Vernon City Zoning Code
CHAPTER 17
80 TEMPORARY USE PERMITS
§ 17.80.010 Purpose.
The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Temporary Use Permits.
(Prior code § 26.6.1)
§ 17.80.020 Authority and purpose.
This chapter is intended to grant the Director and the City Council the authority, subject to the provisions of this title, to temporarily authorize upon property not owned or controlled by the City, short-term, activities that are not already authorized upon that property, and which short-term activities would be compatible with adjacent and surrounding uses when conducted in compliance with this title.
(Prior code § 26.6.5-1)
§ 17.80.030 Application and fee.
Application for a Temporary Use Permit shall be made by the property owner or authorized agent to the Department of Public Works, on a form provided for that purpose by the City, and shall be accompanied by a filing fee in an amount established by resolution of the City Council. The application shall also be reviewed by the Police, Fire and Health Departments to ensure the operation of the temporary use plans and maintains adequate traffic control, security, safety provisions and any other applicable requirements.
(Prior code § 26.6.5-2)
§ 17.80.040 Applicability.
The provisions established in this chapter shall only apply to proposed temporary activities on property not owned or controlled by the City ("non-City property"). Proposed temporary uses by non-City parties of City owned or controlled property ("City property") may be authorized via issuance of a special events permit. For proposed temporary land uses on non-City property, the following two categories of temporary land uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
A.
Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined in this subsection shall comply with subsection B, "Allowed temporary uses and major events" or shall not be permitted.
1.
Construction Sites—On-Site. On-site contractors' construction/storage uses, in conjunction with an approved construction project on the same parcel. The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
2.
Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Director.
3.
First Amendment Protected Activity. Any spontaneous activity or event determined to have clearly identified First Amendment protections, whereby the time provisions established in this chapter for acquiring a Temporary Use Permit would, in the opinion of the Director, unreasonably interfere with the ability of the activity or event to occur.
B.
Allowed Temporary Uses and Major Events. Non-exempt temporary uses, including special events, shall be subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with Section 17.80.100, "General conditions."
1.
Contractors' Construction Sites—Off-Site. The temporary use of a site for an off-site contractor's construction, staging, or storage area(s) for a construction project within the City. The permit may be effective for up to 180 days and extended in 180-day increments, with Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
2.
Major Events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, food markets/events, outdoor entertainment/sporting events, and rodeos limited to nine consecutive days or fewer, or three two-day weekends, within a 12-month period. If an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.
3.
Outdoor display or sale events conducted by a business holding a valid business license, issued in compliance with City Code Chapter 5.04, and a retail sellers permit issued by the State of California for product not normally stored or produced on site may be allowed a maximum of six outdoor sale events (excluding City-sponsored activities). For purposes of this subsection, an outdoor sale event shall be no longer than seven consecutive days in duration. If an annual plan is submitted to and approved by the Director, the frequency and duration of these outdoor display and sale events may be extended.
4.
Seasonal sales (for example, Halloween pumpkin sales and Christmas tree sale lots), issued in compliance with City Code Section 5.04.030, "License required—Application for license," and limited to 30 consecutive days or less.
5.
Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.
(Prior code § 26.6.5-3)
§ 17.80.050 Determination, action of the Director.
A public hearing shall not be required for the Director's decision on a Temporary Use Permit application. However, the Director shall have the authority to require noticing of surrounding property owners and tenants if, in the Director's opinion, the proposed temporary use has the potential to create adverse impacts on surrounding properties and uses.
If, from the facts presented via comments or by an investigation at the instigation of the Director, the Director makes the findings required in Section 17.80.070, "Findings and decisions," and finds that such Temporary Use Permit or modification thereof should be granted, the Director may grant the requested Temporary Use Permit in whole, or in part, and upon such terms and conditions as the Director may deem proper to preserve the public health, safety, convenience, and general welfare, and the general intent and purpose of this title. The Director shall make findings and determinations upon said application within 30 days after the application for the Temporary Use Permit is deemed complete, unless a waiver of this time requirement is provided by the applicant.
(Prior code § 26.6.5-4)
§ 17.80.060 Option to refer to City Council.
The Director may elect to refer the application, with or without a recommendation, to the City Council for decision. Upon referral to City Council, all procedures associated with hearing, action, and noticing shall comply with Chapter 17.72, "Conditional Use Permit."
(Prior code § 26.6.5-5)
§ 17.80.070 Findings and decision.
The Director (or the Council on a referral) may approve, conditionally approve, or deny a Temporary Use Permit application. The Temporary Use Permit shall not be granted unless all of the following findings have been made:
A.
The operation of the requested temporary use at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
B.
The operation of the requested temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;
C.
The proposed parcel is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;
D.
The proposed use and authorized operators will comply with all applicable laws, including fire and life safety requirements and maximum occupancy requirements;
E.
The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;
F.
Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site, on-street or at alternate locations acceptable to the Director; and
G.
The applicant agrees in writing to comply with any and all of the conditions imposed by the review authority in the approval of the Temporary Use Permit.
(Prior code § 26.6.5-6)
§ 17.80.080 Notice of decision.
Not later than 10 business days following the rendering of a decision ordering that a Temporary Use Permit be granted or denied, a letter shall be mailed to the applicant at the address shown on the application filed with the City stating the decision of the Director.
(Prior code § 26.6.5-7)
§ 17.80.090 Effective date of order granting or denying.
The order of the Director to grant or deny a Temporary Use Permit shall become final and effective on the date of the signing of the notice of decision.
(Prior code § 26.6.5-8)
§ 17.80.100 General conditions.
In approving a Temporary Use Permit application, the Director (or the Council on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Section 17.80.070, "Findings and decisions," above. Such conditions may, without limitation, include:
A.
Fixed period of time;
B.
Operating hours and days;
C.
Temporary pedestrian and vehicular circulation;
D.
Regulation of nuisance factors;
E.
Regulation of temporary structures;
F.
Litter, sanitary, and medical facilities;
G.
Waste collection, recycling, and/or disposal;
H.
Police/security and safety measures;
I.
Signs;
J.
Performance bond or other security;
K.
Limitations on alcoholic beverage sales;
L.
Compliance with applicable provisions; and
M.
Such other conditions as will make possible the temporary use in an orderly and efficient manner in conformity with the intent and purposes set forth in this title.
(Prior code § 26.6.5-9)
§ 17.80.110 Condition of site following temporary use.
Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Ordinance.
(Prior code § 26.6.5-10)
§ 17.80.120 Special event permit.
A.
Temporary uses that are considered minor in nature by virtue of having minimal impact to surrounding properties may be issued a Special Event Permit by the Vernon Fire Department. Such events meeting these qualifications may include but are not limited to indoor or outdoor sales event of product normally stored or produced onsite, outdoor or indoor meeting, ground breaking ceremony, holiday or special occasion party or similar event, or spectator event related to fitness and recreational facilities. Such events generally are of a duration no longer than two days. If, in the opinion of the Fire Chief, the Fire Chief determines the event is beyond the scope of a Special Event Permit, the application shall be denied and instead the applicant shall be required to apply for a Temporary Use Permit.
B.
In approving a Special Event Permit application, the Fire Chief may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required of a Temporary Use Permit by Section 17.80.070, "Findings and decisions." Such conditions may, without limitation, include:
1.
Fixed period of time;
2.
Operating hours and days;
3.
Temporary pedestrian and vehicular circulation;
4.
Regulation of nuisance factors;
5.
Regulation of temporary structures;
6.
Litter, sanitary, and medical facilities;
7.
Waste collection, recycling, and/or disposal;
8.
Police/security and safety measures;
9.
Signs;
10.
Performance bond or other security;
11.
Limitations on alcoholic beverage sales;
12.
Compliance with applicable provisions; and
13.
Such other conditions as will make possible the temporary use in an orderly and efficient manner in conformity with the intent and purposes set forth in this title.
(Prior code § 26.6.5-11)