8.10.030 Limited Term Permits.
A. Purpose. This Section establishes procedures for the granting of ministerial Limited- Term Permits for short-term activities.
B. Applicability. A Limited-Term Permit allows the short-term activities listed in Subsection E (Allowed Temporary Uses), that may not comply with the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature.
C. Review authority. A Limited-Term Permit may be approved or disapproved by the Director in compliance with this Section.
D. Exempt temporary activities. The following temporary activities are allowed without the necessity of obtaining a Limited-Term Permit. Temporary activities that do not fall within the following categories shall comply with Subsection E.
1. Construction yards - On-site. On-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first.
2. Emergency facilities. Emergency public health and safety needs/activities.
3. Public property, or public right-of-way. Activities conducted on public property that are approved by the Council or as otherwise required by the Municipal Code.
4. Fund-raising car washes. Fund-raising car washes on property within a commercial,industrial zone, or on institutional property.
5. Events on sites approved for public assembly. An event on the site or within a religious facility, school, golf course, theater, or other similar facility designed, and approved by the City for public assembly.
6. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:
a. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure;
b. The use is appropriate because:
1) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or
2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and
c. The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.
E. Allowed temporary uses. A Limited Term Permit may authorize the following temporary activities within the specified time limits, but in no event for more than 12 months. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a 12-month period, allowed only on non- residential properties.
2. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed 12 months.
3. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on non-residential properties, for up to 35 days.
4. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale or least of units on the site. An application for a temporary real estate office may be approved for a maximum of one year from the date of approval.
5. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development project.
6. Retail incubator structures. A temporary retail structure that accommodates an allowed retail use (per Section 3) may be approved for a maximum period of one year from the date of approval.
7. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses.
F. Development standards. The Director shall establish the following standards based on the type of temporary use, using the requirements of Section 4.10 (Urban Standards Table) for guidance:
1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Code; and
3. Limitation on the duration.
a. Limitation on the duration of approved “Retail Incubator Structures” to a period of one year with up to two renewals for maximum total period of three years, so that they shall not become permanent or long-term structures.
b. Limitation on the duration of all other approved “temporary structures,” to a maximum of one year, so that they shall not become permanent or long-term structures.
G. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Code.
1. Public notice. Prior to a decision on a Limited Term Permit, the City shall provide notice of a public hearing. The notice shall state that the Director will decide whether to approve or disapprove the Limited Term Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.
2. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with State law, and the Director shall conduct the public hearing prior to a decision on the application in compliance with State law.
H. Findings and decision. A Limited-Term Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
I. Performance security for temporary structures. Prior to issuance of a Limited-Term Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Limited-Term Permit.
J. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished.