A. Definition:
A Temporary Structure means a structure that must be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. A mobile or modular structure, trailer and coach are examples of a temporary structure.
B. Building permit required:
It is unlawful for any person or entity to place, use or occupy any temporary structure upon any public or private land without the approval of the Director of Development Services and the issuance of a building permit. This regulation does not apply to the use of a temporary structure for mere storage provided that the structure is less than 120 square feet in area.
C. Conditions for approval:
1. The Director of Development Services is authorized to approve the use of a temporary structure under any of the following conditions:
a. When permanent facilities are being constructed or remodeled in accordance with applicable codes, or when temporary office needs arise.
b. In conjunction with the construction of a residential subdivision of land.
c. In conjunction with the major construction of a new building or rehabilitation of an existing building.
2. The approval of a temporary structure shall be limited to a maximum of one year. However, upon request by the applicant, an extension not to exceed one additional year may be granted by the Director, only if evidence is provided that extraordinary circumstances prevented the completion of the permanent facilities within the original one-year time period or temporary habitable space is still needed. An extension beyond this additional one-year time period shall require Planning Commission approval. A decision by the Director to deny a request for an extension may be appealed to the Planning Commission.
3. The placement of a temporary structure for any use other than those listed above shall require approval of a Conditional Use Permit pursuant to Chapter 15.70 of this title. A filing fee as established by resolution of the City Council shall accompany an application for a Conditional Use Permit.
D. Procedure for approval:
1. A request for a temporary structure shall be submitted to the Development Services Department. The request shall be subject to a filing fee and shall be accompanied by a fully dimensioned, scaled plot plan of the entire property showing all existing structures and uses and the proposed location of the temporary facilities.
2. The following information shall be shown on the plot plan: property line dimensions; setback dimensions; distances between buildings; location and design of parking facilities; and such other pertinent information as may be required to properly evaluate the request.
3. All plans submitted with the request for a temporary structure shall be reviewed by the Development Services Department.
4. A temporary structure shall comply with all requirements of the Uniform Building Code, Uniform Fire Code, and all other codes, ordinances and regulations adopted and administered by the City of Fullerton, as well as other conditions deemed necessary to guarantee the public health, safety and general welfare.
5. A building permit shall be issued for a temporary structure that is approved by the Director of Development Services.
E. Cash deposit:
A cash deposit shall be posted with the city to guarantee removal of any temporary structure permitted under this provision. The amount of the deposit shall be determined based on an actual bid as determined by licensed contractor, provided by the applicant, for removal of the structure.
(Ord. 2982, 2001)