(a)

For the purposes of this Article, the term "temporary use" means an activity described in subsection (b) of this Section, whether profit or non-profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total of ten days within a thirty-day period, the application may be acted upon and a temporary use permit issued by the Community Development Director; otherwise, the application shall be acted upon by the Planning Commission.

(b)

The following described temporary uses may be permitted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article:

(1)

Art shows.

(2)

Craft shows.

(3)

Antique shows.

(4)

Outdoor sales on public or private property.

(5)

Tours of heritage resources, as designated pursuant to Chapter 13 of this Code.

(6)

Home tours.

(7)

Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes.

(8)

Additional temporary uses added by the Planning Commission in accord with Section 15-60.050.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 294, § 1.A.6., 9-5-2012)

Application for a temporary use permit shall be filed with the Community Development Director, on such form as he may prescribe, at least thirty days prior to the proposed date of the event. The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council, and shall include the following:

(a)

Name and address of the applicant.

(b)

Statement that the applicant is the owner of the property or is the authorized agent of the owner.

(c)

Address or description of the property on which the use will be conducted.

(d)

Two copies of a site plan which shall include the following:

(1)

Designation of area to be occupied by the use.

(2)

Existing structures and improvements.

(3)

Provision for off-street parking.

(4)

Site location diagram.

(5)

Identification of all property owners and uses within a radius of five hundred feet from each boundary of the site.

(e)

A written description of the event to include:

(1)

Activities planned during the event.

(2)

Days and hours of operation.

(3)

Sales of goods (if any).

(4)

Number of people involved in operating the event and number of people anticipated to attend.

(5)

Explanation of how and where food (if any) is to be served.

(6)

Explanation of the number and location of sanitary facilities to be provided.

(f)

A location diagram and drawing of any temporary signs proposed for identification of the use or off-site direction to the use. Off-site sign proposals must be accompanied by written statements of authorization signed by the owners of the sites on which said signs are to be located.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(a)

The Community Development Director or the Planning Commission, as the case may be, may grant a temporary use permit upon a finding that the temporary use is compatible with the purposes and objectives of this Chapter, and in doing so shall impose such reasonable conditions as circumstances may require, including, but not limited to, the following:

(1)

A refundable clean-up deposit, in such amount as may be appropriate.

(2)

Limitation on the length of time, the days of the week, and the hours of the day during which the activity may be conducted.

(3)

Approval by the County Health Department if food is to be sold in connection with the activity.

(4)

Approval by the Chief of the Fire District in which the activity will be conducted if such activity involves any risk of fire, explosion, or other similar hazard.

(5)

Approval by the Sheriff's Department if the activity requires any traffic or crowd control or involves any potential threat to the public safety.

(6)

Provision for sanitary facilities.

(b)

The Community Development Director or the Planning Commission may deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval for the identical use by the same applicant shall not be given more than once in a twelve-month period.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 294, § 1.A.6., 9-5-2012)

Notwithstanding the provisions of this Article, any fair, amusement park, circus, carnival or other similar activity for which a permit is required under Section 4-10.010 of this Code, or any special event for which a permit is required under Article 10-10 of this Code, or any use of a public park for which a special permit is required under Article 11-10 of this Code, shall be governed by such other provisions of this Code and no separate use permit therefor shall be required pursuant to this Article.

Upon application or its own initiative, the Planning Commission may add other temporary uses to the list thereof set forth in Section 15-60.010(b), so long as such additional uses fall within the definition of "temporary use" as set forth in Section 15-60.010(a), and upon a finding that each use will not be detrimental to the public health, safety or welfare and will not adversely affect the character of the district in which it will be conducted, and will not create odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, hazard of fire or explosion, traffic congestion or other objectionable influence.

Any determination or decision by the Community Development Director or the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)