70 - TEMPORARY USES
Sections:
It is the purpose of this chapter to provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted.
(Ord. 980 § 1, 2003)
A.
No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. Uses which may be authorized as temporary uses are enumerated in various zoning districts and specified in other chapters of this title. A temporary use permit is required for temporary uses except those specifically exempted pursuant to Section 17.70.040.
B.
Written permission shall be provided from the owner of the property upon which the temporary use is proposed to be located authorizing the proponent to use the subject property for the stated purposes and time period.
(Ord. 980 § 1, 2003)
The application for a temporary use permit shall be submitted on forms obtained from the public works department. The application shall contain all the information required by the city. The public works department shall verify that the application is consistent with the requirements of this chapter. Temporary uses shall be reviewed and processed in accordance with Sections 17.70.050 and 19.06.030.
(Ord. 980 § 1, 2003)
The following temporary uses, when located in the Central Business district (C-l) and Highway Commercial district (C-2) for not longer than the time periods specified below, are exempt from the permit requirements of this section:
1.
Christmas tree lots (not to exceed thirty days);
2.
Fireworks stands (not to exceed ten consecutive days);
3.
Amusement rides, carnivals and circuses, (not to exceed ten consecutive days);
4.
Parking lot sales, which are ancillary to the indoor sale of similar goods and services (not to exceed ten consecutive days);
5.
City sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e. weekly, monthly, yearly, etc.).
(Ord. 980 § 1, 2003)
The director or designee may approve, or modify and approve an application for a temporary use permit if the application satisfies all of the following criteria:
1.
The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;
2.
The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located;
3.
The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity;
4.
Structures proposed for the temporary use comply with the setback requirements of the specific zoning district in which it will be located;
5.
Adequate on-site parking area is available to serve the temporary use;
6.
Hours of operation of the temporary use are specified;
7.
The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses;
8.
The use must provide sanitary facilities if the director or designee finds it to be necessary.
(Ord. 980 § 1, 2003)
A temporary use is valid for up to one hundred eighty calendar days from the effective date of the permit; however, the director may establish a shorter time frame. The director may grant one extension not to exceed sixty days, upon the applicant showing compliance with all conditions of permit approval. The property owner or holder of a temporary use permit may not file an application for a successive temporary use permit for sixty days following the expiration of an approved permit applying to that property. Within five days of the expiration of the temporary use permit, the applicant shall have the use and all physical evidence removed from the site.
(Ord. 980 § 1, 2003)
Prior to the approval of a temporary use permit, the applicant shall submit to the director an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of the chapter.
(Ord. 980 § 1, 2003)
In appropriate circumstances the director may require a reasonable performance of maintenance assurance device, in a form acceptable to the finance department, to assure compliance with the provisions of this title and the temporary use permit as approved.
(Ord. 980 § 1, 2003)
70 - TEMPORARY USES
Sections:
It is the purpose of this chapter to provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted.
(Ord. 980 § 1, 2003)
A.
No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. Uses which may be authorized as temporary uses are enumerated in various zoning districts and specified in other chapters of this title. A temporary use permit is required for temporary uses except those specifically exempted pursuant to Section 17.70.040.
B.
Written permission shall be provided from the owner of the property upon which the temporary use is proposed to be located authorizing the proponent to use the subject property for the stated purposes and time period.
(Ord. 980 § 1, 2003)
The application for a temporary use permit shall be submitted on forms obtained from the public works department. The application shall contain all the information required by the city. The public works department shall verify that the application is consistent with the requirements of this chapter. Temporary uses shall be reviewed and processed in accordance with Sections 17.70.050 and 19.06.030.
(Ord. 980 § 1, 2003)
The following temporary uses, when located in the Central Business district (C-l) and Highway Commercial district (C-2) for not longer than the time periods specified below, are exempt from the permit requirements of this section:
1.
Christmas tree lots (not to exceed thirty days);
2.
Fireworks stands (not to exceed ten consecutive days);
3.
Amusement rides, carnivals and circuses, (not to exceed ten consecutive days);
4.
Parking lot sales, which are ancillary to the indoor sale of similar goods and services (not to exceed ten consecutive days);
5.
City sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e. weekly, monthly, yearly, etc.).
(Ord. 980 § 1, 2003)
The director or designee may approve, or modify and approve an application for a temporary use permit if the application satisfies all of the following criteria:
1.
The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;
2.
The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located;
3.
The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity;
4.
Structures proposed for the temporary use comply with the setback requirements of the specific zoning district in which it will be located;
5.
Adequate on-site parking area is available to serve the temporary use;
6.
Hours of operation of the temporary use are specified;
7.
The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses;
8.
The use must provide sanitary facilities if the director or designee finds it to be necessary.
(Ord. 980 § 1, 2003)
A temporary use is valid for up to one hundred eighty calendar days from the effective date of the permit; however, the director may establish a shorter time frame. The director may grant one extension not to exceed sixty days, upon the applicant showing compliance with all conditions of permit approval. The property owner or holder of a temporary use permit may not file an application for a successive temporary use permit for sixty days following the expiration of an approved permit applying to that property. Within five days of the expiration of the temporary use permit, the applicant shall have the use and all physical evidence removed from the site.
(Ord. 980 § 1, 2003)
Prior to the approval of a temporary use permit, the applicant shall submit to the director an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant's property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of the chapter.
(Ord. 980 § 1, 2003)
In appropriate circumstances the director may require a reasonable performance of maintenance assurance device, in a form acceptable to the finance department, to assure compliance with the provisions of this title and the temporary use permit as approved.
(Ord. 980 § 1, 2003)