(a) AAuthorization. Following the procedure for variances as set forth in § 13.06.220, the Planning Commission, either directly or by delegation to the City Administrator, may authorize temporary uses of property or the use of temporary structures on a property.
The Planning Commission shall attach such conditions to the temporary or emergency use of the property as is necessary to assure discontinuance thereof in accordance with the terms of the authorization, to protect the interests of the surrounding property and neighborhood, and to assure substantial compliance with the purposes of this title.
(b) Issuance authorities. The levels of authority for issuance of temporary use permits shall be as follows:
(1) Planning Commission and/or City Manager. The Planning Commission, either directly or by delegation of authority to the city administrator, may issue temporary permits which shall terminate within 60 days from the date of issuance;
(2) Planning Commission. The Planning Commission may issue temporary permits to terminate within six months from the date of issuance;
The Planning Commission is empowered, either directly or by delegation of authority to the city administrator, in circumstances of emergency and where consistent with the public interest, to grant a permit for immediate temporary occupancy or use of the premises, if consistent with the conditions hereinafter set forth, to continue during the time a petition may be pending before the Planning Commission as herein provided;
(3) City Council. Applications for temporary use permits to continue in effect for a longer period than six months from date of issuance may be granted only by the City Council, following the procedure for conditional uses as set forth in § 13.06.040.
(c) Required conditions. Applicants for temporary use permits shall submit such evidence as may be required to enable the Planning Commission or the city administrator to make a finding that one-or more of the following conditions exists:
(1) That the need for the temporary use or occupancy permit is the direct result of a casualty loss, such as fire, windstorm, flood or other severe damage by the elements to a preexisting structure or facility previously occupied by the applicant on the premises for which the permit is sought;
(2) That the applicant has been evicted within six days of the date of his application from a preexisting occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use;
(3) Loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant;
(4) That the purpose for which the temporary use or occupancy permit is sought is compatible with or incident to the completion of the basic purpose for which the land is being developed, and the duration of such use is limited by the period of development, such as temporary construction trailer on site.
(Ord. 81-12, passed 6-3-81; Am. Ord. 2022-03, passed 6-3-22)