A. Purpose: The purpose of this Section is to provide a mechanism for enforcement of the temporary use regulations that apply to short-term, seasonal, and transient uses such as community festivals, fresh produce stands, and temporary promotions by permanent businesses, but does not apply to Short Term Rentals.
B. Applicability:
1. A Temporary Use Permit shall be required prior to the establishment of any temporary use except:
a. Construction office or yard, temporary (included in Building Permit approval);
b. Garage sale, temporary; or
c. Outdoor display of goods, temporary (except as required by the use-specific standards at Subsection 7.3.305D (Outdoor Display of Goods, Temporary)).
2. The Manager shall approve a Temporary Use Permit for an appropriate specified period not to exceed five (5) years. Upon expiration, a new Temporary Use Permit may be requested. If a use extends beyond one (1) year, a Conditional Use Permit may be granted, subject to requirements in Section 7.5.601 (Conditional Use Permit).
C. Temporary Use Permit Process:
1. Manager's Decision: The Manager shall review the Temporary Use Permit application and within three (3) business days after the determination of application completeness shall approve, approve with conditions, or deny the application based on its compliance with the standards applicable to temporary uses generally in Section 7.3.304 (Accessory Uses), any use-specific standards applicable to that particular temporary use, and the following criteria:
a. The use will not be detrimental to the public health, safety, and general welfare, and is compatible with the purpose and intent of this UDC and the zone district in which it will be located;
b. The use is compatible in intensity, characteristics, and appearance with existing land uses in the immediate vicinity of the proposed location, and the use, value, and qualities of the neighborhood surrounding the proposed location will not be adversely affected by the use or activities with it. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall all be considered;
c. The use is not on City-owned property unless the applicant first obtains approval of a revocable permit under Part 3.2.2 of the City Code authorizing such use;
d. Display of merchandise for sale need not comply with the yard and setback requirements of this UDC provided that no merchandise shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets or within the required landscaped setback area;
e. Adequate off-street parking meeting the standards in Part 7.4.10 (Parking and Loading) is provided to serve the use, and the use does not displace the required off-street parking spaces or loading areas of any principal permitted uses on the site; and
f. A sales tax license is obtained from the City's sales tax office for a temporary use involving the sale of tangible personal property or taxable services. (Ord. 23-03)