An application for a temporary use permit shall be required for the following temporary uses and shall be subject to conditions established in this code and any other additional conditions as may be prescribed by the director. The following temporary uses may be permitted subject to the approval of a temporary use permit:
A. Temporary Residential Quarters: Manufactured homes and self- contained recreational vehicles may be used for temporary residential quarters only in the following instances and for a period of time not to exceed one year with one year extensions; not to exceed an aggregate total of four (4) years:
1. Temporary residential quarters for individuals involved in the construction of the first permanent dwelling unit on the same parcel. Such temporary use permits may be approved when construction permits have been issued by the building and safety division;
2. Temporary residential quarters for security personnel for construction projects for which construction permits have been issued by the building and safety division;
3. Temporary residential quarters for security personnel for the short term protection of permitted commercial, commercial agricultural, industrial or institutional use;
The provisions of this section shall not apply to public school property;
Temporary use permits issued pursuant to this subsection A shall become invalid upon the cancellation of the building permit or the completion of the construction project for which the building permit and temporary use permit were issued.
B. Temporary Nonresidential Quarters: Manufactured homes, commercial coaches, self-contained recreational vehicles, mobile office vehicles or other appropriate and approved structures may be used for temporary nonresidential quarters as an accessory use to a primary permitted use. Such temporary nonresidential quarters may be used to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, commercial agricultural, industrial or institutional uses for a period of time not to exceed one year with one year extensions; not to exceed an aggregate total of four (4) years.
1. The town shall determine that the proposed use complies with the development standards in article 2, "Zoning Districts And Development Standards", of this title including:
a. Adequate access, circulation, and parking.
b. Appropriate buffering from abutting uses.
c. Fencing.
d. Landscaping.
e. Lighting.
2. Under exceptional or extraordinary circumstances, a temporary use permit for temporary nonresidential structures may be extended beyond the five (5) year limitation at the discretion of the town.
C. Temporary Construction Office Quarters: In conjunction with approved construction projects, manufactured homes, commercial coaches, self-contained recreational vehicles, mobile office vehicles or other appropriate and approved structures may be used for temporary construction office quarters for a period of time not to exceed one year with one year extensions; not to exceed an aggregate total of four (4) years. Temporary use permits issued pursuant to this subsection shall become invalid upon the cancellation of the building permit or the completion of the construction project for which the building permit and temporary use permit were issued.
D. Temporary Real Estate Model Home/Sales Offices: Dwelling units located in residential developments and subdivisions may be used for temporary real estate model home/sales office. Said model home/sales office may be used only for conducting the activities necessary for the initial sale or lease of the land or structure located within the residential development or subdivision in which the model home/sales office is located.
1. Model Homes: A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards:
a. The sales office and any off street parking shall be converted back to residential use and/or removed before the issuance of the final occupancy permit or within fourteen (14) days from the close of escrow of the last parcel in the subdivision, whichever first occurs.
b. The model home complex shall be used to sell only units within the development within which the complex is located.
c. Model home permits and model home sign permits will be finalized and the model homes will be allowed to be open to the public only after all required bonding has been accomplished and accepted by the town and a temporary use permit has been issued.
d. At least one model home shall be fully landscaped with drought tolerant xeriscape materials.
e. The town may require other conditions of approval deemed necessary to protect the public health, safety, and general welfare of persons residing or working in the neighborhood.
2. Real Estate Sales Offices: A temporary real estate sales office (modular structure) may be established within the area of an approved subdivision, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of twelve (12) months from the date of approval.
E. Temporary On-Your-Lot Builder Model Home/Sales Office: Single- family dwelling units may be used for temporary on-your-lot builder model homes/sales offices subject to a temporary use permit and the provisions of this chapter, including the following:
1. Intent: The provisions of this section are intended to regulate the use of a single-family dwelling unit when used as a temporary sales office and model home for the sale of construction services to build single-family residential units on vacant lots. These provisions are not intended to allow a permanent or temporary real estate office involved in real estate sales other than those involving lots sold in conjunction with the construction services being offered;
2. Finding: Prior to the issuance of a temporary use permit, the reviewing authority shall find and justify that the proposed on- your-lot builder model home/sales office structure is located fronting on a roadway designated by the circulation plan of the general plan as identified in subsection E5 of this section.
3. Activities Restricted To Construction Services And Related Sales Of Vacant Lots: The on-your-lot builder model home/sales office shall be used only for the sale of construction services to build single-family residential dwelling units on vacant lots and related real estate sales. Real estate sales shall be limited to the sale of vacant lots in conjunction with the sale of construction services for the same lot. Real estate sales shall be an accessory and subordinate use to the primary use of construction service or sales.
4. Inspection Annually By Fire Department: An annual inspection shall be made by the fire department in order to ensure compliance with conditions of approval of the temporary use permit.
5. Location Of Structure: The on-your-lot builder model home/sales office structure shall be located fronting on a roadway designated by the general plan in the circulation element as one of the following:
a. Highway (6 lanes divided);
b. Highway (4 lanes divided);
c. Arterial (4 lanes divided);
d. Collector (4 lanes);
e. Collector (2 lanes);
f. Industrial (2 lanes).
6. Parking: A minimum of two (2) paved and two (2) other alternate parking spaces shall be provided. The town shall approve alternate parking spaces subject to surfacing requirements and possible alternate locations (e.g., on street parking) where it is deemed necessary and appropriate.
7. Performance Bond: A bond shall be required to ensure removal of any signs or flags and to reconvert, where necessary, any garage conversion.
8. Xeriscape: The model home shall be fully landscaped with drought tolerant xeriscape materials.
9. Transfer Of Permit: A temporary use permit for an on-your-lot builder model home/sales office may be transferred to another party. A transfer shall not entitle the new owner to use the temporary use permit for a longer time period than five (5) years from the issuance of the original permit. The code enforcement division shall be notified of any transfer of ownership.
a. Agreement To Terminate A Temporary Use: Before the issuance of the temporary use permit for the first year and as a condition of the permit approval, the permittee shall enter into an agreement with the town, which shall be recorded in the official records of the county by the county recorder. The agreement shall establish the responsibility of the permittee to comply with the provisions of this chapter. This will include acknowledgment that the permittee shall terminate the model home/sales office no later than five (5) years from the date of the initial permit and shall restore the structure to a use allowed by the current land use zoning district in which the subject property is located.
F. Temporary Outdoor Storage Or Sales: Interim operation of an exterior storage area or short term exterior sales display area. Provisions regulating seasonal sales lots are in subsection 9.38.020D, "Seasonal Holiday Sales Facilities", of this article 3.
G. Temporary Work Trailers: A trailer or mobilehome used as a temporary work site for employees of a business; provided, that:
1. The use is authorized by a building permit for the trailer or mobilehome, and the building permit for the permanent structure;
2. The use is appropriate because:
a. The trailer or mobilehome will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of twelve (12) months, or upon expiration of the building permit for the permanent structure, whichever first occurs; or
b. The applicant has demonstrated that the temporary work site is a short term necessity for a maximum of twelve (12) months, while a permanent work site is being obtained.
3. The trailer or mobilehome is removed before final building inspection or the issuance of a certificate of occupancy for the permanent structure.
4. A temporary use permit issued in conjunction with a construction project shall become invalid upon:
a. Cancellation of the building permit for the approved temporary structure or use; or
b. Completion of the building permit for the approved temporary structure or use; or
c. Expiration of the time for which the approval has been granted.
H. Temporary Signs: See chapter 9.36 of this article 3 (temporary signs).
I. Temporary Transportable Treatment Units: Temporary transportable treatment units (TTTU) used for treating hazardous waste or groundwater contamination.
1. Temporary transportable treatment units shall only be allowed in either of the following instances:
a. The site where a TTTU will be located and operated complies with the siting criteria and procedures identified in the San Bernardino County hazardous waste management plan; or
b. The county environmental health services division determines that the proposed TTTU use does not create additional health risks as demonstrated by a site specific health risk assessment and a land use compliance review is issued and recorded in compliance with chapter 9.66, "Land Use Compliance Review", of this title.
2. A temporary use permit issued in conjunction with a TTTU shall become invalid upon the occurrence of one of the following:
a. Violation of a permitting requirement; or
b. Completion of the project; or
c. Expiration of the time for which the approval has been granted.
3. The county environmental health services division shall conduct an annual inspection in order to ensure compliance with any conditions of approval.
4. A temporary use permit for a temporary transportable treatment unit shall not be granted or extended for a period of time to exceed five (5) years after the date the temporary use permit was first issued.
J. Accessory Storage Structures: A detached, accessory storage structure, where the primary use does not yet exist, shall only be allowed with appropriate bonding to remove the accessory structure if the primary use is not completed within two (2) years.
K. Similar Temporary Activities: A temporary activity that the director determines is similar to the other activities listed in this section and compatible with the applicable land use zoning district and surrounding land uses. (Ord. 254, 12-16-2014)