§ 30.73.040. Decision Process for Temporary Use Permits and Findings for Approval.

A.

A decision on an application for a Minor Temporary Use Permit shall be made by the Director of Planning and Community Development in accordance with Subsection C. The decision may be appealed to the City Council within five working days from the date the required public notice is posted in accordance with Subsection 30.73.050.A.

B.

A decision on an application for a Major Temporary Use Permit shall be made by the City Council in accordance with Subsection C.

C.

A Temporary Use Permit, Minor or Major, may be approved or conditionally approved only if the decision maker makes all of the following Findings for Approval:

1.

That the proposed site is adequate to accommodate the anticipated number of guests and vendors for the temporary use;

2.

That operation of the temporary use for a limited period of time consistent with the permit conditions will not be detrimental to the public health, safety, and welfare and will not adversely affect the surrounding neighborhood;

3.

That in consideration of the past and present use of the site, granting of the Temporary Use Permit would not authorize a permanent use to occur in conflict with the allowed uses of the applicable zone; and

4.

That operation of the temporary use would not adversely affect the community plan.

D.

The decision maker may impose conditions of approval on the Temporary Use Permit as deemed necessary to protect the public health, safety, and welfare and to ensure compliance with the findings supporting such approval. Conditions of approval may include, but are not limited to:

1.

Referral to Design Review Board;

2.

Hours of operation;

3.

Permit duration and expiration;

4.

Requirement for adequate temporary off-street parking facilities, including safe vehicular ingress and egress;

5.

Regulation of signs and advertising;

6.

Regulation of the use of live music or a public-address or sound system;

7.

Regulation of lighting, noise, gas, smoke, fumes, vibrations, and other nuisances;

8.

Requirement for restrooms;

9.

Requirement for security personnel;

10.

Regulation of temporary or permanent site improvements;

11.

Requirement for liability insurance and a "Hold Harmless" agreement to protect the City;

Requirement of bonds or other guarantees for cleanup and removal of structures or equipment to return the site to its state prior to the temporary use within a specified time period;

12.

Requirement of bonds or other guarantees for cleanup and removal of structures or equipment to return the site to its state prior to the temporary use within a specified time period; and

13.

Any other conditions as deemed necessary to protect the public health, safety, and welfare and minimize detrimental effects to surrounding properties.

E.

Performance Standards. The temporary uses allowed pursuant to this section shall at a minimum comply with the following standards:

1.

The applicant shall obtain all required permits, including those referenced in Subsection 30.73.020.D. as applicable.

2.

All lighting shall be directed and shielded away from adjacent residential areas.

3.

The temporary use shall be designed to accommodate safe pedestrian passage.

4.

The temporary use shall comply with any applicable requirement of the Fire Department.

5.

Prior to operation, the City shall conduct an inspection of the premise for compliance with any applicable code requirements.

6.

Upon termination of the temporary use or expiration of the Temporary Use Permit, whichever occurs first, the property owner and/or applicant are required to remove all temporary structures including fencing, temporary restrooms, and signage.

7.

The applicant shall return the site to its state prior to the temporary use, including the replacement or repair of any damaged landscaping or site improvements. Once an inspection of the premise has been completed by the City to verify compliance, any bonds and/or deposits that were collected will be returned.

F.

The Director of Planning and Community Development may approve a request for renewal of a Temporary Use Permit in accordance with Subsection A.

(Ord. No. 926 , § 8, 1-3-2017; Ord. No. 933 , § 2, 10-16-2017)