The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These requirements place restrictions on location and duration, and create standards to minimize potential impacts of the temporary use on surrounding property and ensure the general health, safety, and welfare of persons residing within the community. (Ord. 2010-02 § 1 (part), 2010)
A. Temporary Use Permit Required. Except as otherwise provided in the Zoning Code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Section 17.12.070 (Temporary Use Permit). Additionally, the designated approving authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.12.070 (Temporary Use Permit). This permit shall be subject to internal review by any/all departments necessary, as determined by the Community Development Director.
B. Option for Conditional Use Permit. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the conditional use permit shall be in accordance with the standards of Section 17.12.140 (Conditional Use Permits).
C. Exempt Temporary Uses. The following temporary uses are exempt from the entitlement requirements of this chapter, provided that they comply with the development standards listed herein.
1. Garage sales are permitted on any parcel where the garage sale operator resides.
2. Garage sales may not exceed four (4) sales per calendar year and two (2) consecutive days for each garage sale. (Ord. 2010-02 § 1 (part), 2010)
The following temporary uses may only be established after first obtaining a valid temporary use permit as described in Section 17.12.070 (Permit Requirements).
A. Construction yards and storage sheds, which are to be used for a period of more than three (3) months, for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Such activity shall be visually screened from the public right-of-way through fencing or other visual screening. The applicant shall provide and implement a security plan to the satisfaction of the city Police Chief. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.
B. Special one (1) day events such as grand openings, holiday flower sales, fruit and vegetable sales, and other special retail sales, as well as ground breaking ceremonies. The applicant shall provide and implement a site plan to the satisfaction of the city. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.
C. Expositions, concerts, clinics, amusement rides, and flea markets may be conducted for a period not to exceed ten (10) days within a calendar year (either consecutive or intermittent). The use must be located in a district other than residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district. Also, temporary uses of a similar nature when located within an entirely enclosed building are exempt from the permit requirement.
D. Carnivals, circuses, and fairs are governed by the regulations in Chapter 5.36 of the Municipal Code.
E. Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new business with a valid business license, such outdoor sales and displays of goods shall be limited to a maximum thirty (30)-day period within the first one hundred and eighty (180) days after that business is established. Existing businesses shall be limited to a maximum of three (3) periods totaling a maximum of thirty (30) days within a given year. Sales and displays may not occupy more than ten percent (10%) of the parking area for that business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space.
F. Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any non-residential zoning district upon issuance of a temporary use permit. The term of the temporary use permit shall not exceed sixty (60) days per seasonal sales location per calendar year. The seasonal merchandise shall not utilize required parking spaces dedicated to other uses.
G. Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision may be permitted. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects of operation may be imposed as part of the temporary use permit as deemed necessary. (Ord. 2010-02 § 1 (part), 2010)
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