West Des Moines City Zoning Code
CHAPTER 16
TEMPORARY USE PERMITS
9-16-1: REGULATIONS:
The following regulations shall apply to temporary use permit applications submitted to the City. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-2: PURPOSE AND INTENT:
These regulations prescribe the conditions through which temporary uses of limited duration may be permitted to occur within the City on private property, such as agricultural, commercial, and civic activities (e.g., Christmas tree sales, pumpkin sales, landscape material sales, sidewalk and tent sales, grand openings, and planned events held on private properties that do not create anticipated significant impacts to City property or right-of-way), and for which it is unnecessary to include City staff in the preparation, planning, and coordination of the requested temporary use.
The intent is to allow certain uses and activities on an interim or limited basis that would not be allowed on a permanent basis on private property. This chapter establishes minimum standards for the operation of temporary uses in a manner which will promote the health, safety, and welfare of the patrons, employees, and general public, which utilize or would be affected by the establishment of the temporary use. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-3: APPLICATION AND PERMIT PROCESSING:
A temporary use permit shall be required for all temporary uses that relate to the stated purpose and intent of this chapter. A temporary use permit must be applied for and issued by the City prior to the commencement of any temporary use. It shall be unlawful for any person or organization to engage, sponsor, or participate in any temporary use described herein without having first applied for and obtained a permit in accordance with this chapter. Applications are to be submitted not less than ten (10) calendar days prior to the proposed start date of the temporary use, unless the City decides to waive the deadline. The City reserves the right to reject any applications that have not been timely submitted to the City.
Receiving approval of a temporary use permit from the City shall not preclude, supersede, circumvent, or waive the applicant’s responsibility to obtain any additional permits, licenses, and approvals for other applicable local, State, and Federal regulations. The City reserves the right to impose special guidelines and restrictions for any temporary use based upon the nature of the proposed use, the proposed location of the use, and the anticipated attendance of the use. City staff shall be responsible for the issuance of temporary use permits. (Ord. 2008, 10-14-2013, eff. 1-1-2014; amd. Ord. 2570, 7-5-2023)
9-16-4: PRIOR DETERMINATION FOR TEMPORARY USE PERMIT APPROVAL:
The Director of Development Services or designee shall only approve an application for a temporary use permit if all of the following findings can be made:
A. The proposed temporary use will be compatible with adjacent uses and will not adversely affect the surrounding neighborhood by means of odor, noise, dust, or other nuisance.
B. The additional parking required by the temporary use will be provided on site, if applicable, or adequate street parking is available in the immediate area.
C. Increased traffic caused by the temporary use will not adversely affect the surrounding neighborhood or City at large.
D. The proposed temporary use is consistent with the City's Comprehensive Plan, this Code, and any other applicable, local, State, or Federal regulations. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-5: USES PERMITTED WITH A TEMPORARY USE PERMIT:
A. The following uses are eligible for a temporary use permit, provided they satisfy the following criteria specified in section 9-16-7 of this chapter:
Drive-in theater, seasonal.
Grand openings and planned events held on private properties that do not create anticipated significant impacts to City property or right-of-way.
Group assembly activities (e.g., carnivals, fairs, rodeos, sport events, concerts, worship services, and shows).
Parking lot sales, sidewalk sales (private sidewalks only), clearance sales, or other temporary uses which, in the opinion of the Director of Development Services or designee, are similar to the uses listed in this section. Parking lot sale of fireworks is not permitted under a temporary use permit (see Title 13, Chapter 14).
Retail sales of Christmas trees.
Retail sales of landscape nursery material.
Retail sales of pumpkins.
Stands for the sale of agricultural produce and crops, including agricultural specialties.
Temporary concrete and asphalt mixing and storage facilities in accordance with regulations elsewhere in this chapter.
Temporary food and beverage uses not regulated as a mobile food unit under the provisions of title 3, “Business And Licensing”, of this Code.
Other temporary uses which, in the opinion of the Director of Development Services or designee, are similar to the uses listed in this section.
B. Garage sales are exempt from these provisions, provided they do not occur any more frequently than one (1) 3-day event per one hundred eighty (180) day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zone, which is prohibited.
C. A “temporary use” may be defined as short term or long term. A “short term” use shall be defined as those uses with a maximum duration of two (2) consecutive days or less. A “long term” use shall be defined as those uses with a duration of more than two (2) consecutive days. The City may issue multiple short term temporary use permits for consecutive two (2) day periods without declaring the use to be long term, subject to, not to exceed eight (8) events within a calendar year limitation provided in this chapter. (Ord. 2166, 8-22-2016; amd. Ord. 2225, 5-30-2017; Ord. 2474, 6-7-2021; Ord. 2621, 8-5-2024)
9-16-6: GENERAL REGULATIONS:
Each temporary use shall:
A. Permit: Be described in a permit thereby issued by the Director of Development Services or designee prior to commencement of the use. This permit shall be in addition to all other licenses, permits, or approvals otherwise required by any governmental entity.
B. Parking Spaces:
1. The number of additional parking spaces required, if any, and the location of such additional parking spaces, for the temporary activity shall be determined by the Director of Development Services or designee. The number of permanent parking spaces allowed to be used under the short term temporary use permit shall be reviewed and determined by the Director of Development Services or designee. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
2. The maximum number of permanent parking spaces allowed to be used for the operation of a long term temporary use shall not exceed twenty percent (20%) of the parking included on a site plan that was approved by the City to be counted toward the allowable size of the proposed use or twenty percent (20%) of the site area, whichever is more restrictive. (Ord. 2166, 8-22-2016)
C. Preventing Dust: All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the rise of dust.
D. Clean Sites: All sites shall be completely cleaned of debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electric wiring, or any other fixtures and appurtenances or equipment connected therewith, within five (5) days after the termination of the temporary use. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
E. Cleanup Bond: Except as provided in this section, a bond or cash deposit shall be deposited with the Department of Development Services to assure adequate cleanup of temporary uses that occur on vacant or undeveloped lots, and/or involving the construction or placement of temporary structures. The amount of the bond or cash deposit shall be determined by resolution of the City Council. Temporary uses located in fully developed shopping centers will be exempt from bonding or cash deposit, with the exception of uses that involve construction or placement of a temporary structure, and any long term temporary food and beverage facilities shall be required to post a bond or cash deposit.
F. Sanitary Facilities: When determined necessary, sanitary facilities, either portable or permanent, shall be made available to all employees, attendants, customers, and participants of the temporary use during its operational hours, as approved by the Director of Development Services or designee, in concurrence with the City Engineer and the County Health Department, unless stipulated otherwise in this chapter. If the restroom facilities are located within an adjacent building, the written authorization of the owner of the adjacent building shall be required, specifically stating that the restroom facilities will be made available to the employees, attendants, customers, and participants at all times during the hours of operation of the temporary use. (Ord. 2166, 8-22-2016)
G. Proof Of Ownership Or Permission Required: Proof of ownership, or a signed letter from either the property owner or their authorized representative, for the property on which the activity is to take place, shall be presented at the time the temporary use permit is requested.
H. Conform To Setback Requirements: All temporary structures including, but not limited to, greenhouses, trailers, and mobile homes, shall conform to the zoning setback requirements unless stated otherwise in this chapter.
I. Multiple, Concurrent Temporary Uses: Multiple concurrent temporary uses on the same property shall be prohibited. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-7: SPECIFIC REQUIREMENTS:
A. Retail Sales Of Christmas Trees:
1. Permitted zone locations: All commercial districts and the agricultural/open space district (OS).
2. Maximum duration: Forty (40) calendar days prior to December 25.
B. Retail Sales Of Pumpkins:
1. Permitted zone locations: All commercial districts and the agricultural/open space district (OS).
2. Maximum duration: October 1 through November 1.
C. Lot And Sidewalk Commercial Activities:
1. Permitted Zone Locations: All commercial districts. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
2. Maximum Duration: Two (2) consecutive days, not to exceed eight (8) events within a calendar year. This time limitation shall be accordingly reduced if any grand openings or planned events, pursuant to subsection D of this section, have occurred within the same calendar year. (Ord. 2166, 8-22-2016)
3. Setbacks: All merchandise, trucks, trailers, and other equipment shall be set back a minimum number of feet equal to the parking lot setback, and none of these items shall be placed closer to the right of way than the parking lot. In an area where there is no parking lot, the distance shall be equal to or greater than the parking lot setback required by the zoning ordinance for that district.
4. Area Of Operation: The area of the temporary use operation shall not exceed eight hundred (800) square feet and no dimension shall exceed forty (40) linear feet.
D. Grand Openings And Planned Events Held On Private Properties That Do Not Create Anticipated Significant Impacts To City Property Or Right Of Way:
1. Permitted zone locations: All zoning districts. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
2. Maximum duration: Two (2) consecutive days, not to exceed eight (8) events within a calendar year. This time limitation shall be accordingly reduced if any lot or sidewalk commercial activities, pursuant to subsection C of this section, have occurred within the same calendar year. (Ord. 2166, 8-22-2016)
3. Other: All such events shall be conducted by a business located on the property.
E. Group Assembly Activities:
1. Permitted Zone Locations: Any zoning district.
2. Maximum Duration: Fourteen (14) consecutive days, not to exceed four (4) events within a calendar year.
3. Exception: Upon approval of the director of development services or designee, the number of events in the Valley Junction historic business district may exceed four (4) within a calendar year.
4. Hours Of Operation: Residential zones, seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. except on Fridays and Saturdays to twelve o'clock (12:00) midnight with approval of the chief of police; all other zones as determined by the director of development services or designee.
F. Real Estate Sales Offices And Model Homes: (Rep. by Ord. 2166, 8-22-2016)
G. Agricultural Produce Stands:
1. Permitted zone locations: Any zoning district.
2. Termination: Stands and displays shall be removed when not used for a period of thirty (30) consecutive days.
H. Construction Yards And Offices: (Rep. by Ord. 2166, 8-22-2016)
I. Caretaker's Dwelling: (Rep. by Ord. 2166, 8-22-2016)
J. Retail Sales Of Landscape Nursery Materials:
1. Permitted Zone Locations: All commercial districts.
2. Maximum Duration:
a. Spring sales: March 15 - July 15.
b. Fall sales: September 1 - October 31.
3. Restrictions Of Merchandise And Products: This use is limited to the display of green goods, i.e., living plants and associated garden products. Associated garden products may include:
a. Bagged bulk materials such as topsoil, mulch, compost, peat, and fertilizer.
b. Garden pavers, stone, and prefabricated stepping stones.
c. Birdbaths or similar lawn ornaments as a minor portion of the products displayed.
d. Other products determined to be consistent with the intent of this subsection J with the approval of the director of development services or designee.
4. Prohibited Merchandise And Products: The following items and products are strictly prohibited as part of the merchandise for sale or displayed as part of a temporary garden center:
a. Garden tractors, lawn mowers, or other motorized lawn/garden equipment.
b. Fencing, deck materials, landscape timbers, and concrete.
c. Trailers, wagons, carts, and wheelbarrows.
d. Lawn furniture, patio furniture, grills, benches, hot tubs, and play structures.
e. Sheds, playhouses, storage cabinets, and swimming pools.
f. Any other products or merchandise that the director of development services or designee determined to be inconsistent with the intent of this subsection J.
5. Safety Standards: In order to promote the safety of the patrons of these facilities, the following shall be required:
a. Bulk material shall be neatly stacked no higher than forty eight inches (48") above the pavement.
b. All sales areas shall be separated from vehicular uses by the placement of a fence, or barrier acceptable to the director of development services or designee to prevent pedestrian and vehicular conflicts. If a barrier is of an open nature where patrons can reach through and obtain access to the merchandise, a four foot (4') walkway shall be located adjacent to the barrier to prevent patrons from standing outside the barrier in trafficways to shop.
c. The door openings for any greenhouses, shade structures, or similar enclosure shall have a minimum ten foot (10') setback from drive aisles where an opening in the barrier is provided aligned with the door of the structure.
d. Where openings in the barriers occur for pedestrian access, sight visibility shall be maintained so that vehicles can clearly see pedestrians approaching the opening from a distance of no less than fifty feet (50').
e. Temporary drive aisles shall be maintained at a minimum twenty four feet (24') width for two-way traffic and shall be delineated by the placement of traffic barriers, fencing, or some other physical marker that clearly informs drivers of the end of the parking area and the start of the drive aisle. A clear line of sight shall be maintained at the entrance and exit of the temporary drive aisles.
f. Vehicle loading areas shall be located in an area that minimizes pedestrian and vehicle conflict and provides for the safe loading of merchandise and vehicle access to and from the traffic lanes to the loading area, preferably without backing movements.
6. Application For Temporary Garden Center Permit: Application for a temporary garden center permit shall be made on the prescribed form(s) provided by the department of development services. The application shall be accompanied by the prescribed number of copies of a project plan and such other detailed elevations, plans, and other information as may be required to adequately evaluate the proposed use.
A plan of the layout of the proposed use shall be submitted to the development services department with the application on a base plan prepared in accordance with the site plan requirements of the city. The proposed layout of the garden center area may be drawn onto a copy of a previously approved site plan for the temporary use permit submittal. The layout plan shall identify the following:
a. The area on the site proposed to be utilized as part of the temporary garden center and associated sales areas.
b. The areas dedicated to the display of green goods, i.e., flowers, trees, and shrubs and the area of the site dedicated to bulk material storage.
c. Proposed modifications to the traffic patterns and methods proposed to notify patrons and identify the temporary traffic pattern changes, i.e., signage, traffic cones, fencing, and barriers.
d. Proposed vehicle loading zone.
e. Proposed temporary barriers or corral with an architectural elevation, photo, or sketch of the barriers' proposed construction.
f. Location of electrical connection and water connection, if applicable.
7. Waste Disposal: The applicant shall provide, as determined by the director of development services or designee, adequate facilities for disposal of trash, waste, pallets, dead plants, broken bags, and empty plant transport and display racks.
8. Restroom Facilities: Permanent restroom facilities shall be provided in an adjacent building at all times during the temporary use activity. No portable restroom facilities shall be allowed.
9. Indemnification And Proof Of Insurance: If the garden center is on public property, the owner or operator of any long term temporary use shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the state of Iowa in the limits of at least one million dollars ($1,000,000.00) for each personal injury accident and/or death; one million dollars ($1,000,000.00) for each aggregate personal injury and/or death; and one million dollars ($1,000,000.00) for each property damage accident. The evidence shall name the city as a coinsured and shall state that it cannot be canceled or materially altered without giving the city at least thirty (30) days' written notice by registered mail, return receipt requested.
If the garden center is on public property, Tthe owner or operator of a temporary garden center shall execute an agreement, acceptable to the city, which indemnifies and holds harmless the city from any and all liability, damages, claims, costs, expenses, interest, and reasonable attorney fees relating to the garden center and associated facilities on the property.
10. Electrical Service: Any electrical service shall be provided as follows: a) overhead power connection with a minimum clearance above grade of fourteen feet (14'); b) installation of an underground conduit; or c) other method acceptable to the city. The use of an overhead connection shall only be allowed in those areas where overhead electrical service currently exists in the area. Use of extension cords, cables or wires laying on the ground or otherwise connected to a power source is expressly prohibited for long term garden center uses. An electrical permit shall be obtained prior to any electrical installation or connection.
11. Removal: At the expiration of the temporary use permit, any structures, barricades, shelving, pallets, leftover merchandise, or other facilities associated with the temporary use shall be removed from the site in accordance with provisions stated in section 9-16-6, "General Regulations", of this chapter.
K. Temporary Food And Beverage Facilities: Short term temporary food and beverage facilities that are not regulated as a mobile food unit shall comply with the regulations stated elsewhere in this chapter for lot and sidewalk commercial activities, grand openings, and planned events held on private properties that do not create anticipated significant impacts to city property or right of way.
Long term temporary food and beverage facilities are temporary facilities that dispense food or beverages from a specific location for a period longer than would be allowed under the short term temporary use regulations and which are not on wheels and are not easily portable or movable, such as a shed or kiosk. Mobile or movable temporary food and beverage facilities (i.e., mobile food units and pushcarts) are regulated under title 3, "Business And Licensing", of this code.
Long term temporary food and beverage facilities shall comply with the following standards:
1. Permitted Zone Locations: All nonresidential zoning districts.
2. Maximum Duration: April 1 through October 31 of a calendar year, inclusive.
3. Maximum Square Footage Of Structure: One hundred sixty (160) square feet.
4. Health Standards And Licensing: The applicant must obtain licensing, certificates of inspection, or any other documentation necessary to comply with all applicable requirements of the state, county, or municipality regarding health standards whenever applicable.
5. Electrical Service: Electrical service shall be provided as follows: a) overhead power connection with a minimum clearance above grade of fourteen feet (14'); b) installation of an underground conduit; or c) other method acceptable to the city. The use of an overhead connection shall only be allowed in those areas where overhead electrical service exists. Use of an extension cord, cable or wire laying on the ground or otherwise connected to a power source is expressly prohibited for long term temporary food and beverage uses. An electrical permit shall be obtained prior to any electrical installation or connection.
6. Signage: No detached or freestanding signage shall be permitted except with the issuance of a short term temporary sign permit. The maximum amount of allowed wall signage shall be based upon one foot (1') of sign for each foot of length on the longest side of the structure. All other provisions of the city's sign code shall apply.
7. Removal: At the expiration of the annual temporary use permit, all things associated with the temporary use shall be removed from the site in accordance with provisions stated in section 9-16-6 of this chapter. No temporary food and beverage facilities shall be allowed to be stored on a site that is not zoned appropriately for storage and warehousing, screened in accordance with city code requirements, and/or having received prior city council approval through an entitlement process for storage and warehousing.
L. Temporary Concrete And Asphalt Mixing And Storage Facilities (Temporary Plant): The erection and operation of facilities which manufacture, mix, and prepare concrete or asphalt for the construction of roads, bridges, retaining walls, parking lots, and other large structures on a temporary basis, which are generally to be in operation for periods of time longer than thirty (30) days and used to fill trucks for transport to the project site, may be allowed subject to the following:
1. Zoning Districts: Allowed in all zoning districts.
2. Separation Requirements: The areas of operation within the facility shall not be located within one thousand feet (1,000') from an existing residential dwelling, unless all owners and tenants, if any, of the dwellings have submitted written consent to the city with the application for approval. Areas of operation shall include any buildings, structures, or equipment used in the mixing, transporting, loading, or storage of materials used in the operation.
3. Site Access: Access to the site shall only be allowed from an arterial street or major collector as identified on the city's comprehensive plan.
4. Other Applicable Laws, Rules, And Regulations: Any operation shall be conducted in accordance with all applicable city, county, state, and federal laws, rules, and regulations (i.e., air quality, water pollution, and erosion control).
5. Permit: Permits are issued for the calendar year and may be issued or renewed on an annual basis at the discretion of the director of development services or designee. The director's decision shall be based upon the following findings:
a. The proposed use is consistent with the city's comprehensive plan and any applicable subarea plan.
b. All applicable standards and conditions have been imposed which protect the public health, safety, and welfare.
c. There is adequate on site and off site public infrastructure to support the proposed use.
d. The proposed use has satisfied all the requirements contained in this code.
e. The proposed use shall not adversely affect the surrounding neighborhood which will be subjected to the use, including the haul routes, in a way that would affect the stability or integrity of the zoning ordinance and the quality of the existing neighborhood.
6. Conditions Of Approval: The director of development services or designee may impose any such conditions on the permit as deemed necessary to meet the purpose and intent of this chapter.
7. Request Referral: The director shall have the discretion to refer any temporary plant request to the city council for its review and action.
8. Submittal Requirements: The applicant shall file an application and be required to submit the following information with the temporary use permit application for consideration:
a. A map showing the proposed location of the facilities and the existing land uses within one thousand feet (1,000') of the perimeter of the facility.
b. Site plan showing the layout of the facility, material stockpile areas, access points to the site, washout areas, truck staging and parking areas, and any other applicable information needed for the director to make the appropriate findings.
c. A map showing the proposed haul routes for incoming materials and for trucks to and from the project site.
d. Explanation of the method(s) to ensure the control of noise and dust at and around the site.
e. Proposed method for the containment of site runoff and washout areas to protect surrounding properties and drainageways.
f. Method for providing, when weather and site conditions necessitate, daily cleaning of streets to and from the job site to remove dirt, mud, and other debris from streets and roads. A contact person shall also be named to facilitate cleanup, if necessary.
g. Explanation of reclamation of the site following the completion of the use.
h. Proposed hours of operation and expected duration of the use.
9. Removal And Reclamation: Upon completion of the project or the expiration of the permit, the applicant shall be responsible for the removal and reclamation of the property in accordance with the approved reclamation plan. All equipment, trailers, debris, unused materials, and temporary structures shall be removed from the plant site within thirty (30) days of the completion of the operation. The soil restabilization and postoperation erosion control measures shall be established as soon as possible and maintained until permanent erosion measures have been established in accordance with the reclamation plan.
10. Revocation And Suspension Of Permit: The city may, for just cause, suspend, revoke, or not allow for the renewal of a permit, upon serving the owner of the operation with written notice of the charges forming the basis for the proposed penalty. Just cause shall include, but not be limited to:
a. Obtaining the permit through fraud or misrepresentation; or
b. Operating contrary to the terms of this code and any conditions of approval imposed; or
c. Suspending doing business for a period of ninety (90) consecutive days, unless permission is applied for and approved by the director of development services or designee.
M. Drive-In Theater, Seasonal:
1. Permitted Zone Locations: All nonresidential zoning districts except a short-term Temporary Use shall be allowed on a non-residentially used property such as a school or religious facility. Such short-term temporary use activities of this purpose shall not exceed four events within a calendar year and shall be considered part of the total number of allowable short-term events within a calendar year for the property/establishment.
2. Maximum Duration:
a. Daily Hours of Operation: Two (2) hours before the start of the movie/film and maximum of one (1) hour upon conclusion of the movie/film.
b. Seasonal Days of Operation: April 1 through November 1.
3. A site plan illustrating the intended layout of the site and all components of the operation shall be provided as part of the temporary use permit application. Said plan shall illustrate at a minimum vehicle circulation routes, including entrances and exits, entrance queuing, parking arrangement, pedestrian use areas and pathways, concessions and restroom locations, temporary storage, special lighting and any and all other ancillary components. Said site layout and operation shall be acceptable to the City, including Emergency Response agencies and Traffic Engineer.
4. Setbacks: All trucks, equipment, temporary structures, barriers, etc. shall be set back a minimum number of feet equal to the parking lot setback, and none of these items shall be placed closer to the right of way than the parking lot. In an area where there is no parking lot, the distance shall be equal to or greater than the parking lot setback required by the zoning ordinance for that district.
5. Video displays create concern for public safety due to the potential distraction to the motoring public viewing the movie screen from adjacent roadways and the potential intrusion of light and sound onto adjacent properties. Every effort should be made in the placement of the screen to limit the view from the general public on adjacent roadways and near-by properties. Views of any movie screen shall be mitigated to the satisfaction of the City to prevent a continuously unobstructed view from the street of more than five (5) seconds.
6. Amplified Sound: Other than the transmission of audio to the vehicles in attendance via transmitter, the use of amplified sound will require the issuance of a sound permit.
7. Waste Disposal: The applicant shall provide, as determined by the director of development services or designee, adequate facilities for disposal of trash.
8. All merchandise, trucks, equipment, barricades, etc. that are not secured to the site shall be removed within one (1) hour of the end of the last screening. At the expiration of the temporary use permit, all things associated with the temporary use shall be removed from the site in accordance with provisions stated in section 9-16-6 of this chapter. (Ord. 2008, 10-14-2013, eff. 1-1-2014; amd. Ord. 2472, 6-7-2021; Ord. 2166, 8-22-2016; Ord. 2613, 6-3-2024)
9-16-8: USE OF TENTS AND CANOPIES:
Tents and canopies may be used for promotional and recreational functions, provided they comply with subsections A through E of this section as listed herein:
A. Permit Required: All tents and canopies are required to be issued a permit. The tent permit fee will be established by resolution of the city council. The application for a permit shall include the following information:
1. Plot plan showing exact location of the tent or canopy and traffic circulation when located in a parking lot. Adjacent parking areas must also be shown.
2. Size of the tent.
3. Fire retardancy certificate.
4. Dates and time of use.
B. Fire Protection And Existing Requirements: Tents and canopies of any size shall conform in all respects with the fire code adopted by the city.
C. Anchorage: Tents shall be anchored so that they resist the wind loads as specified in the building code adopted by the city.
D. Location: The location of tents and canopies shall be in accordance with the fire code adopted by the city.
E. Size: Tents and canopies shall be limited to four thousand (4,000) square feet in area. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-9: CONDITIONS OF APPROVAL:
The director of development services or designee may impose such conditions on a temporary use permit as is necessary to meet the purposes of this chapter and protect the public health, safety and welfare and adjacent uses. Conditions which may be imposed may include, but are not limited to:
A. Yard setback and open space requirements.
B. Parking.
C. Fences, walls, or other screening.
D. Signs.
E. Vehicular and pedestrian ingress and egress.
F. Property maintenance during the course of the temporary use.
G. Control of illumination, noise, odor, vibration, or other nuisances.
H. Hours of operations. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-10: RESERVED:
Reserved by Ord. 2570.
9-16-11: APPEAL PROCEDURE:
A. City staff's decision to approve or deny a temporary use permit may be appealed to the city council by making a written request to the city clerk. The appeal will be placed on the agenda for the next available city council meeting.
B. After receiving the appeal and considering any submitted comments, the city council shall affirm, reverse, or modify the decision of city staff. The decision of the city council shall be the final determination as to whether or not the city approves the temporary use permit. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-12: PERMIT REVOCATION:
A temporary use permit for any event in progress may be revoked and the event terminated by the chief of police or the fire chief, or their respective designees, if the safety of the public is imminently endangered by activities generated by the event, the event has caused injury to persons or damage to property, or if there is a major violation of the conditions of the permit such that the standards of issuance have not been satisfied. (Ord. 2008, 10-14-2013, eff. 1-1-2014)
9-16-13: VIOLATIONS AND PENALTIES:
The operation of a temporary use is a privilege allowed by this chapter. Failure to maintain a temporary use in compliance with the conditions of approval and the regulations of this chapter may be punished as set forth in section 1-4-1 of this code.
A written notice of a minor violation of the temporary use permit shall be sent to the operator of the temporary use and the property owner, if different than the operator, and the operator shall have a minimum of five (5) calendar days and a maximum of ten (10) calendar days, as determined by the director of development services or designee, to bring the site into compliance. If the operator fails to correct the violation in the prescribed time, the city may revoke the temporary use permit and issue a cease and desist order for the temporary use. There shall also be a one year moratorium from that date on the issuance of any other temporary use permits on the property and a one year probationary period for the second year following the violation. During the probationary period, if the operator of a temporary use fails to maintain the premises and the use in conformance with the conditions of approval and this code, after the notification procedures noted above, the city may revoke the temporary use permit and no other temporary use permits shall be issued on the property for a period of two (2) years. (Ord. 2008, 10-14-2013, eff. 1-1-2014)