Plan Preparation and Guidelines
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1. Authority
A temporary use permit may be approved, conditionally approved or denied administratively by the director of planning. The director may refer such initial application to the planning commission. Decisions of the director may be appealed to the planning commission, pursuant to Section 17.03.090 of this development code.
2. Findings
The director of planning may approve, or conditionally approve a temporary use permit application, only when the following findings can be made:
a) The proposed temporary use is compatible with the nature, character and use of the surrounding area.
b) The temporary use will not adversely affect the adjacent uses, buildings or structures.
c) The nature of the proposed use not detrimental to the health, safety, or welfare of the community.
3. Conditions of Approval
In approving an application for a temporary use permit, conditions may be imposed when deemed necessary to ensure that the permit will be in accordance with the intent of this development code. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to:
a) Provision for a fixed period not to exceed ninety days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the director, except that residential model home complexes and automobile and truck dealerships may be approved for any appropriate period of time;
b) Provision for temporary parking facilities, including vehicular ingress and egress, except that residential model home complexes may be approved for any appropriate period of time;
c) Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, gases and heat;
d) Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
e) Provision for sanitary and medical facilities;
f) Provision for solid, hazardous and toxic waste collection and disposal;
g) Provision for security and safety measures;
h) Regulation of signs;
i) Regulation of operating hours and days, including limitation of the duration of the temporary use
j) Submission of a performance bond or other surety devices, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
k) A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the municipal code;
l) Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.
4. Revocation
A temporary use permit may be revoked or modified by the director in accordance with Section 17.03.080.
(Ord. 09-06 § 1; Ord. 08-08 §§ 4—6; Ord. 06-12 §§ 2—4; Ord. 06-06 § 6(B); Ord. 05-06 §§ 1—6; Ord. 99-24 § 1; Ord. 97-17 § 3(B); Ord. 96-19 §§ 2(K) and (L); Ord. 95-16 § 2 (part))