(a) Purpose. To insure that proposed temporary uses comply with the requirements of this chapter, no use that is classified as a temporary use in the zoning district in which it is located shall be placed or established on the property without first receiving a temporary use permit from the planning and development department.
(b) Pre-application procedure. No pre-application conference is required prior to applying for a temporary use permit. Applicants are encouraged to call or visit the planning and development department prior to requesting a temporary use permit to determine what information is required for the application.
(c) Plan submittal.
(1) Filling of application. An application for a temporary use permit may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. Where an agent, files the application, the agent shall provide the planning and development director with documentation that the owner of the property has authorized the filing of the application. The application for a temporary use permit shall be filed with the development and permitting center on a form provided by the center.
(2) Fees. A permit fee, as established by City of Asheville Fees and Charges Manual, shall be submitted with the application. In addition, a permit shall be obtained from the fire department as required by the fire prevention code. If the temporary use is deemed an event of public interest or will require the expenditure of money or use of resources by the city (beyond routine administrative costs) in connection with the implementation of the public safety plan described in subsection (3) below, the applicant shall pay for these expenses prior to the initiation of the temporary use or provide a bond or other satisfactory security for the payment thereof, as identified and estimated by the city. These expenses may include, but are not limited to, the pro-rated salary of city or other government employees necessary for the conduct of the temporary use. City-sponsored or co-sponsored events may be exempt from these fee requirements. City council may also waive fees for events deemed to have special economic development benefits.
(3) Information required. Each application for temporary use permit shall contain the information required on the application form. The application shall be accompanied by a sketch plan showing the boundaries of the property, the use of adjacent properties, the location of the temporary use or structure on the property, access and parking provisions, restroom facilities, and other information sufficient to show that the temporary use or structure complies with the standards set forth in this chapter and chapter 4 of the fire prevention code.
a. Persons seeking issuance of a temporary use permit for an event shall file an application with a minimum of ten days prior to the proposed event date, unless this time frame is reduced by the planning and development director.
b. Persons seeking issuance of a temporary use permit for an event of public interest shall file an application with a minimum of 21 days prior to the proposed event date, unless this time frame is reduced by the planning and development director. For uses involving the expected congregation of 100 or more persons at any one time (otherwise described as "assembly" uses in the building code), the event shall be deemed an event of public interest and shall also provide an approved public safety plan identifying the means by which public safety will be ensured during the conduct of the temporary use. This public safety plan may include, but is not limited to, such information as: ingress and egress to and from the site; fencing, screening or buffering to control noise and/or crowds; provisions for parking and/or overflow parking; staffing for security and crowd control at the event; and any additional information that may be required by the police or fire chief. The applicant shall be responsible for public expenses associated with the public safety plan as provided in subsection (2) above. If determined necessary by the police chief or fire chief, the public safety plan will be coordinated with other affected agencies involved in public safety operations, including but not limited to the Buncombe County Sheriff, the Buncombe County Emergency Management Director, appropriate rural fire district personnel and the North Carolina Division of Alcohol Law Enforcement.
c. Persons seeking issuance of a temporary use permit for an event on public property shall file an application with the parks and recreation department in accordance with the City of Asheville Special Events Guideline.
(d) Staff review. The planning and development director shall review the application and determine whether it is complete within ten working days of its submittal. If the application is found to be incomplete, the planning and development director shall notify the applicant of any deficiencies. No further steps shall be taken to process the application until the applicant corrects the deficiencies. Provided the application is complete, failure by the planning and development director to determine the completeness of the application within ten working days shall result in the refund of any application fee paid. The planning and development director shall issue a temporary use permit only upon finding that the proposed use satisfies the requirements set forth in section 7-14-2 of this chapter.
(e) Public notification. No public notification is required for temporary use permit requests.
(f) Formal review. No formal review of temporary use permit requests is required. Requests shall be reviewed by appropriate city staff to assure compliance with all applicable regulations and requirements.
(g) Variances. Requests for variances from the requirements set forth in this chapter shall be heard by the board of adjustment under the procedures established in section 7-6-1.
(h) Appeals. Appeals of the decisions of the planning and development director shall be heard by the board of adjustment under the procedures established in section 7-6-2.
(i) Permit validity. The temporary use permit shall be valid only for the time period stated on the permit, as set forth in section 7-14-2.
(j) Violations. Violations of the conditions of the temporary use permit shall be considered a violation of this chapter and shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(k) Public emergencies. In the event of a natural disaster, catastrophic event or public emergency the city manager or her/his designee may waive any temporary use permit procedures and authorize the placement of temporary use facilities which are deemed necessary or desirable in conjunction with the management of the emergency.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2535, § 3, 1-12-99; Ord. No. 3162, § 1, 9-14-04; Ord. No. 3480, § 1(c), 6-12- 07)