This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.
(A) Temporary uses not requiring a use permit. The following types of temporary uses may be conducted without a use permit. Other permits, such as building permits or business licenses, may be required.
(1) Yard/garage sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive days occurring no more than four times a year.
(2) Events in assembly venues. A permit shall not be required for events which occur in theaters, meeting halls or other permanent public assembly facilities.
(B) Temporary uses requiring a temporary use permit. Other temporary uses may be permitted pursuant to Chapter 23.28, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
(1) Real estate sales offices. Real estate sales offices within approved development projects may be permitted in accordance with the following standards.
(a) Time period.
1. The temporary real estate sales office shall be removed at the end of two years following the date of the recording of the final map of the subject subdivision in which the real estate sales office is located.
2. If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate sales office.
(2) Seasonal sales. This division is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers' markets. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards.
(a) Time period.
1. Seasonal sales associated with holidays are allowed up to 30 days preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.
2. The subject premises shall not be used for seasonal sales more than two times within the calendar year.
(b) All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.
(c) The property shall not be used in such a manner as to create a nuisance due to noise, dust, litter, or other factors.
(d) The city reserves the right to shut down a temporary seasonal sales operation if the operation is posing safety concerns, has become a nuisance, or has violated any requirements of this section. All costs associated with the removal and/or abatement shall be paid for by the property owner.
(e) A business license is required.
(3) Circuses and carnivals. Circuses and carnivals in compliance with Chapter 5.80 of the Municipal Code.
(4) Special events and sales. Short-term special events and sales, including, but not limited to, grand opening events and special sales events, may be permitted in accordance with the following standards:
(a) Temporary outdoor events.
1. Location. Events are limited to non-residential zones.
2. Number. No more than six events at one site shall be allowed within any 12-month period.
3. Duration. The maximum duration of a single event is four consecutive days with a minimum of 14 days between each event.
(b) Temporary outdoor sales.
1. Location. Sales are limited to non-residential zones.
2. Number. No more than six temporary outdoor sales occurrences at one site shall be allowed within any 12-month period.
3. Duration. The maximum duration of a single temporary outdoor sales occurrence is four consecutive days with a minimum of 14 days between each temporary outdoor sales occurrence.
4. Temporary outdoor sales shall be part of an existing business on the same site.
5. Outdoor display and sales areas shall be located on a paved or other approved hard surfaced area on the same lot as the structure(s) containing the business with which the temporary sale is associated.
6. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
(C) Temporary uses requiring a temporary use permit. Other similar temporary uses, special events, outdoor sales, and displays which, in the opinion of the Director, are compatible with the zone and surrounding land uses and are determined to not impact neighboring uses or otherwise create significant impacts, may be allowed with the approval of a temporary use permit.
(Ord. 4823, passed 1-22-24)