(A) Purpose and scope. Temporary or seasonal use permits are meant for activities that have an agreed-upon ending date and are not expected to be replaced through redevelopment as are most interim uses.
(B) Initiation of proceedings. A request for a temporary or seasonal use permit shall be initiated by application of the property owner or other person having authority to file an application.
(C) Application.
(1) All applications for a temporary or seasonal use permit shall be in accordance with § 154.175.
(2) In addition to general review requirements, applications for a temporary or seasonal use permit shall also include the following except as exempted by the Community Development Director:
(a) A narrative which includes:
1. A description of the proposed temporary use, how it will function on the property, hours and dates of operation, and any other information necessary to fully describe the request; and
2. An explanation of how the proposed temporary use will meet each of the criteria set forth below.
(b) A sketch plan of the property showing all information necessary to accurately depict how the proposed use will function on the site Information required on the site plan shall include but not be limited to:
1. The location of all existing and proposed structures;
2. Driveways and parking areas;
3. Proposed storage and/or display spaces;
4. Natural features such as woodlands, wetlands, shorelines, and the like; and
5. Proposed number of parking spaces provided or affected.
(c) Any other information that may be reasonably required by the city to evaluate the application.
(D) Review criteria. A temporary or seasonal use permit shall be issued only if the use will:
(1) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
(2) Be compatible with the principal uses taking place on the site;
(3) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(4) Not include permanent alterations to the site;
(5) Not violate the applicable conditions of approval that apply to a site or use on the site;
(6) Not harm environmentally sensitive lands.
(E) Temporary or seasonal use permit review process.
(1) The Community Development Department will review all temporary or seasonal use permit applications.
(2) Applications determined to conform to the review criteria shall be approved with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant that includes all conditions and comments.
(3) Applications not conforming to the approval criteria outlined in this section shall be denied by the Community Development Department. A notice of denial including the reasons shall be provided to the applicant.
(F) Reasonable conditions. In approving a temporary or seasonal use permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements.
(G) Effect of a temporary or seasonal use permit approval.
(1) The issuance of a temporary or seasonal use permit shall authorize only the specific temporary use approved by the Community Development Department over the specified time frame.
(2) A minimum of 90 days shall be required between the expiration of a temporary or seasonal use permit and the issuance of another permit on the same site for an identical or similar use as determined by the Community Development Department.
(H) Revocation of a temporary or seasonal use permit. In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the permit. Before the revocation is considered, the City Council shall hold a public hearing after proper written notice has been issued. Following the hearing, the City Council may revoke the permit by adopting findings of fact showing there has not been substantial compliance with the required conditions.
(I) Appeals. The applicant for a temporary or seasonal use permit may appeal the decision of the Community Development Department to the City Council.
(Ord. 1040, passed 1-5-16)