(A) Purpose. Because there are certain uses intended to be temporary in nature, this section establishes a process for review and approval of certain uses that are intended to be a limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. The process outlined here will allow the Community Development Director and the Planning and Zoning Commission to review and approve or disapprove applications for temporary uses. It will also allow for the modification of an application, if desired, to make it more harmonious and compatible with adjoining and/or nearby uses.
(B) Permitted uses. Only those uses listed in the temporary use section of each zone, or as otherwise specified in this Development Code, shall be permitted under the process provided for by this division.
(C) Permit procedures.
(1) Application. Application for a temporary use permit shall be made by a property owner or authorized agent upon forms provided by the municipality. All information requested on the application form must be completed before the application will be processed. Applicant may apply for approval of a temporary use not less than 45 days before the use is intended to begin accompanied by payment of the required fee.
(2) Required findings. The decision-making authority (Community Development Director, Planning and Zoning Commission, or Town Council, as applicable) may approve an application for a temporary use permit to allow a temporary use for a period of time, only upon making all of the following findings:
(a) The proposed use will not unreasonably affect or have a negative impact on adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the town;
(b) The proposed use is consistent with a land use permitted by the present zoning district within which the site is located, or a land use considered permitted by a zoning district listed in the general plan as being consistent with the general plan land use designation of the site;
(c) The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and
(d) Appropriate controls are in place that will ensure the premises will be kept clean, sanitary, free of litter, and all circulation and parking surfaces will include a suitable dust- controlled surface.
(3) Approvals. The Community Development Director may approve an application for a temporary use permit to allow a temporary use for a period of time not to exceed 45 days. All temporary use requests for a period of time exceeding 45 days may be approved by the Planning and Zoning Commission. Temporary use permits shall be valid for a maximum of two years.
(4) Conditions. In approving a temporary use permit, the decision-making authority may impose reasonable conditions deemed necessary to achieve the findings for a temporary use permit listed above, including but not limited to:
(a) Regulation of vehicular ingress and egress and traffic circulation;
(b) Regulation of dust control surfaces;
(c) Regulation of lighting;
(d) Regulation of solid waste removal;
(e) Regulation of hours, total number of events/duration for the permit, and other characteristics of operation;
(f) Submission of final plans to ensure compliance with conditions of approval;
(g) Requirement of bonds or other guarantees for cleanup or removal of structure or equipment; and
(h) Such other conditions as the decision-making authority may deem necessary to carry out the intent and purpose of this section.
(5) Appeals. The Director’s decision may be appealed to the Planning and Zoning Commission if a written request from the applicant is received by the Community Development Department within 15 calender days after the Director’s final decision is rendered. Appeals will be heard, and a final decision will be rendered by the Planning and Zoning Commission at their next regular meeting after seven calender days from receipt of the appeal. The Planning and Zoning Commission’s decision may be appealed to the Town Council if a written request from the applicant is received by the Community Development Department within 15 calender days after the Commission’s final decision. Council’s consideration of the appeal will be scheduled at a time to be determined by the Town Clerk.
(D) Notice. Notice of the proposed temporary use permit shall be posted on the subject property for a period of 15 days prior to the date scheduled for final decision of the request. Notice shall also be mailed to property owners within 300 feet of the property boundaries proposed for the temporary use. Additional notification may be required at the Community Development Director’s discretion.
(E) Revocation. The decision-making authority may revoke any temporary use permit for noncompliance with any of the conditions set forth in granting the permit. This revocation shall occur after a public hearing, notice for which shall be in accordance with § 150.015. Written notice of the possibility of revocation shall be mailed to the applicant and property owner not less than 30 days prior to the meeting at which the issue will be discussed. The revocation of a temporary use permit shall have the effect of denying all rights and privileges granted by the approval of the use permit.
(F) Time limit. If an established time limit for the temporary use permit expires or if a time limit for the duration of the carrying on of the use has been established as a condition of approval, the permission for the use shall be considered to be revoked upon the date of expiration without any notification to the applicant.
(G) Effective dates.
(1) Permit period 45 days or less. A temporary use permit issued for 45 days or less shall become effective on the date the permit is approved by the decision-making authority.
(2) Permit period more than 45 days. A temporary use permit for more than 45 days shall become effective seven days from the date the permit is approved by the decision-making authority.
(Ord. 689-20, passed 4-6-2020)