The City Manager, or their designee(s), shall review the request and provide a recommendation to the Planning and Zoning Commission within ten (10) business days of receipt of a completed application for a TUP. The recommendation shall clearly state any conditions of approval or reasons for denial. Within ten (10) business days of the recommendation of the Planning and Zoning Commission, the findings of staff and the Planning and Zoning Commission shall be forwarded to City Council for review. The City Council, may approve, approve with conditions, or deny the request for a TUP.
(a) Findings. The City Manager, or their designee, shall recommend to approve, approve with conditions, or deny a TUP after making all of the findings below. If the City Manager, or their designee, does not make all of these findings, he or she shall recommend denial of the TUP.
(1) The establishment, maintenance, and operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
(2) The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
(3) Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of potential permanent uses otherwise allowed by this Zoning Code.
(b) Conditions. In approving a TUP, the City Council may impose conditions to ensure that the required findings can be made. Such conditions may include but shall not be limited to the following:
(1) Measures to minimize impacts on adjacent uses, such as buffers and screening, stormwater run-off best management practices, hours of operation, lighting requirements, and/or parking measures.
(2) Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
(3) Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished.
(4) Other conditions of approval deemed reasonable and necessary to ensure that the approval complies with the findings above.
(c) Requests for TUP time extension. Requests to extend the initial TUP approval timeframe shall utilize the same findings as established in Section 1132.07(a). Additionally, the reviewing body shall consider any code enforcement complaints when reviewing any requests for extending a TUP past the initial approval timeframe. (Ord. 13-2023. Passed 8-1-23.)