Oakdale City Zoning Code
§ 36-18.6
Temporary Use Permit.
[Ord. No. 1037; Ord. No. 1211; amended 8-2-2021 by Ord. No. 1276.]
A.
Purpose. This Section establishes procedures for the granting of ministerial Temporary Use Permits for short-term activities.
B.
Applicability. A Temporary Use Permit allows the short-term activities listed in Subsection E. (Allowed Temporary Uses) that may not comply with the normal development standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
C.
Review Authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this section.
D.
Exempt Temporary Activities. The following temporary activities are allowed without a Temporary Use Permit.
1.
Construction buildings. Temporary construction buildings or trailers used for an office for approved construction projects are subject to § 36-18.5.
2.
Emergency facilities. Emergency public health and safety facilities and activities.
4.
Public property. Activities conducted on City owned properties that are authorized by the City.
E.
Temporary Uses. A Temporary Use Permit may authorize the following temporary activities within the specified time limits, but in no event for more than twelve (12) months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1.
Model homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision.
2.
Certified farmers' market. A certified farmers' market may be allowed within the commercial zoning districts.
3.
Temporary structures. A temporary classroom, office or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one (1) year from the date of approval, as an accessory use or as the first phase of a development project. An extension of one (1) year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site.
4.
Promotional sale associated with permanent on-site use. A promotional sale is permitted for thirty (30) days at a grand opening and for ten (10) days per year thereafter.
5.
Seasonal sales. Seasonal sales (i.e., Christmas trees, fireworks, pumpkins, flowers on holidays, etc.) are permitted for up to forty-five (45) days.
6.
Similar temporary activities. A temporary activity (i.e., carnivals, community events, etc.) that the Director determines is compatible with the applicable zoning district and surrounding land uses.
7.
Special events. The Director may approve a Temporary Use Permit for a special event in any zone for no more than twelve (12) days within any six-month period. A Temporary Use Permit is not required when the event:
9.
Storage containers. Storage containers are allowed in commercial zones with the approval of a Temporary Use Permit subject to the following development standards:
a.
Number of containers allowed. One (1) container for a temporary storage of merchandise is allowed. One (1) additional container may be allowed if the user's business exceeds one hundred thousand (100,000) square feet of gross floor area.
b.
Multi-tenant sites. For sites with multiple tenants, the City may limit the number of containers within the center or within an area.
c.
Allowable container size. The container may not exceed forty (40) feet in length or four hundred (400) square feet per container.
d.
Permit time limit. No more than one (1) Temporary Use Permit may be allowed per calendar year. At no time shall a container be kept on site for more than ninety (90) consecutive days, except that containers allowed for construction activities may be permitted until such time the construction activities are completed. Temporary storage containers, except containers allowed as construction activities, not removed by the end of the ninety (90) day period may be issued a fine for each day over the allowed ninety (90) days that the container remains on the site, unless an extension is obtained from the Director.
e.
Allowable location. The container shall be placed in the least conspicuous location available. The final location shall be determined by the Director.
(1)
The storage containers shall be placed on a level concrete or asphalt surface at all times.
(2)
Storage containers shall not be stacked on top of another container.
(3)
To the maximum extent possible, the storage containers should not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where they are located. The containers may be required to be screened by use of temporary fencing or some other method if the containers are visible from public rights-of-way or residences, as determined by the Director.
f.
Other development standards. The storage containers shall be used as an accessory to a primary use, located in an enclosed adjoining building.
F.
Development Standards. The Director may apply conditions of approval based on the type of temporary use using the requirements of the applicable zoning district for guidance:
1.
Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code.
2.
Limitation on the duration of approved "temporary structures," to a maximum of one (1) year, so that they shall not become permanent or long-term structures.
3.
Limitation on the hours of operation to address noise, light traffic and other impacts on adjacent uses.
4.
No vendor sales and/or structure shall be located in the public right-of-way or impede the safety or movement of pedestrians on a sidewalk.
5.
All uses shall be located in such a manner that they will not impede the normal use of driveways or circulation aisles, nor be located in a manner that encourages customers to stop in the street, driveway or circulation aisle to obtain vendor service.
6.
Vendor sales activity and display shall be restricted to the immediate confines of the temporary stand or structure, or area approved as part of the permit.
7.
The use and its location shall be maintained in a litter free and sanitary condition with refuse containers provided on site.
8.
Permits shall be obtained for any proposed construction, electrical service, or plumbing required to serve the temporary uses.
9.
Other requirements as appropriate to minimize any adverse impacts of the use.
G.
Application Filing and Processing. An application for a Temporary Use Permit shall be submitted to the Community Development Department on a City application form along with applicant processing fees. A nonprofit organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one (1) permit per year.
H.
Project Review, Notice and Hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Director in compliance with § 36-22, Hearing and Appeals.
I.
Findings, Conditions and Decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. The Director may attach such conditions which he/she determines to be reasonably necessary in connection with the hours of operation, parking, lighting, amplified sound or any other conditions in order to prevent the creation of any nuisance to the adjacent properties.
J.
Appeals. Any persons wishing to appeal the decision of the Director in issuing, refusing to issue or conditioning such permit may appeal such action to the Planning Commission within three (3) calendar days of the date of any such action. Such appeal shall be in writing stating the grounds therefor. The Planning Commission shall give notice of such appeal, and the date which it shall be heard, in writing to the applicant for such permit. Upon the hearing of such matter, the Planning Commission, upon majority vote of its members, may:
K.
Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. Securities in an amount and form approved by the Director may be required before initiation of the activity to ensure cleanup after the activity is finished.