(A) Purpose and applicability. The purpose of this section is to allow for the establishment of interim or temporary uses when such activities are desirable for the community or are temporarily required in the process of establishing a permitted use. Temporary uses allowed under this section shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted so as not to cause any detrimental effects on surrounding properties and the community, and shall not violate any other ordinance or regulation of the city.
(B) Types of temporary uses. The Director may grant a (TUP) in accordance with the standards and/or conditions specified in § 152.047.
(C) Temporary use permit (TUP) application process.
TEMPORARY USE PERMIT (TUP) (See § 152.086 above for details) | |||
Review and Approval Authority | |||
Review and Approval Authority | Director | RVW | Note: RVW = Review REC = Recommend DEC = Decide |
Board of Adjustment | |||
P & Z Commission | REC | ||
City Council | DEC | ||
Required Notifications and Citizen Review Process | |||
Required notifications and citizen review process | Published | Note: No notifications or citizen review is required. | |
Mailed | |||
Posted | |||
Neighborhood meeting | |||
Temporary Use Permit (TUP) Approval Process | |||
Pre-application conference | Required - Yes/No | No | Note: A complete application for a TUP shall be submitted to the Director as required by § 152.086(B). At a minimum, the application shall include: 1. Standard Application Form; 2. Application Fee as approved by City Council; 3. State Tax License Number; 4. Business Registration from the City Clerk's Office; 5. Proof of Liability Insurance for $1,000.000 for city properties; 6. Notarized property owner authorization (if applicable); 7. Aerial map of the site; 8. Written Scope of Work describing temporary use; 9. A site plan showing the location and footprint of proposed uses and structures, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and all other city codes; and 10. The application shall contain sufficient information to demonstrate compliance with temporary use conditions in accordance with § 152.047(C) and (D) and all required information stated elsewhere in this code or any other city code. 11. All applications for TUPs shall be filed at least four weeks prior to the date the temporary use will commence, or at least six weeks prior to the date the temporary use will commence if public safety support is requested from the city. The Director may waive this filing deadline requirement in an individual case for good cause shown. |
Application review and staff report required | Required - Yes/No No staff report required | No | Note: Upon receipt of a complete TUP application, the Director shall review the proposed TUP application and distribute the application to other reviewers as he or she deems necessary. Based on the results of those reviews, the Director shall lake final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria. |
Notification of two public hearings | Required - Yes/No | No | Note: No notifications, publications or notices are required. |
P&Z Commission review and recommendation | Required - Yes/No | No | Note: Not required. |
City Council review and action | Required - Yes/No | No | Note: Not required. |
Written notification to applicant | Required - Yes/No Written notification not required | No | Note: The decision to approve, approve with conditions, or deny shall be communicated to the applicant upon approval of the TUP. |
Issues for consideration | Required - Yes/No | Yes | Note: Required findings. The Director may approve a TUP as submitted or modified only upon making the following findings: 1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this code. |
Appeals Process | |||
Appeals | Refer to § 152.086(K). | Note: Decisions of the Director may be appealed to the Board of Adjustment pursuant to the procedures set forth in § 152.086(K). | |
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)