A.

Purpose. The temporary use permit provides a means for allowing certain uses in locations where they would not be appropriate on a permanent basis, to provide for those uses that are temporary in nature, and to provide for development standards appropriate for such temporary uses. A temporary use permit may be issued in accordance with the provisions of this chapter, and section 17.16.180, for uses not normally allowed in a particular zone district or which would be inappropriate on a permanent basis.

B.

Administrator defined. As used in this chapter, the term "administrator" means the city manager of the city or the city manager's designee.

C.

Issuance of permit. The use regulations in section 17.16.180 identify those uses for which a temporary use permit is required. The temporary use permit requirement for a use does not constitute an authorization or an assurance that the use will be permitted. Each temporary use permit shall be evaluated as to its probable effect on the adjacent property and community welfare and may be approved or denied as the findings indicate appropriate. Nothing in these requirements shall be construed as requiring the issuance of a temporary use permit to any use which in the opinion of the city council or the city manager, as the case may be, would not be in the best interest of the city or would constitute a danger to the health, safety, and welfare of the citizens of the city.

D.

Approval. A temporary use permit shall not be granted for a use except upon a finding that the use will, during the time of its existence:

1.

Be compatible with the surrounding uses and community facilities.

2.

Not be detrimental to or constitute a danger to the health, safety, and welfare of the citizens of the city.

3.

Conform in all other aspects to the applicable zoning regulations and standards, except as specifically modified for the temporary use during the time it is permitted.

4.

Leave the site, following the temporary use, in a state which is capable of being restored to a satisfactory condition.

E.

Conditions and modifications. Reasonable conditions or modifications may be imposed upon the granting of a temporary use permit consistent with the comprehensive plan, this title 17, other stated development goals and objectives of the city, and the requirements of other city regulations.

F.

Time. A time limit shall be imposed as a condition upon the granting of a temporary use permit. The temporary use permit automatically terminates when the time limit expires. If a renewal is requested, the applicant shall be responsible for renewing the temporary use permit through the temporary use permit review process prior to expiration of the time limit.

(Code 1977, § 17.60.010; Ord. No. 1190-1995, § 2)

A.

An application for a temporary use permit shall be made to the city manager on a form furnished by the city. The application shall contain the following:

1.

The name, address, telephone number and signature of the applicant. If the applicant is not the owner of the property, the applicant shall submit a letter signed by the owner consenting to the use and authorizing the applicant to act on owner's behalf.

2.

The name, address, and telephone number of all owners of the property.

3.

The street address and complete legal description of the property.

4.

A detailed description of all existing and proposed uses of the property.

5.

The length of time the use is to be permitted. For uses which are a precursor to a permanent development, the anticipated time frame for submission and review of plans for the development and building of the permanent development.

6.

One to ten copies, as determined by the city manager, of a site plan containing the following information:

a.

A location diagram showing the exact location of the property in relation to surrounding streets and properties.

b.

A title block containing the name of the project, the name of the person responsible for preparing the plan, the zoning classification of the lot and scale of the plan.

c.

The dimensions of the property and lot area.

d.

The zoning setback lines for existing and proposed uses, including setbacks for any trailers, tents, modular structures, mobile homes and temporary buildings.

e.

The location of any environmentally sensitive areas, significant environmental features, bodies of water, wetlands, floodplain and ditches adjacent to or on the site.

f.

Existing and proposed points of hard surface all-weather ingress and egress to the site.

g.

The location of the nearest fire hydrant and number of fire hydrants within 1,000 feet of the site.

h.

The location of all existing and proposed hard surface all-weather parking areas and the number of cars to be accommodated.

i.

Plans for water, sewer, and electrical service to the proposed use.

j.

Tie down plans for any mobile home, trailer or modular structure.

B.

In addition to the materials listed above, the application for a temporary use permit shall include the following:

1.

A filing fee in the amount set by the city manager in accordance with section 17.04.080.

2.

Proof of a City of Louisville business license.

3.

Proof of a City of Louisville sales tax license, if applicable.

4.

Evidence of liability insurance for the proposed use, and a performance bond, if such bond is requested by the city manager.

5.

Any other reasonable and pertinent information that the city manager determines to be necessary for site plan review.

C.

The city manager may waive one or more submission requirements of the site plan if the submission requirement is not applicable given the nature of the temporary use permit being requested.

D.

When an applicant submits a formal application for a temporary use permit, the city manager shall determine if the application is complete. If the application is not complete, the applicant shall be notified in writing with a list of specific items necessary to complete the application.

E.

The city manager may refer the application to any appropriate agencies, city department or staff, for their review and comments.

(Code 1977, § 17.60.020; Ord. No. 1190-1995, § 2; Ord. No. 1291-1998, § 13, 1-19-1999)

A.

Upon receipt of a complete application, the city manager shall determine if the application may be approved by the administrative process. The administrative temporary use permit process may be used if the application is for a temporary use identified in section 17.16.180 except for:

1.

Seasonal sales applications requesting use for a length of time in excess of 45 days or where the request would constitute more than one 45-day permit per site or user during a calendar year; and

2.

Precursor use applications requesting use for a length of time in excess of 30 days.

B.

The city manager may approve the temporary use application if:

1.

The application is complete.

2.

The project meets the requirements of the administrative temporary use permit process.

3.

The application and project meets all applicable standards and criteria in this chapter, and other city ordinances and codes, including adopted building codes and water and sewer ordinances.

C.

If the application does not meet the requirements for approval, the city manager may approve the application with reasonable conditions and modifications that would result in an application that meets all applicable standards and criteria in this chapter.

D.

If the application does not meet the standards and criteria of this chapter and reasonable conditions are not available that would allow approval, the city manager shall deny the application. Written notice of a decision denying an application shall be sent to the applicant. The applicant shall have ten days from date of postmark to request in writing, directed to the city manager, a review under the public hearing approval process.

E.

The city council shall be notified of the decision on a temporary use permit application at the next regularly scheduled city council meeting following the decision.

F.

Notwithstanding the administrative temporary use permit process, the city manager shall have the discretion to submit the application for review under the public hearing approval process upon a determination that the public interest would best be served by doing so.

(Code 1977, § 17.60.030; Ord. No. 1190-1995, § 2)

A.

The public hearing approval process shall apply to the following temporary use permit applications:

1.

Seasonal sales applications requesting use for a length of time in excess of 45 days or where the request would constitute more than one 45-day permit per site or user during a calendar year.

2.

Precursor use applications requesting use for a length of time in excess of 30 days.

3.

Applications submitted by the city manager upon a determination that the public interest is best served by the public hearing review process.

4.

Any other temporary use permit application not meeting the requirements of the administrative temporary use permit process.

B.

Upon receipt of a complete temporary use permit application which is subject to subsection A of this section, the city manager shall forward the application to the city council and planning commission along with a written recommendation relative to the proposed use. Notice that the application will be reviewed pursuant to the public hearing review process and a copy of this recommendation shall be supplied to the applicant at least five days prior to consideration by the planning commission.

C.

Within 30 days of receiving the written recommendation of the city manager, the planning commission shall review the application and make a recommendation thereon to the city council. Upon receiving the recommendation of the planning commission, the city council shall schedule and hold a public hearing on the application. The city council, within 30 days of the public hearing, shall either grant the application in whole or in part, with or without reasonable conditions or modifications, or deny the application. Approval of an application may be granted only if the city council finds the application is complete, and the application and project meets all applicable standards and criteria in this chapter, title 17, and other city ordinances and codes, including adopted building codes and water and sewer ordinances.

(Code 1977, § 17.60.040; Ord. No. 1190-1995, § 2)