D. Temporary Use Permit
(1) Purpose
The temporary use procedure provides a mechanism for the City to evaluate prospective uses and/or structures of limited duration to ensure compliance with applicable standards of this Code, including Section 3.5, Temporary Uses and Structures.
(2) Applicability
A temporary use permit is required before establishing, constructing, or installing any temporary use or structure designated as requiring a temporary use permit in Section 3.5, Temporary Uses and Structures.
(3) Application Submittal and Review Procedure
Figure 8-6 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to temporary use permits. Additions or modifications to the common review procedures are noted below.
Figure 8-6: Temporary Use Permit
a. Pre-Application Consultation
The Director may require or the applicant may request a pre-application consultation in accordance with Section 8.3.B, Pre-Application Meeting, based on the size and scope of the event.
b. Application Submittal and Handling
The temporary use permit application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.
c. Staff Review and Action
The Director shall review the temporary use permit application and approve, approve with conditions, or deny the application in accordance with Section 8.3.E, Staff Review and Action, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications, and the specific criteria in Section 8.4.D(4), Temporary Use Permit Approval Criteria. The Director may require cash bond to defray costs if the permittee fails to comply with conditions of approval.
d. Post-Decision Actions and Limitations
Post-decision actions and limitations in Section 8.3.H shall apply, with the following modifications:
1. Effect of Approval
A temporary use permit authorizes establishment, construction, or installation of the approved temporary use or structure in accordance with the terms and conditions of the permit.
2. Expiration of Approval
A temporary use permit shall be valid beginning on the date specified on the permit and shall remain valid for the time period indicated on the permit.
3. Removal and Restoration
Before the expiration of a temporary use permit, the permittee shall disconnect all temporary uses and structures, and associated property and equipment, and free the temporary use site from all trash, litter, and debris to the satisfaction of the Director.
4. Failure to Comply with Conditions of Approval
A temporary use may be approved subject to conditions of approval. Upon failure to comply with conditions, a temporary use permit may be suspended or revoked automatically, and the permit holder may be subject to code enforcement action pursuant to Section 1.7, Enforcement. If a temporary use permit is suspended or revoked, the Director has the authority to refuse to accept another application for a temporary use permit for the same or substantially the same use within one year from the date the temporary use permit application was filed.
(4) Temporary Use Permit Approval Criteria
The Director may approve a temporary use permit upon finding that the application meets all of the following criteria:
a. Complies with applicable temporary use standards, as well as all other applicable standards in this Code;
b. Adequately mitigates any impacts associated with access, traffic, emergency services, utilities, parking, refuse areas, noise, lighting, odor, and disruption of the natural environment; and
c. Complies with all requirements and conditions of approval of any prior development permits or approvals.