It is the purpose of this chapter to provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A.

No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to Section 18.47.040 of this chapter.

B.

The property owner or the agent of the property owner may apply for a temporary use permit on private property. Any person may apply for a temporary use permit within a public right-of-way.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

The application for a temporary use permit shall be submitted on forms obtained from the planning department. The application shall contain all the information required by the city. The planning department shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a legitimate business, if applicable. Temporary uses shall be subject to a Type I procedure, pursuant to CMC Chapter 18.55 Administration and Procedures.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

(Ord. No. 2612, § I(Exh. A), 2-7-2011)

The following activities are exempt from the permit requirements of this chapter, but shall comply with other substantive requirements of this chapter, unless specifically noted otherwise:

A.

Garage sale and yard sale;

B.

City sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e., weekly, monthly, yearly, etc.);

C.

Fireworks stands operating under a permit issued by the fire marshal's office;

D.

Christmas tree lots.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A.

The community development director may approve, or modify and approve an application for a temporary use permit if all of the application satisfies all of the following criteria:

1.

The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;

2.

The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located in accordance with the Chapter 18.07 "Use Authorization";

3.

The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity;

4.

Structures proposed for the temporary use comply with the setback and vision clearance area requirements of this title, and with applicable provisions of the Building and Fire Codes;

5.

Adequate parking is available to serve the temporary use, and if applicable, the temporary use does not occupy required off-street parking areas for adjacent or nearby uses;

6.

Hours of operation of the temporary use are specified;

7.

The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses.

B.

The community development director may authorize a temporary use permit for a use not specifically listed in Chapter 18.07 "Use Authorization."

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A temporary use is valid for up to one hundred eighty calendar days from the effective date of the permit, however, the community development director may establish a shorter time frame. The community development director may grant one extension not to exceed sixty days, upon the applicant showing compliance with all conditions of permit approval.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

A property owner or other holder of a temporary use permit may not file an application for a successive temporary use permit for sixty days following the expiration of an approval permit applying to that property.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

The community development director shall establish, as a condition of each temporary use permit, a time within which the use and all physical evidence of the use must be removed. If the applicant has not removed the use as required by the temporary use permit, the city may abate the use as provided in Section 18.47.090 of this chapter.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

Prior to the approval of a temporary use permit, the applicant shall submit to the community development director an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of this chapter.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)

In appropriate circumstances, the community development director may require a reasonable performance of maintenance assurance device, in a form acceptable to the finance department, to assure compliance with the provisions of this title and the temporary use permit as approved.

(Ord. 2515 § 1 (Exh. A (part)), 2008: Ord. 2443 § 3 (Exh. A (part)), 2006)