A. Purpose: This section sets forth the procedure for considering and approving a temporary use permit including seasonal and temporary sales uses.
B. Authority: The community development director may issue a temporary use permit as provided in this section.
C. Initiation: A person may apply for a temporary use permit as provided in this section. An agent of such person shall provide an affidavit of authorization.
D. Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection.
1. Submission of an application for a temporary use permit shall be as provided in chapter 13.03 of this title. The application shall also show:
a. The requested temporary use;
b. The place, date, and hours of operation of the proposed use;
c. A statement of the approximate number of persons, animals, and/or vehicles which will participate in the event or be generated by the temporary use, and an explanation of how the number was derived, such as the number of presold tickets, available seating and/or parking, and past experience with similar activities;
d. The following maps, plans, and documents evidencing sufficient measures to be taken to reasonably protect the health, safety, and welfare of patrons and the public in general:
(1) A scale drawing of the area in which the use is to be conducted, showing the location of existing structures and improvements on the site of the proposed temporary use, such as, parking areas, curbs and outside storage areas; and
(2) Sufficient evidence to demonstrate that the temporary use will meet the requirements of this section; and
(3) Written approval from the property owner to locate on the site;
(4) Other information as reasonably requested by the community development director to determine the feasibility of the temporary use.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall act upon the temporary use permit application based upon the standards set forth in subsection E of this section. To determine the compatibility of uses, the community development director may call a public hearing before the planning commission.
4. A record of each temporary use permit shall be maintained in the community development department.
E. Approval Standards: The following standards shall apply to the issuance of a temporary use permit:
1. A temporary use shall conform to all recommendations received from the technical review committee.
2. No temporary use permit shall be issued unless the community development director finds the proposed temporary use:
a. Will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working within the vicinity, or injurious to property, improvements, or the public in general;
b. Will not substantially interrupt the safe and orderly movement of public transportation or other vehicular and pedestrian traffic in the area, nor block traffic lanes or hinder traffic during peak commuter hours on weekdays on a primary arterial street or principal commuter route designated by the city;
c. Will not conflict with construction or development in a public right of way or at public facilities;
d. Will not unduly interfere with the movement of police, fire, ambulance, or other emergency vehicles on the streets, nor require the diversion of so great a number of police, fire, or other essential public employees from their normal duties as to prevent reasonable police, fire, or other public services protection to the remainder of the city;
e. Will not conflict with nor be incompatible with the permitted uses and regulations of the zone where the temporary use will be located; and
3. In issuing a temporary use permit, the Community Development Director may determine:
a. The length of time the permit may remain valid;
b. The hours of operation of the use; and
c. Other regulations necessary for the public welfare.
F. Appeal: A person adversely affected by a decision of the Community Development Director regarding approval or denial of a temporary use permit may appeal the decision to the Planning Commission.
G. Effect Of Approval: Approval of a temporary use permit shall authorize an applicant to engage in the temporary use subject to conditions of approval as may be imposed by the Community Development Director.
H. Amendment: The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this section.
I. Expiration: A temporary use permit shall expire as provided in the permit. (Ord. 2012-15, 9-20-2012)