(A) General. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature to constitute a permanent use. These requirements are not intended to regulate temporary use on public property, including public rights-of-way.
(B) Permit required. No person shall operate a temporary use without first obtaining a permit from the County Planning Department or County Commission as prescribed in this section. The County Planning Department may determine that a hearing shall be held due to the scope of the proposed use; if such occurs the temporary use permit shall be referred to the County Commission for a public hearing.
(C) Applications.
(1) Submission deadline for all temporary use permit applications shall be made to the County Planning Department at least 45 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) All temporary use permit plans shall be subject to an approval and shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended for use, the time period for which the use is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(D) Fees. Upon the filing of any application for a temporary use permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. The fee may be waived, as deemed appropriate by the administrative official or County Commission, for a charitable or nonprofit organization or similar entity. Permittee may be required to pay a deposit, in an amount as deemed appropriate by the county, which shall serve as security ensuring compliance with the terms and conditions of this permit requiring that the property is cleaned up and returned to its pre-event condition. Permittee will be billed for the actual labor, materials, and other costs associated and/or incurred by the county to return the property to its pre-event condition in the event the county, at its sole discretion, deems it necessary to do so. Permittee and landowner (if different), upon approval of the permit, expressly grant to the county a right-of-entry to access the property for purposes of inspection and cleanup thereby returning the property to its pre-event condition and further agree that any costs and/or expenses incurred by the county in excess of the deposit may be taxed to the property as a lien. Such deposit, or part remaining thereof, will be refunded to permittee upon demonstration of compliance with the terms of this permit.
(E) Procedure.
(1) The Planning Department shall review the completed temporary use application for compliance with this title. Any application not containing and/or addressing all the information shall be rejected and returned to the applicant together with the reasons for rejection.
(2) The Planning and Zoning Department shall be vested with the authority to approve said temporary use, to approve, approve with conditions, or deny the temporary use within 30 days of receiving the application. If the action is to deny the temporary use, the reasons for such action shall be in written format and specific reference shall be made to the requirements not met. The decision of the Planning and Zoning Department may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.
(F) Considerations. The following standards shall be used in determining the suitability and compatibility of a temporary use:
(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare;
(2) The temporary use will not create hazardous traffic conditions or result in traffic excess of the capacity of the roads serving the use;
(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking;
(4) Adequate sanitation facilities will be available on-site;
(5) The time period and hours of operation for the temporary use are clearly specified;
(6) Provision is made for the removal, cleanup, and restoration of site;
(7) The temporary use will not adversely impact the natural environment;
(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property;
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code; and
(10) The applicant shall meet all insurance requirements, pay all applicable fees, and execute the release and hold harmless agreement.
(G) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must clearly be specified in writing on the temporary use permit.
(H) Exemptions. The following uses shall not require a temporary use permit:
(1) Estate or real estate sales involving the property or items from the property where the sale is held;
(2) Garage, yard, or rummage sales provided:
(a) Sales last no longer than three days;
(b) Sales are held no more than twice yearly; and
(c) Sales are conducted on the owner’s property or one of the owner’s property in case of a multi-party sale.
(3) Weddings, purely social parties, or similar events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for such use of the property or attendance is involved.
(Ord. 14-01, passed 6-6-2014, Ch. 10, Art. 7)