3.10.04 Temporary Use Permit (City Manager Approval).
A.
Applicability. Temporary uses, as identified in Chapter
4, are required to obtain a temporary use permit from the City Manager. The permit specifies the use, the period of time for which it is approved, and any special conditions attached to the approval.
B.
Approval Criteria. In addition to the general criteria for consideration of administrative procedures, the City Manager shall consider whether the application complies with the following standards:
1. Land Use Compatibility. The temporary use must be compatible with the purpose and intent of this Code and the zoning district in where it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.
2. Compliance with Other Regulations. A building permit or temporary certificate of occupancy may be required before any structure to be used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet all applicable building Code, zoning district, and fire Code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices or other evidence of the special event or use).
3. Duration. The duration of the temporary use shall be consistent with the intent of the use and compatible with the surrounding land uses. The duration shall be established by the City Manager at the time of approval of the temporary use permit.
4. Traffic Circulation. The temporary use shall not cause undue traffic congestion or safety concerns, as determined by the City Engineer, given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
5. Off-Street Parking. Adequate off-street parking shall be provided for the temporary use, and it shall not create a parking shortage for any of the other existing uses on or near the site.
6. Appearance and Nuisances. The temporary use shall not cause any temporary or permanent nuisance. The temporary use shall be compatible in intensity, appearance and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
7. Other Conditions. The City Manager shall consider any other conditions that may arise as a result of the temporary use.
C. Public Conveniences and Litter Control. Adequate on-site restroom facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed within a reasonable and appropriate timeframe at no expense to the City. The guarantee shall be in a form and substance approved by the City Manager, which may include the requirement of a fiscal posting.
D. Signs and Attention-Attracting Devices. The City Manager shall review all signage in conjunction with the issuance of the permit. The City Manager may approve the temporary use of attention-attracting devices that generally conform to the requirements of this Code. The City Manager may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use.
E. The City Manager is responsible for final action.
