Temporary Use Permit

$180 + $12 processing fee *** Temporary uses for not more than one period of up to thirty (30) days or less, not more than one time each calendar year at a specific location. Temporary use permits for Christmas tree sales and fireworks stands for periods not to exceed sixty (60) days. Repeat seasonal temporary use permits which last more than thirty (30) days, but do not exceed one hundred fifty (150) days, may be approved by the zoning administrator if the temporary use: 1) Received planning commission approval for the original year of operation; 2) Is for the same site originally approved by the planning commission; 3) There are no material site changes proposed from what was originally approved by the planning commission and; 4) The application meets all application requirements.

$620 + $12 processing fee *** Temporary uses not approved by the zoning administrator or those that will last more than thirty (30) days but not exceed one-hundred-fifty (150) days.

A complete application for a temporary use permit, if issued by the zoning administrator or designee, shall be filed with the development department at least ten (10) working days prior to the date of commencing operation. A complete application for a temporary use permit reviewed by the planning commission shall be filed with the development department at least thirty six (36) working days prior to the date of commencing operation. The following information must be submitted along with the application form for a temporary use permit and applicable fees:

1. A site plan drawn at a scale of one inch equals twenty feet (1″ = 20′) that shows the address, setbacks, the location of the temporary use, other structures on the lot, and access from a public street. A detailed site plan of the area to be occupied by the temporary use, drawn at a scale of one inch equals ten feet (1″ = 10′) shall also be submitted showing parking areas, pedestrian circulation, trash and temporary toilet locations, locations and type of temporary structures, sign location, and utility locations;
2. Verification that the temporary use is located on a property with public and/or private improvements (hard surface parking areas, power, toilet facilities, parking, water, etc.) adequate to support the temporary use;
3. An affidavit of owner’s authorization showing that the applicant has the right to establish the temporary use on the lot;
4. A plan for trash removal and restoration of the site to its prior condition after the temporary use has been terminated;
5. Plans for all temporary structures to be located on the site; and
6. Proof of adequate liability insurance as required. (2001 Code § 89-5-405; amd. 2009 Code §13-7F-2; Ord. 10-09, 02-24-2010)

All temporary uses and structures associated with the temporary use shall meet the following review criteria and design standards:

1. Parking Lots: All parking lots must be surfaced with an approved material designed to prevent accumulation of water and the tracking of mud from the site. In no case shall parking for a temporary use decrease the required parking stalls for an existing site;
2. Toilet Facilities: Toilet facilities must be available for public use on site. If temporary toilets are used, the applicant shall provide documentation as to who will maintain these facilities in a sanitary manner;
3. Electrical Power: Any electrical power to the site must be located so as to not present any hazard to the public and must be inspected by the city building department;
4. Detailed Plans: Plans for all temporary structures and uses shall be in sufficient detail to determine the type of structures and the techniques to be used to provide stability and safety to the public. Sufficient setbacks from property lines, parking, traffic and other structures shall be required to assure safety of the public;
5. Anchoring: Inflatable structures and temporary membrane structures (tents) must be anchored in an approved manner to prevent wind or other severe weather from collapsing the structure;
6. Tethering: Hot air balloons or inflatable advertising devices must be tethered securely to avoid such devices from breaking free or otherwise causing property damage or injury to the public, must meet applicable building codes and must be inspected for compliance;
7. Structure Materials: Temporary structures such as produce stands, sun shelters, food and beverage carts, etc., must be of durable materials and constructed to withstand weather and must meet applicable building code requirements. In some cases, an inspection of the structure may be required;
8. Pedestrian Circulation: Pedestrian circulation must be identified on the site and clearly marked so as to avoid conflicts with parked vehicles and/or adjacent streets serving the site. If deemed necessary by the fire department and/or the police department, fencing shall be provided to provide pedestrian safety;
9. Parking Stalls: The number of parking stalls to serve the temporary use shall be determined by the development department based on parking requirements of similar land uses;
10. Inspections; Business License: Prior to commencing the operation of a temporary use, an inspection of the site by the fire department and building and safety department is required. In some situations, the police department shall also inspect the site. If permits from any of these city departments are required, the business shall not commence until approval of said permits. A business license is also required and shall not be issued until the site and/or buildings have been approved by all applicable city departments;
11. Financial Guarantee: A cash escrow or other financial guarantee may be required if deemed necessary to ensure that the site is returned to an acceptable condition upon the termination of the temporary uses; and
12. Occupancy: A permanent structure used in conjunction with a temporary use must meet occupancy and safety requirements for the specified use from the building and safety and fire departments. (2001 Code § 89-5-405; amd. 2009 Code§13-7F-3; Ord. 10-09, 02-24-2010)

Stationary vending carts which sell food, flowers, balloons and other similar products are subject to the following criteria:

1. The use shall not be permitted within one hundred feet (100′) of a similar permanent facility;
2. For food vending carts, approval from the department of health is required prior to operation and the applicant must comply with all health department regulations prior to and during operation;
3. Submission of an affidavit of owner authorization showing the applicant has the right to establish the temporary use on the lot and that sanitary facilities are available;
4. All trash shall be removed and the lot where a temporary use was located shall be restored to its prior condition after the temporary use has been terminated; and
5. The zoning administrator or planning commission determines the duration of the use as appropriate. (2001 Code § 89-5-405; amd. 2009 Code §13-7F-6; Ord. 10-09, 02-24-2010)

Sidewalk and parking lot sales, in conjunction with a business on the site, may be conducted for no longer than thirty (30) consecutive days, three (3) per calendar year not consecutive, and shall not violate required yard space or create a nuisance. All three (3) sidewalk and parking lot sales may be conducted under one temporary use permit. (2001 Code § 89-5-405; 2009 Code §13-7F-7; amd. Ord. 10-09, 02-24-2010)

The separation between identical or similar temporary uses shall be four hundred feet (400′) and the distance between different types of temporary uses (e.g., food vending uses and fireworks stands) shall be one hundred feet (100′), unless a greater distance is necessary due to traffic or other life/safety concerns as identified by the engineering division, planning division or fire chief or designee. (2001 Code § 89-5-405; 2009 Code §13-7F-8; amd. Ord. 10-09, 02-24-2010)

The temporary use and all associated structures, materials, signage, and inventory shall be removed within five (5) days after the expiration date of the temporary use permit and the site restored to its prior condition. (Ord. 10-09, 02-24-2010)

Temporary use on-premise sign. One (1), 32 square foot, temporary use on-premise sign placed in connection with a Christmas tree lot, fireworks stand or other temporary use that is approved and licensed by the city.
Any additional signage will require a temporary sign permit, and payment of the permit fee. Temporary signage means any exterior sign, banner, pennant, valance, or advertising display constructed of paper, cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without light frames, intended to be displayed for a short period of time. Examples of temporary signs include, but are not limited to, A-frame signs, balloons, banners, garage/yard sale signs, political signs, real estate signs, or special event signs. Portable reader boards are prohibited. To obtain a temporary sign permit please come into the City offices and fill out a “Temporary Sign Permit” application. In addition, an inspection is conducted of the property where the temporary use will be operated and any violations on the property will prevent staff from approving your business license. Should you have any additional questions regarding these regulations, feel free to contact the Planning and Zoning Division at 801-569-5060.