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A. Purpose: This section sets forth procedures for considering and approving a temporary use permit.
B. Authority: The zoning administrator is authorized to issue temporary use permits as provided in this section.
C. Initiation: Any person may apply for a temporary use permit as provided in subsection D1 of this section.
D. Procedure: An application for a temporary use permit shall be considered and processed as provided in this subsection.
1. A complete application shall be submitted to the zoning administrator in a form established by the administrator along with any fee established by the city's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any;
b. The name and address of the applicant and the name and address of every person or company the applicant represents;
c. The person chiefly responsible for the event or use and/or the sponsoring organization and its chief officer;
d. The requested temporary use;
e. The place, date, time of the event, and hours of operation of the proposed use;
f. 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 said number was derived, such as number of presold tickets, available seating and/or parking, and past experience with similar activities;
g. 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 scaled drawing of the area in which the event is to be held or the use conducted, showing the location of any existing structures and improvements on the site of the proposed temporary use, including, but not limited to, parking areas, curbs, gutter, sidewalks, and outside storage areas; and
(2) Sufficient evidence to demonstrate that the temporary use will meet the general and specific requirements of section 10-48-4 of this title; and
h. Other such items as reasonably requested by the zoning administrator to determine the feasibility of the temporary use.
2. After the application is determined to be complete, the zoning administrator shall solicit recommendations from the city fire chief, police chief, city/county health department, and city engineer. Thereafter the zoning administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the temporary use permit to approval standards.
3. After making a decision, the zoning administrator shall give the applicant written notice of the decision.
4. A record of all temporary use permits shall be maintained in the office of the zoning administrator.
E. Approval Standards: The following standards shall apply to the issuance of a temporary use permit.
1. A temporary use shall conform to:
a. The development standards set forth in section 10-48-4 of this title; and
b. Any recommendations received from the city fire chief, police chief, city/county health department, and city engineer.
2. No temporary use permit shall be issued unless the zoning administrator 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 any primary arterial street or principal commuter route designated by the City;
c. Will not conflict with construction or development in the 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 within which the temporary use is located; and
f. Is in compliance with regulations, conditions and licensing requirements of applicable provisions of this Code. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
F. Appeal Of Decision: Any person adversely affected by a decision of the Zoning Administrator regarding a temporary use permit may appeal to the Appeal Board in accordance with the provisions of section 10-7-19 of this chapter. (Ord. 2018-12, 10-18-2018)
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 Zoning Administrator.
H. Amendments: The procedure for amending a temporary use permit shall be the same as the original procedure set forth in this section.
I. Revocation: A temporary use permit may be revoked as provided in section 10-9-6 of this title.
J. Expiration: A temporary use permit shall expire as provided in subsection 10-48-4F of this title. Extensions of time shall be prohibited. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)