(1) Fundraising activities by not-for-profit agencies.
Fundraising or non-commercial events for nonprofit educational, community service or religious organizations where the public is invited to participate in the activities and which last longer than forty-eight (48) consecutive hours.

(2) Special and seasonal sales events.
Significant commercial activities lasting not longer than ninety (90) consecutive days and which are intended to sell, lease, rent or promote specific merchandise, services or product lines, including but not limited to warehouse sales, tent sales, trade shows, flea markets, farmer’s markets, Christmas tree lot sales, product demonstrations or parking lot sales of food, art work or other goods.

(3) Entertainment or amusement events.
Short-term cultural and entertainment events including public or private events lasting not longer than ninety (90) consecutive days and which are intended primarily for entertainment or amusement, such as concerts, plays or other theatrical productions, circuses, fairs, carnivals or festivals.

(4) Temporary batch plants in construction areas.

(c) Temporary use permit applications.
An application for a temporary use permit shall be submitted to the zoning administrator at least ten (10) working days before the requested start date for a temporary use and shall include the following:

(1) A written description of the proposed use or event, the duration of the use or event, the hours of operation, anticipated attendance, and any building or structures, signs or attention-attracting devices used in conjunction with the use or event.

(2) A written description of how the temporary use complies with the review criteria below.

(3) A plan showing the location of proposed structures, including on-site restrooms and trash receptacles, parking areas, activities, signs and attention attracting devices in relation to existing buildings, parking areas, streets and property lines.

(4) A letter from the property owner agreeing to the temporary use if the applicant is not the property owner.

(5) Any additional information required by the zoning administrator as he/she determines necessary to evaluate the permit request.

(d) Appeal of denied temporary use permit by the P&Z.

(1) The zoning administrator shall make a determination whether to approve, approve with conditions, or deny the permit within five (5) working days after the date of submission of a complete application for a temporary use permit.

(2) Any applicant denied a permit by the zoning administrator shall be notified in writing of the reasons for the denial and of the opportunity to appeal to the commission.

(3) A denial of a temporary use permit may be appealed to the commission within ten (10) days of the zoning administrator’s action. The appeal shall be made in writing to the city secretary and a copy shall be provided to the zoning administrator.

(e) Review criteria for temporary use permits:

(1) The temporary use must be compatible with the purpose and intent of this division.

(2) The temporary use shall not impair the normal, safe and effective operation of a permanent use on the same site or adjacent sites.

(3) The temporary use shall not endanger or be detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the type of activity, its location on the site, and its relationship to parking and access points.

(4) The temporary use shall conform in all respects to all other applicable city regulations and standards.

(f) Restoration of site. 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. The applicant shall be responsible for ensuring the restoration of the site.

(g) Hours of operation and duration: The hours of operation and duration of the temporary use shall be consistent with the intent of the event or use and compatible with the surrounding land uses and shall be established by the zoning administrator at the time of approval of the temporary use permit.

(h) Traffic circulation: The temporary use shall not cause undue traffic congestion given anticipated attendance and the capacity of adjacent streets, intersections and traffic controls.

(i) 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 the site(s).

(j) Public conveniences and litter control: Adequate on-site rest room facilities and litter control may be required as condition of the permit.

(k) The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the city, and city may require applicant to provide a financial guarantee of compliance.

(l) Appearance and nuisances: 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.

(m) Signs: The zoning administrator shall review all signage. The zoning administrator may approve the temporary use of attention attracting devices that comply with the city’s sign regulations.

(n) Additional conditions for temporary use permits. The zoning administrator may establish additional conditions 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 or buffering, guarantees for site restoration and cleanup following the temporary use and other conditions determined necessary for compliance with city’s ordinances and the protection of public health, safety and welfare.

See Permits for details.
See Land Use and Development for more detailed information