The intent of this article is to meet the needs of the community and certain commercial uses by providing procedures for authorizing temporary uses ranging from community festivals to charitable donation collection sites to commercial outdoor sales. Accommodating this diverse range of temporary uses requires comprehensive review procedures and the consideration and acquisition of an appropriate temporary use permit. Nothing herein is intended to, nor shall it be construed as, a limitation on the applicable provisions of the city's building code contained in chapter 10 of the Code.

(Ord. No. 12-10, § 4, 10-16-2012)

The following words, terms and phrases, when used in this article shall have the meanings set forth herein, except where the context clearly prescribes a different meaning.

City manager shall mean the city manager or the manager's authorized designee.

(Ord. No. 12-10, § 4, 10-16-2012)

Temporary uses are permitted in all zone districts, except that commercial temporary uses are permitted only in the C-1, P-1, R-4 and I-1 zone districts.

(Ord. No. 12-10, § 4, 10-16-2012)

It shall be unlawful for any person to establish, operate or maintain any temporary use without having first been issued a temporary use permit by the city.

(Ord. No. 12-10, § 4, 10-16-2012)

When considering an application for a temporary use permit the city manager shall consider, as applicable, various factors, requirements and prohibitions to include but not limited to the following:

(1)

The location, size, design, operating characteristics, and visual impacts of the proposed use. Display of merchandise for sale need not comply with the side yard and rear yard setback zoning requirements, provided that no merchandise shall be displayed within 30 feet from the curb of any public right-of-way or within the required landscaped setback area.

(2)

The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity.

(3)

The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character.

(4)

The operating days and hours and duration of the proposed temporary use and whether a temporary use has previously been approved for such location and if so, any issues or concerns regarding such use.

(5)

The purposes and intent of the underlying zone district in which the temporary use is proposed.

(6)

The relationship of the temporary use to the current conditions and to any planned changes in the area and underlying zone district in which the use is proposed.

(7)

Temporary uses will not be permitted where the city manager determines the noise, duration, smoke, pollution, odor or equipment usage or activities caused by or resulting from the proposed use negatively impact the public health, safety or welfare or constitute a nuisance.

(8)

Where applicable, a sales tax license must be obtained from the city's finance department prior to the issuance of a permit.

(9)

Signage for any temporary use must comply with the Sign Code.

(10)

All required building and/or operational permits must be obtained prior to the issuance of a permit.

(11)

Tri-county health department must approve any food and drink service and/or any use of animals.

(12)

All applicable city departments must review and approve any application.

(13)

No temporary use permit shall be issued for a use which exceeds three months in any calendar year or which operates between the hours of 10:00 p.m. and 6:00 a.m.

(Ord. No. 12-10, § 4, 10-16-2012)

Temporary use permit applications shall be filed no later than 20 business days in advance of the proposed use and include payment in full of an application and permit fee. The application and permit fee shall be as prescribed by resolution in accordance with section 1-16 of the Code. If an application is denied, the permit fee shall be refunded in full; however, application fees are non-refundable. City-based charitable, religious, community, youth or political organizations, or events, are exempt from the application and permit fee obligations.

(Ord. No. 12-10, § 4, 10-16-2012; Ord. No. 14-07, § 1, 6-3-2014; Ord. No. 14-10, § 2, 11-17-2014)

(a)

After completion of the temporary use permit review, and expiration of the time for filing written objections the city manager may approve, approve with conditions, or deny the application for temporary use permit.

(b)

If approved, the city manager will cause to be provided a copy of the temporary use permit to the applicant.

(c)

If the application is denied, the city manager will provide written notification to the applicant.

(d)

The administrative decision of the city manager to approve or deny an application for a temporary use permit is final subject to review by a court of competent jurisdiction.

(Ord. No. 12-10, § 4, 10-16-2012)

The city manager may impose conditions as deemed necessary to protect the integrity of the underlying zone district and the surrounding uses and structures in the neighborhood in which the temporary use is to be located. This may include, but is not limited to, setting requirements for, or imposing restrictions upon, size, bulk, location, open space, landscaping, buffering, screening, lighting, noise, signage, parking, hours of operation, setbacks, building materials, sanitation, dust control, and requiring such financial security as deemed necessary to ensure compliance with any or all conditions of approval and/or to restore the subject property to its original use and condition.

(Ord. No. 12-10, § 4, 10-16-2012)

All applications for a temporary use permit, governed by this article, shall be made to the city manager in written form, on the prescribed application which is available from the city clerk's office. An application for a temporary use shall include, but not be limited to the following information:

(1)

Name, address and telephone number of the owner and applicant, if not the same person. If the applicant is a firm, corporation or other legal entity, the registered agent of the corporation shall submit as the owner/applicant.

(2)

Written permission by the owner of the property to conduct the temporary use.

(3)

A site plan showing the proposed location of the temporary use and any temporary structures associated with such use.

(4)

Written description of the type, nature and extent of the proposed temporary use.

(5)

Description of the public or community benefit provided by the proposed temporary use.

(6)

The dates for which the applicant seeks to conduct the temporary use.

(7)

Anticipated hours of operation.

(8)

Detailed specifications of all proposed temporary structures associated with the temporary use, including elevations.

(9)

A graphic example or brief statement of the nature and character of the signage or advertising.

(10)

Such other information as deemed necessary by the city manager for purposes of evaluating the application.

(Ord. No. 12-10, § 4, 10-16-2012)

Every temporary use permit issued pursuant to the provisions of this article shall expire according to the date established in the permit and in no case shall that expiration date extend beyond midnight on December 31 of the year for which it was issued.

(Ord. No. 12-10, § 4, 10-16-2012)

An applicant may apply for renewal of a permit granted, pursuant to this article, by filing a new application, paying the permit fees, and complying with the requirements of this article and all other city ordinances, as the same may be amended from time to time.

(Ord. No. 12-10, § 4, 10-16-2012)

In writing, the city manager may suspend or revoke or deny renewal of any temporary use permit where the city manager determines that the permittee is not compliant with the terms and conditions of the permit or has violated any rule, regulation, law or ordinance, or upon other good cause shown. In the event that a temporary use permit is suspended or revoked the application fee, or any portion of it, shall not be refunded.

(Ord. No. 12-10, § 4, 10-16-2012)

No temporary use permit issued pursuant to this article shall be assignable.

(Ord. No. 12-10, § 4, 10-16-2012)