The temporary use permit is intended to allow for transient activities and impermanent improvements that may not comply with otherwise applicable development and use standards. The temporary use permit accommodates such activities and improvements in a regulated manner on an interim basis and does not confer a right to continue the activity or improvement.

(Ord. No. 300-23, § 2, 1-25-2023)

A temporary use permit may be issued by the Planning Director for the following transient activities and impermanent improvements.

1.

Seasonal product sales that are not conducted on the site of an established retail business or that occur for a period exceeding thirty (30) consecutive calendar days. Examples include Halloween pumpkin sales and Christmas tree sales.

2.

Outdoor dining areas that are operated by an established restaurant and are located in a parking lot or pedestrian circulation area adjacent to such restaurant.

3.

Circuses, carnivals, fairs, festivals, concerts, sporting events, and similar events that are not conducted within an auditorium, stadium, or other public assembly facility intended to accommodate such activities.

4.

Off-site laydown yards and storage areas for construction materials, equipment, or vehicles.

5.

Modular buildings or trailers that are intended to be installed and used for a limited period. Examples include portable school classrooms, real estate sales offices for approved development projects, construction project offices, and security offices and caretaker residences for construction sites.

6.

Other transient activities and impermanent improvements that the Planning Director determines to be similar to and no more objectionable than those listed above.

(Ord. No. 300-23, § 2, 1-25-2023)

A temporary use permit shall be obtained prior to commencement of a transient activity or construction of an impermanent improvement that is subject to this Chapter. A temporary use permit does not exempt the activity or improvement from inspections and other approvals required by law. A temporary use permit may not conflict with, and shall not supersede, any conditions of approval imposed by a conditional use permit or a planned development permit. Temporary use permit applications shall be filed with the City pursuant to Chapter 9.35. The Planning Director shall approve or deny a temporary use permit within fourteen (14) days of the filing of a complete application.

(Ord. No. 300-23, § 2, 1-25-2023)

The Planning Director may approve a temporary use permit application only when all of the following findings of fact can be made in a positive manner:

1.

The subject site is adequate in size and shape to accommodate the proposed activity or improvement.

2.

The subject site is served by streets or highways with capacity to accommodate traffic that will be generated by the proposed activity or improvement.

3.

Adequate parking is available on-site, on-street, or at alternate locations to accommodate traffic that will be generated by the proposed activity or improvement.

4.

The proposed activity or improvement will not be detrimental to properties adjacent to or in the vicinity of the subject site.

5.

The proposed activity or improvement will not be detrimental to the public peace, health, safety, or general welfare.

(Ord. No. 300-23, § 2, 1-25-2023)

When approving a temporary use permit, the Planning Director may impose such conditions as are deemed necessary to ensure that the permit will be in accord with the findings required by Section 9.29.040. Conditions of approval may address all topics pertinent to the proposed activity or improvement including:

1.

Vehicular access, egress, and parking facilities.

2.

Nuisance factors such as glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.

3.

Site plan.

4.

Design, placement, height, and size of buildings, structures, and facilities.

5.

Buffer areas and other yards.

6.

Sanitary and medical facilities.

7.

Solid waste collection and disposal.

8.

Security and safety measures.

9.

Signs.

10.

Operating hours and days.

11.

Insurance.

12.

Performance bond or other surety device to ensure that the subject site is restored to its former condition within a reasonable time after expiration or revocation of the permit.

(Ord. No. 300-23, § 2, 1-25-2023)

When approving a temporary use permit, the Planning Director shall set an expiration date for the permit. The expiration date may limit the permit to a duration shorter than requested by the applicant. Applications to renew a temporary use permit shall be processed in the same manner as initial applications.

(Ord. No. 300-23, § 2, 1-25-2023)

The Planning Director may modify or revoke a temporary use permit upon making a determination that one or more of the following circumstances exists:

1.

The permit was obtained in a fraudulent manner.

2.

Noncompliance with conditions of approval or applicable laws.

3.

The authorized activity or improvement has become detrimental to one or more properties adjacent to or in the vicinity of the subject site.

4.

The authorized activity or improvement has become detrimental to the public peace, health, safety, or general welfare."

(Ord. No. 300-23, § 2, 1-25-2023)