Every application for a permit or license affecting the use of land or of a structure shall also be deemed an application for a Zoning Certificate. In the case of a new use, where no other permit or license is required, an application for a Zoning Certificate shall be filed on a separate form. The Zoning Administrator shall approve or deny specific applications for a Zoning Certificate within fifteen (15) working days after receipt. Approval may be made contingent upon such conditions as are reasonably necessary to secure the public welfare. The Zoning Administrator shall require guarantees to assure removal of temporary uses and of any debris or refuse resultant there from, so as to restore the premises to its prior condition and shall establish the date of such removal. (Ord. 232, 4-14-2010)

No zoning certificate shall be required for any of the following specified uses and structures when such uses are permitted in the Zone:

   A.   Lawful minor accessory uses, not requiring any other permit or license;

   B.   Lawful signs of a type for which no building permit or sign permit are required. (Ord. 232, 4-14-2010)

   A.   Temporary uses may be allowed in appropriately zone areas without full site development as otherwise required by this Title. Such uses may include, but are not limited to, erection of temporary structures such as tents, fences, booths or parking of trailers for activities such as carnivals, circuses, fairs, religious meetings, temporary outdoor displays and/or sale of Christmas trees, art objects or other items and other similar activities conducted either outdoors or within temporary structures. A temporary use is a land use established for a period of time not to exceed ninety (90) days in a calendar year and does not require permanent site improvements. The actual use embodied by a temporary use permit must be a permitted use in the zoning district in which it is proposed to be located. The temporary use permit may be allowed subject to conditions required by the Zoning Administrator so long as the Zoning Administrator determined that granting the Temporary Use Permit will not harm the public interest if the required conditions are complied with.

   B.   An application for a temporary use shall include a written description of the use, proposed starting date of the use, and a site plan that shows the location of the use, access, setbacks from property lines, parking, restroom facilities (if applicable), and any other pertinent information that the Zoning Administrator may require to evaluate the use. An application for a temporary use shall include the names and addresses of abutting land owners. The Zoning Administrator will prepare a notice of the administrative permit request and mail it to abutting property owners who will have seven (7) days from the date of mailing within which to respond with written comments supporting or opposing the request. Notice of the proposal may also be sent to City of Horseshoe Bend operating departments for comment.

   C.   A temporary use may be approved, approved with conditions or denied by the Zoning Administrator. A temporary use permit is valid on the date of approval or on the date requested by the applicant and will be valid for the time period requested or no more than ninety (90) days during a calendar year, such days to be designated at the time of issuance. The Zoning Administrator, when deciding a temporary use permit request, should consider the following:

      1.   Whether the proposed temporary use would be consistent with the general policies of the Zoning Ordinance and Comprehensive Plan.

      2.   Whether the use would otherwise be permitted within the zoning district wherein located.

      3.   Whether granting the temporary use permit would be detrimental to the nearby neighborhood or to the community in general.

      4.   Whether the proposed temporary use would create a traffic hazard.

      5.   Whether the proposed temporary use would impair the functioning of community facilities or delivery of public services.

   D.   Other uses which clearly are not associated with a holiday, the growing season, or a construction project may be considered for approval by the Zoning Administrator. The three aforementioned classes of uses may be approved provided they comply with the following criteria:   

      1.   Are issued for a set time period as requested by the applicant and agreed to by the Zoning Administrator not exceeding ninety (90) calendar days.

      2.   The proposed use shall not (except as permitted for temporary, outdoor display or sale of merchandise) allow for placement of any structure, vehicle, sign, etc. within a vision triangle, required setback, required parking stall, service drive area, dedicated trash dumpster location, sidewalk, or any other position on a lot which may interfere with vehicular or pedestrian circulation, or the normal functions of other uses on the property, or be potentially hazardous to the public.

      3.   The approval shall include language that the certificate does not exempt the applicant from having to comply with regulations administered and enforced by other city, state and federal agencies.

      4.   No permit, except in the case of seasonal uses or uses incidental to construction, shall be issued for structures or uses which are intended to be placed upon unimproved property. (Ord. 232, 4-14-2010)

Upon violation of any of the conditions or terms of a zoning certificate issued pursuant to the Chapter, the Zoning Administrator may cause the certification to be revoked. (Ord. 232, 4-14-2010)