The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These provisions place restrictions on the duration of the temporary use, its location, and other development standards. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community.

(Ord. No. 528, 2-15-2022)

A.

Except as otherwise provided in this zoning code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the decision-making authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Section 17.10.040 (Temporary use permit). Additionally, the decision-making authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.10.040 (Temporary use permit).

B.

Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the conditional use permit shall be in accordance with the standards of Section 17.10.080 (Conditional use permits).

(Ord. No. 528, 2-15-2022)

A.

Exempt temporary uses. The following temporary uses are exempt from the permit requirements of this chapter, provided that they comply with the development standards listed herein.

1.

Temporary car washes for fundraisers are permitted on any private property in the city, provided the car wash does not cause traffic congestion, disrupt traffic, or pose any threat to public health or safety.

2.

Garage sales are permitted on any parcel where the garage sale operator resides. Garage sales may not exceed three sales per calendar year and two consecutive days for each garage sale.

3.

Fireworks stands are permitted on property in the commercial and industrial zoning districts, provided that the necessary permit(s) are obtained from the fire department and/or other regulatory agencies and a valid business license has been issued, consistent with the requirements of the Ione Municipal Code.

B.

Regulated temporary uses. The following temporary uses may only be established after first obtaining a valid temporary use permit as described in Section 17.220.020 (Permit required).

1.

Construction yards and storage sheds, which are to be used for a period of more than three months, for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Such activity shall be visually screened from the public right-of-way through fencing or other visual screening. The applicant shall provide and implement a security plan to the satisfaction of the city police chief. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.

2.

Expositions, concerts, carnivals, clinics, amusement rides, and flea markets may be conducted for a period not to exceed ten days within a calendar year (either consecutive or intermittent). The use must be located in a district other than agricultural or residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district which qualifies for an exemption pursuant to the business license ordinance (Section 5.06.080, Exemptions, of the City's Municipal Code). Temporary uses of a similar nature when located within an entirely enclosed building are exempt from the permit requirement.

3.

Farmers' market may be permitted in the C-1, C-2, and C-3 zoning districts, provided such markets qualify as certified farmers' market and all producers/vendors qualify as certified producers as defined by the California Department of Food and Agriculture. The market must be located within the buildable portion of the lot on which it is to be located. The temporary use permit may impose conditions limiting the length of the permit, days and hours of operation, and other factors as deemed appropriate in a non-residential zoning district.

4.

Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new business with a valid business license, such outdoor sales and displays of goods shall be limited to a maximum 30-day period within the first 180 days after that business is established. Existing businesses shall be limited to one period not exceeding ten days within a given year. Sales and displays may not occupy more than ten percent of the parking area for that business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space.

5.

Seasonal sales (e.g., Christmas tree sales, pumpkin sales, etc.) may be permitted in any non-residential zoning district upon issuance of a temporary use permit. The term of the temporary use permit shall not exceed 45 days per calendar year.

6.

Temporary dwellings, including mobile homes, when a primary dwelling is being constructed or remodeled may be permitted, provided a valid building permit has been issued for the primary dwelling. Use of the temporary dwelling shall be limited to a maximum of one year.

7.

Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision may be permitted. Parking shall be provided as required by Chapter 17.40 (Parking). In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects of operation may be imposed as part of the temporary use permit as deemed necessary.

(Ord. No. 528, 2-15-2022)

When a temporary use is not specifically listed in this chapter, the city planner shall determine whether the proposed temporary use is similar in nature to permitted uses(s) in Article III, and, if approved, shall establish the term and make necessary findings and conditions for the particular proposed temporary use, consistent with the provisions for Interpretation in Chapter 17.12 (Interpretation).

(Ord. No. 528, 2-15-2022)