(A) Purpose. The purpose of the temporary use permit process is to identify those land uses which may be appropriate on a temporary basis in a zoning district but, due to either their location, function, or operation are considered inappropriate as permanent primary or accessory uses, and provide a procedure whereby such uses may be permitted for a defined period of time within parameters established herein.
(B) Permit required. Prior to the commencement of a temporary use permitted in this section, an individual must secure a permit issued by the City Manager or his or her designee. Sufficient documentation to show compliance with the provisions of this chapter as determined by the City Manager or his or her designee must be attached to the request prior to review of the application. The applicable minimum standards, referenced herein, and applicable fire, safety, health, and building regulations and codes shall serve as a guideline in the decision whether to issue the permit.
(C) Fee. The administrative and inspection fee, as set by the City Council, must be tendered with the complete application. Should a site not pass inspection, it will receive a second inspection upon notification by the applicant that all discrepancies had been resolved. Any further inspection will require an additional tender of the fee per inspection. The fee is not refunded if the premises fails the inspection or application is withdrawn.
(D) Permitted uses. The following uses are permitted upon issuance of a temporary use permit in the associated zoning district and pursuant to the applicable regulations.
(1) Long term seasonal sales. The sale, barter, lease, or rental conditionally or otherwise in any manner or by any means whatsoever of tangible property for a consideration, and such transactions taking place on a temporary basis outside of a dedicated structure that does not meet the definition of a GARAGE SALE in § 111.01 of the code of ordinances of the City of Harker Heights, pursuant to the following conditions:
(a) Hours of operation in residential areas will be limited to 8:00 a.m. to dusk or 8:00 a.m. to 10:00 p.m. hours of operation for commercial areas;
(b) On-site parking will be required for all events at one parking space for 800 square feet of outside event area. This parking will be in addition to any required parking for any existing use per § 155.066;
(c) Restroom facilities are provided or an explanation as to why they are not required with staff approval;
(d) The duration of the sale will not exceed 60 days; and
(e) A permit for a seasonal sale has not been issued on the site in the last 90 days.
(2) Short term seasonal sales. The sale, barter, lease, or rental conditionally or otherwise in any manner or by any means whatsoever of tangible property for a consideration, and such transactions taking place on a temporary basis outside of a dedicated structure that does not meet the definition of a GARAGE SALE in § 111.01 of the code of ordinances of the City of Harker Heights, pursuant to the following conditions:
(a) Hours of operation in residential areas will be limited to 8:00 a.m. to dusk or 8:00 a.m. to 10:00 p.m. hours of operation for commercial areas;
(b) On-site parking will be required for all events at one parking space for every 800 square feet of outside event area. This parking will be in addition to any required parking for any existing use per § 155.066 unless the use is not currently open;
(c) Restroom facilities are provided or an explanation as to why they are not required with staff approval;
(d) The duration of the sale will not exceed three days; and
(e) A permit for a seasonal sale has not been issued on the site in the last 30 days.
(3) Construction trailers. Mobile structures used to accommodate temporary offices, dining facilities and storage of building materials pursuant to the following conditions:
(a) Hours of operation would be limited to 7:00 a.m. to 10:00 p.m. unless a noise permit pursuant to § 95.08 is issued;
(b) On-site parking will be required at one parking space for every 200 square feet of gross floor area of any office space;
(c) Restroom facilities are provided or an explanation as to why they are not required with staff approval; and
(d) The trailer will be removed ten days after issuance of the final certificate of occupancy for the development or expiration of the building permit.
(4) Temporary storage containers. Mobile structures or containers used to store and transport household and commercial goods or waste stored on a property for more then seven days pursuant to the following conditions:
(a) The container is stored wholly on the applicant’s property;
(b) The container shall not occupy the required parking spaces per § 155.066;
(c) The container does not block the sight triangle of corner streets or adjacent properties;
(d) The container shall be kept on the property a maximum of 60 days;
(e) One thirty-day extension to the maximum allowable time with sufficient evidence of need;
(f) There has not been an active permit for a temporary storage container for the subject tract in the previous 90 days; and
(g) Temporary storage containers lawfully placed prior to September 28, 2010 on a property may remain providing that they be painted in a complementary color to their surroundings, there is no visible rust or damage on the containers and that they remain secure at all times.
(E) Revocation. The City Manager may revoke the temporary use permit if the person holding the certificate refuses or fails to comply with requirements of:
(1) This chapter;
(2) Fire codes and regulations;
(3) Health and safety codes and regulations;
(4) Building codes and regulations; or
(5) Any law governing, or any standard pertaining to the operation of temporary use.
(F) Appeal provision. If the City Manager denies the issuance of a temporary use permit or revokes a temporary use permit issued hereunder, the City Manager shall, within three business days after the action, send to the applicant or holder of the temporary use permit a certified letter (return receipt requested) giving notice of the denial or revocation, stating the reasons therefor and the right to appeal. Further, the City Manager or his or her designee shall post a complete and legible copy of the notice on a conspicuous place on the site of the temporary use and shall document the time, date, and location of this posting. The applicant or holder of the temporary use permit may appeal the denial or revocation of a temporary use permit to the City Council subject to the following:
(1) The appeal must be in writing and filed with the City Manager’s Office within ten business days after the posting of the written notice of denial, or revocation;
(2) The appeal must clearly set out the basis of such appeal;
(3) A hearing shall be scheduled a next regular City Council meeting as soon as practicable;
(4) The City Council shall formally act upon the appeal at the meeting. During the hearing, the Mayor or other presiding officer may receive any information which he or she deems to be relevant and material, but at a minimum shall hear the appealing party and the City Manager. If the decision of the City Manager is overturned, the temporary use permit shall be issued.
(Ord. 2010-27, passed 9-28-10)