(A) Review, Decision: The project assistance team (PAT), as defined in section 6-1-14, shall review and act upon all requests for temporary use permits (TUP), or extensions thereof. The PAT shall approve, conditionally approve or deny any such applications subject to the findings and standard conditions set forth in this section.
(B) Uses Included: Those uses subject to a temporary land use permit include the following:
1. Temporary real estate offices on the site of an approved subdivision where lots, or lots and houses, are being offered for sale.
2. Model homes on any lot within a tentatively approved subdivision consistent with the provisions of the city subdivision ordinance.
3. Construction trailers, commercial cargo/storage containers, temporary office buildings and security personnel offices on construction sites for which a project has been approved and a building permit or grading permit has been issued by the city, subject to the provisions of this chapter.
4. On site contractor’s yard during the construction phase of an approved project for which a building permit or grading permit has been issued.
5. Mobilehome or trailer occupied for security purposes during the construction phase of a project.
6. Commercial cargo/storage containers (“containers”) may be placed by a temporary use permit only in commercial or industrial zone districts, subject to the following conditions in a manner consistent with the provisions of this section:
(a) Said containers shall be adequately screened from view from any street, highway or adjacent property in a manner consistent with the provisions of this title.
(b) In commercially zoned districts or community facilities zoned districts, one such container shall be permitted for each seven thousand five hundred (7,500) square feet of property up to a maximum of four (4) such containers; in the industrial zone district, one such container shall be permitted for each twenty thousand (20,000) square feet of property up to a maximum of four (4) such containers.
(c) Said containers shall not be placed in a manner that will interfere with any required vehicular parking or maneuvering areas designated for the property.
(d) In no instance may said containers be placed on a parcel of land other than as an accessory/subordinate use to an existing and permitted primary land use.
(e) Any container that has been located on a parcel of land for a period of ten (10) years or more, upon the effective date hereof, may so remain and shall not be required to comply with the requirements of this section unless a change of occupancy occurs or permits are issued by the city to expand, renovate or improve the property or any structures on the property. In this instance, the requirements listed in subsections (B)6(a) through (B)6(d) of this section shall apply.
(C) Additional Uses In Specified Districts: Those uses subject to a temporary use permit include the following:
In the GC, I or CF zone districts, excepting the provisions of subsection (B)6 of this section, temporary buildings, commercial cargo/storage containers, trailers, coaches and similar items may be permitted subject to an approved temporary use permit.
(D) Term, Extensions; Compliance: Temporary use permits shall first be issued for a period of time not to exceed twelve (12) months. Extensions to such permits may be granted for additional periods of time, each of which shall not exceed twelve (12) months. Temporary use permits shall comply with the procedures, findings and conditions specified by this title:
1. A temporary use permit shall not be extended for a period of time that exceeds five (5) years from the date the temporary use permit was first issued.
2. The PAT, or the planning commission upon appeal, may approve such permits or extensions for shorter periods of time and shall approve such permits subject to conditions where required by this title, or where it is determined reasonable and necessary to do so.
3. Prior to issuing a temporary use permit for an extension or renewal for the last allowed period of time, the permittee shall submit to and obtain approval by the PAT, or the planning commission, as applicable, of a plan to replace the subject temporary use with a legally established permanent use.
4. A temporary use or structure that does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this title and other applicable laws.
5. A change of ownership or operator of a use or structure, subject to a temporary use permit, or a change of structure or modification of the structure or use allowed on a parcel subject to a temporary use permit shall not affect the time periods established by this chapter to allow such temporary uses or structures.
6. When the last period of time allowed for a temporary use permit by this chapter has lapsed, the temporary use permit, and any extension thereof, shall be considered void and no new or additional temporary land use permits may be issued or reinstated for the temporary use or structure that was previously permitted.
(E) Cancellation Of Temporary Use Permit:
1. Noncompliance with the conditions set forth in the approved temporary use permit shall be grounds for the PAT to cancel and void any such temporary use permit.
2. The planning director shall give notice of such an action by the PAT to the permittee. The permittee may appeal such a decision to the planning commission by filing an appeal as specified in section 6-2-20 of this chapter. (Ord. 802-14, 2-4-2014; amd. Ord. 849-22, 12-6-2022)