Chapter 10.116 CONDITIONAL USE PERMITS
Section 10.116.130 Temporary Conditional Use Permits
A. The purpose of a temporary conditional use permit is to provide
for the short-term use of
property and structures that are consistent with the purpose and objectives of this Ordinance.
B. An application for a temporary conditional use permit shall
be made to the Planning and
Building Department on a form prescribed by the Department. The application shall be
accompanied by a fee set by resolution of the City Council.
C. The Planning and Building Director is authorized to review
and approve temporary
conditional use permit applications subject to reviewing the following findings. The Director
may add conditions to insure consistency with the purpose and objectives of the Ordinance,
including the following:
1. That egress and ingress and off-street parking facilities
are properly designed and adequate
to serve the use.
2. That the site is adequate in size and location and has proper
accessibility to accommodate
the use.
3. That there are adequate public services, including fire protection,
water supply, waste water
disposal, and police protection to serve the use.
4. That upon termination of the use the site shall be restored
to its original condition. All
materials and equipment associated with the temporary use shall be removed.
5. That reasonable time limits shall be established for the use,
not to exceed six months unless
otherwise extended by the Planning Commission.
6. That the applicants for a temporary use permit shall have
all applicable licenses and permits.
7. That the signage for the use be approved by the Planning and
Building Director.
D. Temporary conditional use permits
may be processed as an administrative matter by the
Planning and Building Director. Following a decision by the Planning and Building Director, an
administrative agreement shall be prepared that outlines the findings and conditions on the
decision.
E. The following uses and activities are eligible for a temporary
use permit. The Planning
Commission, by resolution, may add other uses to this list. The Planning and Building Director
shall determine the appropriate districts for the uses and activities listed below.
1. Promotional Displays, Sales and Activities:
Promotional displays and activities, including amusement rides,
street dances, concerts, live
entertainment and promotional outdoor displays and sales. These activities may be conducted in
any district and shall be restricted to the buildable portion of the subject property. Temporary
signs are permitted with approval by the Planning and Building Director. All display material,
signs and related improvements shall be removed no later than 24 hours from the end of the
activity. Sale areas shall be situated where adequate parking is available and sight distances
at
intersections and driveways will not be obstructed.
2. Temporary Uses:
The temporary use of property by non-profit or charitable organizations,
including activities
such as expositions, concerts, carnivals, amusement rides, and church revivals. An activity shall
not exceed a two week time period.
3. Temporary Sales or Construction Offices:
A temporary office established to handle
sales or construction of a development project.
Temporary signs are permitted by approval of the Planning and Building Director.
4. Temporary Construction Structures:
Temporary buildings, structures or trailers
associated with construction projects that are
used to house tools, equipment, and supervisory offices.
5. Temporary Sales:
Temporary outdoor sales, sidewalk sales and temporary parking
lot sales lasting more than
three days in association with a permitted business for which there is an enclosed building. No
off-site signs shall be permitted and no more than six of these events will occur on the subject
property per calendar year.
6. Sale of Christmas trees and fireworks
stands are reviewed and approved by the Fire
Marshall.
7. In all zone district, the off-site sale of new and used automobiles and trucks is prohibited.
New and used automobile and truck sales must be conducted only at the permanent property
address in the City of Tulare listed for the dealership on its Department of Motor Vehicles
Dealer license. Except that an antique automobile sales, featuring automobiles and trucks older
than twenty years is not subject to said limitation and such sales may be approved by Planning
Director of properties zoned C-3, C-4, M-1, or M-2.
F. A decision of the Planning and Building
Director may be appealed to the Planning
Commission consistent with the requirements contained in Section 10.20: Appeals.
(Ord. 02-1906) (Prior Ord. 00-1854)