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Chapter 18.62 - Temporary Uses and Events

Sections:

18.62.010 - Purpose of Chapter
18.62.020 - Applicability
18.62.030 - Exempt Temporary Uses and Events
18.62.040 - General Requirements for All Temporary Uses
18.62.050 - Requirements for Specific Temporary Uses and Events
18.62.060 - Conditions of Approval

18.62.010 - Purpose of Chapter

This Chapter provides standards for short-term commercial uses and events that may not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

18.62.020 - Applicability

A. Scope of requirements. This Chapter identifies the provisions (exempt uses, allowable uses, development standards, etc.) to assist in the review and determination on a Temporary Use Permit to ensure basic health, safety, and community welfare standards are met, and only suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use are approved.

B. Permit requirements. The provisions of this Chapter shall be applied together with Chapter 18.80 (Temporary Use Permits), which identifies the following additional information regarding the processing and review of a Temporary Use Permit:

1. Purpose of a Temporary Use Permit;

2 Applicability of a Temporary Use Permit;

3. Findings and Decision on a Temporary Use Permit;

4. Conditions of Approval to be imposed on a Temporary Use Permit; and

5. Post Approval Procedures for an approved Temporary Use Permit.

C. Allowed uses. Only those temporary uses and events identified in Section 18.62.030 (Exempt Temporary Uses and Events), Section 18.62.050 (Requirements for Specific Temporary Uses and Events), and Tables 2-2 (Allowed Uses and Permit Requirements for Residential Zoning Districts), 2-3 (Allowed Uses and Permit Requirements for Downtown Residential Zoning Districts), 2-6 (Allowed Uses and Permit Requirements for Commercial and Manufacturing Districts), 2-7 (Allowed Uses and Permit Requirements for Downtown Commercial and Manufacturing Districts, and 2-9 (Allowed Uses and Permit Requirements for Special Purpose Districts) shall be allowed. All other temporary uses of land shall be prohibited.

18.62.030 - Exempt Temporary Uses and Events

The following temporary uses and events are not subject to the requirements of this Chapter, and are also not subject to the permit requirements established by Article II (Zoning Districts and Allowable Land Uses).

A. Community events. Community events as identified by Town Council resolution.

B. Garage sales. Garage sales, as defined by this Development Code.

C. Mobile vending units. Mobile (vehicle) vending and food preparation units that are not located in any single area for a period exceeding two hours.

D. Parades and street events. Parades and other temporary events within a public right-of-way, provided that all requirements of the Public Works Director and Police Chief are met.

E. Temporary uses and events on public lands. Temporary uses and events conducted on land or within a structure under the control and ownership of a public agency, provided that all requirements of the public agency and the Police Chief are met.

18.62.040 - General Requirements for All Temporary Uses

A. Cumulative time limits. Temporary uses shall not be allowed on or within a parcel, shopping center, professional center, or business park for more than 90 days in any calendar year.

B. Building Permits. Any new structure or any new electrical service connection shall require a Building Permit unless specifically exempted by the Town Building Code.

C. County Health Department approval. All temporary uses are, where applicable, subject to the issuance of a Certificate of Operation from the Nevada County Health Department for all temporary uses involving the handling of foods.

D. Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation shall be provided in compliance with the requirements of the Director. The Director may require parking areas to be surfaced with a minimum of two inches of crushed rock or other surface(s).

E. Pedestrian and display areas. The Director may require all pedestrian traffic and display areas not located within an existing paved area to be covered with green grass or a minimum of two inches of sawdust, wood shavings, or other surface(s).

F. Signs. Signs shall be substantially attached to the stand, vehicle, or other structures used for the temporary sale of goods and the maximum allowable aggregate sign area shall be 16 square feet. The location of signs shall be approved by the Director. A-frame or sandwich board signs shall be prohibited.

G. Site restoration.

1. The subject site shall be restored to its original condition within five days from the date of termination of the permit.

2. The Director may require the submission of a performance bond or other surety measures, in compliance with Section 18.84.040 (Performance Guarantees), satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition, and shall continue to be used in compliance with this Development Code.

H. Issuance of Permit. Temporary Use Permits shall be issued no more than 30 days in advance of the initial date of operation.

I. Fixed period of time. The Director may set a fixed period of time for the permit. Where not specified, the period of time shall not exceed the time limits established for the temporary use in Section 18.62.050 (Requirements for Specific Temporary Uses and Events).

J. Operating hours. The Director may regulate operating hours and days, including limitation of the duration of the temporary use, as identified in Subsection H, above.

K. Nuisance factors. The Director may apply conditions to regulate nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration.

L. Screening required. The Director may require temporary outdoor sales areas to be screened from adjoining public rights-of-way by temporary decorative walls, fences, and/or landscaping.

M. Security. Security and safety measures shall be provided in compliance with the requirements of the Police Chief.

N. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the Director.

O. Waste collection and disposal. Provisions shall be made for solid, hazardous and toxic waste collection, recycling and/or disposal, in compliance with the requirements of the Director.

P. Other conditions. Any other conditions which will ensure the operation of the proposed temporary use or event in an orderly and efficient manner and in full compliance with the purpose/intent of this Chapter.

18.62.050 - Requirements for Specific Temporary Uses and Events

The following temporary uses and events are subject to the permit requirements established by Article II (Zoning Districts and Allowable Land Uses), and shall comply with the following standards.

A. Commercial filming. Commercial filming may be authorized on properties within residential, commercial/manufacturing, and special purpose zoning districts.

B. Construction offices/yards.

1. A contractors’ construction office and/or yard may be authorized during construction or remodeling of a permanent multi-family residential, commercial, or manufacturing structure, or a public infrastructure project when a valid Building Permit or similar authorization is in force for the approved construction project.

2. The office and/or yard may be located off-site from the construction project.

3. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

C. Material processing.

1. Temporary on-site material processing may be authorized during construction or remodeling of a permanent structure when a valid Building Permit is in force for the approved construction project.

2. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

D. Seasonal sales lots. Christmas tree and pumpkin and associated sales lots or the sale of other seasonal products and temporary residence/security trailers, when determined by the Director to be necessary for the sales event, may be authorized for a parcel or site for not more than 60 days in a single calendar year.

E. Soil remediation. On-site soil remediation activities may be authorized for not more than 30 days.

F. Temporary outdoor displays, events, sales, and services.

1. Shall be for an on-site business and tied directly to products and services provided by the business.

2. Shall comply with the standards identified in Section 18.62.060 (Conditions of Approval), below.

3. May be authorized for a parcel or site for not more than 30 days in a single calendar year and for not more than 30 days in any 90 day period.

G. Temporary uses, non-profit organization.

1. The temporary use shall be directly conducted, staffed, and operated by the non-profit organization.

2. An event sponsored by a non-profit organization with individual for-profit vendors or stands (e.g. arts craft fair) shall not be allowed under this Subsection.

3. The temporary use(s) may be authorized for a parcel or site for not more than 30 days in a single calendar year and for not more than 30 days in any 90 day period.

H. Temporary work trailers.

1. The trailer or portable structure(s) being used as a temporary work site for employees of a business may be authorized during construction or remodeling of a permanent commercial or manufacturing structure when a valid Building Permit is in force for the approved construction project.

2. The permit shall expire upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

18.62.060 - Conditions of Approval

In approving an application for a Temporary Use Permit, the Director may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with this Chapter and the findings required by Section 18.80.030 (Findings and Decision). The conditions may address any pertinent factors affecting the operation of the temporary use or event, and may include the following:

A. Time limits. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 90 days for a temporary event;

B. Nuisance mitigation. Regulation of nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration;

C. Hours of operation. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in Subsection A.1., above;

D. Parking. Provision for adequate temporary parking facilities, pedestrian, and vehicular circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter 18.48 (Parking and Loading Standards);

E. Performance guarantees. Submission of a performance bond or other surety measures, in compliance with Section 18.84.040 (Performance Guarantees), satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition, and shall continue to be used in compliance with this Development Code;

F. Sanitary and medical facilities. Provision for sanitary and medical facilities, as appropriate;

G. Screening. Temporary outdoor sales areas screened from adjoining public rights-of-way by temporary decorative walls, fences, and/or landscaping, subject to the approval of the Director, and in compliance with Section 18.30.110 (Screening);

H. Security and safety. Provision for security and safety measures, if applicable;

I. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the Director;

J. Signs. Regulation of signs, in compliance with Chapter 18.54 (Signs);

K. Location of structures and facilities. Regulation of temporary structures and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards;

L. Waste collection. Provision for solid, hazardous and toxic waste collection, recycling, and/or disposal;

M. Compliance with applicable standards. A requirement that the approval of the requested Temporary Use Permit is contingent upon a finding, by the Director, that the operation will be in compliance with the applicable provisions of this Section, the Development Code, and successful approval of any/all required permits from another department(s) or governing agency; and

N. Other conditions. Other conditions that will ensure the operation of the proposed temporary event in an orderly and efficient manner and in full compliance with the purpose/intent of this Section.