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(a) Intent. The requirements of this section are intended to provide for the regulation and permitting of uses and associated improvements on private property which are not so recurring in nature as to constitute a permanent use. These requirements are not intended to regulate temporary uses on public property, including public rights-of-way.
(b) Permit required. No person shall operate a temporary use without first obtaining a permit therefore from the county planning department as prescribed in this section. If an objection is filed pursuant to division (f) below or if the county planning department determines that a hearing should be held due to the scope of the proposed use, the temporary use application shall be referred to the planning commissions for action. A date for public hearing shall be set at which time the county and city planning commissions shall meet jointly to consider the application. At the joint meeting, the planning commissions shall decide by a vote of each body whether to grant the temporary use permit. When the planning commissions are not in agreement, the application shall be considered denied.
(c) Applications.
(1) Submission deadline. All applications for a temporary use permit shall be made to the county planning department at least 60 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) Temporary use plan.
A. All temporary uses shall be subject to approval of a temporary use plan.
B. The plan shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended to be used, the time period for which the temporary use permit is requested, and other information in sufficient detail as the county planning department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(d) Fee. A fee of $50 shall accompany the application for a temporary use permit.
(e) Standards for review. The following standards shall be used in determining the suitability and compatibility of a temporary use:
(1) The temporary use will have no adverse effect on nearby properties or jeopardize public health, safety and general welfare;
(2) The temporary use will not create hazardous traffic conditions or result in traffic in excess of the capacity of the roads serving the use;
(3) The site is adequate to accommodate the proposed use, including the provision for on- and off- site parking;
(4) Adequate sanitation facilities will be available on the site;
(5) The time period and hours of operation for the temporary use are clearly specified;
(6) Provision is made for the removal, cleanup and restoration of the site;
(7) The temporary use will not adversely impact the natural environment;
(8) The site is suitable for the proposed temporary use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property; and
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s building code.
(f) Notice. The county planning department shall send written notice of the temporary use permit application to the owners of all property located within 600 feet of the property involved. Written notice shall also be sent to the city planning department. The notice shall be sent at least 14 days before the county planning department makes its determination on the temporary use permit. If any property owner so notified files a written objection prior to the time the county planning department makes its determination regarding the application, the application shall be referred to the planning commissions for action.
(g) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety and welfare and the social and economic well-being of those who will use the temporary use, residents and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must be clearly specified in writing on the temporary use permit.
(h) Appeal of planning department or planning commission decision. Any person aggrieved by an action of the county planning department in granting, denying, revoking or suspending a temporary use permit may appeal the action to the planning commissions. The appeal shall be in writing and filed with the county planning department within five working days of the decision. The action of the planning commissions may be appealed to the board of county commissioners and city council in the same manner.
(i) Hearing by board and city council. In the case of an appeal of a decision of the planning commissions, a date for public hearing shall be set at which time the board of county commissioners and city council shall meet jointly to consider the temporary use application. At the joint meeting, the board of county commissioners and city council shall decide by a vote of each body whether to grant the temporary use permit.
(j) Exemptions. The following uses shall not require a temporary use permit:
(1) Estate or real estate sales involving the property or items from the property where the sale is held;
(2) Garage, yard or rummage sales provided:
A. Sales last not longer than three days;
B. Sales are held no more than twice yearly; and
C. Sales are conducted on the owner’s property or one of the owner’s property in case of a multi-party sale.
(3) Weddings, purely social parties or similar family events where the function or event involves the owner or lessor of the property and where no monetary consideration or fees for the use of the property or attendance is involved.
(1992 Code, App. F, § 15.13) (Ord. 10-06, passed 1-23-2006)
PARKING AND LOADING REGULATIONS
All parking required by this subchapter shall be located in conformance with the following requirements:
(a) The parking lot shall be set back a minimum of 15 feet from the front property line; and
(b) Parking spaces for all structures shall be located on the same site as the structure the parking is intended to serve; except that by conditional use permit, parking may be located within 300 feet of the use it is intended to serve.
(1992 Code, App. F, § 16.01) (Ord. 10-06, passed 1-23-2006)
Off-street parking for specific uses shall be required as follows:
Use | Required Spaces |
Use | Required Spaces |
All nonresidential buildings, except those specified below | 1 space for each 300 square feet of floor area |
Auditoriums, theaters, other places of public assembly | 1 parking space for each 4 seats |
Bowling alley | 3 spaces per alley |
Church or temple | 1 parking space for each 4 seats in the main auditorium |
Community center, library, museum or similar public or semi-public buildings | 10 parking spaces plus 1 additional space for each additional 300 square feet of floor area in excess of 2,000 square feet |
Hospital | 1.5 parking spaces for each bed |
Hotel or motel | 5 parking spaces plus 1 space for each sleeping room or suite |
Manufacturing or industrial establishments, research or testing laboratory, bottling plant, warehouse or other similar establishments | 2 parking spaces for each 3 employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith |
Medical office building | Buildings in which 20% or more of the gross area is occupied by members of healing profession; 1 parking space for each 200 square feet of the gross area used for medical purposes |
Mortuary | One space for each 50 square feet of floor area in slumber rooms or 1 for each 4 seats in chapel, whichever is greater |
Multiple dwellings | 1.5 spaces for each dwelling unit of one bedroom or less; 2 spaces for each dwelling unit of 2 bedrooms or more |
Multiple dwellings for the elderly and handicapped | 0.75 spaces for each dwelling unit |
Other retail uses | 1 parking space for each 300 square feet of gross floor area except for planned shopping centers of 100,000 square feet of floor area or more who may reduce their requirement to one space for each 400 square feet of floor area |
Personal services | 1 parking space for each 200 square feet of floor area |
Private club or lodge | 1 parking space for each 300 square feet of floor area |
Restaurant, bar, café or recreation or amusement establishment not specified herein | 1 parking space for each 100 square feet of floor area or 1 parking space per 3 fixed seats, which ever is greater |
Retail stores selling furniture, appliance or home improvement products (i.e. carpet, paint, wallpaper and the like) | 1 parking space for each 600 square feet of floor area |
Rooming and boarding houses, sororities and fraternities | 1 space per 2 beds |
Sanitarium or institutional home | 1 parking space for each 3 beds |
School | |
Colleges and universities | Because of the unique parking needs of colleges and universities, a permit application for new construction must include a parking study prepared by the applicant of the parking needs of the entire campus including the new use and the study must address a plan to meet the parking needs of the staff and students |
Elementary school | 5 spaces plus 1 parking space for each teacher and staff member |
High schools | 1 parking space for each 3 students based on the building’s design capacity |
Junior high school | 25 spaces plus 1 parking space for each teacher and staff member |
Single-family and two-family dwellings | 1 space for each dwelling unit |
(1992 Code, App. F, § 16.02) (Ord. 10-06, passed 1-23-2006)
In computing the number of required off-street parking spaces, the following rules shall be applied:
(a) FLOOR AREA shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking as herein defined;
(b) Where fractional spaces result, the number of parking spaces required shall be the nearest whole number;
(c) Whenever a building or use constructed or established after August 3, 1995, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, parking spaces shall be provided on the basis of the enlargement or change; and
(d) Whenever a building or use existing prior to August 3, 1995, is reconstructed or is enlarged to the extent of 20% or more in floor area, the building or use in its entirety shall than and thereafter comply with the parking requirements set forth herein. Any enlargement or change in use of less than 20% of the gross floor area shall be provided with parking based on the enlargement or change.
(1992 Code, App. F, § 16.03) (Ord. 10-06, passed 1-23-2006)
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