The purpose of this article is to control and regulate land use activities of a temporary nature which have the potential to adversely affect the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, and to minimize any adverse effects on surrounding properties and the environment.

The following uses may be allowed in the specified zoning districts, subject to the issuance of a temporary use permit. Temporary uses may be approved which do not comply with the development standards (such as setbacks) for the applicable district, subject to the requirements in this article.

Application for a temporary use permit shall be made by the applicant with the approval of the property owner or representative on a form prescribed by the city, and shall be accompanied by a fee as prescribed by city resolution adopted pursuant to Section 40.01.130. The application and fee must be submitted at least thirty days prior to the date the proposed use takes place, for properties in residential one-family zoning districts. The application and fee must be submitted at least ten days prior to the date the proposed use takes place, for properties in all other districts.

Maps, plans, and any additional information required to demonstrate that the conditions set forth in this article apply to subject property shall be submitted with the application for a temporary use permit.

A temporary use permit may be approved only when the following conditions are found as contained herein:

Upon submittal of an application and payment of the applicable fee, the director is authorized to approve, conditionally approve, or deny an extension of an approved temporary use permit. The extension may be for no longer than the maximum term allowed for the temporary use, as specified in Section 40.30B.020. Approval of an extension of a temporary use in a residential one-family district requires notice pursuant to Section 40.30B.050.

Any determination of the director with respect to a temporary use permit application may be appealed to the planning commission upon submittal to the community development and sustainability department of an appeal application, accompanied by the fee established by resolution of the city council. Appeals shall be heard at the next planning commission meeting that is legally possible. In absence of an appeal application being filed within five days of the determination of the director, such determination is final.