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DIVISION 15. TEMPORARY USES
A "temporary use" is one which occupies a parcel of land for a period of more than one hour within a 24-hour period, but less than the maximum time limits set forth herein; does not utilize any permanent structures except as otherwise permitted herein; and is not located on property owned or leased by the city for which the city has granted a written license agreement, allowing the use in question.
(`64 Code, Sec. 34-4.1) (Ord. No. 1836, 2637)
Temporary uses of a duration of less than three days which are held on city parks or public property and to be sponsored by bona fide charitable or nonprofit organizations, are exempt from the requirements contained in sections 16-476 through 16-483 of this chapter, provided such uses have prior approval of the city’s parks director.
(Ord. No. 1836)
(A) No uses listed in this section shall be conducted unless a temporary use permit authorizing such a use has been approved. No temporary use shall be permitted to occur within or on public street rights-of-way or public property, including sidewalks, parks and parking lots, unless a temporary use permit has been granted for such uses.
(B) The following temporary uses may be permitted subject to the granting of a temporary use permit in accordance with the provisions of this division:
(1) Residential zones, property for which a residential use has been approved, and C-O zone -
(a) Construction signs, as defined in article IX;
(b) Sales or rental offices which are part of a project containing five or more contiguous residential lots or units, are located on or immediately adjacent to the site of the project, and are in conformance with section 16-319;
(c) Subdivision model homes and related facilities;
(d) Subdivision signs, as defined in article IX;
(e) Temporary construction yards and offices used only in conjunction with development of uses permitted by the applicable zone, and located on or immediately adjacent to the site of the development; provided, however, that one adult caretaker may be present during nonconstruction hours;
(f) Youth, charitable or nonprofit organization projects;
(g) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses; and
(h) In commercial zones, a temporary office structure where a permanent office building has been severely damaged by fire or other catastrophe.
(2) C-1 zone -
(a) Those temporary uses listed in subsection (1) above;
(b) Christmas tree lots;
(c) Grand opening signs, as defined and regulated by article IX; and
(d) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.
(3) C-2, CBD and C-P-D zones -
(a) Those temporary uses listed in subsection (2) above;
(b) Auctions;
(c) Mechanical amusement rides, except in the CBD zone;
(d) Outdoor carnivals, circuses and rodeos, except in the CBD zone;
(e) Outdoor concerts;
(f) Outdoor itinerant shows;
(g) Outdoor religious revival meetings;
(h) Outdoor sales, when the sale occurs adjacent to the permanent retail facility in which the same type of goods are sold by the same seller; and
(i) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.
(4) C-M, M-L, M-1, M-2, M-P-D and BRP zones -
(a) Auctions;
(b) Construction signs as regulated in article IX;
(c) Grand opening signs, as referred to in article IX;
(d) Subdivision signs, as regulated in article IX;
(e) Temporary construction yards and offices used only in conjunction with development of uses permitted in the applicable zones and located on or immediately adjacent to the site of a development; provided, however, that one adult caretaker may be present during nonconstruction hours.
(f) Youth, charitable or nonprofit organization projects; and
(g) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.
(5) C-R zone -
(a) Subdivision signs, as regulated in article IX;
(b) Temporary construction yards and offices used only in conjunction with development permitted in this zone, and located on or immediately adjacent to, the site of said development; provided, however, that one adult caretaker may be present during nonconstruction hours;
(c) Youth, charitable or nonprofit organization projects; and
(d) Similar temporary uses, which the director has determined to be compatible with the zone and surrounding land uses.
(6) Outdoor sales of only vegetables, fruits and flowers on property located in the C-R zone or on a portion of property that is otherwise zoned, but that is engaged in agricultural production for the duration of the temporary use; provided, however, that such use shall be located at least 75 feet from any structure used for residential purposes, where such structure is under different ownership
(`64 Code, Sec. 34-4.2) (Ord. No. 1409, 1633, 1836)
(A) A temporary use permit shall be approved prior to the commencement of any temporary use. Application for a temporary use permit shall be made on an application form secured from the director. Such application shall require the information necessary for review of the application by appropriate city departments, including the name, address, telephone number and signature of both the applicant and property owner, and the project location.
(B) (1) The director shall direct the application to all concerned city departments or divisions for recommendations. The director shall review such recommendations and notify the applicant of approval, conditional approval, or disapproval.
(2) In reviewing an application for a temporary use permit, the director shall consider the potential effect of such a use on adjacent public and private property, traffic, and parking and shall also consider aesthetic impacts, setbacks, structural soundness, site orientation and arrangement, and hours of operation. The director may impose reasonable conditions necessary to mitigate potential adverse impacts.
(C) Temporary uses may be subject to additional permits, licenses or inspections as required by any applicable law, code or regulation. Application for temporary use permits for temporary uses in zones with planned development additives do not require a planned development permit.
(`64 Code, Sec. 34-4.3) (Ord. No. 1633, 1836)
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