This chapter provides a process for reviewing proposed temporary uses to ensure that basic health, safety, and community welfare standards are met, while approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. However, these activities should be regulated to avoid incompatibility between the proposed activity and surrounding areas.

(Ord. No. 368, § 1, 1-25-2021)

A.

Permit Requirement. A temporary use permit approved by the applicable review authority shall be required for all uses identified in Section 17.48.040 (Allowed Temporary Uses), and shall be issued before the commencement of the activity.

B.

Exempt Activities. Emergency public health and safety activities are exempt from the requirement for a temporary use permit and other City approval.

(Ord. No. 368, § 1, 1-25-2021)

Director Review (Temporary Uses). The Planning and Community Services Director ("Director") shall be responsible for the review and approval of all permits for temporary uses identified in Section 17.48.040 (Allowed Temporary Uses), and the extension of these permits.

(Ord. No. 368, § 1, 1-25-2021)

The following temporary uses may be allowed, subject to the issuance of a temporary use permit by the applicable review authority.

A.

Temporary Structures for Active Construction Sites and Time Periods.

1.

Temporary Construction Fences. A temporary construction fence is permitted, provided the construction activity is occurring and it is occurring outside of the structure or on the exterior of the structure on the subject property. A temporary construction fence is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

2.

Temporary Construction Offices. A temporary construction office is permitted, provided the construction activity is occurring. A temporary construction office is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

3.

Temporary Construction Storage Containers. One temporary construction storage container (up to eight feet wide and forty feet long) is permitted, provided the construction activity is occurring. A temporary construction storage container is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

4.

Temporary Self-Contained Portable Toilets. A temporary self-contained portable toilet is permitted, provided the construction activity is occurring. A temporary self-contained portable toilet is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

5.

Temporary Construction Power Pole. A temporary construction power pole is permitted, provided the construction activity is occurring. A temporary construction power pole is permitted for an initial period of six months. The use may be renewed for subsequent time periods of up to six months each at the discretion of the applicable review authority.

B.

Temporary Structures for Non-Active Construction Sites and Time Periods.

1.

Storage. Temporary, portable storage units, such as PODs or U-PACKS, are allowed to be located on driveways for no more than a week.

2.

Self-Contained Portable Toilets.

a.

A temporary self-contained portable toilet is permitted, during interruption of sewer or septic service for emergencies or planned upgrades/repairs. The use of self-contained portable toilets is limited to the time period of the interruption of sewer or septic service.

b.

A temporary self-contained portable toilet is permitted, during special events such as wedding receptions or family reunions on private property. The use of self-contained portable toilets is limited to four calendar days or less.

3.

Stockpiling. Temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities.

4.

Temporary Wireless Facilities. The installation, construction, modification, replacement, or placement certain tempory wireless communications facilities requireing a temorary use permit, as specified by Section 17.27.040.

C.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the review authority, are compatible with the zoning district and surrounding land uses.

(Ord. No. 368, § 1, 1-25-2021; Ord. No. 384, § 6, 1-8-2024)

A.

Application Preparation and Filing - General Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with Chapter 17.30 (Application Procedures). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.48.060 (Findings and Decision - Temporary Use Permits), below.

B.

Time for Filing.

1.

A temporary use permit application for Temporary Self-Contained Portable Toilets on Non-Active Construction Sites shall be filed at least 48 hours in advance of the proposed commencement of the use unless in the case of an emergency.

2.

A temporary use permit application for the remaining authorized temporary uses shall be filed at least fourteen days in advance of the proposed commencement of the use unless in the case of an emergency.

C.

Public Notice and Hearing. The type and extent of public notice provided to area residents shall be determined by the Planning and Community Services Director for temporary use permits, and the extensions of these permits. The applicant shall pay for all noticing costs.

D.

Additional Permits Required. Temporary uses may be subject to additional permits and other City approvals, licenses, and inspections required by applicable laws or regulations.

(Ord. No. 368, § 1, 1-25-2021)

A temporary use permit may be approved, modified, or conditioned only if the review authority first finds that:

A.

The proposed temporary use is allowed within the applicable zoning district with the approval of a temporary use permit and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code; and

B.

The proposed temporary use would not unduly impair the integrity and character of the zoning district in which it is located; and

C.

Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties.

(Ord. No. 368, § 1, 1-25-2021)

In approving a temporary use permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions to ensure that:

A.

The use is limited to a duration that is less than the maximum allowed duration, as determined appropriate by the review authority;

B.

The site is physically adequate for the type, density, and intensity of use being proposed, including the absence of physical constraints;

C.

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

D.

The temporary use will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Zoning Ordinance;

E.

The use will comply with applicable provisions of other local, State, or Federal laws or regulations; and

F.

Any other pertinent factors affecting the operation of the temporary use will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use, in compliance with the intent and purpose of this chapter.

(Ord. No. 368, § 1, 1-25-2021)

A.

General Standards. Standards for heights, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary uses. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.

B.

Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Title 17 (Zoning) as applicable to the use, in addition to those identified in subsection (A) of this section, and Section 17.48.070 (Conditions of Approval).

(Ord. No. 368, § 1, 1-25-2021)

A.

Appeal. The approval, denial, or revocation of a temporary use permit may be appealed in compliance with Chapter 17.55.

B.

Revocation. A temporary use permit may be revoked or modified by the Director on the following grounds:

1.

That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

2.

That the approval is being or recently has been exercised contrary to or in violation of the terms or conditions of such approval or other authorization; or

3.

That the approval is or recently has been exercised in violation of any statute, law or regulation; or

4.

That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

C.

Extension of the Permit. The Director may extend the operational length of the temporary use permit if the delay is beyond the control of and was not the result of actions by the permittee for up to the period of the delay.

D.

Expiration. A temporary use permit shall be considered to have expired when the approved use has ceased or was suspended.

(Ord. No. 368, § 1, 1-25-2021)

A.

Maintaining a temporary use authorized by Section 17.48.040 without a valid permit is hereby declared to be a public nuisance.

B.

Maintaining a temporary use authorized by Section 17.48.040 without a valid permit is an infraction and subject to the penalty provisions identified in Section 1.08.020.

(Ord. No. 368, § 1, 1-25-2021)