A. Authorized Temporary Uses
1. Temporary uses shall be limited to the following:
a. General and Seasonal Retail Sales and Food Vendors;
b. Special Events;
c. Model Homes, Temporary Real Estate Offices;
d. Construction Trailer;
e. Temporary Shelter; and
f. Temporary Storage Containers.
B. Permit Requirements
1. All requests for temporary use permits shall be submitted to the City at least five working days before the event on a form supplied by the City and shall contained required information.
2. All temporary structures shall comply with the requirements of the applicable building codes.
3. Documentation from the County Health Department on the adequate arrangement of temporary sanitation facilities may be required.
4. A traffic control plan shall be provided if deemed necessary by the City.
5. If tenting is to be used, an affidavit of the dates the tenting was last treated with flame retardant solution.
6. Temporary structures are not required to comply with the district setback requirements.
7. All requests for temporary use permits shall be accompanied by a plot plan or survey showing the nature of the activity and temporary improvements involved, and a time period for which the permit is requested.
8. Adequate utility, drainage, refuse management, emergency services and access, parking, and similar necessary facilities and services shall be available for the use.
9. Special Events on public property or right-of-way and non-commercial Small Special Events on private property shall not require temporary use approval under this Section.
10. Unless specified otherwise by this Code, no temporary use permit shall be issued for more than a 90-day period.
11. Upon a showing of unusual circumstances, the City Manager or his (her) designee may grant one extension of the original approval period. No future extensions will be permitted.
C. Permit Conditions
1. The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within fifteen (15) days after closing the event.
2. No permanent or temporary lighting shall be installed without an electrical permit and inspection by the City and shall meet the requirements of Article 151.11, Outdoor Light Control.
3. The failure of the applicant to fulfill the requirements of any temporary use permit issued under the provisions of this Code may result in the revocation of the permit and denial of future permits. Upon written notice, the City can revoke a temporary use permit upon violation of any provision of this Code or permit condition in order to protect public health, safety, and general welfare.
D. Additional Requirements
1. Construction Trailers
a. The use shall be located on the site of an active construction project.
b. The area shall be maintained so as to prevent dust and debris from impacting adjoining property.
c. The applicant shall obtain a building or construction permit prior to the issuance of a temporary permit.
d. The temporary use may be permitted for a maximum period of twelve (12) months.
2. Model Homes, Temporary Real Estate Offices
a. The use shall be located only in districts where the structures may be erected and occupied for residential purposes.
b. The use shall be located on the same site as the units or project with which it is connected. Construction on the project shall be kept active and the sales office shall not be used to market off-site developments.
c. At least five (5) off-street parking spaces shall be provided on the same lot or a contiguous lot. The parking area shall be landscaped and mulched; wheel stops shall be utilized to delineate individual parking spaces.
d. No more than ten percent (10%) of all units or a maximum of ten (10) units, whichever is less, may be permitted as model homes.
e. The temporary use may be permitted for a maximum period of thirty-six (36) months, or upon the sale or lease of all the dwelling units in the project, whichever occurs first.
3. Retail Promotional Activities Affiliated with an Existing Business
a. Tents to be utilized for the temporary sales or display of retail items may be permitted in any commercial or industrial district provided the area is immediately adjacent to the place where such goods are usually sold. The sale of seasonal items and food vendors may be allowed on vacant lots or in a parking lot when the applicant can demonstrate that all parking requirements will be maintained.
b. Sufficient area shall be provided for off-street parking and loading.
c. Illuminating fixtures shall not emit glare or light which impacts adjoining residential properties and shall meet the requirements of Article 151.11, Outdoor Light Control.
d. Ingress and egress from the use shall be provided in a manner which ensures sufficient vehicle maneuverability, and vehicle and pedestrian safety.
e. All electrical connections shall meet the requirements of the applicable building codes.
f. The temporary use permit for retail promotional activities affiliated with an existing business may be authorized for a maximum consecutive period of five (5) days per quarter unless an extension is granted by the City. The sale of seasonal items and food vendors may be permitted for up to forty-five (45) days in one location unless an extension is granted by the City.
4. Temporary Shelter
a. In cases where fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a recreational vehicle on the single-family lot is permitted during the rehabilitation or construction period while there is an active building permit.
b. The recreational vehicle shall have water and sanitary facilities.
c. The maximum length of the temporary use permit shall be one year.
d. The recreational vehicle shall be removed from the property within 30 days after the issuance of an occupancy permit for the new or rehabilitated residence.
5. Temporary Storage Containers
a. Temporary storage containers shall be allowed for temporary storage not to exceed thirty (30) days in residential districts and ninety (90) days in nonresidential districts without a permit, per calendar year. Portable storage units that exceed these time limits must receive Temporary Use approval for a specified time, and subject to other conditions that the City deems necessary. No temporary use shall exceed sixty (60) days in residential districts and one hundred and twenty (120) days in nonresidential districts unless there is an active building permit on the property, resulting in the need for temporary storage.
b. Temporary storage containers in residential districts shall not exceed eight (8) feet in width, eight (8) feet in height, and sixteen (16) feet in length.
c. A sticker shall be affixed to all temporary storage containers indicating the date on which the unit is delivered to the property, or at the request of the City, the property owner shall produce a valid invoice indicating the date the unit was delivered to the property.
d. No temporary storage container shall interfere with, or obstruct, any right-of- way, drainage, traffic circulation, sidewalk, visibility for pedestrian or traffic circulation, or emergency access.
e. Temporary storage containers in residential districts shall be located on a driveway or other improved surface.
f. Temporary storage containers in non-residential districts shall be located to the rear of buildings and screened to the maximum extent possible.
g. The Building Official in the event of a natural disaster may waive these requirements where the City or County has received a state or federal disaster declaration.
(Ord. 2016-002, passed 2-25-16)
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