(A) Purpose - The purpose of this section is to provide for short-term activities which may be appropriate when regulated so as to avoid incompatibility between such activities and surrounding uses. The provisions of this article shall apply only to temporary uses within the coastal zone.
(`64 Code, Sec. 37-5.2.1)
(B) Permitted uses - A temporary use permit may be issued by the director for the following uses, pursuant to chapter 16 of the code:
(1) Real estates sales offices within approved development projects;
(2) Christmas tree sales lots; however, a permit shall not be required when such sales are in conjunction with an established commercial business holding a valid city business license and do not continue for 30 consecutive days;
(3) Temporary outdoor display/sales of merchandise in any commercial zone, provided such merchandise is customarily sold on the premises, and that such premises are utilized for a permanently established business;
(4) Sale of other seasonal products, such as pumpkins, flowers and fruit;
(5) Circuses and carnivals;
(6) Fairs, festivals, rodeos, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities;
(7) On- and off-site contractors' construction yards;
(8) Similar temporary uses which, in the opinion of the director, are compatible with the zone and surrounding land uses; and
(9) Youth, charitable or nonprofit organization projects.
(`64 Code, Sec. 37-5.2.2)
(C) Required permits - A temporary use permit approved by the director shall be required for all uses listed in this section, issued prior to the commencement of the use. Applications for such permits shall be obtained from and filed with the development services department pursuant to article V. A permit shall not be required for events which occur in theaters, meeting halls or other permanent public assembly facilities. Temporary uses may be subject to additional permits, other departmental approvals and licenses and inspections as required by any applicable laws or regulations.
(`64 Code, Sec. 37-5.2.3)
(D) The development services director may approve a temporary use permit application only after making all of the following findings:
(1) The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;
(2) The proposed site is adequate in size and shape to accommodate the temporary use;
(3) The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;
(4) Adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the director; and/or
(5) The use would not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
(`64 Code, Sec. 37-5.2.4)
(E) Conditions of approval - In approving an application for a temporary use permit, the director may impose such conditions as are deemed necessary to ensure that the use will conform to the findings required by subsection (D) above. These conditions may address any pertinent factors affecting the operation of the temporary use, including but not limited to:
(1) Provision of temporary parking facilities, including vehicular access and egress;
(2) Regulation of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;
(3) Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
(4) Provision of sanitary and medical facilities;
(5) Provision of solid waste collection and disposal;
(6) Provision of security and safety measures;
(7) Regulation of signs;
(8) Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;
(9) Submission of a performance bond or other security to ensure that any temporary facilities or structures used for the 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;
(10) Submission of a site plan indicating any information required by this chapter;
(11) A requirement for compliance with applicable provisions of other ordinances; and
(12) Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this chapter.
(`64 Code, Sec. 37-5.2.5)
(F) Revocation - The director may revoke a temporary use permit on finding that one or more of the following conditions exists:
(1) Circumstances have changed to such a degree that one or more of the findings contained in subsection (D) above can no longer be made;
(2) The temporary use permit was fraudulently obtained; and/or
(3) One or more conditions of the temporary use permit have not been complied with.
(`64 Code, Sec. 37-5.2.6)
(Ord. No. 2034, 2716)