(A) Purpose. A temporary use permit is needed to ensure that all temporary uses, including special events, are conducted in a safe manner that mitigates potential adverse impacts on city infrastructure and adjacent properties.
(B) Applicability. No person shall establish a temporary use until a temporary use permit has been obtained. Special events and activities conducted on public property, such as school sites and city parks, shall be exempt from the provisions of this section but must comply with the regulations and guidelines of the authorizing agency (e.g. school district or city). Only one temporary use is permitted on a parcel or lot.
(C) Review criteria. The application shall demonstrate that:
(1) The use is an authorized temporary use pursuant to § 154.406(O);
(2) There is no other valid temporary use on the parcel or lot;
(3) The use will not be detrimental to the public health, safety and general welfare, and the use is consistent with the purpose and intent of this code and the specific zoning district in which it will be located;
(4) The use is compatible in intensity, characteristics and appearance with existing land uses in the immediate vicinity of the temporary use, and the use will not be adversely affected by the use of activities associated with it. Factors in determining compatibility include, but are not limited to location, noise, odor, light, dust control and hours of operation.
(5) The use will not cause traffic volumes to exceed the capacity of affected streets;
(6) Adequate off-street parking to serve the use is provided in accordance with § 154.601. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site;
(7) The entrance and exit drives comply with this code, except that paving shall not be required for a temporary use;
(8) Permanent hook-ups to utility services are not provided;
(9) Structures and/or display of merchandise comply with the yard and property line setback requirements of the zone district within which the use is located. The items shall be displayed so as not to interfere with the sight visibility triangle of the intersection of the curb line of any two streets or a driveway and a street. In no case shall items be located within the public right-of-way;
(10) Uses involving the sale of merchandise have obtained a sales tax license from the city Finance Department in accordance with city sales tax ordinances;
(11) Signage for the use is provided only in compliance with §§ 154.801 through § 154.815; and
(12) A minimum of 30 calendar days has lapsed since the previous temporary use on the parcel or lot expired.
(D) Application, review and decision-making procedures. Application requirements, processing procedures and decision-making are described in Table 154.905.1 and § 154.906 with the following modification:
(1) Validity. Temporary use permit renewals shall cover a period of 48 hours to no longer than four months and extensions shall not be allowed.
(Ord. O-05-04, passed 4-11-05)