The purpose of this chapter is to accommodate certain land uses which are temporary in nature and not allowed as permitted or conditional uses in the zone where a temporary use is proposed. This chapter allows these uses under certain conditions to protect the owners, occupants, and users of adjacent property from the negative effects of a temporary use.

(Code 2023, § 10-30-1; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter shall apply to the temporary uses enumerated herein. Any use not conforming to the requirements of this chapter shall be deemed a permanent use and shall be allowed only if the use is a permitted or conditional use in the zone where the use is located. This chapter shall not apply to activities lawfully conducted by a government agency.

(Code 2023, § 10-30-2; Ord. No. 2017-54, 12-13-2017)

Certain words and phrases in this chapter, including uses, are defined in HCC chapter 10-3.

(Code 2023, § 10-30-3; Ord. No. 2017-54, 12-13-2017)

1. Temporary use permit required. Any person may sponsor or conduct for profit or nonprofit purposes any use set forth below subject to the issuance of a temporary use permit pursuant to the requirements of HCC 10-5-13 and the development standards set forth in HCC 10-30-5:
   1. Auction.
   2. Christmas tree sales.
   3. Farmer's market.
   4. Fireworks stand.
   5. Model home.
   6. Produce stand, located on premises other than where the produce is grown.
   7. Temporary construction office.
   8. Temporary retail sales, not exceeding 200 square feet, and not associated with retail sales activities of the owner or lessee of the property where the temporary retail sales are conducted.
2. Temporary use permit not required. A temporary use permit shall not be required for the following temporary uses:
   1. Garage/yard sale, up to four times during a calendar year.
   2. Produce stand, located on premises where the produce is grown.
   3. Temporary outdoor retail sales associated with a general retail sales establishment or garden center.

(Code 2023, § 10-30-4; Ord. No. 2017-54, 12-13-2017)

The development standards set forth in this section shall apply to all temporary uses.

1. Access. Specific locations shall be designated for ingress and egress of vehicular traffic and for patron admission to promote the safety of patrons, exclusion of persons not entitled to entry, and enforcement of state and local laws and ordinances. The adequacy of such access locations shall be based upon the number of patrons reasonably expected to participate in a temporary use.
2. Inspection. Authorized law enforcement officers, zoning enforcement officers, fire control officers, and other government personnel may inspect a temporary use at any reasonable time to determine compliance with the provisions of this chapter.
3. Insurance. When deemed necessary by the community development director for public health and safety reasons, a temporary use permit applicant shall provide liability insurance for the benefit of the city. Such insurance shall:
   1. Name the city as an insured;
   2. Hold the city harmless from any claim arising from personal injury or property damage resulting from the temporary use; and
   3. Provide that the insurance shall not be canceled prior to termination of a temporary use without first giving the city written notice of such cancellation at least ten business days in advance.
4. Location. Except as otherwise provided in this subsection, a temporary use shall be allowed in any zone. The following uses shall be located only in a commercial or manufacturing zone listed, respectively, in HCC chapters 10-12 and 10-13:
   1. Christmas tree sales;
   2. Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other activity of a similar nature; and
   3. Fireworks stand.
5. Owner approval. The owner or lessee of property where a temporary use is proposed shall provide a written statement authorizing a proposed temporary use before a temporary use permit is issued.
6. Parking. Off-street parking associated with a principal permitted or conditional use on the lot or parcel where a temporary use is located shall be made available for the temporary use. The property owner shall provide a written statement authorizing the use of such parking before a temporary use permit is issued.
7. Time limit. The duration of a temporary use permit shall be as follows:
   1. Auctions: three days per event and not more than four events per year.
   2. Christmas tree sales: 45 days once per year.
   3. Farmer's market and produce stand: 90 days once per year.
   4. Festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other enterprise of a similar nature: ten days per event and not more than two events per year.
   5. Fireworks stand: 30 days once per year.
   6. Model home and temporary construction office: for the duration of construction activity, so long as construction is diligently pursued and the office and/or model home are located on property under construction or development.
   7. Temporary retail sales: ten days per event and not more than four events per year.
8. Trash removal and restoration. Within one day after termination of a temporary use, all trash shall be removed and, within seven days, the temporary use site restored to its prior condition.

(Code 2023, § 10-30-5; Ord. No. 2017-54, 12-13-2017)

A temporary use listed in HCC 10-30-4 that does not conform to the development standards of HCC 10-30-5 may be established in a commercial or manufacturing zone subject to the issuance of a conditional use permit pursuant to the requirements of HCC 10-5-10 and the development standards of HCC 10-30-7. A conditional use permit shall be required for a festival, show, exhibit, circus, carnival, outdoor dance, community fair, concert, or other activity of a similar nature.

(Code 2023, § 10-30-6; Ord. No. 2017-54, 12-13-2017)

The development standards of HCC 10-30-5 shall apply to any temporary use allowed as a conditional use unless expressly modified by a conditional use permit; provided, however, such modification shall not apply to development standards for large events as set forth in HCC 10-30-8.

(Code 2023, § 10-30-7; Ord. No. 2017-54, 12-13-2017)

Temporary uses for large events where more than 50 persons are expected to participate at one time shall conform to the development standards set forth in HCC 10-30-5 and additionally to the following requirements:

1. Access. Specific locations shall be designated for ingress and egress of emergency vehicles, including appropriate barriers to regulate vehicular and pedestrian traffic.
2. Control plan. A plan shall be approved establishing adequate provisions for traffic control, crowd control, patron control, and enforcement of city ordinances, state and federal laws, and any other applicable regulations, including, but not limited to, fire, health, security, and Americans with Disabilities Act regulations.
3. Emergency services. First aid supplies and equipment and emergency medical services shall be made available to meet public health and safety concerns or legal requirements.
4. Parking. Temporary off-street parking shall be provided at the rate of one vehicle for every four persons reasonably expected to participate. Such parking need not be hard surfaced. If parking spaces are not marked, parking personnel shall be present to ensure orderly and safe ingress and egress from the parking area.
5. Sanitation facilities. Adequate sanitation facilities shall be provided based on the duration of a temporary use and on the number of persons reasonably expected to participate.
6. Security. A plan shall be approved establishing the number and type of enforcement and security personnel that will be present to monitor and facilitate the use and to provide participant management and direction.

(Code 2023, § 10-30-8; Ord. No. 2017-54, 12-13-2017)