The purpose of this chapter is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to mitigate potential impacts that are foreseen from a temporary use to protect the rights of adjacent residents and landowners. (Ord. 603, 11-1-2018)
15.233.02: GENERAL PROVISIONS:
A. Temporary uses shall be permitted only as specified in those zoning districts where temporary uses are specifically permitted.
B. A temporary use or structure which does not have a valid temporary use permit may be subject to the enforcement provisions of this title and other applicable laws.
C. A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this chapter, or an approved change or modification to the structure or use allowed on a parcel subject to a permit, shall not affect the time periods established by this chapter to allow the temporary uses or structures.
D. When the last period of time allowed by this chapter has lapsed, the temporary use permit and any extension is void.
E. Noncompliance with the provisions and standards listed in section 15.335.04 of this title and/or the conditions of approval for the temporary use permit shall be grounds for the reviewing authority to revoke any permit for a temporary use. The reviewing authority shall give notice of the action, along with the reasons for the action, to the permittee. The permittee may appeal the decision by filing an appeal as allowed and specified in chapter 12 of this title.
F. Except as otherwise provided in this chapter, the Director is authorized to approve, conditionally approve or deny a permit for a temporary use. The Director may establish conditions and limitations, including but not limited to hours of operation, setbacks, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.
G. The Director may require a cash deposit, letter of credit or other security to the approval of the Director to defray the costs of cleanup of a site in the event the applicant fails to leave the property in a presentable and satisfactory condition or to remove the temporary use. (Ord. 603, 11-1-2018)
15.233.03: PERMITS REQUIRED:
Applications for temporary uses must be filed with the Director along with the required fee, and shall be subject to the specified requirements and criteria and to any other additional conditions required by the County. (Ord. 603, 11-1-2018)
15.233.04: TEMPORARY USE PERMIT REQUIRED:
A temporary use permit shall be required for the temporary uses listed in section 15.335.04, table 15.335-2, "Temporary Use Reference", of this title. Temporary uses shall comply with the provisions of section 15.335.04, "Temporary Uses Permitted Based On Standards", of this title. (Ord. 603, 11-1-2018)
15.233.05: APPLICATION PROCEDURE:
Applications for temporary use permits, as described in this chapter, must be filed with the Director in a manner prescribed by the Director, along with the required fee as established by resolution of the Board. (Ord. 603, 11-1-2018)
15.233.06: REVIEW CRITERIA:
No temporary use shall be approved unless it can be determined that:
A. The use will be compatible with adjacent uses and will not significantly impact the surrounding area by means of noise, odor, dust or other nuisances;
B. Any increase in traffic resulting from the use will not significantly impact the surrounding area or the County at large;
C. The proposed use complies with all applicable policies and ordinances of the County. (Ord. 603, 11-1-2018)
Lyon County Unincorporated City Zoning Code
CHAPTER 233
TEMPORARY USE PERMIT
15.233.01: PURPOSE:
The purpose of this chapter is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to mitigate potential impacts that are foreseen from a temporary use to protect the rights of adjacent residents and landowners. (Ord. 603, 11-1-2018)
15.233.02: GENERAL PROVISIONS:
A. Temporary uses shall be permitted only as specified in those zoning districts where temporary uses are specifically permitted.
B. A temporary use or structure which does not have a valid temporary use permit may be subject to the enforcement provisions of this title and other applicable laws.
C. A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this chapter, or an approved change or modification to the structure or use allowed on a parcel subject to a permit, shall not affect the time periods established by this chapter to allow the temporary uses or structures.
D. When the last period of time allowed by this chapter has lapsed, the temporary use permit and any extension is void.
E. Noncompliance with the provisions and standards listed in section 15.335.04 of this title and/or the conditions of approval for the temporary use permit shall be grounds for the reviewing authority to revoke any permit for a temporary use. The reviewing authority shall give notice of the action, along with the reasons for the action, to the permittee. The permittee may appeal the decision by filing an appeal as allowed and specified in chapter 12 of this title.
F. Except as otherwise provided in this chapter, the Director is authorized to approve, conditionally approve or deny a permit for a temporary use. The Director may establish conditions and limitations, including but not limited to hours of operation, setbacks, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.
G. The Director may require a cash deposit, letter of credit or other security to the approval of the Director to defray the costs of cleanup of a site in the event the applicant fails to leave the property in a presentable and satisfactory condition or to remove the temporary use. (Ord. 603, 11-1-2018)
15.233.03: PERMITS REQUIRED:
Applications for temporary uses must be filed with the Director along with the required fee, and shall be subject to the specified requirements and criteria and to any other additional conditions required by the County. (Ord. 603, 11-1-2018)
15.233.04: TEMPORARY USE PERMIT REQUIRED:
A temporary use permit shall be required for the temporary uses listed in section 15.335.04, table 15.335-2, "Temporary Use Reference", of this title. Temporary uses shall comply with the provisions of section 15.335.04, "Temporary Uses Permitted Based On Standards", of this title. (Ord. 603, 11-1-2018)
15.233.05: APPLICATION PROCEDURE:
Applications for temporary use permits, as described in this chapter, must be filed with the Director in a manner prescribed by the Director, along with the required fee as established by resolution of the Board. (Ord. 603, 11-1-2018)
15.233.06: REVIEW CRITERIA:
No temporary use shall be approved unless it can be determined that:
A. The use will be compatible with adjacent uses and will not significantly impact the surrounding area by means of noise, odor, dust or other nuisances;
B. Any increase in traffic resulting from the use will not significantly impact the surrounding area or the County at large;
C. The proposed use complies with all applicable policies and ordinances of the County. (Ord. 603, 11-1-2018)