A. Review: The director shall review and act upon all requests for temporary use permits (TUP) or extensions thereof, subject to the findings and conditions specified for each use by the section of this code that provides for said use.
B. Fee: The application shall be accompanied by a fee established by resolution of the council to cover the cost of handling and processing the application as prescribed in this chapter.
C. Duration: Temporary use permits shall be first 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. A temporary use permit that is extended shall comply with the provisions, procedures, findings and conditions specified by this code.
1. A temporary use permit shall not be extended by any reviewing authority for any period of time to exceed five (5) years after the date the temporary use permit was first issued, unless acted upon by the planning commission. The planning commission retains the authority to grant temporary use permit extensions beyond five (5) years.
2. Director may approve such permits or extensions of such permits for shorter periods of time and/or subject to conditions, where required by this chapter or where it is determined reasonable and necessary to do so.
3. Prior to issuing a temporary use permit extension or renewal for the last allowed period of time (normally between the fourth and fifth year), the permittee shall submit and obtain approval by the director of a plan of action to either remove or replace the subject temporary use with a legally established use.
4. A temporary use structure which does not have a valid and current permit is hereby declared to be a public nuisance, subject to the enforcement provisions of this code and other applicable laws.
5. A change of ownership or operator of a use or structure subject to a temporary use permit or 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 by this chapter has lapsed, the temporary use permit and any extensions thereof shall be considered void. A temporary use or structure that was allowed on a subject parcel previously by a temporary use permit may not be reinstated by a new temporary use permit for any time period beyond the final period of time that would have been allowed by the original temporary use permit.
D. Procedure And Authority:
1. Procedure: Planning division review without notice.
2. Reviewing authority: Director.
E. Cancellation Of A Temporary Use Permit: Noncompliance with the conditions set forth in approving the permit shall be grounds for the reviewing authority to cancel and void any temporary use permit. The reviewing authority shall give notice of such an action to the permittee. The permittee may appeal such a decision by filing an appeal as allowed and specified in this chapter.
F. Performance Bond: The director may require cash deposit or other surety to defray the costs of cleanup of a site in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the zoning district in which it is located. (Ord. 243, 10-15-2013)