Temporary use permits may be issued for the following uses in the following zoning districts and for the following periods of time. No person, party or organization shall engage in such temporary uses prior to the issuance of a temporary use permit. The following uses shall be allowed in the following districts, not to exceed the following periods of time:

TABLE 4

(Ord. 03-5 § 6)

(Ord. No. 08-5, § 1; Ord. No. 2016-4, § 1, 7-5-16)

A.

Application Requirements. All applications for a temporary use permit shall be accompanied by: (1) the appropriate filing fee (see section 17.96.020); (2) an application on the appropriate form issued by the city; (3) plot plan showing at an appropriate scale and in legible fashion the location of any proposed structure(s) and all existing structures, trees, walls and other appurtenances; (4) the setbacks from the property lines; (5) the owners of the property upon which the use is proposed and all adjacent parcels; (6) written consent to the issuance of a permit from the owner of the property upon which the use is proposed; (7) existing roadways on and adjacent to the property; (8) when and for how long the proposed temporary use would occur; (9) the zoning district(s) within which the property lies upon which the proposed temporary use will occur and within which all adjacent parcels lie; (10) the current land use(s) of the property in question and all adjacent parcels; (11) a full description of the use and operations of the activity; (12) a full description of the means by which the operations will be undertaken to minimize the negative environmental or health or safety impacts on the neighboring parcels, such as placement of trash receptacles and methods for ensuring public safety, safe public passage, and to decrease any effects such as fumes or smoke, if applicable; and (13) a full description of any special services requested of the city. The planning official may waive any application requirements determined to be unnecessary to a review of the application.

B.

Filing Deadlines.

1.

An application for a temporary use permit shall be submitted in writing to the planning official at least fifteen (15) working days prior to the first day of the event to be approved.

2.

A request for the renewal of a temporary use permit shall be submitted in writing to the planning official at least fifteen (15) working days prior to the expiration date of the existing permit.

C.

Submittal to Referral Agencies. Upon receipt, the city planning official may request review of the application from referral agencies such as, but not limited to, the state health department, utility providers, and/or the city police and/or fire departments. Referral agencies may; (1) recommend denial and state the reasons therefore; (2) recommend approval subject to satisfaction of conditions of approval which are reasonably related to public health, safety or welfare; or (3) indicate that such agency has no concerns related to the proposed use in the proposed location.

D.

Administrative Approval or Referral to City Council. All applications shall be reviewed by the planning official, who shall determine whether to approve administratively, approve with conditions administratively, deny the application administratively, or refer the matter to city council for determination. If referred to city council, the city council shall act on the application at the next available city council meeting. In the event that the planning official administratively denies an application or requires conditions upon which approval is granted, the applicant shall have the right to appeal such decision within five business days of the decision to the city council, which shall review the application de novo at the next available meeting of the city council. Following review, the city council may approve, approve with conditions, or deny the application.

E.

Approval Criteria. A temporary use permit may be issued to the applicant only upon a finding that all of the following criteria are met:

1.

The owner of the property on which the use is proposed consents in writing to the issuance of the permit;

2.

The use is allowable in the zone district;

3.

The referring agencies have indicated no concerns or requested no conditions for approval, or the applicant has provided to the satisfaction of the planning official or city council, as the case may be, that all conditions for approval will be satisfied and the permit is issued subject to satisfaction of such conditions;

4.

The use will not substantially impair the appropriate use of or adversely affect adjoining property or the neighborhood;

5.

The use will not alter the essential character of the district in which the subject property is located;

6.

The use will not adversely affect public health, safety or welfare;

7.

The use will not result in an undue concentration of such temporary uses upon or near the subject property so as to adversely affect public health, safety or welfare, or alter the essential character of the district in which the subject property is located, or substantially impair the appropriate use of or adversely affect adjoining property or the neighborhood; and

8.

The use is in compliance with the objectives, policies and other provisions of this title or other city regulations, ordinances or policies.

(Ord. 01-14 § 2: Ord. 99-8 § 1 (part): prior code § 17.21.010)

(Ord. No. 08-5, § 2)

A.

Definition. "Seasonal outdoor sales" means the short-term sale of agricultural products that are seasonal in nature, including produce, nursery stock, Christmas trees, pumpkins, firewood, lawn and garden products, farmers' markets, and other similar products, temporary outdoor seasonal cooking and food vending.

B.

Restrictions on Location. Areas designated for seasonal outdoor sales shall not be located within nor encroach upon:

1.

Any minimum required setback yard;

2.

Any drainage easement;

3.

A fire lane;

4.

A maneuvering aisle;

5.

A parking space or spaces necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel; or

6.

Any pedestrian walkway so as to obstruct pedestrian flow.

C.

Seasonal Outdoor Sales Within Parking Areas. Seasonal outdoor sales may be located within parking areas, provided:

1.

There is no interference with pedestrian or vehicular access or parking.

2.

The sale does not create a visibility obstruction to moving vehicles within a parking lot.

D.

Outdoor storage of merchandise, materials or equipment shall not be allowed unless otherwise expressly permitted under the terms of the temporary use permit approved by the planning official or city council.

E.

It shall be unlawful for any outdoor vendor to engage in such a business within the city without first obtaining a license in compliance with the provisions of this article.

F.

Each license shall be valid for only the specific location or locations described on the permit.

G.

In addition to the licensee's name, address and telephone number, the license shall contain the following:

1.

Type of operation;

2.

The period of time for which the license was issued;

3.

The designated location or locations, including specified types of public rights-of-ways, as applicable;

4.

A brief description of any vehicle, cart, kiosk, table, chair, stand, box, container, or other structure or display device to be utilized by the licensee;

5.

Any special terms and conditions of issuance;

6.

A statement that the license is personal and is not transferable in any manner;

7.

A statement that the license is valid only when used at the location or locations designated on the license;

8.

A statement that the license is subject to the provisions of this article.

H.

Each licensee shall pick up and dispose of any paper, cardboard, wood, or plastic container, wrappers or any litter which is deposited within twenty-five (25) feet of the designated location or within twenty-five (25) feet if the point of any sale or transaction made by the licensee if the radius of the designation locations exceeds twenty-five (25) feet. The license shall carry a suitable container for the placement of such litter by customers or other persons.

I.

Temporary outdoor seasonal cooking and mobile food venders shall:

1.

Vend only food and non-alcoholic beverages.

(Ord. No. 08-5, § 3; Ord. No. 2016-4, § 1, 7-5-16)