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(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)
A nonrefundable fee in the amount set by city council resolution shall be paid upon the filing of an application for a temporary use permit. The nonrefundable fee may be waived at the written request of the applicant and upon the approval of the city manager for charitable, youth or nonprofit organization projects. Temporary uses may be subject to additional fees or taxes imposed pursuant to this code or other applicable regulations.
(`64 Code, Sec. 34-4.4) (Ord. No. 1633, 1836)
(A) The director in conjunction with other affected city departments shall determine the time limitations of temporary uses, which shall not exceed the following maximum time limits for the following uses:
(1) Three consecutive days: outdoor sales.
(2) Ten consecutive days:
(a) Auctions;
(b) Concerts;
(c) Outdoor religious revival meetings;
(d) Outdoor carnivals, circuses, rodeos and itinerant shows; and
(e) Mechanical amusement rides.
(3) Thirty consecutive days: grand opening signs (one time only).
(4) Forty-five consecutive days: Christmas tree lots.
(5) One hundred eighty consecutive days, with thirty day extension for climatic hardships:
(a) Vegetable, fruit or flower stands; and
(b) Youth, charitable or nonprofit organization projects.
(6) Until the construction has received final utility clearance:
(a) Construction signs; and
(b) Construction yard and office.
(B) No more than three outdoor sales shall occur on the same site or at the same facility during a calendar year.
(C) No new temporary use permit shall be issued within 30 days from the expiration date of a similar temporary use permit for the same property, or from removal of materials or structures associated with the use, whichever occurs later.
(`64 Code, Sec. 34-4.5) (Ord. No. 1633, 1836)
(A) All uses permitted by a temporary use permit shall be terminated on or before the expiration date stated upon the permit. All materials or products used in connection with or resulting from the temporary use shall be removed within five days after such expiration date. A bond, cash or other acceptable security in the amount of $250 to insure removal of all materials, personal property, and structures shall be filed with the director at the time of application for each of the following uses:
(1) Subdivision signs;
(2) Construction yards and offices;
(3) Sales or rental offices;
(4) Vegetable, fruit or flower stands; and
(5) Christmas tree lots.
(B) A bond, cash or other security shall also be required for any other temporary use which the director finds should be bonded to insure removal of all materials used in connection with or resulting from the use.
(C) Upon the removal of all materials associated with the approved temporary use, the applicant shall request an inspection by the enforcement division which shall make a recommendation to the director regarding the release or other disposition of the bond, cash or other security deposit.
(`64 Code, Sec. 34-4.6) (Ord. No. 1633, 1836)
If, in the opinion of the director and other affected city departments, a proposed temporary use will be detrimental to the public health, safety and welfare and the adverse impacts cannot be mitigated, the director shall deny the permit. The applicant may appeal the denial to the commission as provided in sections 16-530 through 16-553. Said appeal shall be final with the commission. Before an appeal is scheduled for hearing, the applicant shall pay a fee as provided by resolution of the city council.
(`64 Code, Sec. 34-4.7) (Ord. No. 1633, 1836)
Except as otherwise permitted by this division, sign area for auctions, Christmas tree lots and vegetable, fruit and flower stands shall be limited to one temporary unlighted attached sign not to exceed 20 square feet in area. When such temporary use is located in a C-R zone, an additional two directional signs, of no more than six square feet each, shall be permitted. These additional signs shall be constructed of wood. All signs shall pertain only to the goods sold on the premises upon which displayed. Such signs shall not be located closer than five feet to any property line or street right-of-way.
(`64 Code, Sec. 34-4.8) (Ord. No. 1836)
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