The Board of Zoning Adjustment shall hear and decide applications for special use permits as follows:
(A) Uses requiring a special use permit in any zone in the city:
(1) An event requires a special use permit if all of the following criteria apply:
(a) The event is temporary in nature and does not exceed 180 days in a calendar year; and
(b) The event is open to any sector of the general public, including, but not limited to, events that charge an entrance or admittance fee; and
(c) The event is located outdoors or in a temporary structure, including tents and canopies, but excluding permanent facilities normally accommodating such events, such as a stadium; and
(d) The event is held on private property; and
(e) Temporary structures or trailers, including temporary storage containers in the commercial and industrial zones, for a maximum of 180 days in a calendar year.
(2) Special events which require a special use permit include, but are not limited to, the following, unless specifically excepted under division (B) below:
(a) Carnivals, fairs, circuses and rodeos;
(b) Christmas tree sales lots, pumpkin patches, certified farmers markets and other seasonal outdoor sales;
(c) Car, truck or other vehicle shows;
(d) In the A zone only, temporary sales stands for the sale of agricultural produce by the owner of the land on which the produce is grown. The produce may be sold either on the land where grown or on another site within the A zone owned by the same owner and may only be sold while the produce is in-season locally, not to exceed 365 consecutive days;
(e) Temporary structures or trailers, including temporary storage containers in the commercial and industrial zones, for a maximum of 90 days in a calendar year;
(f) Outdoor music, dance or rock festivals, subject to a festival permit pursuant to Chapter 5.30 of the Corona Municipal Code;
(g) Outdoor display and sale merchandise within the parking lot of a property within a commercial land use district or an M-1, M-2, or M-4 Zones, provided the sale and display of merchandise is limited to products commonly sold by the commercial business or associated with the light industrial or business park use operating on the property;
(h) Uses that meet the criteria set forth in this division (A) or are similar in nature and purpose, as determined by the Planning Director.
(B) Uses exempt from a special use permit. The following uses are exempt from the special use permit requirements but shall obtain a temporary use permit pursuant to § 17.99.030:
(1) Outdoor display and sale of merchandise within a commercial land use district that is not located in a parking lot;
(2) Grand opening events that do not involve outdoor activities in a parking lot;
(3) The following uses are specifically exempt from the special use permit requirements, provided that said use complies with all other city codes and has permission of the property owner. The applicant shall obtain permits required by other city codes for:
(a) Political gatherings;
(b) Private social gatherings, weddings, reunions and the like that are not for commercial profit and do not disrupt the use or availability of public facilities;
(c) Parades;
(d) Sales trailers for residential tracts which shall obtain a model home permit;
(e) Construction trailers when listed as a permitted use in the zone;
(f) Uses listed in division (A) of this section in the following circumstances:
1. The property is owned or leased and controlled by a public agency; or
2. The event is sponsored by a non-profit, religious, charitable or educational organization or association and the following criteria are satisfied:
a. The event is located on property owned or leased by said organization where it conducts its regular scheduled meetings and activities pursuant to the zoning regulations; and
b. All proceeds of the event will be used solely for the purposes of said organization.
(g) Garage sales on private residential property when conducted by a resident of the premises, excluding merchandise purchased for resale or obtained on consignment and subject to a garage sale permit pursuant to Chapter 5.44;
(h) Garage or rummage sales conducted by a bona fide charitable, educational or cultural institution or organization, provided the proceeds from the sale are used directly for charitable, educational or cultural purposes.
(C) Uses not permitted with a special use permit. A special permit shall not be issued to permit any of the following uses:
(1) Swap meets;
(2) Uses that involve the construction of permanent structures or facilities;
(3) Transient commercial businesses, as defined in this title, except Christmas tree sales lots, pumpkin patches and other similar seasonal outdoor sales.
(D) Criteria for granting special use permits. The Board of Zoning Adjustment may grant a special use permit under this chapter if it makes a finding from the evidence presented to it that the following five conditions exist in reference to the proposed use and property which is the subject matter of the application:
(1) That the use applied for at the location set forth in the application is properly one for which a special use permit is authorized by this title, including a finding that the use is temporary in nature;
(2) That the use is necessary or desirable for the community, is in harmony with the various elements or objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located;
(3) That the site for the intended use is adequate in size and shape to accommodate said use and all of the yards, setbacks and walls or fences, landscaping and other features are consistent with the zoning requirements for the site;
(4) That the site for the proposed use relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use;
(5) That the proposed use shall not block required parking spaces or drive aisles or any access designed for public safety.
(E) Renewal of special use permits. A special use permit may be renewed by the board of zoning adjustment for a new period of time, provided that the time limits in this chapter are not exceeded and the site plan, conditions, and all circumstances, with the exception of dates, are identical to the original permit. The director of planning shall determine if an application is eligible for renewal, based on the above provisions and a finding that no health or safety concerns or code violations were caused by the original permit. A request for renewal shall be submitted in writing at least seven calendar days in advance of the proposed new period of effectiveness and shall include a fee, as established by the City Council, to defray the director's costs in reviewing the request.
(`78 Code, § 17.98.030.) (Ord. 3052 § 1, 2010; Ord. 3017 § 1 (part), 2009; Ord. 2980, § 1 (part), 2009; Ord. 2940 § 2, 2008; Ord. 2695 § 2, 2004; Ord. 2560 §§ 4-7, 2001; Ord. 2554 § 6, 2001; Ord. 2178 § 4, 1993; Ord. 2157 § 2 (part), 1993; Ord. 2047 § 2 (part), 1991.)