The temporary use permit is a mechanism to allow a use on a short-term basis and certain seasonal or transient uses not otherwise allowed. Prior to conducting or establishing a temporary use or structure, approval of a temporary use permit is required pursuant to chapter 233 of this title.
All temporary uses listed in this section require a temporary use permit. The Director shall not approve an application for a temporary use permit unless the following criteria, specific regulations and time limitations are met in addition to the standards for any particular temporary use specified below.
The allowance of temporary uses shall not be detrimental to the public health, safety and general welfare, and the use shall be consistent with the purpose and intent of this title and the specific zoning district in which it will be located. The use shall be compatible in intensity, character and appearance with existing land uses in the immediate vicinity of the temporary use. The neighborhood and street network surrounding the temporary use shall not be adversely affected by the use or activities associated with it. In addition to those listed herein, factors such as location, noise, odor, light, dust control and hours of operation shall be considered.
Temporary Use | Section Reference |
Temporary Use | Section Reference |
Food trucks/food carts | |
Mobile personal storage unit, renovation | |
Mobile personal storage unit, vacant or occupied premises | |
Outdoor concerts, special events or festivals | |
Similar uses not specified | 15.335.04D10 |
Real estate development and construction related | |
Contractor office, construction equipment storage | |
Real estate office in a construction trailer or temporary modular unit, commercial or mixed use projects | |
Real estate office in model home | |
Real estate sales office in a construction trailer or temporary modular unit, residential projects | |
Temporary dwelling for large construction projects | |
Temporary residence in recreational vehicle during construction of new home on same site | |
Temporary residence post-disaster in recreational vehicle/manufactured home during construction of new home on same site | |
Temporary retail sales related | |
Promotional activities involving the display of goods or merchandise | |
Temporary signs | |
Temporary construction sign | |
For profit temporary sign | |
Temporary agricultural sign (seasonal sales on site) | |
Temporary use standards (general) | |
Other temporary uses | |
Amusement enterprise | |
Auction, estate or asset liquidation | |
Auction, livestock | |
Events, tent or other temporary structure | |
FEMA trailers, natural disaster or significant weather event | |
A. Temporary Use Standards (General):
1. The use shall not take place on publicly or privately owned property unless the applicant first obtains written approval from the owner. The original signed letter shall be provided as part of the temporary use permit application and review process.
2. The location of the temporary use shall be such that adverse impacts on surrounding properties will be minimal, particularly regarding any type of traffic generated impact upon traffic circulation in the area.
3. Adequate off-street parking shall be provided to serve a temporary use. Temporary uses shall not displace the required off-street parking spaces or loading areas of the principal permitted use(s) on the site. Sales and display areas shall be designed to prevent traffic hazards and nuisances to normal traffic patterns and internal circulation for the site.
4. Structures and display areas shall comply with primary setback requirements for the zoning district. The items shall be displayed so as to not interfere with the sight triangle of the intersection of the curb line of any two (2) streets or a driveway and a street. Display of items or conducting business in a public right-of-way, emergency access lane or fire lane is not permitted.
5. Unless specifically stated, only one temporary use permit shall be issued for a parcel at any given time.
6. Unless specifically stated, the period of time between temporary use permits on a parcel shall be three (3) months (expiration date and new issue date). This restriction shall not apply to real estate development and construction related temporary uses.
7. Recreational vehicles shall not be permitted as a temporary use or be permitted as part of a temporary use.
B. Temporary Retail Sales Related:
1. Promotional activities involving the display of goods or merchandise:
a. Such activities may be conducted at a business for a period of not more than fifteen (15) consecutive days.
b. Merchandise and display area shall not interfere with emergency ingress/egress, sight triangles or required parking.
c. If a private sidewalk or pedestrian way in front of the building is used for display of merchandise, a minimum width of four feet (4') must remain unobstructed for pedestrian use.
d. A temporary use permit for promotional activities may be renewed four (4) times during any calendar year, for a maximum of sixty (60) days per calendar year.
C. Real Estate Development And Construction Related:
1. Contractor Office, Construction Equipment Storage:
a. Accessory to an active construction project, permitted in any zoning district. Placement of such temporary use is limited to a period of time determined by an estimated project completion date. The permit may be extended for up to one year if approved by the Director.
b. A construction trailer or modular unit may be used as a contractor's office or for the storage of equipment or materials. In the event that multiple builders are involved in a new construction project, one construction trailer or temporary modular unit may be permitted per builder for office or for storage.
c. All temporary buildings and trailers shall be completely removed from the site within thirty (30) days of the final Certificate of Occupancy being issued for the project.
2. Real Estate Sales Office In A Construction Trailer Or Temporary Modular Unit, Residential Projects:
a. Temporary structures, construction trailers or temporary modular units may be used as real estate sales offices in any active residential construction project for the sale of units within that project only.
b. In the event that multiple builders are involved in a new construction project, one construction trailer or temporary modular unit may be permitted as a sales office per builder.
c. Each individual trailer or modular unit shall be located on an individual lot. In no case shall multiple permits be issued for the same Assessor's parcel number (APN).
d. The permit shall be valid until the project is complete. All temporary structures shall be removed within thirty (30) days of final sale.
3. Real Estate Office In Model Home:
a. Accessory to construction of a new residential development. Model homes must be located on individual parcels. Limited to a period of time to coincide with the sale of all lots within the approved development.
b. The permit shall be valid until the project is complete. All temporary structures shall be removed within thirty (30) days of final sale.
4. Real Estate Office In A Construction Trailer Or Temporary Modular Unit, Commercial Or Mixed Use Projects: Temporary structures, such as construction trailers or temporary modular units, may be used as real estate sales offices in any active commercial or mixed use construction project for the sale or leasing of units within that project only. In the event that multiple builders are involved in a new construction project, one construction trailer or temporary modular unit may be permitted as a sales or leasing office per builder. All temporary structures shall be removed within thirty (30) days after final sale.
5. Temporary Dwelling For Large Construction Projects: During the active construction period (after a site improvement permit, grading permit and/or building permit has been issued) for projects involving a non-residential use or a residential development for more than five (5) units at any one time, one single section manufactured home may be allowed on the same property to be used as a temporary residence by a night watchman for a period not to exceed twelve (12) months or the active construction period, whichever is less. The temporary unit shall be removed from the site within fourteen (14) days of issuance of the Certificate of Occupancy for a non-residential structure or the occupancy of the first residential unit if within a residential development.
6. Temporary Residence In A Recreational Vehicle During Construction Of New Home On Same Site: In the event that a new single-family residential dwelling is being constructed on a parcel in the AG, NIA, RL, RR-20, RR-10, RR-5, RR-2, RR-1, SR-2, or SR-1 Zoning Districts, the director may permit as part of the formal building permit application the temporary use of a single recreational vehicle as a temporary residence on the parcel while construction of the new single family residential dwelling proceeds. The temporary use of a recreational vehicle may remain for the duration of the building process for the new single family residential dwelling subject to the following conditions:
a. The permittee owns the property on which the recreational vehicle is to be placed;
b. The permittee has applied for and been issued a permit to build a single family residential dwelling for their own use on the property on which the recreational vehicle is to be placed;
c. The director or their designee shall clearly note as part of the approval of the single family residential dwelling building permit the temporary use of a recreational vehicle during construction of the single family residential dwelling.
d. The property on which the permittee proposes to place the recreational vehicle has been improved with both water and sewer/septic system facilities or has made arrangements such that water and sewage disposal are provided for to the approval of the director;
e. A copy of the approved building permit and approval of the temporary use of the recreational vehicle shall be clearly posted where visible to the building inspectors and other County officials;
f. No external additions such as skirting, porches, etc., or modifications that render the recreational vehicle immobile are permitted;
g. Approval for the temporary use of the recreational vehicle is valid for one (1) year; however the temporary use of the recreational vehicle may be renewed only once for a period not to exceed six (6) months;
h. During the period of use of the recreational vehicle on-site, construction on the single family dwelling must be on-going with progress towards completion evident; and
i. The permittee shall allow the county to remove, or have removed, the recreational vehicle if any of these conditions are not complied with.
The recreational vehicle shall be disconnected from water and sewage disposal systems and stored on-site or removed within thirty (30) days of the date of the Certificate of Occupancy. In no case shall the new single family residential dwelling and the recreational vehicle be occupied at the same time.
7. Temporary Residence Post-Disaster In Recreational Vehicle/Manufactured Home During Construction Of New Home On Same Site: In the event of a catastrophic natural (wildfire, earthquake, flood, etc.) or man- made (fire, collapse, explosive, environmental, etc.) disaster that destroys more than fifty percent (50%) of a permanent single family dwelling, the property owner may utilize a single recreational vehicle or a manufactured home to reside on-site while reconstructing a permanent single family dwelling on the property subject to approval of a temporary use permit. The time limit for the temporary use permit may be extended for consecutive six-month periods not to exceed a total timeframe of three (3) years maximum subject to the following requirements and submittal of documentation demonstrating progress towards completion to the satisfaction of the Director:
a. The permittee owns the property on which the recreational vehicle/manufactured home is to be placed;
b. The permittee has applied and been issued a permit to build a single-family dwelling for his own use on the property on which the recreational vehicle/manufactured home is to be placed;
c. The land on which permittee wishes to place the recreational vehicle/manufactured home has been improved with both water and sewer/septic facilities or has arrangements such that water and sewage disposal are provided for to the approval of the Director;
d. During the period that the permit is in effect, construction on the permanent single family dwelling must be ongoing;
e. The permittee must disconnect the recreational vehicle/manufactured home from all utilities, and discontinue using the recreational vehicle/manufactured home for residence purposes, when the permit expires or when the dwelling is complete, whichever comes first;
f. The permittee shall remove or allow the County to remove the recreational vehicle/manufactured home if any of the above conditions are not complied with.
D. Other Temporary Uses:
1. Amusement Enterprise: Carnivals, circuses, fairs, festivals and amusement rides may be allowed in any Non-Residential Zoning District for a period not to exceed thirty (30) days, up to four (4) times per calendar year. This classification excludes events conducted in a permanent entertainment facility. The event planner shall provide written information as to the provision of drinking water, sewage disposal and sanitation (hand-washing stations, food services, garbage and refuse disposal, etc.) in compliance with State health requirements and regulations.
2. Auction, Estate Or Asset Liquidation: Estate or asset liquidation auctions are permitted in any zoning district for a period not to exceed three (3) days. Patron parking shall be located so as to not interfere with neighborhood traffic and so that emergency access is maintained for the street right-of-way and to the auction site. The event planner shall provide written information as to the provision of drinking water, sewage disposal and sanitation (hand-washing stations, food services, garbage and refuse disposal, etc.) in compliance with State health requirements and regulations.
3. Auction, Livestock: Livestock auctions are permitted in the AG, NIA, RL, RR-20, and RR-10 Zoning Districts at existing agriculture sites for a period not to exceed three (3) days. Patron parking shall be located so as to not interfere with traffic and so that emergency access is maintained for the street right-of-way and to the auction site. If used, temporary holding pens shall be located a minimum of one hundred fifty feet (150') from any adjacent residentially used or zoned property. The event planner shall provide written information as to the provision of drinking water, sewage disposal and sanitation (hand-washing stations, food services, garbage and refuse disposal, etc.) in compliance with State health requirements and regulations.
4. Events, Tent Or Other Temporary Structure: Events in a tent or other temporary structure may be allowed in any Non-Residential Zoning District for a period not to exceed sixty (60) days. The tent or temporary structure shall be removed within forty eight (48) hours of the end of the event.
5. FEMA Trailers, Natural Disaster Or Significant Weather Event: FEMA trailers may be used as temporary housing in any Residential Zoning District following a natural disaster or significant weather event. Should a non-conforming residential use exist at the time of a natural disaster or significant weather event in a district other than Residential, a FEMA trailer may be used as temporary housing in that zoning district. FEMA trailers shall be removed within ninety (90) days of completion of new construction.
6. Food Trucks/Food Carts: Food trucks/food carts are permitted on an on-going basis subject to a temporary use permit subject to the following:
a. Food truck/food carts must have a valid Lyon County business license, State Health Department permit and any required inspections for operation.
b. All licenses and permit must be prominently displayed.
c. Temporary permits for food trucks may be issued annually and may include multiple locations.
d. Food trucks/food carts must be attended at all times.
e. Transaction of business shall only occur on private property with the written permission of the subject property owner.
f. Hours of operation are limited to six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. Extended hours may be requested so long as reasonable justification (such as a special event) is provided. Approval of the extension of hours of operation shall be to the determination of the Director.
g. Food trucks/food carts shall not be located closer than three hundred feet (300') of a brick-and-mortar restaurant establishment selling taxable food, as defined in Nevada Revised Statutes 372.284 as may be amended, during the establishment's hours of operation (as measured from the closest point of the building containing the food establishment to the food truck/food cart).
h. Food trucks/food carts shall designate a legally permitted clean-out location to be used by the food truck/food cart vendor prior to the issuance of a business license/temporary use permit. Clean out of the food truck/food cart shall only occur at the designated legally permitted clean out location.
i. Food trucks/food carts shall not interfere with the circulation or parking of vehicles in the required parking area of any site.
j. Food trucks/food carts shall not interfere with the safe and convenient passage of pedestrians.
k. Food trucks/food carts shall provide a venue free from excessive noise. Food trucks/food carts shall not broadcast any music during set up and operating on-site.
l. The use of flood lights, strobe lights or other similar devices used to attract attention to the food truck/food cart is prohibited. Lighting shall be limited to only the level necessary to conduct business and transactions in association with the food truck or cart.
m. All signs must be attached to the food truck or cart.
n. Food trucks/food carts shall keep the set-up sites clean and free of trash, debris, garbage and other refuse.
o. Food trucks/food carts shall provide appropriate trash receptacles for their customers' use. The receptacles shall move from place to place with the vendor and shall be emptied at an appropriate location, as necessary.
p. Food trucks/food carts shall comply with the requirements of Nevada Revised Statutes 446.017 - 446.945, inclusive and NAC 446.732 - 446.759, inclusive.
7. Mobile Personal Storage Unit, Vacant Or Occupied Premises: One personal mobile storage unit permitted per parcel in any zoning district. The unit may be stored on site for up to thirty (30) days to allow the current owner or tenant to vacate the premises or to allow a new owner or tenant to occupy the premises. In no case shall this type of unit be permitted or used for permanent storage on a site.
8. Mobile Personal Storage Unit, Renovation: One personal mobile storage unit permitted per parcel in any zoning district. The unit may be stored on site for up to ninety (90) days to allow for temporary storage during renovation or remodeling projects. In no case shall this type of unit be permitted or used for permanent storage or use of any inhabitance on a site.
9. Outdoor Concerts, Special Events Or Festivals:
a. Outdoor concerts, special events or festivals are required to secure an outdoor festival license pursuant to title 5, chapter 7 of this Code.
b. Outdoor concerts, special events and festivals shall be limited to maximum of one thousand (1,000) attendees at one time. Expected attendance beyond that level at one time shall require a conditional use permit per chapter 230 of this title.
c. Parking plans shall be submitted to the department with an application for temporary use permit. No more than fifty percent (50%) of the necessary parking shall be provided on-street. Use of off-street parking not on the event site shall be verified as allowed via a lease or signed letter/agreement from the property owner identifying that the parking for the event shall be allowed and is acceptable.
d. Hours of operation shall be clearly identified, noting the time that workers will be arriving for set-up, when the general public shall be allowed to enter the concert or event, when the event will end and the amount of time needed to deconstruct or clean up the venue. When a concert is planned within one-half (1/2) mile of Residentially zoned property, the concert shall end by ten o'clock (10:00) P.M. Later hours of operation may be requested through the review and approval of a conditional use permit, per chapter 230 of this title.
e. The event planner shall provide written information in regard to the proposed methods of provision of drinking water, sewage disposal and sanitation (hand-washing stations, food services, garbage and refuse disposal, etc.) in compliance with State health requirements and regulations.
f. Special events and activities conducted on public property, such as school sites and public parks, may be exempt from the provisions of this chapter but must comply with any guidelines, regulations and permitting processes required by the authorizing agency.
g. The event planner shall provide written correspondence of notification of the date, time and that coordination with the Lyon County Sheriff's Office and/or Nevada Highway Patrol has commenced in the planning of the concert/event. Additionally, the event planner shall provide a traffic control plan approved by the Sheriff's Office, Nevada Department of Transportation and Nevada Highway Patrol and a parking plan shall be provided sufficient to meet the demand from attendees.
h. The outdoor concerts, special events or festivals at which one thousand (1,000) or more persons are projected to be in attendance at the same time shall meet the requirements and conform to the State laws contained in Nevada Revised Statutes 450B.
i. If the event or venue is already covered by a special use permit, any requirements for the event or venue contained in this section shall defer to the conditions of approval of the approved, valid special use permit.
10. Similar Uses Not Specified: If a particular temporary use is not listed in this chapter, the Director shall have the authority to grant a temporary use permit for a "similar use". Similar uses not specified are those uses which are similar to those allowed as temporary uses in this section. Determination of what constitutes similar shall be made by the Director. The applicant shall provide the following information for consideration: type of use, number of employees, parking/circulation, hours of operation, general site description, and duration of operation. If the Director determines that the use is not similar, the applicant may appeal the decision to the commission in accordance with chapter 4 of this title. (Ord. 603, 11-1-2018; amd. Ord. 607, 9-19-2019)