9-4C-3: GENERAL DEVELOPMENT STANDARDS FOR TEMPORARY USES:

Standards for height, off street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The planning director may waive requirements for long term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots. (Ord. 2016-04, 4-19-2016)

9-4C-4: STANDARDS FOR SPECIFIC TEMPORARY USES:

The following standards shall apply to the specific temporary uses described below:

   A.   Construction Yard/Storage Shed And Temporary Construction Office: Any temporary use permit for a construction yard, storage shed, or temporary construction office shall expire upon completion of the construction project, or the expiration of the accompanying building permit or improvement permit authorizing construction, whichever occurs first.

   B.   Entertainment And Assembly Events: Entertainment and assembly events when not part of or consistent with a permitted use shall not be permitted for periods of longer than seven (7) consecutive days.

   C.   Extension Of Nonconforming Period: As provided in subsection 9-2C-6C, "Extension Of Nonconforming Period", of this title, the twelve (12) month nonconforming period for nonconforming uses provided in chapter 2, article C, "Nonconforming Uses, Structures, And Properties", of this title, may be extended upon issuance of a temporary use permit. All approved extensions shall comply with the following standards:

      1.   Public Improvements: The city may, as part of the approval of the extension of the nonconforming use period, require the completion of improvements to the adjacent public right of way consistent with the requirements of this title.

      2.   Time Period: The designated approving authority shall establish a maximum time period for the extension of the legal nonconforming use status. In no event shall the extension be longer than twenty four (24) months.

   D.   Farmers' Market: Farmers' markets shall not be held for more than two (2) consecutive days per week at the same location.

   E.   Garage/Yard Sale: Garage sales, yard sales, and similar activities shall not occur more than two (2) times per year, with no sale exceeding three (3) consecutive days.

   F.   Interim Agricultural Use: Interim agricultural uses, as defined in this chapter and of a commercial operation (e.g., using mechanized commercial equipment) shall only be allowed on vacant property a minimum of one thousand feet (1,000') from an existing residential use. No buildings or structures, other than wells, structures for conservation and drainage protection, and unpaved roads shall be permitted. Operation may include the use of commercial agricultural equipment. Access to the use shall be reviewed and approved by the public works director prior to issuance of the temporary use permit.

   G.   Seasonal Sale: Seasonal sales shall only be allowed on nonresidential property. The maximum period for seasonal sales shall be forty five (45) days per sale. No more than two (2) such activities shall be allowed for a property within a twelve (12) month period.

   H.   Swap Meet: Swap meets, flea markets, rummage sales, and similar activities shall only be allowed on nonresidential property or on vacant residentially zoned property that is a minimum of one thousand feet (1,000') from an existing residential use. The maximum period shall be for two (2) consecutive days per activity. No more than four (4) such activities shall be allowed for a property within a twelve (12) month period.

   I.   Temporary Sales Office: Temporary sales offices shall be solely for the sale of homes in the project within which they are located and may be kept until the project is sold out. (Ord. 2016-04, 4-19-2016)

9-4C-5: TEMPORARY IMPROVEMENTS TO PROPERTY:

   A.   Temporary Improvements Allowed: The city may, on a case by case basis, allow for the improvement to property at a level less than what is required by this title to support operations of the property on a limited term basis yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property as required by the subdivision map act and title 8, chapter 7, "Land Division", of the municipal code.

   B.   Permit Process And Requirements: Such approval shall be conducted through the temporary use permit process and the permit shall clearly identify what improvements are to be completed and what requirements are being set aside for a limited period of time, as well as the time period for which the permit is valid. The city shall only approve the permit if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare.

   C.   Requirements At Conclusion Of Temporary Period: At the conclusion of the period authorized by the permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease. (Ord. 2016-04, 4-19-2016)

ARTICLE D. SPECIAL USE STANDARDS

SECTION:

9-4D-1: Purpose

9-4D-2: Alcoholic Beverage Sales

9-4D-3: Community Garden

9-4D-4: Drive-In And Drive-Through Facilities

9-4D-5: Home Occupations

9-4D-6: Fueling Stations

9-4D-7: Large Family Daycare Homes

9-4D-8: Live-Work Facilities

9-4D-9: Massage Therapy

9-4D-10: Mobilehome Parks

9-4D-11: Recreational Vehicle Parks

9-4D-12: Accessory Dwelling Units And Junior Accessory Dwelling Units

9-4D-13: Semipermanent Mobile Food Vendors

9-4D-14: Sexually Oriented Businesses

9-4D-15: Wireless Telecommunication Facilities

9-4D-16: Thrift Stores

9-4D-17: Outdoor Display, Sales, And Storage

9-4D-18: Residential Accessory Structures

9-4D-19: Manufactured Homes

9-4D-20: Shopping Carts

9-4D-21: Tattoo Parlors

9-4D-22: Personal Storage Facilities

9-4D-1: PURPOSE:

   A.   The purpose of this article is to establish site planning, development, and/or operating standards for certain land uses. It is the City's intent in establishing these standards to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special design requirements, regulating activities within the use, and establishing special setback and other development standards.

   B.   The regulations and standards contained within this article shall apply only to those uses specifically listed in the corresponding section and shall be in addition to any other development standards and regulations contained elsewhere within this title (e.g., lighting, landscaping, parking, signage). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with, the permit requirements of article B, "Allowed Uses And Required Entitlements", of this chapter. Where the special standards in this article conflict with the standards of the underlying base zoning district, the special standards in this article shall prevail. (Ord. 2013-05, 2-6-2014)

9-4D-2: ALCOHOLIC BEVERAGE SALES:

   A.   Purpose And Applicability: The purpose of these regulations is to regulate the location of commercial retail sales of alcoholic beverages for specific types of on site and off site consumption through the application of development standards to minimize the potential public health and safety effects on the community. These standards shall apply to the sale of alcoholic beverages for on site consumption when not associated with eating places (e.g., restaurants) and for off site consumption.

   B.   Allowed Use Regulations: The sale of alcoholic beverages for both on site and off site consumption shall only be permitted in compliance with the allowed use and permit requirements listed in article B, "Allowed Uses And Required Entitlements", of this chapter.

   C.   Special Application Materials: In addition to completing a permit application for a conditional use permit as required by this title, an application for a use permit for on site and off site sales of alcoholic beverage as regulated by this section shall also include the following information:

      1.   The distance to the nearest park;

      2.   The distance to the nearest school;

      3.   The distance to the nearest church; and

      4.   A listing of all existing sales of alcoholic beverages within one (1) mile of the proposed location.

   D.   Development Standards: Unless otherwise allowed through subsection E of this section, all sales of alcoholic beverages for on site or off site consumption as regulated by this section shall comply with the following development standards:

      1.   No establishment shall be within five hundred feet (500') of a church, school, or park;

      2.   There shall be no more than one establishment within any single shopping center;

      3.   No more than two (2) off site sales establishments shall be located within five hundred feet (500') of a major roadway intersection.

   E.   Deviations From Development Standards: Establishments selling alcoholic beverages for on site or off site consumption as regulated by this section may be allowed to deviate from the development standards listed in subsection D, "Development Standards", of this section if the approving authority makes all of the following findings:

      1.   The location of the use will not result in adverse impacts on park facilities, school facilities, existing religious land uses, and/or existing residential land uses.

      2.   The traffic increases associated with the use will not result in potential hazards to existing pedestrian and/or vehicular traffic.

      3.   The development conforms to all applicable provisions of this Zoning Code. (Ord. 2013-05, 2-6-2014)

9-4D-3: COMMUNITY GARDEN:

   A.   Purpose: The purpose of these regulations is to ensure that community gardens are operated and maintained in a manner compatible with surrounding (primarily residential) development. (Ord. 2013-05, 2-6-2014)

   B.   Development Standards: Community gardens shall comply with all of the following development standards:

      1.   Use: Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. Medicinal and commercial cannabis operations are prohibited in community gardens. (Ord. 2019-03, 7-2-2019)

      2.   Animal Keeping: The keeping of livestock and animals is prohibited.

      3.   Setbacks: Accessory buildings and structures shall comply with the accessory structure setback requirements listed in section 9-4D-18, "Residential Accessory Structures", of this article. Crop areas must be set back at least three feet (3') from all property lines.

      4.   Height: Garden and farm related buildings and structures may not exceed twenty feet (20') in height.

      5.   Fencing: Fencing shall be provided around the site consistent with the standards of section 9-5B-5, "Fences And Walls", of this title.

      6.   Use Of Chemicals: The use of commercial grade pesticides as part of a community garden is prohibited.

      7.   Harvest Sales: A maximum of four (4) harvest sales shall be allowed annually from the garden site. (Ord. 2013-05, 2-6-2014)