(1) Purpose. The provisions of this section establish standards for temporary activities and uses that can be terminated and removed immediately. Temporary uses have no inherent rights within the base zone in which they are located.
(2) Applicability. Prior to initiation of any temporary use, the operator shall ensure that the standards in this section are met.
(3) Description. Temporary activities are short term or seasonal activities and do not require permanent site improvements. Temporary activities include temporary uses that:
(a) Are allowed by the zone but do not meet the normal development standards. Examples include, but are not limited to, Christmas tree sales or parking lot sales in a commercial zone.
(b) If permanent, would not be allowed by the base zone. An example is a church carnival in a residential zone. Temporary activities include, but are not limited to:
a. Construction yard, staging area.
b. Construction trailer.
c. Leasing office.
d. Garage sale.
e. Carnival and fair.
f. Parking lot sale.
g. Seasonal sale such as Christmas tree sale.
h. Firework sale.
i. Plant and produce stand.
(4) General Standards. All temporary activities are subject to the applicable standards listed below:
(a) Permanent changes to the development site to specifically accommodate the temporary activity are prohibited.
(b) Temporary parking areas for use during the construction of a building are allowed on the development site only during the period of construction. They must be removed within 1 month of issuance of a certificate of occupancy for the building. The land must be restored to the condition it was in before the development of the temporary parking area unless an alternative development was approved for the location by the city.
(c) All signs associated with the temporary activity must be located on the site of the temporary activity, may not be placed in the public right of way or vision clearance area, and must be removed when the activity ends.
(d) Temporary activities on development sites where the primary use is a conditional use may not violate the conditions of approval for the primary use.
(e) Notwithstanding any other provisions of this land use code, temporary activities and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency.
(f) These regulations do not exempt the operator of any temporary activity from any other required permits such as, but not limited to, sanitation facility permits or electrical permits.
(g) A temporary construction trailer is allowed on a construction site if a development permit application for a permanent structure on the development site is submitted to the city within 90 days of siting the temporary construction trailer. A temporary construction trailer may remain on the development site until the construction is completed.
(5) Zone Category and Duration.
(a) In addition to the standards in subsection (4) of this section, the standards for temporary activities in areas with a broad zone category of agricultural, residential or S-H Historic zone (See Table 9.1030 Zones) are as follows:
a. Garage Sales. Garage sales and other sales for items from the development site may occur for no more than 3 consecutive days on 3 different occasions during a calendar year.
b. Seasonal outdoor sales. Seasonal outdoor sales of plants and produce grown on the development site are allowed up to 2 consecutive weeks on 3 different occasions during a calendar year.
2. Fairs, Carnivals and Other Major Public Gatherings. Fairs, carnivals, and other major public gatherings are allowed for up to 9 consecutive days at a development site zoned education, entertainment, government, recreation, or religious services. Three events are allowed per calendar year.
(b) The standards for temporary activities in areas in the broad zone category of commercial, employment and industrial, or special (except S-H zones) are as follows:
1. Parking Lot Sales. Parking lot sales in zones where outdoor merchandise display is not otherwise permitted are allowed for up to 2 consecutive weeks on 3 different occasions during a calendar year.
2. Fairs and Carnivals. Fairs and carnivals are allowed for up to 2 consecutive weeks on 3 different occasions during a calendar year.
(c) The regulations for the zone category of government and education and park and open space (excluding the NR natural resource zone) are as follows:
1. Fairs, Carnivals and Other Special Events. Fairs, carnivals and other special events are allowed by right in the PL Public Land zone.