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A. Application Contents. Applications for temporary use permits shall contain the following information:
1. Completed planning application form and required fee and attachments (see also Section 16.48.030);
2. A plot plan showing sufficient detail based on the handout provided by the department; and
3. A letter of consent from the property owner.
B. Development Code Compliance. Upon acceptance of a temporary use permit application, the director shall review the request for compliance with this development code. The director shall render a written decision and clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions of this development code. The decision of the director shall be considered final, unless an appeal is filed in compliance with Chapter 16.78.
(Ord. 182 § 2 (part), 1997)
The director may approve a temporary use permit application in whole or in part, with or without conditions, only if all of the following findings of fact can be made in a positive manner:
A. The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
B. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
C. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate; and
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on-site or at alternate locations acceptable to the director.
(Ord. 182 § 2 (part), 1997)
In approving an application for a temporary use permit, the director may impose conditions that are deemed necessary to ensure that the permit will be conducted in compliance with the findings required by Section 16.70.050, above. These conditions may involve any factors affecting the operation of the temporary use or event and may include the following:
A. Nuisance Factors. Regulation of nuisance factors, including prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke, or vibration;
B. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;
C. Parking Facilities. Provision of temporary parking facilities, including vehicular ingress and egress;
D. Performance Bond. Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
E. Sanitary and Medical Facilities. Provision of sanitary and medical facilities, if deemed necessary by the director;
F. Security Measures. Provision of security and safety measures, if deemed necessary by the director;
G. Signs. Regulation of signs;
H. Site plan. Submission of a site plan indicating any information of the requested temporary use permit that is contingent upon compliance with applicable provisions of other local and state ordinances;
I. Structures. Regulation of temporary structures and facilities, including height, location of equipment, placement, size, and the provision of open spaces, including buffer areas and other yards;
J. Waste Collection. Provision of solid waste collection and disposal; and
K. Other. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner and in compliance with the purpose of this chapter.
(Ord. 182 § 2 (part), 1997)
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits and Extensions), shall apply following the approval of a temporary use permit:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved temporary use permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the temporary use permit.
If the use granted by the temporary use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved temporary use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved temporary use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved temporary use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a temporary use permit-holder, the director may issue an order suspending the temporary use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a temporary use permit to be held by the commission within thirty (30) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the temporary use permit, in compliance with Chapter 16.70, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 182 § 2 (part), 1997)