(1) Applicability. A short-term temporary use permit shall be required prior to the commencement of a temporary use identified in § 17-0304(b) and § 17-0304(c) lasting equal to or fewer than 14 days.

(2) Application. An application for a short-term temporary use permit shall be submitted to the Community Development Director or their designee at least 10 days prior to the proposed start date of the temporary use and include the following information:

a. Name, address, and contact information, of the applicant.
b. Location of the proposed short-term temporary use.
c. A written description of the proposed short-term temporary use or event, the duration of the use or event, the hours of operations, anticipated attendance, and any buildings, structures, signs or attention-attracting devices used in conjunction with the event.
d. Proof of compliance with all applicable use specific standards as established in Article IV: Use Specific Standards.
e. A response to each of the criteria established in the short-term temporary use approval criteria below.
f. A sketch 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.
g. Written confirmation from the property owner agreeing to the short-term temporary use.
h. Any additional information deemed necessary by the Community Development Director or their designee.
 

(3) Short-term temporary use permit approval criteria. To approve an application for a short-term temporary use, the Community Development Director or their designee shall make an affirmative finding that the following criteria are met:

a. Temporary uses per year. A maximum of three temporary uses shall be allowed per property per calendar year.
b. Land use compatibility. The temporary use must be compatible with the purpose and intent of this Zoning Ordinance and the zoning district in which 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.
c. Compliance with other regulations. A building permit or temporary certificate of occupancy may be required before any structure 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).
d. Hours of operation and duration. The duration and hours of operation of the temporary use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Community Development Director or their designee at the time of approval of the temporary use permit. However, in no instance shall the duration of a temporary use exceed 14 consecutive days. Temporary use permits for longer periods may be issued by the Plan Commission in accordance with the provisions established in § 17-0804(c).
e. Traffic circulation. The temporary use, as determined by the City Engineer, shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
f. Off-street parking. Adequate off-street parking shall be provided for the temporary use, as determined by the Community Development Director or their designee, and it shall not create a parking shortage for any of the other existing uses on the site.
g. 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 at no expense to the City.
h. 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.
i. Signs and attention-attracting devices. The Community Development Director or their designee shall review all signage in conjunction with the issuance of the permit, although a sign permit is not required. The Community Development Director or their designee may approve the temporary use of attention-attracting devices. The number and types of signs and attention-attracting devices allowed shall be evaluated on the following criteria:

1. Type and size of the proposed event or use.
2. Safety considerations (sight distance setbacks, sidewalks in area, etc.).
3. Lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets).
4. Aesthetic concerns (appearance, illumination, number, and size of signs and attention-getting devices proposed).

j. Other conditions. The Community Development Director or their designee 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. Conditions may include, but shall not be limited to:

1. Modifications or restrictions to the hours of operation, duration of the event, size of the activity or other operational characteristics.
2. The posting of a performance bond to help ensure that the operation of the event or use and the subsequent restoration of the site are conducted according to required stipulations.
3. If the permit applicant requests the City to provide extraordinary services or equipment or if the Community Development Director or their designee otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
4. Obtaining liability and personal injury insurance in such form and amount as the Community Development Director or their designee finds necessary to protect the safety and general welfare of the community.
 

(4) Review and action by the Community Development Director or their designee. The Community Development Director or their designee shall make a determination whether to approve, approve with conditions, or deny the permit. Any applicant denied a permit by the Community Development Director or their designee shall be notified in writing of the reasons for the denial and of the opportunity to appeal the denial to the Plan Commission.

(5) Appeals. Appeals of short-term temporary use permits denied by the Community Development Director or their designee shall be taken to the Plan Commission within 30 days of the date the interpretation was rendered, in accordance with the procedures in § 17-0804(h).

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Long-term temporary use permit.