A. Purpose: This section is intended to provide guidelines for the approval of uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. Temporary uses have no inherent rights within the zone in which they locate. Temporary uses are characterized by their short term or seasonal nature and by the fact that they do not involve the erection of any substantial structures or require any other permanent commitment of the land.
B. Application And Fee:
1. Submittal: Application for temporary use approval shall be made to the city planner, on forms to be provided by the city, at least thirty (30) calendar days prior to the proposed event. The application for a temporary use permit shall be made by the owner of the affected property or the owner's duly authorized agent.
2. Fee: The application shall be accompanied by a nonrefundable fee as established in the consolidated fee schedule.
3. Business License: After approval of a temporary use permit, the applicant shall also obtain a business license for the proposed use.
4. Validity Of Approval: An approved temporary use permit shall be effective on the date of its approval. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the city planner effective immediately upon verbal or written notice for violation of the permit. Verbal notice shall be confirmed by written notice mailed within a reasonable time to the permit holder.
C. Required Information And Plans: The application shall be accompanied by the following information and plans:
1. Statement Of Event: A concise statement describing the proposed event, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on site security, provisions for on site parking, and other pertinent information necessary to adequately evaluate the application; and
2. Site Plan: A copy of a site plan drawn to a standard scale which is no greater than one inch equals twenty feet (1" = 20'), for the property which accurately represents existing conditions on the site, including entrances, exits, parking areas, driveways and existing structures, and which accurately shows the location of any proposed temporary structures such as tents, stands or signs.
D. Administrative Review Process:
1. Uses: The following uses may be reviewed and approved by the city planner:
a. Christmas tree lots;
b. Construction trailers;
c. Fireworks stands;
d. Model home shows;
e. Temporary offices;
f. Uses related to natural disasters;
g. Warehouse sales. (Ord. 2015-16, 5-26-2015)
2. City Planner Review: The city planner shall review the application and related materials and shall determine whether or not the proposal is in compliance with the general plan and all applicable codes, ordinances and specific standards for temporary uses as set forth herein. The city planner may request that the police chief and fire chief review and comment on applications where traffic control may be a significant issue. The city planner may also evaluate the application according to the process and standards contained in chapter 7 of this title, and request review and comments from the county board of health and/or other health related agencies.
3. Permit Issuance: A written permit shall be issued to the applicant after a determination of compliance has been made. Specific conditions to assure compliance may be attached to the permit.
4. Denial: An application may be denied if the city planner determines that the proposal does not comply with the standards established herein and that the public health, safety or welfare may be impaired by issuance of a permit. Denial of the application shall be communicated to the applicant in writing and shall state the reasons for denial.
5. Appeal: An appeal of any determination of the city planner may be made to the land use appeal authority in accordance with chapter 3-7 of this code.
E. Planning Commission Review: The following temporary uses require submittal of a conditional use application, which will be evaluated by the planning commission according to the process and standards contained in chapter 8 of this title:
1. Fairs, carnivals, rodeos, live entertainment, etc.;
2. Parking lot sales;
3. Promotional events;
4. Swap meets;
5. Temporary concrete and asphalt batch plants;
6. Other uses not specifically listed herein. (Ord. 2015-16, 5-26-2015)
F. Definitions:
ARTS AND CRAFTS SHOWS: The display and sale of painting, sculpture, hand crafts and similar objects.
CONSTRUCTION TRAILER: A trailer or other temporary structure, excluding sales and marketing uses located on the site of a construction project which is used as a contractor's temporary office or for storage of construction equipment during the actual time that construction is underway.
GARAGE OR YARD SALE: An occasional sale conducted by a property owner at his/her place of residence which offers obsolete personal possessions for sale, but does not include items brought to the site for sale.
PARKING LOT SALE: The sale of products outside, and removed from, a building which may be conducted by a permanent occupant of the site or by a transient merchant.
PROMOTIONAL EVENTS: Means and includes carnivals, craft shows, mechanical and animal rides, or the display and/or sale of merchandise or products that are not typically sold or serviced on the site.
RETAIL WAREHOUSE SALE: The sale of products or merchandise to the general public by a business established on a site in a manufacturing zone which does not operate a retail outlet as a normal element of its business operation.
SWAP MEET: The retail sale or exchange of new, handcrafted or secondhand items conducted by a sponsor for not more than forty eight (48) hours and includes flea markets.
TEMPORARY CARNIVALS AND FAIRS: The provision of games, eating and drinking facilities, live entertainment, animal exhibitions or similar activities outdoors, or in a tent or other temporary structure.
TEMPORARY OFFICE: A model home within a development which serves as an office for the sale or lease of property in the development, or a temporary structure located on the site of a development project which serves as a temporary business office while a permanent office is under construction on the site.
TEMPORARY SALES ACTIVITIES: The sale of products outside of, but in close proximity to, a building by a permanent occupant of a site and includes sidewalk sales, inventory reduction or liquidation sales, distressed merchandise sales, and similar sales.
G. General Standards: All temporary activities are subject to the following minimum standards:
1. Compatibility: The nature and intensity of the proposed use and the size and location of any temporary structures shall be planned so as to be compatible with existing development and uses in the area.
2. Changes To Site: Permanent changes to the site are prohibited. When the temporary use ends, the applicant shall restore the site to its original condition, including such clean up, washing and replacement of facilities as may be necessary, or, if applicable, shall complete site improvements according to the approved site development plan.
3. Structures: Tents, stands, trailers, mobile equipment and other similar temporary structures may be utilized, provided they are clearly identified on the submitted plan and it is determined by the city planner that they will not impair the parking capacity, emergency access, or safe and efficient movement of pedestrian and vehicular traffic on or off the site.
4. Setbacks: Temporary buildings or structures shall conform to all area and setback requirements established for permanent buildings or structures for the zoning district in which the use is proposed. Temporary buildings or structures shall not be located in landscaped areas and shall be located to minimize adverse impacts of increased traffic on surrounding properties.
5. Conduct Within Required Yard: Temporary uses which do not include buildings or structures may be conducted within a required yard, provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access.
6. Parking Standards:
a. Temporary Areas: Temporary parking areas are allowed only during construction on a site. They must be removed, and the land restored to its original condition, prior to issuance of a certificate of occupancy for the construction.
b. Adequate Parking Required: Adequate off street parking for the proposed event shall be provided for the duration of the event. Determination of compliance with this requirement shall be made by the city planner, who shall consider the nature of the event and the applicable parking standards of this title. Consideration shall be given to the parking needs and requirements of permanent occupants of the site.
c. Reduction To Permanent Uses Prohibited: Temporary uses shall not reduce required parking spaces below the minimum required for permanent uses on the site.
d. Surface: Parking areas for the proposed use shall be surfaced with asphalt, concrete, gravel or other surface acceptable to the city planner.
7. Signs: Permanent signs are prohibited. The size and location of signs shall be in compliance with applicable provisions of the sign ordinance for the zone in which the use will be conducted. All signs shall be removed when the activity ends.
8. Sound Devices: No loudspeakers or other amplifying sound devices shall be used in conjunction with a temporary use unless specifically approved by the city planner.
9. Lighting: Outdoor lighting, if used, shall be subdued. All lighting shall be designed, located and directed so as to eliminate glare and minimize reflection of light into neighboring properties. Searchlights shall not be permitted.
10. Violation Of Approval: Temporary uses on sites where the primary use is a conditional use shall not violate the conditions of approval for the primary use.
11. Accessory To Approved Use; Merchandise: The event or sale shall be clearly accessory to or promotive of the permitted or conditional use(s) approved for the site. Only merchandise which is normally sold or stocked by the occupant(s) of the site shall be sold and/or promoted.
12. Insurance: The applicant shall provide to the city planner proof of liability insurance for the requested use, if necessary. This proof shall be submitted with the application.
13. Code Compliance: These provisions shall not be construed to exempt the operator from complying with applicable building codes, health codes or permit requirements established by other regulatory agencies or departments.
H. Uses, Specific Standards And Time Limits:
1. Residential Zones: Temporary uses in single-family and multiple-family residential zones shall comply with the standards, and are limited to the uses, specified below:
a. Hours Of Operation: The conduct of temporary uses in residential zones shall be limited to the hours between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
b. Temporary Office In A Trailer: A temporary office in a trailer or other portable structure for the sale or lease of property in a subdivision or planned unit development (PUD) is prohibited.
c. Temporary Office In A Model Home: A temporary office for the sale or lease of property in a major subdivision or planned unit development (PUD) may be used until the last lot or unit in the development is sold. If the office is located in the area of the home intended for a garage, any alterations made to accommodate the office shall be removed, and the space shall be converted to function as a garage upon termination of the temporary office.
d. Construction Trailers: A construction trailer incidental to a specific construction project may be located on the site of such project. The trailer may remain for the duration of the project and shall be removed within thirty (30) days after substantial completion of the project. Storage of construction and related material and debris shall not be permitted in the public right of way. Temporary offices housed within construction trailers wherein a business or service for others are transacted are prohibited. Examples of such uses are accountant, architect, insurance sales, medical and dental, real estate sales, etc.
e. Public Gatherings: Fairs, carnivals, rodeos, live entertainment and other major public gatherings. Fairs, carnivals, rodeos, live entertainment and other similar major fundraising events or promotional events may be permitted for up to three (3) consecutive days at a site with an existing public or quasi-public use. Two (2) such events may be permitted per calendar year.
f. Model Home Shows: The viewing of model homes within a subdivision for a fee may be permitted for a period not to exceed two (2) weeks per calendar year.
g. Natural Disasters And Emergencies: Temporary activities and structures needed as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency.
2. Commercial And Industrial Zones: Temporary uses in commercial and industrial zones shall comply with standards, and are limited to the uses, specified below:
a. Hours Of Operation: The hours of operation for temporary uses in commercial and industrial zones shall be established at the time the use is approved.
b. Christmas Tree Sales Lots: A temporary use permit and business license shall be obtained for the display and open lot sale of Christmas trees, except where such display and sale occurs within a permanent outdoor sales area which is incidental and accessory to an approved conditional or permitted use. Christmas tree sales may occur only between Thanksgiving and December 25. All unsold trees shall be removed from the property, and the property returned to its original condition, by December 31 of each calendar year. A cash bond may be required to ensure performance of this requirement.
c. Construction Trailers: A construction trailer incidental to a specific construction project may be located on the site of such project. The trailer may remain for the duration of the project and shall be removed within thirty (30) days after substantial completion of the project.
d. Fairs, Carnivals And Other Major Public Gatherings: Fairs, carnivals and other similar major fundraising or promotional events may be permitted up to five (5) consecutive days on a site in a commercial or industrial zone. Two (2) such events may be permitted per calendar year.
e. Fireworks Stands: Retail sale of fireworks is permitted subject to provisions of the Farmington City business regulations. Duration of fireworks stands shall be specified and approved by the city planner.
f. Natural Disasters And Emergencies: Temporary activities and structures needed as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency.
g. Parking Lot Sales: Parking lot sales in zones where outdoor display is not otherwise allowed may be permitted for up to five (5) consecutive days at any one time.
h. Promotional Events: Promotional events shall not exceed five (5) consecutive days per event, two (2) of which shall be a Saturday and Sunday. There shall be no more than two (2) promotional events per calendar year per property.
i. Seasonal Produce Stands Offering Produce And Plants Not Grown On The Premises: Stands selling produce and plants which are not grown on the premises may be permitted for up to five (5) consecutive months each year. This category includes "farmers' markets".
j. Swap Meets: Swap meets may be permitted for not more than three (3) consecutive days not more than four (4) times per year. If an applicant proposes such events more frequently, the swap meet shall be considered a permanent use which shall require conditional use approval prior to issuance of a business license.
k. Temporary Concrete And Asphalt Batch Plants: Temporary concrete and asphalt batch plants may be allowed only as a conditional use requiring review and approval by the Planning Commission. Duration of such uses shall be approved by the Planning Commission.
l. Temporary Office: A temporary office for a business for which a permanent building is being constructed on a site may be approved and occupied until an occupancy permit is issued for the permanent building or for six (6) months, whichever comes first. The temporary office shall be located on the same site as the future permanent building but shall not be moved onto the site until a building permit is issued for the permanent building.
m. Warehouse Sales: In industrial zones, retail warehouse sales are allowed for up to five (5) days at any one time.
3. Time Between Activities: Except for construction trailers and temporary offices, the time between temporary activities shall be a minimum of five (5) times as long as the duration of the last event. (Ord. 1997-26, 6-4-1997)
I. Exempt Uses: The following temporary uses are exempt from the provisions of this section:
1. Nonprofit Fundraising: Fundraising events of nonprofit organizations which last not more than three (3) consecutive days, including such things as bake sales or car washes, but not including larger events such as outdoor carnivals, swap meets, or arts and crafts sales;
2. Temporary Sales Activities: Temporary sales activities involving the display of new retail products on the site of the business which sells such products, provided the display area is within ten feet (10') of the main building, does not exceed thirty (30) square feet and six feet (6') in height, and does not extend into a public right-of-way or occupy required parking spaces or landscaped areas;
3. Garage, Yard Sales: Garage sales, yard sales or boutiques that occur not more than four (4) times a year, with each event lasting not more than seventy two (72) hours;
4. Seasonal Fruit, Vegetable Stands: Seasonal fruit and vegetable stands selling produce grown on the premises are permitted subject to compliance with other applicable provisions of this title and the sign ordinance;
5. Community Events: Community events which are sponsored and/or approved by the City;
6. Other Approved Exemptions: Other exemptions as specifically approved in writing by the City Manager. (Ord. 1997-26, 6-4-1997; amd. Ord. 2015-16, 5-26-2015; Ord. 2018-18, 5-15-2018; Ord. 2023-65, 11-14-2023)