(a)

Purpose.

(1)

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed temporary use.

(2)

Temporary uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. These uses can also potentially create undesirable impacts on nearby properties which cannot be determined except on a case by case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located. A public hearing process is not required to review a request for a temporary use.

(b)

Regulations Applicable to All Temporary Uses. No public hearing is required to grant a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this article and all applicable bulk regulations must be made at time of site plan application (see section 13-1-220). Furthermore, no Building Permit or Certificate of Occupancy, if required, shall be issued for any temporary use which does not comply with all requirements of this title. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.

(c)

Application Requirements. All applications for proposed temporary uses, shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. Said complete application shall conform to the rules and requirements adopted by the Zoning Administrator.

(d)

Fee. A fee is required for this procedure as set forth in the City Fee Schedule, as amended.

(e)

Authority. The Zoning Administrator may authorize the temporary use of a building, structure, or lot as authorized under this section. The Zoning Administrator will only approve a temporary use upon a finding that such use will not have an adverse impact on surrounding properties or threaten the public health, safety, or welfare, and that such temporary use is otherwise in compliance with this chapter. The Zoning Administrator may impose any such conditions on their approval of the temporary use that they deem necessary to protect the public health, safety, and welfare. The denial of a Temporary Use Permit by the Zoning Administrator may be appealed to the Zoning Board of Appeals.

(f)

Term. The term of a temporary use approved by the Zoning Administrator may not exceed six (6) months. Upon expiration of the six-month term, the Zoning Administrator may allow the temporary use to continue for up to one (1) additional six-month period.

(Ord. No. 21-980, 5-10-21)