A. Purpose: Upon compliance with the provisions of this section, a temporary use approval may be granted by the CDD or designated planning staff member, with reasonable conditions necessary for the protection and preservation of the public health, safety and welfare. This section is intended to provide a process and procedure for reviewing and approving, approving with conditions, or denying a temporary use, or limited duration activity that will provide an overall benefit to the community for the time frame during which it is permitted to exist.
B. Qualification For Temporary Use: Uses designated as temporary uses in section 10-2-10 of this title qualify for temporary use review, unless otherwise permitted in this title.
C. Criteria For Approval: Before an application for a temporary use is approved by the CDD or designated planning staff member, it shall conform to the following criteria:
1. The proposed use shall be appropriate, on a temporary basis (not more than 1 year in duration), in the particular location, taking into account the nature of the use, its relationship to surrounding land uses and its impact on the natural environment.
2. The proposed use will not be in violation of any county, state or federal laws.
3. The applicant shall present evidence to show approval of the landowner for the particular use, unless the land is owned by the applicant and, in such case, the applicant shall submit proof of ownership.
4. The applicant shall demonstrate that it possesses the requisite skills and experience to ensure that the particular activity will be conducted in a safe and orderly manner.
5. The site shall be returned to its original condition or when significant disturbance has occurred, to a condition to be approved by the planning commission. The CDD or designated planning staff member may require the applicant or the owner of the property subject to an application for development approval for a temporary use permit to establish an escrow account, post a bond, or other financial security in such form and sum as determined by the CDD or designated planning staff member to ensure site restoration.
6. The use shall not adversely affect, in a significant manner, the public health, safety and general welfare.
D. Review Procedure:
1. The applicant shall submit a completed temporary use application form, fee, and all information deemed necessary and reasonable by the CDD or designated planning staff member to conduct a detailed assessment of the impacts of the proposed use. The community development department shall approve, approve with conditions, or deny the temporary use application and shall communicate the decision to the applicant. Approval of a temporary use shall not be considered valid unless a specific period of time during which the use may exist and operate is designated.
2. In proposals where the CDD or designated planning staff member determines that potential issues may arise or additional comment is needed from the community, a public hearing on the application may be scheduled with the planning commission. The applicant shall receive notice of the hearing. Following the public hearing, the planning commission shall make a recommendation to the CDD or designated planning staff member regarding an approval, approval with conditions, or denial of the application. (Ord. 708, 12-10-2008)