The temporary use permit allows for short term activities which may be appropriate when regulated. (Ord. 92-32, 9-23-1992)

The following temporary uses may be permitted, subject to the issuance of a temporary use permit:

Christmas tree sales lots; a permit shall not be required when such sales are in conjunction with the established commercial business holding a valid business license, provided such activity shall be only held from the day before Thanksgiving, through the first business day following Christmas Day.

Circuses, carnivals, fairs, festivals and concerts or other special events, when not held within the premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities.

Emergency public health and safety needs.

Fireworks sales, however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid business license, provided such activity shall be held between June 20 and July 25, inclusive; December 20 through January 2; and fifteen (15) days before and on the Chinese New Year.

On and off site contractors' construction yards in conjunction with an approved development project.

Outdoor display and sales of merchandise within commercial land use districts, limited to four (4) events per calendar year, per location, not exceeding four (4) consecutive days. The permit shall be limited to two (2) events per calendar year per applicant(s).

Real estate offices within approved development projects.

Trailer, coach or singlewide manufactured home as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to six (6) months.

Similar temporary uses which, in the opinion of the zoning administrator or designated representative, are compatible with the land use district and surrounding land uses. (Ord. 2008-31, 10-22-2008; amd. Ord. 2012-19, 10-10-2012)

A temporary use permit may be approved, modified, conditioned or denied by the zoning administrator or designated representative. The zoning administrator or designated representative may refer such application to the planning commission. Decisions of the zoning administrator or designated representative and planning commission may be appealed to the board of adjustment. (Ord. 92-32, 9-23-1992; amd. 2007 Code)

The zoning administrator or designated representative may approve, or conditionally approve, a temporary use permit application, only when all the following findings are made: (Ord. 92-32, 9-23-1992; amd. 2007 Code)

   A.   The subject site is physically suitable for the type and intensity of the land use being proposed;

   B.   The proposed use would be harmonious with existing developments within the land use district and general area;

   C.   There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use is not detrimental to public health and safety;

   D.   There is adequate access to serve the subject proposal;

   E.   The negative impacts of the proposed use shall be mitigated;

   F.   The proposed location, size, design and operating characteristics of the requested use are not detrimental to the public interest, health, safety, convenience or welfare of the city. (Ord. 92-32, 9-23-1992)

In approving an application for a temporary use permit, the zoning administrator or designated representative may impose conditions deemed necessary to ensure that the permit will be in accordance with the findings required by section 9-19-4 of this chapter. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to: (Ord. 92-32, 9-23-1992; amd. 2007 Code)

   A.   Provision for temporary parking facilities, including vehicular ingress and egress;

   B.   Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;

   C.   Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

   D.   Provision for sanitary and medical facilities;

   E.   Provision for solid, hazardous and toxic waste collection and disposal;

   F.   Provision for security and safety measures;

   G.   Regulation of signs;

   H.   Regulation of operating hours and days, including limitation of the duration of the temporary use;

   I.   Submission of a performance bond or other surety devices, satisfactory to the administrator, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

   J.   Submission of a site plan indicating any information required by this chapter;

   K.   Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter. (Ord. 92-32, 9-23-1992)

Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this title. (Ord. 92-32, 9-23-1992)

A temporary use permit may be revoked or modified by the zoning administrator or designated representative if any one of the following findings can be made: (Ord. 92-32, 9-23-1992; amd. 2007 Code)

   A.   Circumstances have changed so that one or more of the findings of fact contained in section 9-19-4 of this chapter can no longer be made;

   B.   The temporary use permit was obtained by misrepresentation or fraud;

   C.   One or more of the conditions of the temporary use permit have not been met; and

   D.   The use is in violation of any statute, ordinance, law or regulation. (Ord. 92-32, 9-23-1992)