In recognizing the necessity, in certain instances, to allow temporary use of properties which is not otherwise permitted by this chapter, the city manager is empowered to issue permits for such uses as set forth in this division. It is the intent that temporary use permits be issued to authorize those temporary uses specified in this division which are not otherwise authorized as a permitted or conditional use in applicable zoning districts, and not as a means of avoiding the conditions and requirements set forth in this Code.

(Code 1989, § 21-288; Ord. No. 99-01, § 4, 5-25-1999)

The general conditions described in this section shall apply to all requests for temporary uses pursuant to this division. No temporary use conducted pursuant to this division shall be conducted without first having obtained a permit.

(1)

The city manager shall be empowered to deny an application for a temporary use submitted pursuant to this division if in his judgment issuance of such a permit would pose a significant potential threat to health or safety, or would unreasonably injure the quiet and peaceful use and enjoyment of surrounding lands and uses.

(2)

The city manager may impose reasonable standards and conditions to protect the health and safety of the public and minimize the impact of the use authorized by a temporary use permit on surrounding lands and uses and to implement the goals and objectives of the comprehensive land use plan and this Code. Such standards and conditions include, but are not limited to:

a.

Limitation of the hours of operation.

b.

Provision of adequate parking to support the proposed temporary use.

c.

Erection of barriers or buffers for traffic and ingress/egress control from the event site and to control noise.

d.

Limitation on temporary signage to that which is consistent with signage regulations.

e.

Limitation on illumination so that it does not cause spill light to fall upon or glare to be seen from any public right-of-way or adjacent property.

f.

Standby fire/emergency medical services provided by the Indian Rocks Fire District where, in the judgment of the city manager, such services are necessary to protect public safety.

g.

Traffic control and law enforcement services provided by the county sheriff's department where, in the judgment of the city manager, such services are necessary to protect public safety.

h.

Inspection services by the county public health unit, the city community development department, or public utility providers where, in the judgment of the city manager, such services are necessary to protect public safety.

The cost for complying with such standards and conditions shall be borne by the permittee.

(3)

Temporary structures, furnishings or equipment shall be placed in such a manner that they do not create a safety hazard.

(4)

A permit shall not be granted for the sale of any item or service which is prohibited by city or county ordinance, or by state or federal law. The offering of any item or service for sale which is prohibited by city or county ordinance or by state law shall constitute grounds for revocation of the permit by the city manager.

(5)

No temporary use involving a structure, improvement, equipment or device requiring an inspection under chapter 14, or under the regulations of any other regulatory authority, shall be permitted without a final inspection or certificate of occupancy issued by the regulatory authority. It shall be the responsibility of the applicant to identify and obtain at the applicant's expense all necessary permits and inspections required for the proposed temporary use. Evidence that required permits and inspections have not been obtained shall be grounds for revocation of the temporary use permit by the city manager.

(Code 1989, § 21-289; Ord. No. 99-01, § 5, 5-25-1999)

All applications for temporary uses must include the following information, in a form established by the city manager:

(1)

The applicant's name, address, telephone number, and signature.

(2)

The property owner's name, address, telephone number, and signature.

(3)

A notarized letter from the property owner allowing the applicant the use of property for the special event (if applicable, and where permitted).

(4)

The physical address of the property.

(5)

A description of the temporary use.

(6)

The dates and hours of operation for the proposed temporary use, including times and dates for mobilization and demobilization.

(7)

A description of any permits or inspections required by any regulatory authority for the proposed temporary use.

(8)

For all temporary uses, except for garage sales, temporary storage structures or equipment, and rummage sales, a description of the facilities and services that will be available as part of the temporary use on the site, including, but not necessarily limited to:

a.

Tents or other temporary structures.

b.

Sales carts, stalls, vending machines, or other vending facilities.

c.

Food.

d.

Alcohol.

e.

Electricity.

f.

Bottled gas.

g.

Sanitary facilities.

(9)

Except for garage sales, temporary storage structures or equipment, and rummage sales, a fully dimensioned site plan identifying:

a.

Activity and sales areas.

b.

The location and number of parking spaces designated to serve the temporary use.

c.

The method of pedestrian and vehicular ingress and egress for the site.

d.

The location and number of facilities, as identified in this section, serving the temporary use.

e.

Any other information requested by the city manager which is reasonably necessary to address health or safety concerns.

(Code 1989, § 21-290; Ord. No. 99-01, § 6, 5-25-1999)

Construction trailers, sheds, and storage areas shall be permitted for the storage of construction materials and equipment when established in accordance with the following standards:

(1)

The trailer, shed or storage area shall be incidental to the construction of a building or other improvement.

(2)

The trailer, shed or storage area shall be located on the same lot or within the area of the approved site plan for the building or other improvement.

(3)

The trailer, shed or storage area shall be placed on the property after issuance of a building permit for construction of the building or improvement for which the trailer or shed is necessary.

(4)

Construction trailers and sheds may contain household furnishings of residential units under renovation for a period not to exceed four months. An additional period of four months may be granted by the city manager.

(5)

The trailer, shed or storage area shall be removed from the property prior to final inspection or issuance of a certificate of occupancy, or within 30 days after the expiration of the building permit or the abandonment of the project as determined by the building official.

(6)

The trailer, shed or storage area shall be located in such a manner as not to present a threat to safety, and be no closer than five feet to a property line.

(7)

The trailer, shed or storage area shall be permitted and inspected in compliance with chapter 14.

(Code 1989, § 21-291; Ord. No. 99-01, § 7, 5-25-1999)

On-site real estate sales offices for new or renovated living units being offered for sale shall be permitted when established in accordance with the following standards:

(1)

An on-site real estate sales office shall be permitted when four or more units are being constructed or renovated on a single site.

(2)

The on-site real estate sales office shall be located on the same lot or within the area of the approved site plan for the buildings being offered for sale.

(3)

The on-site real estate sales office shall not market off-site properties.

(4)

The on-site real estate sales office shall be placed on the property after the issuance of an approved site plan for construction or renovation of the living units for which the sales office is necessary.

(5)

The on-site real estate sales office shall be removed from the property within 30 days after all permitted units are sold, or six months after a certificate of occupancy is issued for the last unit, whichever is earlier, or within 30 days after expiration of the building permit or the abandonment of the project as determined by the building official.

(6)

The on-site real estate sales office shall be located in such a manner as does not present a threat to safety, and be no closer than five feet to a property line.

(7)

The on-site real estate sales office shall be permitted and inspected in compliance with chapter 14.

(Code 1989, § 21-292; Ord. No. 99-01, § 8, 5-25-1999; Ord. No. 00-06, § 2, 6-27-2000)

The temporary use of property to conduct arts and craft shows, carnivals, plays, concerts, revivals, and other outdoor assemblies whose primary purpose is for social gatherings which exceed 50 persons, entertainment, educational purposes, or the sale of arts and crafts or sale of food or other refreshments typically considered incidental to such events is permitted in accordance with the following standards:

(1)

Permits shall not be issued for this purpose within the S, RM-1, RM-2, or CT districts, except for business establishments which constitute a legal nonconforming business pursuant to section 110-102.

(2)

Each property shall be limited to two such permits per year for a period not to exceed three days each. This limitation shall not, however, apply to events which are sponsored or co-sponsored by the city or the county which are conducted on public lands.

(3)

Temporary use shall be limited to the inside of buildings, vacant lots, open areas, and parking areas.

(4)

Items and services offered for sale and any supporting temporary structures, furnishings or equipment shall be set back no less than five feet from the property line.

(5)

All items offered for sale and any supporting temporary structures or equipment shall be removed and the site restored to its original condition within 24 hours of the permit expiration date.

(Code 1989, § 21-293; Ord. No. 99-01, § 9, 5-25-1999)

The temporary use of property is permitted, in accordance with the following standards, to conduct out-of-doors social gatherings such as weddings, block parties, private parties and other such events which exceed 50 persons:

(1)

Permits pursuant to this section shall only be issued within the S, RM-1, RM-2, or CT districts.

(2)

Out-of-doors assemblies for the purposes described in this section within the S, RM-1, RM-2, or CT districts which have 50 or fewer persons shall not require a permit.

(3)

Each property owner shall be limited to two such permits per year for a period not to exceed two days each. This limitation shall not, however, apply to events which are sponsored or co-sponsored by the city or the county which are conducted on public lands.

(4)

Temporary use shall be limited to the following properties:

a.

The property of a single permittee or a contiguous group of permittees who have jointly applied.

b.

Common areas of apartment buildings, condominiums, and other such residences, where approved by the authorized management of the subject property.

c.

Public lands, where approved by the city manager.

(5)

Out-of-doors events permitted pursuant to this section shall be noncommercial in nature.

(Code 1989, § 21-294; Ord. No. 99-01, § 10, 5-25-1999)

The temporary use of property to conduct rummage sales, as the term is understood under custom and usage in the county, and the conduct of similar activities to sell used or new items shall be permitted only in accordance with the following standards:

(1)

Activity shall be confined to the same site as the primary structure for the organization sponsoring the event.

(2)

Permits shall not be issued for this purpose within the S, RM-1, RM-2, or CT districts, except for business establishments which constitute a legal nonconforming business pursuant to section 110-102.

(3)

Each property shall be limited to two such permits per year for a period not to exceed three days each. This limitation shall not, however, apply to events which are sponsored or co-sponsored by the city or the county which are conducted on public lands.

(4)

Temporary use shall be limited to the inside of buildings, vacant lots, open areas, and parking areas.

(5)

Items and services offered for sale and any supporting temporary structures, furnishings or equipment shall be set back no less than five feet from the property line.

(6)

All items offered for sale and any supporting temporary structures or equipment shall be removed and the site restored to its original condition within 24 hours of the permit expiration date.

(Code 1989, § 21-295; Ord. No. 99-01, § 11, 5-25-1999)

Out-of-doors sales of merchandise or services, such as sidewalk sales, by commercial establishments shall be permitted only in accordance with the following standards:

(1)

Activities shall be limited to business establishments permitted under section 110-155 or section 110-102 and shall be confined to the same site as the primary structure for the business establishment.

(2)

Permits shall not be issued for this purpose within the S, RM-1, RM-2, or CT districts, except for business establishments which constitute a legal nonconforming business pursuant to section 110-102.

(3)

Each property shall be limited to two such permits per year for a period not to exceed three days each.

(4)

Temporary use shall be limited to vacant areas on the subject site, sidewalks and other pedestrian lanes not located on a right-of-way. Temporary uses shall not be located in any parking area.

(5)

All items offered for sale and any supporting temporary structures or equipment shall be removed and the site restored to its original condition within 24 hours of the permit expiration date.

(Code 1989, § 21-296; Ord. No. 99-01, § 12, 5-25-1999)

The sale of items from trucks, carts, stalls, or vending machines operating from public rights-of-way or public lands shall be permitted only in accordance with the following standards:

(1)

Activities shall be limited to parties issued a permit by the city manager when participating in a special event sponsored or co-sponsored by the city or the county.

(2)

Operations of vendor trucks, carts, stalls, vending machines, or similar points of sales shall be governed by the permit issued pursuant to section 110-707.

(Code 1989, § 21-297; Ord. No. 99-01, § 12, 5-25-1999)

The sale of personal household items in a garage sale, as the term is understood under custom and usage in the county, shall be permitted only in accordance with the following standards:

(1)

The city manager shall issue a general permit authorizing a citywide garage sale for all eligible properties twice annually. The city manager shall be responsible for establishing the dates, with the advice and consent of the city commission. Each general permit shall be for a one-day period, and for operation only during daylight hours.

(2)

Permits shall be issued for this purpose only within the S, RM-1, RM-2, or CT districts for residential uses only.

(3)

Each property shall be permitted to apply for and receive one additional permit for a garage sale annually, on a date of the applicant's choosing, for a period not to exceed two days and for operation only during daylight hours. The annual period shall run from January 1 to December 31.

(4)

Items offered for sale and any furnishings incidental to the garage sale shall be confined to the permittee's property.

(5)

A permit shall not be granted for the sale of any item which is prohibited by city or county ordinance, or by state or federal law. The offering of any item for sale which is prohibited by city or county ordinance or by state law shall constitute grounds for revocation of the permit by the city manager.

(Code 1989, § 21-298; Ord. No. 99-01, § 14, 5-25-1999)

The city manager shall be empowered to issue a permit to an applicant for commercial film production. Such permit shall be governed in accordance with section 110-702 and section 110-703.

(Code 1989, § 21-299; Ord. No. 99-01, § 15, 5-25-1999)

Structures or devices whose purpose is to temporarily shelter and store household furnishings, equipment, materials, or other items, when not part of a permit issued pursuant to section 110-704, shall be permitted only in accordance with the following standards:

(1)

Use of temporary storage structures or equipment shall be limited to:

a.

Items which are being loaded for transportation from the subject property; or

b.

Items which have been transported to the subject property for unloading and relocation on the subject property.

(2)

Temporary storage structures or equipment shall be entirely located on the subject property.

(3)

Temporary storage structures or equipment shall not remain on the subject property for a period exceeding 14 days unless such structure has complied with applicable zoning codes and has been permitted as a structure in compliance with chapter 14.

(4)

Temporary storage structures or equipment shall be limited to parking and vacant areas not located on a right-of-way and shall be placed in such a manner that they do not create a safety hazard.

(5)

The storage of any item in a manner which is prohibited by city or county ordinance or by state law shall constitute grounds for revocation of the permit by the city manager.

(Code 1989, § 21-300; Ord. No. 99-01, § 16, 5-25-1999)

In recognizing the necessity, in certain instances, to allow temporary use of properties for the purpose of storing and sales of specialty holiday items, including, but not necessarily limited to, Christmas trees, pumpkins, ornaments, flags, or other such items, which are not otherwise permitted by this chapter, the city commission is empowered to issue permits for such uses as set forth in this division. It is the intent that temporary use permits be issued to authorize those temporary uses specified in this division which are not otherwise authorized as permitted or conditional uses in applicable zoning districts, and not as a means of avoiding the conditions and requirements set forth in this Code.

(Code 1989, § 21-301; Ord. No. 99-01, § 18, 5-25-1999)

The city commission is empowered to issue permits for the temporary use of property to sell specialty holiday items, including but not necessarily limited to Christmas trees, pumpkins, ornaments, flags, or other such items, in accordance with the standards set forth in this section. No temporary use conducted pursuant to this division shall be conducted without first having obtained a permit.

(1)

Applicants shall submit an application to the city manager or designee in the form described in section 110-703.

(2)

The city manager shall place the application on the next scheduled city commission agenda for consideration. Applicants shall be required to submit a complete application one week in advance of the scheduled city commission meeting.

(3)

In making a determination to grant or deny an application for a permit, the city commission may impose reasonable standards governing the kinds of articles which may be sold, the duration of the permit, and location of sales areas. In making such a determination the city commission shall also consider whether issuance of such a permit poses a significant threat to health or safety, or would unreasonably injure the quiet and peaceful use and enjoyment of surrounding lands and uses.

(4)

The city commission is also empowered to impose reasonable standards and conditions to protect the health and safety of the public and minimize the impact of the use authorized by a temporary use permit on surrounding lands and uses and to implement the goals and objectives of the comprehensive land use plan and this Code. Such standards and conditions include, but are not limited to:

a.

Limitation of the hours of operation.

b.

Provision of adequate parking to support the proposed temporary use.

c.

Erection of barriers or buffers for traffic and ingress/egress control from the event site, and to control noise.

d.

Limitation on temporary signage to that which is consistent with signage regulations.

e.

Limitation on illumination so that it does not cause spill light to fall upon or glare to be seen from any public right-of-way or adjacent property.

f.

Inspection services by the county public health unit, the city community development department, or public utility providers where, in the judgment of the city commission, such services are necessary to protect public safety.

(Code 1989, § 21-302; Ord. No. 99-01, § 19, 5-25-1999)