14-17-113 GENERAL STANDARDS FOR TEMPORARY AND SEASONAL USES

The following regulations establish the time, place, and manner in which uses that are temporary or seasonal in nature may occur. A temporary or seasonal use has no inherent rights within the zone in which it may be located, other than the terms and conditions of an approved permit, and the City may deny a proposed temporary or seasonal use for non-compliance with this Title. Temporary and seasonal uses are not permitted or conditional uses, except as specifically set forth in this Chapter, although the City may follow the same public hearing or noticing process. Temporary uses shall not exceed one hundred twenty (120) continuous days in length and shall not involve the erection of any substantial structure or require any other permanent commitment of the land, except as specifically set forth in this Chapter. All temporary and seasonal uses shall comply with the following: A. The nature and intensity of the proposed use and the size and location of any temporary structures shall be planned so as to be compatible with existing development and uses in the area. B. Permanent changes to the site are prohibited, except that seasonal uses may install underground utility lines with the approval of the Building Department. When the use ends, the applicant shall restore the site to its original condition, including such clean up, washing, and replacement of facilities as may be necessary, or, if applicable, shall complete site improvements according to the approved site development plan. C. Tents, stands, trailers, mobile equipment and other similar temporary structures may be utilized provided they are clearly identified on the submitted plan and it is determined by the Planning Director that they will not impair the parking capacity, emergency access, or safe and efficient movement of pedestrian and vehicular traffic on or off the site. D. Temporary buildings or structures shall conform to all area and setback requirements established for permanent buildings or structures for the zoning district in which the use is proposed. Temporary buildings or structures shall not be located in landscaped areas unless approved by the Administrative Committee and shall be located in a manner that minimizes traffic impacts. E. Temporary uses which do not include buildings or structures may be conducted within a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation, or emergency vehicle access. F. Parking Standards: 1. Temporary parking areas may be allowed only during construction on a site. They must be removed, and the land restored to its original condition, prior to the issuance of a certificate of occupancy for the construction. 2. Adequate off-street parking for the proposed event shall be provided for the duration of the event. Determination of compliance with this requirement shall be made by the Planning Director who shall consider the nature of the event and the applicable parking standards of this Code. Consideration shall be given to the parking needs and requirements of permanent occupants of the site. 3. Temporary uses shall not reduce required parking spaces below the minimum required for the permanent uses existing on the site. 4. Parking areas for the proposed use shall be surfaced with asphalt, concrete, gravel or other surface acceptable to the Planning Director. G. Permanent signs are prohibited. The size and location of signs shall be shown on the site plan and approved by the Planning Director as part of the application approval. All signs shall be removed when the activity ends. H. No loudspeakers or other amplifying sound devices shall be used in conjunction with a temporary use unless specifically approved by the Planning Director. I. Outdoor lighting, if used, shall be subdued. All lighting shall be designed, located, and directed so as to eliminate glare and minimize reflection of light into neighboring properties. Searchlights shall not be permitted. J. Temporary uses on sites where the primary use is a conditional use shall not violate the conditions of approval for the primary use. K. The applicant shall provide to the Planning Director proof of liability insurance for the requested use if necessary. This proof shall be submitted with the application. L. These provisions shall not be construed to exempt the operator from complying with applicable Building Codes, Health Codes, or permit requirements established by other regulatory agencies or departments.