical or communications interference that can be detected by the normal senses off the premises, including visual or audible interference with radio or television reception.

d.

Prohibited home occupations. The following uses, because of their impacts on the surrounding residential area, shall not be permitted as home occupations: auto repair or motorized implement repair; dance, music or other types of instruction (if more than four students are being instructed at one time); dental offices; medical offices; the painting of vehicles, trailers or boats; private schools with organized classes; motor vehicle towing operation; barber shops having more than one chair, beauty shops having more than one chair; welding shops; and nursing homes.

(Ord. No. 3465, § V, 12-20-2016; Ord. No. 3599, § III, 8-20-2019; Ord. No. 3599 (corrected), § III, 3-17-2020; Ord. No. 3778, § III, 4-4-2023)

A.

Purpose. This section allows for the establishment of certain temporary uses of limited duration, provided that a temporary use permit, if required, is properly obtained pursuant to Section 6.7 of this Ordinance and provided that the temporary use complies with the standards of this section and that applicant pays the required fee.

B.

Temporary uses allowed. The following temporary uses are allowed provided they comply with the general standards of subsection 3.4.D:

1.

Retail sales of products, including, but not limited to, Christmas trees, nursery products, agricultural produce or fireworks, in any nonresidential district for a period not to exceed the number of days specified in the temporary use permit. Display of products need not comply with the yard and setback requirements of this Ordinance provided that no display shall be located within an area restricted by the vision clearance area requirements of Chapter 4.

2.

Temporary office space and equipment storage when accessory to an approved construction project. Such uses shall be located on the site no more than 30 days prior to the start of construction and removed no more than 30 days after completion of such project.

3.

Sales offices on residential development sites in any zoning district until all lots or houses are sold or leased. Use of the sales office for sites outside of the project is prohibited.

4.

Expansion or replacement facilities, consisting of transportable buildings that are preconstructed and arrive at the site ready for occupancy and are readily removed and installed at other sites. Such facilities may include, but are not limited to the following:

a.

Expansion of existing religious assembly facilities, health care facilities, and government offices following the approval of filed plans and applications for the permanent alteration/expansion of these facilities.

b.

Temporary classroom space for existing schools.

c.

Temporary office space for construction and security personnel during the construction of an approved development for which a grading or building permit has been issued.

d.

Temporary space for recreational uses provided in connection with an approved residential development under construction.

e.

Temporary space for a nonresidential use following the destruction of a building by fire or other catastrophic event and/or during remodel/rehabilitation construction.

f.

Temporary office space (one (1) per site) for hiring, membership solicitation, apartment office/leasing, and general office use following the issuance of a building permit for the construction of a permanent office building.

5.

Temporary space for residential accessory use following the destruction of a building by fire, catastrophic event and/or remodel/rehabilitation efforts. This includes, but is not limited to, storage containers (i.e., POD type containers) or trash containers (i.e., dumpsters) where such container:

a.

Is stored outside, along street-rights-of-way and utility easements.

b.

Such container may be onsite no more than 10 days prior to the start of reconstruction and no more than 10 days after reconstruction is completed.

c.

The container may be permitted no longer than 180 days, or for the life of a valid building permit, whichever ends first.

d.

In no case will said container be placed in any sight-triangle or interfere with traffic visibility, or block any sidewalk area.

e.

Exception: Where conditions preclude placement out of the right-of-way, these types of containers may be placed at the curb-edge with written approval from Department of Community Development.

f.

Storage containers or trash receptacles shall not exceed eight feet in width, nor 20 feet in length, nor eight feet in height.

6.

Temporary storage space for residential accessory use, when a residence is being vacated or being prepared for occupancy. The owner may apply for a temporary use permit for one storage container (i.e., POD type container) or one trash enclosure (i.e., dumpster) as follows:

a.

Temporary storage use shall not exceed 30 days.

b.

Storage unit (POD) shall be located on private property or driveway only.

c.

Storage unit shall be located on paved surface only. In no case shall this unit be placed in a landscape or grass area.

d.

In no case shall the storage unit be placed within any sight-triangle or interfere with traffic or driveway visibility, or block any sidewalk.

e.

Storage containers or trash receptacles shall not exceed eight feet in width, nor 20 feet in length, nor eight feet in height.

7.

The director may approve other temporary uses or structures using the process established in subsection 3.1.D., classification of new and unlisted uses.

C.

Temporary use permits.

1.

Permit required. All temporary uses and structures shall obtain a temporary use permit pursuant to the procedures set forth in Section 6.7. A temporary use permit shall be reviewed, approved, or revoked only in accordance with the regulations of Section 6.7 and this section.

2.

Permit exemptions. Notwithstanding paragraph 1 above, the following temporary uses are deemed approved in any district and do not have to obtain a temporary use permit, provided that the proposed temporary use complies with the general requirements in subsection D. below:

a.

Events utilizing city property, public streets, or public rights-of-way, provided that the applicant shall coordinate the event with the special events coordinator and comply with any conditions required by the police and fire departments;

b.

Up to seven, one-day garage or yard sales per year per dwelling unit;

c.

Temporary car washes lasting no more than seven days per year;

d.

Gatherings of less than 100 people, such as block parties, nonprofit bazaars, and fundraisers; and

e.

Temporary uses that occur wholly within an enclosed permanent building.

D.

General requirements for all temporary uses and structures. All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this Ordinance:

1.

Permanent alterations to the site are prohibited.

2.

Unless otherwise stated in this Ordinance or in the terms of the temporary use permit, the temporary use shall expire 30 days after approval of the temporary use permit.

3.

All temporary signs associated with the temporary use or structure shall be removed when the activity ends.

4.

The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.

5.

The temporary use standards of this section do not exempt the applicant or operator from any other required permits, such as health department permits.

6.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic movement that may be associated with the temporary use.

7.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

8.

Tents and other temporary structures shall be located not to interfere with the normal operations of any permanent use located on the property.

(Ord. No. 3176, § I, 9-20-2011; Ord. No. 3584, § I, 6-3-2019)