Buena Park City Zoning Code
Division 10
Temporary Uses and Special Permits
§ 19.1004.010 Purpose and Intent.
The purpose of this Division is to provide a procedure by which certain specific temporary uses or certain specific permanent uses may be approved but may require special investigations or require that certain conditions be attached in order to preserve the public peace, health, safety, or welfare of the City or its inhabitants.
§ 19.1004.020 Temporary Use Permit.
A.
For the purpose of this Title, "temporary use" means an activity of less than thirty days in duration, unless indicated otherwise within this section.
B.
No person shall operate and no business license shall be issued for any of the following temporary uses until a permit has been first obtained therefor in writing for such use pursuant to the provisions of this chapter:
1.
Antique, coin, stamp, gem, art shows, etc., within properly zoned and developed buildings,
2.
Auctions (motor vehicle auction sales are not permitted),
3.
Automobile rallies,
4.
Carnival, circus and any related ride, booth or attraction or other device attractive to children,
5.
Christmas tree sales, pumpkin sales, firework sales/stands,
6.
Security facilities (including trailers) for pumpkin sales, Christmas tree sales, fireworks stands, etc.,
7.
Special attractions within properly zoned and developed buildings,
8.
Dog/cat shows,
9.
Mobile health services/marketing surveys,
10.
Special event sales in parking lots and/or private sidewalks, bake sales, rummage sales, etc., limited to not more than three consecutive days in duration, nor more than three events per calendar year (motor vehicle sales are not permitted),
11.
Parades, marching bands/practice for and participation in,
12.
Special promotions, parachute drop, hot air balloon rides, searchlights, etc., and
13.
Public dances.
14.
Canopies and tarps within commercially zoned property when used in conjunction with an approved temporary use.
15.
Temporary parking/storage of new vehicles for existing automobile dealerships within the commercial and industrial zones, may be permitted for a specified time frame, subject to the following criteria:
a.
There shall be no impact to existing operations of any on-site use.
b.
Parking and storage shall not be in public view.
c.
There shall be no impact to street parking in the vicinity.
d.
Temporary parking/storage of vehicles shall be for a period not exceeding one year, unless extension is granted by the Director of Community Development for a period not to exceed one year. For a period exceeding two years, the Planning Commission may authorize approval under the conditional use permit procedure of Section 19.128.020.
C.
Temporary Trailers. Temporary trailers or modular units may be permitted for an office and/or storage use of a related existing use on a property or for an existing established use undergoing reconstruction or remodeling under the following criteria.
1.
For no more than 2 trailers and for a period not exceeding one year, the Director may authorize approval pursuant to the provisions of this chapter.
2.
For more than 2 trailers and/or a period exceeding one year, the Planning Commission may authorize approval under the conditional use permit procedure of Section 19.128.020.
3.
This section shall not apply to temporary construction trailers and real estate offices which may be authorized under various other sections of this Title.
(Ord. 1455 § 1, 2004)
§ 19.1004.030 Application.
An application, in form approved by the Director, shall be submitted to the Director a minimum of 30 days prior to the inception date of the requested use. The application shall be signed and verified by the applicant and set forth the following:
A.
The name, address, and telephone number of the applicant,
B.
The name, address, and telephone number of employer, if any,
C.
The address and location where such activity is to be conducted,
D.
A brief description of the nature and amount of equipment or product to be used in such activity,
E.
A written acknowledgment from the property owner or his or her agent authorizing such activity,
F.
If activity is not within a permanent building, two sets of plot plans describing the location of the use, pedestrian and vehicular circulation in and around the subject area shall accompany the application,
G.
A personal description of the applicant, with evidence of the identity and any other information that the City deems necessary in order to properly evaluate the application.
§ 19.1004.040 Investigation.
§ 19.1004.050 Action on Application by Director.
A.
Except as otherwise provided in this Code, the Director, after investigation of the application, may approve, conditionally approve, or deny a permit. The Director shall have the right to refuse such permit if he or she determines that the granting of same or the conduct of the use will be contrary to the preservation of the public peace, health, safety, or welfare of the City or its inhabitants.
B.
If such permit is granted, the Director may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any paramount law, as he or she may deem necessary or expedient to protect the public peace, health, safety, or welfare of the City or its inhabitants.
(Text in subsection A, which had been deleted during an earlier codification, was replaced during 1998 Codification.) |
§ 19.1004.060 Appeals.
Any applicant for such a permit who is denied a permit by the Director shall be entitled to appeal such decision to the Planning Commission by a written request filed with the Secretary to the Planning Commission within ten days of notification of the decision by the Director. Appeals shall be conducted and processed in accordance with Chapter 19.120 of Division 1 of this Title and shall be considered as an appeal from a decision of the Director pursuant to Section 19.120.010B.
§ 19.1004.070 Revocation of Permit.
Whenever it is determined that a use authorized hereunder is being or may be conducted in violation of the conditions of approval thereon, or in violation of this Code or other law or regulation applicable thereto, the Director may initiate revocation of the permit by giving three days written notice to the permittee of a public hearing to be conducted by the Director. The decision on a proposed revocation shall be based upon the criteria set forth in Section 19.132.030E. The decision of the Director shall be final unless appealed pursuant to Section 19.1004.060 hereof. Any order of revocation by the Director may be enforced pending the appeal.
§ 19.1004.080 Fees.
Fees for the processing of applications and issuing permits pursuant to this Division shall be as set forth by resolution of the City Council.
§ 19.1010.010 Purpose and Intent.
It is the policy of the City of Buena Park, pursuant to the Fair Housing Act, as amended, 42 U.S.C. Section 3604 et seq., and the California Fair Employment and Housing Act, California Government Code Section 12900 et seq., to provide individuals with disabilities reasonable accommodations to land use and zoning regulations, rules, policies, practices, and procedures (including modification or waiver of certain requirements) that may be necessary to ensure such individuals an equal opportunity for the use and enjoyment of housing. The purpose of this chapter is to provide a formal procedure for making requests for reasonable accommodation.
(Ord. 1527 § 1, 2008)
§ 19.1010.020 Definitions.
means the Federal Fair Housing Act and the California Fair Employment and Housing Act.
means the City of Buena Park Community Development Department.
means any person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment, or anyone who has a record of that type of impairment.
(Ord. 1527 § 1, 2008)
§ 19.1010.030 Notice to the Public of Availability of Accommodation Process.
At all counters where application is made for a permit, license or other authorization for the siting, funding, development or use of housing, notice in the form set forth below in this section shall be prominently displayed advising the public that an Individual with a Disability, his or her representative or a developer or provider of housing for an Individual with a Disability, may request a reasonable accommodation to land use and zoning regulations, policies and procedures. Such notice shall also be made available to the public on the City website.
"NOTICE OF FAIR HOUSING ACCOMMODATION PROCEDURES FOR PEOPLE WITH DISABILITIES" |
You may request a reasonable accommodation to land use and zoning regulations, rules, policies, practices and procedures (such as modification or waiver of certain requirements) for the siting, development and use of housing, including housing related services or facilities, if you meet all of the following: |
• You have a disability* or the housing is for people with disabilities; |
• You may need a reasonable accommodation to existing rules and regulations to have an equal opportunity to use and enjoy housing; and |
• Your request for accommodation would not be an undue burden on the City. |
If you believe that you satisfy the above criteria and are entitled to a reasonable accommodation under the Federal Fair Housing Act and California Fair Employment and Housing Act, you may obtain a Fair Housing Accommodation Request form from the front desk. If you need assistance in applying for a reasonable accommodation, the Department will assist you. |
*"Disability" is defined as any of the following: a physical or mental impairment that limits one or more major life activities; a record of having such an impairment; or, being regarded as having such an impairment. |
This is not a comprehensive explanation of your rights under Federal Fair Housing Act and the California Fair Employment and Housing Act. |
(Ord. 1527 § 1, 2008)
§ 19.1010.040 Procedure for Requesting Reasonable Accommodation and Accessibility of Process.
A.
Any Individual with a disability, his or her representative or a developer or provider of housing for an Individual with a disability may seek a reasonable accommodation under the Acts by completing a "Fair Housing Accommodation Request" form provided by the Department. The person requesting the accommodation is not required to use the Department's form to make the request; however, the City retains the right to request and obtain the information requested in the form, as applicable, in order to make its determination.
B.
The forms for requesting reasonable accommodation shall be made available at all counters where application is made for a permit, license or other authorization for the siting, funding, development or use of housing, and on the City's website.
C.
A request for reasonable accommodation in land use and zoning regulations, rules, policies, practices, and procedures (including modification or waiver of certain requirements) may be filed at any time that the accommodation may be necessary to ensure equal opportunity for the use and enjoyment of housing.
D.
There shall be no fee charged for requesting or granting of reasonable accommodation under the Acts.
E.
The Department shall ensure that the entire process is accessible to the applicant. Any Individual with a Disability who, due to his or her disability, needs assistance in completing the request for reasonable accommodation form, in reading or understanding the written determination, in filing an appeal, or in any other aspect of the process, shall be provided such assistance by the Department which may include, but is not limited to, the provision of forms and notices in alternate formats for people who are blind or visually impaired.
(Ord. 1527 § 1, 2008)
§ 19.1010.050 Time to Act.
A.
The Department shall issue a written determination to grant the request for reasonable accommodation, grant the request with modifications or subject to specified conditions, or deny the request, within 30 days of the date a complete application is submitted.
B.
The Department may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the protections of the Acts and the privacy rights of the Individual with a Disability to use the specified housing. If additional information is requested, the 30 day time period for making a determination on the request shall be tolled pending receipt of the requested information.
(Ord. 1527 § 1, 2008)
§ 19.1010.060 Findings and Notice.
A.
The written determination to grant the request, grant the request with modifications or subject to specified conditions, or deny the request, shall be in compliance with the requirements of the Acts. It shall explain in detail the basis of the decision and contain the following factual findings:
1.
Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;
2.
Whether the requested accommodation may be necessary to make housing available to an individual with a disability protected under the Acts or to allow such an Individual to have an equal opportunity to the use and enjoyment of housing; and
3.
Whether the requested accommodation would impose an undue financial or administrative burden on the City or would require a fundamental alteration of a City program.
B.
A copy of the determination shall be sent by certified mail to the applicant and shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
C.
If the Department fails to render its determination within the time set forth in Section 19.1010.050, the request shall be deemed granted.
(Ord. 1527 § 1, 2008)
§ 19.1010.070 Appeals.
A.
A written determination by the Department shall be final unless appealed to the City Council within 30 calendar days of the date of the mailing of the determination.
B.
All appeals shall be in writing and shall contain a statement of the grounds for appeal. An applicant may but is not required to use any appeal form provided by the Department.
C.
Nothing in this chapter shall preclude an aggrieved individual from seeking any other available state or federal remedy.
(Ord. 1527 § 1, 2008)