A.

The intent of this section is to accommodate reasonable requests for interim uses within any zoning district, when such activities are desirable for the property owner and the community in the short term. Temporary interim uses allowed under this section shall be sensitive to the health, safety and general welfare of persons residing and working in the community and shall be conducted so as not to cause any long-term detrimental effects on surrounding properties and the community.

B.

This section does not supersede existing regulations allowing other temporary uses. The issuance of an Interim Use Permit does not confer any permanent land use entitlement or property right to the holder of the permit.

(Ord. No. 2013-07, § 1(9.30.010), 9-19-2013)

Interim Use Permits for uses of limited, specific duration (nonrecurring) and which do not require the construction of any building or structure to accommodate the use, located within any zoning district in the city, as specified in this section, shall include but are not limited to:

(1)

Community gardens;

(2)

Storage of equipment, materials, noncommercial vehicles or prefabricated structures;

(3)

Grazing of livestock;

(4)

Fruit and vegetable cultivation and outdoor stand for sale of produce;

(5)

Storage of growing stock for nurseries;

(6)

Other similar uses as determined by the Community Development Director.

(Ord. No. 2013-07, § 1(9.30.020), 9-19-2013; Ord. No. 2021-09, § 4, 4-15-2021)

Applications for Interim Use Permits shall be accompanied by the filing fee as set by resolution of the City Council, and shall be made in writing on forms provided by the Planning Department that include the following information:

(1)

Name, address and phone number of applicant (or representative) and the property owner.

(2)

Assessor's parcel number of premises involved.

(3)

A site plan drawn in sufficient detail to clearly describe the following:

(a)

Physical dimensions of property.

(b)

Location and dimensions of all existing structures.

(c)

The proposed location of the interim use with setback dimensions.

(d)

Location and dimensions of all driveways, parking areas, landscape areas, fences, and walls.

(e)

Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters, or curb cuts.

(4)

Panoramic photographs showing all sides of the on-site property and improvements as well as adjacent off-site properties.

(5)

Current zoning, with change of zone case number, and date it was adopted and became effective.

(6)

Written statement describing in detail the reasons for and purpose of conducting the use.

(7)

A completed property owner affidavit.

(8)

Such other information as determined necessary by the Planning Department.

(Ord. No. 2013-07, § 1(9.30.030), 9-19-2013)

A.

A public hearing shall be held on the application for an Interim Use Permit in accordance with the provisions of Section 9.240.250, and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

B.

The Planning Commission shall serve as the approving body for Interim Use Permits subject to a public hearing, as required by Section 9.240.020.

C.

Once an application for the Interim Use Permit has been deemed complete, the Community Development Director shall consider and make a recommendation to approve, approve with conditions, or deny the permit. The recommendation shall be forwarded to the Planning Commission, which shall act to approve, approve with conditions, or deny the application.

(Ord. No. 2013-07, § 1(9.30.040), 9-19-2013; Ord. No. 2021-09, § 4, 4-15-2021)

A.

No Interim Use Permit shall be approved for a period that exceeds three (3) years from the date of approval. Property owners who propose to maintain an interim use for a longer period of time must re-apply for a new Interim Use Permit not less than four (4) months prior to the expiration of a valid Interim Use Permit.

B.

Any Interim Use Permit that is granted shall be established consistent with the approval and all conditions within six (6) months from the effective date thereof, otherwise the permit shall be null and void.

C.

An Interim Use Permit expires if the interim use ceases operation for a continuous period of at least one (1) year.

D.

As conditions of approval of the Interim Use Permit, the applicant may be required to record agreements or covenants prior to issuance of the permit, which assure that appropriate programs are implemented for the duration of the Interim Use. Conditions of approval may include, but are not limited to:

(1)

Regulations of hours and days;

(2)

Requirements for bonds, surety, cash deposit, rights of entry or other guarantee or form of security for termination of the Interim Use pursuant to the conditions of approval, including cleanup and removal of structures or equipment;

(3)

Restoration of the interim use site to its original state within a specified period of time;

(4)

Regulation of permit duration;

(5)

Regulation of lighting;

(6)

Regulation of gas, smoke, noise, fumes, odors, vibrations or other related nuisances;

(7)

Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.

(Ord. No. 2013-07, § 1(9.30.050), 9-19-2013)

The Planning Commission shall make the following findings in granting an Interim Use Permit, including, but not limited to:

(1)

That the Interim Use will not be detrimental to the health, safety, or general welfare of the community.

(2)

That the Interim Use is a reasonable use of land and compatible with the General Plan land use designation and zoning classification;

(3)

That the Interim Use will not adversely affect the adjacent properties, uses, buildings or other structures;

(4)

Provisions for adequate and safe traffic access/circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity;

(5)

That the granting of the Interim Use Permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant; and

(6)

That the best interests of the community are served to allow the Interim Use.

(Ord. No. 2013-07, § 1(9.30.060), 9-19-2013)

An Interim Use Permit may be revoked by the city at the sole and absolute discretion of the Planning Commission, upon thirty (30) days written notice pursuant to the procedural requirements of Section 9.240.340.

(Ord. No. 2013-07, § 1(9.30.070), 9-19-2013)